HAR §17-1402-8.

‘-. (1) Any request directly at the hearing office; and (2) All requests cleared through social services units. (b) The hearing office shall acknowledge the request for the hearing by a written communication to the claimant within fifteen calendar days of the date of hearing request. (c) In addition to the foregoing, the hearing office shall give the claimant a written notice that the individual has a right to: (1) Prompt administrative action; (2) Implementation of a hearing decision within ninety calendar days of the request; and (3) Receive any assistance or service which had been reduced or denied if a final decision has not been made and implemented within ninety calendar days of the request and the individual is not already receiving aid paid pending. (d) The hearing office shall also provide a written notice of the hearing to the claimant or to the authorized representative and the unit not less than fifteen calendar days prior to the hearing. The notice shall: (1) Be sent by certified or registered mail to the claimant or authorized representative with return receipt requested. A copy shall be sent to the unit; Specify the date, time, place, and nature of 4 (2) (3) (4) (5) (6) W the hearing; Specify the legal authority hearing is to be held; Specify the sections of the rules involved; Specify the issues involved the unit's action; and under which the statutes and and the basis for Specify the claimant's right to retain legal counsel. When it becomes apparent to the hearing _ - officer through facts presented by the department or other persons that a claimant lacks the ability or understanding to make or communicate decisions regarding the hearing appeal or to authorize another individual to act on the claimant's behalf, the hearing officer may designate one of the following persons to represent the claimant in the hearing process: 1402-6 s17-1402-g A spouse or other adult relative who has actual custody of the claimant or demonstrates a close, continuing concern for the claimant's well being; or An adult friend who has demonstrated a continuing and current interest, by overt. acts, in the claimant's well being. In situations in which the hearing officer questions the ability of the claimant to participate in the hearing process, the hearing officer may request and authorize a medical evaluation at department's expense before designating an authorized representative. [Eff 12/S/97] (Authi HRS 5346-14) (Imp: HRS $$91-9, 91-9.5, 346-12) §17-1402-9 Denial or dismissal of a reauest for hearinu. (a) A hearing shall not be granted by the department when either federal or state law requires automatic grant adjustment for classes of recipients unless the appeal is for incorrect grant computation. (b) A hearing shall not be granted by the department when the claimant has withdrawn the request in writing. Where the claimant verbally reports a desire to withdraw the hearing request, the claimant shall be advised that the withdrawal shall be submitted in writing. If the claimant prefers, the department shall confirm the claimant's request to withdraw in writing to the claimant. (c) The unit shall determine whether the request for hearing is based on action taken by the department as a result of subsection (a). These requests shall be denied by the unit. (d) A hearing shall not be granted by the hearing officer when the claimant has abandoned the request. Abandonment occurs when the claimant or the authorized representative, without good cause, fails to appear at the hearing scheduled for the claimant. (1) The hearing officer shall send the claimant a letter stating that the appeal is considered abandoned unless there was good cause for the claimant's failure to appear. The claimant shall be notified that the ,request shall continue only if the claimant'presents good cause for the failure to appear and contacts the agency within ten calendar days of the 1402-7 $17-1402-9 notice. If no reply is received within the ten calendar days, the hearing request shall be considered abandoned. If the tenth day falls on a weekend or holiday, the tenth day shall then be the working day after the weekend or the holiday. (2) Good cause may be established on the basis of one of the following factors: (A) Death in the family; (B) Personal injury or illness which reasonably prohibits the claimant from attending the hearing; or (C) Sudden and unexpected emergencies. (e) When a request for a hearing is denied or dismissed, writing, the department shall inform the claimant in stating the reasons for the denial or dismissal. Written notice shall be provided the claimant within ninety calendar days of the date of hearing request. [Eff 12/5/97] (Auth: HRS §346-14) (Imp: HRS $346-12) §17-1402-10 Status of social services recipients pendina hearinq. (a) When a signed written request for a hearing is received from a social services recipient, of action, entitled to timely notice, before the date the date on which services shall be reduced or terminated, no action shall be taken to reduce or terminate