HAR §7-32-14. Eligibility for burial

(a) Title 38, part 1, section 620 of the Code of Federal Regulations, as it existed on August 23, 1989, shall govern the procedures pertaining to eligibility for interment in the cemetery. (b) The burden of proof of eligibility for burial in the cemetery shall be on the applicant for such burial. (c) A designated cemetery official shall determine the eligibility of a person for interment or inurnment in the cemetery in accordance with this chapter and shall issue such determination in writing. (d) In questionable cases relating to character of discharge and verifying service information, eligibility shall be based on a determination by the United States Department of Veterans Affairs regional office concerning the character of discharge and verification of service information. (e) A veteran, representative, or next of kin may appeal any determination of a designated cemetery official as provided under subsection (c) regarding the eligibility of a veteran, or dependent, for burial in the cemetery. (1) The appeal shall be in writing, shall include all information to be considered as the basis of the appeal, and shall be filed with the director no more than seven days after notification of the initial determination made by a designated cemetery official; (2) Chapter 91, Hawaii Revised Statutes, shall govern the appeal hearing process; (3) The director shall render a decision in writing no more than seven days after conclusion of the hearing on the appeal; (4) The veteran, representative, or next of kin filing the appeal may, pursuant to chapter 91, Hawaii Revised Statutes, request an expedited appeal by agreeing to modify or waive any procedure and informally dispose of any case by stipulation, agreed settlement, consent order, or default of the parties and the director shall respond to the appeal within three working days of its submission. (f) Chapter 91, Hawaii Revised Statutes, shall govern the admissibility, preservation and use of evidence for this section. [Eff: AUG 10 1991] (Auth: HRS §363-2) (Imp: HRS §363-2; 38 CFR §1.620) BACK TO TOP Hawaii Administrative Rules: Title 7, Subtitle 2, Chapter 32: Hawaii State Veterans Cemetery Rules of Practice and Procedure State of Hawaii Department of Defense: Administrative Services Office [http://www.dod.state.hi.us/aso] (Page 7 of 20)