HAR §20-10-13
HAR §20-10-13. Hearings to contest the setoff
Length: 342 wordsOfficial source
Cite as Haw. Code R. § 20-10-13
(a)
The administrative hearings under this subchapter
shall be treated as a contested case hearing under the
Hawaii Administrative Procedure Act (chapter 91, HRS)
and shall be conducted in accordance with the
statutory requirements for contested case hearings.
(b)
The administrative hearings under this
subchapter shall be presided by a hearing officer
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designated by the president o r the president's
designee.
§20-10-14
(c)
Upon receipt of a written request for a
contested case hearing 1 the appropriate business
office at the university shall direct the duly
designated hearing officer to issue a written notice
to both the debtor and the claimant, which notice
shall include a statement of;
(1)
The date, time , p l a c e 1
and nature of the
hearing;
(2)
The legal authority under which the hearing
is to be held;
(3)
The particular sectio ns of the statutes and
rules involved;
(4)
An explicit statement in plain language of
the issues involved and the facts alleged by
the claimant in support thereof; provided
that if the claimant is unable to state the
issues and facts in detail at the time the
notice is served, the initial notice may be
limited to a statement of the issues
involved, and thereafter upon appl ication a
bill of particulars shall be furnished;
(5)
That the contested case is limited to issues
not previously contested by the debtor; and
(6)
The fact that any party may retain counsel
if so desired, and the fact that an
individual may appear on the individual's
own behalf .
The written noti ce of hearing shall be provided to all
parties to the administrative proceeding at least
fifteen days before the hearing.
[Eff 5/9/98; comp
12/120E'f;l ~ 2ffld comp 3/18/18; am and comp
)
(Auth :
HRS §§26-38, 91-2 , 231-58 ,
304A-105, 304A-604) (Imp ;
HRS §§91-2, 91-9 to 91-13 ,
92-16, 231-53, 304A-105, 304A-602, 304A-604)
§20-10-14
Procedures for the administrative
hearing on the setoff .
(a )
Oppo rtunities shall be
afforded all parties in a contested case to present
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