social services until a hearing decision is rendered, (1) unless: The claimant withdraws or abandons the request for hearing as specified in section 17-1402-g; A determination is made at the hearing that the sole issue involved is one of state or federal law or policy, or change in state or federal law and not one of incorrect service cost computation; Another change affecting the claimant's services occurs during the hearing process and the claimant fails to request a hearing after notice of the change; or The recipient specifically requests not to receive continued service pending a hearing decision. (2) (3) (4) (b) . The department shall notify the claimant in writing ir service is to be reduced or discontinued 1402-8 .v ‘: \< . J’“\ / II : ,:7. __ - §17-1402-11 pending the hearing decision for reasons, specified in subsection (a), other than withdrawal or abandonment of the request by the claimant. (c) In any case where only adequate notice is required, if the recipient requests a hearing within ten calendar days of the mailing of the adequate notice of the action, assistance shall be reinstated and continued until a decision is rendered after the hearing unless: (1) Action was due to application of state or federal law or policy or a change in state or federal law; or (2) The recipient specifically requests that continued assistance not be paid pending the hearing decision. If the tenth day falls on a weekend or holiday, the tenth day shall be the working day following the weekend or holiday. (d) If, while receiving aid paid pending, the claimant: (1) Becomes eligible for additional assistance, services shall be increased; or (2) Provides a written request for but is denied additional assistance, aid paid pending shall continue and a notice of the denial shall be provided. The notice shall include a statement of the denial, reason for the denial, specific rule supporting the denial and the person's right to.appeal the decision. [Eff 12/5/97] (Auth: HRS §346-14) (Imp: HRS §346-12) $17-1402-11 The hearinu. (a) The hearing shall include consideration of: (1) Any adult and community care services branch adverse action on a claim for social services which includes the department's: (A) Failure to determine eligibility or make a payment within time limits set by the specific public assistance programs; (B) Refusal to consider a request for or failure to make a payment adjustment within time limits set by the specific public assistance programs; or 1402-g f-! ,‘- _, §17-1402-11 (2) (b) person at (C) The method of payment, including restricted or protective payments; or (D) Conditions of payment. The claimant shall be required to appear in the hearing unless authorization for an authorized representative was received by the department. When mutually agreed upon by the applicant or recipient and the department, a hearing may be conducted over the telephone. Unless both the department and the claimant agree to the presence of other individuals, the hearing officer or other person conducting the hearing shall limit attendance to the following individuals necessary for the conduct of the hearing: (1) The claimant, or both, the authorized representative, interpreter, if any, legal counsel, and witnesses; (C) Discontinuance, termination, suspension, withholding, or reduction of the assistance; and Any adult and community care services branch decision regarding: (A) Eligibility for public assistance in both initial and subsequent determinations; (B) Amount of public assistance or change in payment; (2) Representatives of the adult and community care services branch; (3) Representatives of the social services division; and (4) Hearing officer and members of the hearing office staff. (c) An interpreter shall be provided by the department when requested by the claimant. (d) The claimant or the authorized representative shall, upon request, be able to examine the case record as well as all available documentary evidence that shall be used by the department at the hearing as specified in section 17-1402-5. (e) The hearing shall be conducted at a reasonable time, date, and place and shall generally be held in the geographic area where the claimant is living at the time of the hearing. The hearing shall be conducted at a location specified by the hearing officer unless the claimant is unable to travel to the site because of health or transportation problems. 1402-10 _^ “. _ ,, . . 1 9 ‘__ §17-1402-13 r‘ i (f) The decision of the hearing officer shall be based exclusively on evidence and other material introduced at the hearing. If, after a hearing has begun, additional evidence is necessary for the proper determination of the case, the hearing officer may: (1) Continue the hearing at a later date. The hearing officer may order further investigation and may direct either party to produce additional evidence; or (2) Close the hearing and hold the record open for a period not to exceed thirty days to permit the receipt of additional documentary evidence. [Eff 12/5/97] (Auth: HRS 5346-14) (Imp: HRS §346-12)