HAR §11-800-15. Appeal

(a) When the department's decision is to deny or revoke a license or certificate, or to levy a fine under this chapter, the department shall: (1) Provide a written notice to the person, agency, or organization whose license or certificate is to be denied or revoked, or is being fined, by certified or registered mail to the last known address as may be shown in the application, license, or certificate of approval; and (2) Include in the notice a statement of the reasons for the proposed action and information that the applicant, licensee, or certificate holder has the right to appeal the decision to the director of the department, in 800-22 3325 11-800-15 writing, no later than thirty days after the date of the notice of the proposed action. (b) Upon receiving a timely written appeal, the director of the department shall give notice of and an opportunity for a hearing before a hearing officer. On the basis of the evidence presented at the hearing, the hearing officer shall make the final decision of the department as to whether the application, license, or certificate shall be denied or revoked, or a fine levied. (c) At any hearing provided for by this section, the applicant, licensee, or certificate holder may be represented by counsel and shall have the right to call, examine, and cross- examine witnesses. Evidence may be received even though inadmissible under rules of evidence applicable under court procedures. (d) The hearing officer's decision shall be in writing, shall contain findings of fact and rulings of law, and shall be mailed to the parties to the proceedings by certified or registered mail to the last known address as shown on the application, license, or certificate. (e) Filing an appeal shall not stay the department's denial, suspension, or revocation of a license or certificate, or levying of a fine. [Eff NOV 13 2018] (Auth: HRS §§321-481 to 321-483, 321-485, 346-14) (Imp: HRS §§321-20, 321-481 to 321-483, 321-485, 346- 14) # §11-800-16 Confidentiality of applicant and recipient information. (a) All information relating to individuals who apply for or receive home and community-based case management and community care foster family home services shall be confidential. (b) Case management agencies and homes licensed or certified under this chapter will: (1) Have written policies and procedures that relate to confidentiality and 800-23 3325 11-800-21 privacy rights of applicants and recipients; (2) Safeguard all confidential information about applicants and recipients of services; (3) Inform clients about their confidentiality practices; (4) Respect client privacy rights; and (5) Provide training to all employees, and for homes, other adults in the home, on their confidentiality policies and procedures and client privacy rights. (c) Information about an applicant or recipient shall not be used or disclosed unless: (1) The applicant, recipient, or a legal representative of the applicant or recipient has authorized in writing the use or disclosure of the information; or (2) The use or disclosure is specifically permitted under applicable federal or state rules or regulations. [Eff NOV 13 2018] (Auth: HRS §§321-481 to 321-483, 321-485, chapter 323B, 346-14) (Imp: HRS §§346-14) §