HAR §8-37-7. Hearing of appeals

(a) Upon an oral or written request for a hearing, the department shall schedule the hearing with reasonable promptness and convenience. The department shall provide adequate notice with respect to the time and place of the hearing. (b) The hearing shall be conducted in the following manner: (1) The applicant may be assisted by an attorney or other person; (2) The applicant shall be given an opportunity, before and during the hearing, to examine documents and records presented to support the decision being appealed; (3) The applicant shall be given an opportunity to present oral or documentary evidence and argument supporting the appeal; (4) The applicant shall be given an opportunity to question or refute any testimony or other evidence and to cross-examine any adverse witnesses; (5) The hearing shall be conducted and decision made by an official who did not participate in the decision being appealed or in any previous conference; (6) The decision of the hearing official shall be based on the oral and documentary evidence presented at the hearing and made part of the hearing record; (7) The parties involved, including any designated representative, shall be notified in writing of the decision of the hearing official; and (8) A written record shall be maintained for each hearing which shall include: (A) The decision under appeal; (B) The documentary evidence presented; (C) A summary of any oral testimony presented at the hearing; (D) The decision of the hearing officer and the reasons for the decision; and (E) A copy of the notification to the parties involved of the hearing official's decision. (c) The written record of the hearing shall be preserved for three years and shall be available for examination by parties concerned or their representatives at any reasonable time and place during the period. (d) When a household appeals an adverse action that affects its benefits and requests an impartial hearing, benefits shall be continued while the household awaits the hearing and decision: (1) Households that have been approved for benefits and that are subject to a reduction or termination of benefits later in the same school year shall receive continued benefits if they appeal the action within the ten advance notice period. (2) Households that are denied benefits upon application shall not receive benefits. [Eff. 11/28/83; comp and ren