HAR §17-1703.1-3
HAR §17-1703.1-3. Right to a hearing
Cite as Haw. Code R. § 17-1703.1-3
(a) Every
individual shall be provided an opportunity for a
hearing where an adverse action affects the
individual’s eligibility, benefits, services or
claims.
(b) Every individual shall be provided an
opportunity for an expedited hearing in accordance
with section 17-1703.1-11, if the time otherwise
permitted as described in section 17-1703.1-15 (a)(1)
or (a)(2) would jeopardize the individual’s life or
health or ability to attain, maintain or regain
maximum function.
(c) Every individual filing for a hearing shall
have the right to submit a written request naming an
authorized representative for hearing purposes. The
written authorization shall be received by the
department before the department acknowledges any
action taken by the authorized representative on the
individual's behalf.
(d) Every individual shall be informed in
writing at the time of application denial or adverse
UNOFFICIAL
1703.1-3
action:
(1) Of the individual's right to a hearing;
(2) Of the method for obtaining a hearing;
(3) That the individual may present the appeal
independently or be represented by an
authorized representative such as legal
counsel, relative, friend, or any other
person of the individual's choice;
(4) The availability of interpreter services for
a limited English proficient individual; and
(5) Auxiliary aids for an individual with
disabilities. [Eff 09/30/13] (Auth: HRS
§346-14(9); 42 C.F.R. §431.206) (Imp: HRS
§346-12; 42 C.F.R. §431.206)