HAR §17-1602-13. Hearing decision

(a) All matters relating to the hearing shall be heard and disposed of within one hundred and twenty calendar days from the date of hearing request or the date the claimant or the authorized representative submits a confirmation of the authorized representative's authority, whichever is later. The one hundred and twenty calendar days can be extended when the hearing is continued or the record is held open as specified in section 17-1602-11. The time limit for the decision shall be extended only for the period of the continuance or the period the record is held open. (b) Unless the record is held open for additional evidence, the hearing officer shall prepare the decision in writing after closing the hearing. The decision shall contain a statement concerning the claimant's right to judicial review, the reasons for the decision, an explanation of the significant evidence upon which the hearing officer relied, and the rules supporting the decision. A copy of the written decision shall be provided to the claimant or the claimant's authorized representative, and the department. (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 by the hearing office. The record shall be made available to the claimant or the claimant's authorized representative during normal business hours through the hearing office. 1602-15 3617. §17-1602-13 (d) The unit shall comply with the hearing decision immediately upon receipt of the decision; provided that the timeframes in this subsection shall not apply if any party appeals the decision for judicial review pursuant to section 91-14, HRS. (1) When the hearing decision is favorable to the claimant, the unit shall promptly make necessary corrections, after the time for appeal has passed and no stay is granted by the circuit court. The corrective action shall be retroactive to the date the incorrect action was taken, and the unit shall notify the hearing office, in writing, of the action and the date the action was taken; provided that if there are technical reasons such as computer problems that prevent immediate corrective action, the notice to the hearing office shall include a statement of why the unit could not immediately comply with the decision. The hearing office shall review the notice to ensure that the unit has correctly complied with the decision. (2) When the hearing decision is in favor of the department, any overpayment made to the claimant shall be recovered in accordance with department rules and procedures. (e) All hearing decisions shall be accessible to the public, subject to the safeguarding of information specified in section 346-10, HRS, and the department's confidentiality provisions specified in chapter 17-1601. [Eff DEC 5 2025] (Auth: HRS §346-14) (Imp: HRS §346-12)