HAR §17-1605-24. Notice of disposition of request for expungement

(a) The department shall give written notice to the person when the department has made a decision on the person's request for expungement. (b) A notice that the department has granted the request for expungement shall be made in accordance with section 17-1605-26. (c) A notice of denial of a request for expungement shall: (1) Be sent to the mailing address provided on the request for expungement; (2) Contain a concise statement of the department's decision, reason for the decision, and the department's rules supporting the decision; and 1605-8 3616 §17-1605-25 (3) Inform the person of the right to submit a written request for a hearing pursuant to section 17-1605-30, that must be received by the department within ten working days of the mailing of the notice. (d) Upon receiving a timely written appeal, the department shall give notice of and an opportunity for an administrative appeal hearing before a hearing officer in accordance with the provisions set forth in chapter 17-1602. The requester shall have the burden of proof to show based upon a preponderance of the evidence that the request for expungement was incorrectly denied. On the basis of the evidence adduced at the hearing, the hearing officer shall make a decision in writing pursuant to section 91-12, HRS. (e) The name of a person whose request for expungement is denied shall remain on the central registry pending the decision of the hearing officer and any subsequent appeal. (f) A person whose request for expungement is denied shall not submit another request for expungement for a period of five years from the date of the denial or five years from the date the denial is affirmed on appeal, whichever is later. [Eff DEC 5 2025] (Auth: HRS §§346-14, 350-1, 350-2, 350-2.5, and 587A-4; Title 42 United States Code Chapter 67) (Imp: HRS §§346-14, 350-1, 350-2, 350-2.5, and 587A-4; Title 22 United States Code Annotated section 7102; Title 42 United States Code Chapter 67)