HAR §17-606-13
HAR §17-606-13. The administrative hearing
Cite as Haw. Code R. § 17-606-13
(a) The
administrative hearing shall include consideration of:
(1) Evidence received, including oral testimony
and exhibits; and
(2) Proposed findings and exceptions.
(b) The claimant shall be required to appear in
person at the administrative hearing unless authoriza-
tion for an authorized representative was received by
the department. When mutually agreed upon by the
claimant and the department, a hearing may be conducted
over the telephone. Unless both the department and the
claimant agree to the presence of other individuals,
the hearing officer or other person conducting the
administrative hearing shall limit attendance to the
following individuals necessary for the conduct of the
hearing:
(1) The claimant, the authorized representative,
or both, interpreter, if any, legal counsel,
and witnesses;
(2) Representatives of the state family and adult
services division; and
(3) Hearing officer and members of the adminis-
trative appeals office staff.
(c) An interpreter shall be provided by the
department when requested by the claimant.
606-12
(d) The claimant or the authorized representative
shall, upon request, be able to examine the case record
as well as all available documentary evidence that
shall be used by the department at the administrative
hearing as specified in section 17-606-8.
(e) The administrative hearing shall be conducted
at a reasonable time, date, and place and shall
generally be held in the jurisdiction of the branch in
which the claimant is living at the time of the
administrative hearing. The administrative hearing
shall be conducted at a location specified by the
hearing officer unless the claimant is unable to travel
to the site because of health or transportation
problems.
(f) The decision of the hearing officer shall be
based exclusively on evidence and other material
introduced at the administrative hearing. If, after an
administrative hearing has begun, additional evidence
is necessary for the proper determination of the case,
the hearing officer may:
(1) Continue the administrative hearing at a
later date. The hearing officer may order
further investigation and may direct either
party to produce additional evidence; or
(2) Close the administrative hearing and hold the
record open for a period not to exceed thirty
days to permit the receipt of additional
documentary evidence. [Eff 10/4/90; comp
3/19/93 ] (Auth: HRS §346-14) (Imp: HRS
§§231-51 to -59)