HAR §17-1605-30. Hearings

(a) A request for administrative hearing to contest the denial of request for expungement shall be submitted in writing and shall specify the reasons why the person does not agree with the denial of the request for expungement, and a copy of the department's notice of denial. (b) A request for administrative hearing shall be received by the department within 10 working days of the notice of denial. If the tenth working day falls on a weekend or holiday, the tenth working day shall then be the first working day following the weekend or holiday. (c) When a request for administrative hearing is not received within 10 working days of the date of the notice of denial, the department shall deny the request for administrative hearing and mail a notice to the claimant informing the claimant of the denial of the request for administrative hearing. (d) A hearing to contest the denial of a request for expungement shall be conducted in accordance with chapter 17-1602. (e) The person requesting a hearing to contest a denial of a request for expungement shall have the burden of production to show evidence of the criteria considered in section 17-1605(b), and the burden of proof to show by a preponderance of the evidence that the department's denial of the expungement was incorrect. [Eff DEC 5 2025] (Auth: HRS §§91-9, 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) 1605-11 3616