HAR §17-1402-12. Group hearings

A series of individual requests for a hearing may be consolidated into a single group hearing when the sole issue involved is one of state or federal law or policy, or changes in state or federal law. Each individual shall be permitted to present the individual's own case or be represented by an authorized representative. [Eff 12/5/97] (Auth: HRS §346-14) (Imp: HRS $346-12) §17-1402-13 Hearinq decision. (a) All matters relating to the hearing shall be heard and disposed of within ninety calendar days from the date of request for a hearing except when the hearing is continued or the record is held open as specified in section 17- 1402-11. The time limit shall be extended only for the period of the continuance. (b) Unless the record is held open for additional' documentary evidence, after closing the hearing, the hearing officer shall prepare the decision in writing. The decision shall contain a statement concerning the claimant's right to judicial review, the reasons for the decision, the evidence, and the rules supporting the decision. A copy of the written decision shall be provided the claimant or the authorized representative and the adult and community care services branch. (c) The transcript, recording, or an official record containing the substance of the hearing proceedings, together with all papers filed in the proceeding and the hearing officer's decision shall constitute the exclusive record and shall be maintained 1402-11 . §17-1402-13 / < in the hearing office. The record shall be made available to the claimant or the authorized representative during normal business hours through the hearing office. (d) The unit shall comply with the hearing decision immediately upon receipt of the decision. (1) When the hearing decision is favorable to the claimant, the unit shall promptly make necessary corrective payments, retroactive to the date the incorrect action was taken, and shall notify the hearing office, in writing, of the action and the date the action was taken. (2) If the hearing decision is in favor of the claimant on the issue involved but, for technical reasons such as computer problems, immediate corrective payments are not made, the notice to the hearing officer shall include a statement of why the unit could not immediately comply with the decision. (3) The hearing officer shall review the notice to assure that the unit has correctly complied with the decision. (e) All hearing decisions shall be accessible to the public, subject to provision of safeguarding public assistance information stated in section 346-10, HRS, and the confidentiality provisions specified in chapter 17-1401. 5346-12) [Eff 12/5/97] (Auth: HRS §346-14) (Imp: HRS 517-1402-14 Decisions pendino over ninety days. (a) When a final decision has not been made and implemented within ninety calendar days of the request, the department shall restore any amount by which the individual's monthly assistance had been reduced, grant any assistance which had been denied, or restore or grant any service which was reduced or denied, if the individual is not already receiving aid paid pending. When the hearing decision is pending over ninety days, aid paid shall be determined in accordance with subsections (d) and (e). (b) The hearing officer shall notify the social services worker orally on the ninety-first day when a final decision is not reached within ninety days. If the ninety-first day falls on a weekend or holiday, the ninety-first day shall then be the working day 1402-12 . 1; ,<., .v I s §17-1402-14 following the weekend or holiday. A written confirmation shall be sent within three working days. (cl In situations where a claimant has requested or is otherwise responsible for a delay in the hearing process, the time period shall be tolled only for the period of the delay. (d) The social services worker shall review current need and eligibility factors exclusive of the issue on appeal. If the claimant is found to be currently eligible, the amount of help by which the monthly assistance was reduced or denied shall be restored or provided from the ninety-first day within five working days after oral notice is received from the hearing officer. The followinq action shall be taken to (1) p (2) (3) (e) When assistance or social services are reduced, the amount of assistance or social services shall be restored to the previous level until a final decision is made, provided the claimant remains eligible and no other payment changes become necessary; and Assistance shall continue until a final decision is made. If, for reasons exclusive of the issue pending hearing, the department determines that the claimant is ineligible to receive assistance or social services, the department shall reduce or deny the assistance or social services on or after the ninety- first day of the hearing request. The social services worker shall prepare and mail a notice indicating the reasons for not restoring assistance or social services pending the final hearing decision. [Eff 12/5/97] (Auth: HRS S346-14) (Imp: HRS §346-12) restore the assistance or-social services: When assistance is denied or payment terminated, the amount of assistance shall be determined as follows: (A) When the ninety-first day is between the first and fifteenth day of the month, the monthly assistance payment shall be provided; or (B) When the ninety-first day is between the sixteenth and the end of the month, one- half the monthly assistance payment shall be provided; . 1402-13 . Pj §17-1402-15 S17-1402-15 Recovery of aid paid pendins. hd (a) Aid paid pending a hearing decision from the date aid paid pending begins through the ninetieth day shall be recoverable by the department if the department's action is sustained. For social services, the overpayment and recoupment provisions of chapter 17- 1416 shall apply. (b) If, for reasons other than a settlement negotiated by the state attorney general's office, the individual withdraws or abandons the request as specified in section 17-1402-9, the department shall recover the aid paid pending the hearing decision. [Eff 12/5/97] (Auth: HRS §346-14) (Imp: HRS §§346-12, 346-44) 1402-14 . ,bJ