HAR §6-23-2. Definitions

Definitions applicable to this subchapter are also provided in section 88-21, HRS, and sections 6-20-1 and 6-22-2. As used in this subchapter: 2 3-3 "Causation" refers to a finding as to whether or not a member's disability or death is: (1) The result of an accident occurring while in the actual performance of duty at some definite time and place; or (2) The cumulative result of some occupational hazard; or (3) The result of wilful negligence on the part of the member. "Petition" means a request filed with the system pursuant to section 6-23-4, in which an applicant for disability retirement benefits or accidental death benefits disputes the system's preliminary decision regarding the medical board's or designated entity's certifications and findings. [Eff 11/9/81; am and comp 11/26/2009; am and comp APR 1 1 20?2 ] (Auth: HRS §§88-28, 91-2) (Imp: HRS §§88-82, 9f-2) §6-23-3 Preliminary decision by the system; notice of preliminary decision; petition for contested case hearing. (a) Upon receipt of the medical board's or a designated entity's certifications and findings pursuant to section 6-22-8, the executive director on behalf of the system shall make a preliminary decision as to whether to accept, reject or remand the medical board's or designated entity's certifications and findings. The executive director on behalf of the system, may reject the medical board's or designated entity's certifications or findings, including findings regarding causation, and make independent determinations. The executive director on behalf of the system, may remand the certifications and findings to the medical board or designated entity for any clarification or correction. {b) Upon acceptance, rejection, or remand of the medical board's or a designated entity's certifications and findings, or any part thereof, the executive director on behalf of the system shall, within fifteen days thereafter, notify the applicant of the system's preliminary decision and the medical 23-4 board's or designated entity's certifications and findings. (c) If any certification or finding accepted by the executive director on behalf of the system in the preliminary decision, or any independent determination made by the executive director on behalf of the system in the preliminary decision, is adverse to the applicant, the executive director on behalf of the system shall notify the applicant of the applicant's right to file a petition for contested case hearing disputing the preliminary decision pursuant to section 6-23-4 and of the procedure for filing the petition. [Eff 11/9/81; am and comp 11/26/2009; am and comp A.PR 1· 1 2022 l (Auth: HRS §§88-28, 91-2) (Imp: HRS §§88'-82, 91-2) §6-23-4 Filing of petition for contested case hearing. After receipt of notice of the system's preliminary decision pursuant to section 6-23-3, an applicant may file a petition for contested case hearing disputing any adverse determination contained in the preliminary decision. The petition shall be filed in the office of the system in Honolulu no later than thirty days from the date of receipt of the written notification from the executive director of the system's preliminary decision regarding the medical board's or the designated entity's certifications and findings. [Eff 11/9/81; am and comp 11/26/2009; am and comp APR t·1 ?0?2 ] (Auth: HRS §§88-28, 91-2) (Imp: HRS §§88-82, 91-2) §6-23-S Contents of petition. (a) The petition for contested case hearing disputing the system's preliminary decision shall include the following: (1) The identity of the petitioner. If the petition is filed by a person or other entity on behalf of the member or applicant, the person or other entity shall state that 23-5 it has the right to represent the member or applicant and shall submit proof of that right with the petition; and (2) The grounds for the petition, the specific issues involved, the contentions of the petitioner, and a description of the evidence that the petitioner intends to introduce in support of the contentions. (b) An incomplete petition may be returned to the petitioner with an explanation for the return. If returned, the petitioner shall have fifteen days in which to correct and refile the petition. Any petition refiled within the fifteen-day period may be rejected if the petition is still incomplete and the incompletion is material and substantial. (c) Any petition that is not filed within the period prescribed in section 6-23-4 and any petition that is returned and not corrected and refiled within the period prescribed in subsection (b) shall be rejected. [Eff 11/9/81; am and comp 11/26/2009; am and comp APR 1· 1 20?? ] (Auth: HRS §§ 88-28, 91-2 l (Imp: HRS §§88-82, 91-2)