HAR §17-1602-5
HAR §17-1602-5. Rights of the claimant
Cite as Haw. Code R. § 17-1602-5
(a) The claimant or the authorized representative shall have an opportunity to:
(1) Examine the claimant's case file, and any documents and records to be used at the hearing, at a reasonable time before the date of the hearing as well as during the hearing, in accordance with the department's confidentiality provisions specified in chapter 17-1601;
(2) Present the case independently or with the aid of others including legal counsel;
(3) Bring witnesses;
(4) Request an interpreter which shall be provided by the department during the hearing process if the claimant has limited English language proficiency;
(5) Establish all pertinent facts and circumstances;
(6) Advance any arguments appropriate to the issue being heard without undue interference;
(7) Question or refute any testimony or evidence, and to confront and cross-examine any witness present at the hearing; and
(8) Request that the assigned hearing officer issue a subpoena for a witness or for documents.
(b) Nothing in this section creates any obligation on the department to have present any witnesses at the hearing. [Eff DEC 5 2025 ] (Auth: HRS §346-14) (Imp: HRS §§91-9, 91-10, 346-12)
1602-6
3617