HAR §17-1703.1-8. Responsibility of hearing office

(a) The hearing office shall accept: (1) Any request directly submitted to the hearing office; and (2) All requests received through the Med-QUEST Division. (b) The hearing office shall acknowledge the request for the hearing through a written notice according to the provisions described in chapter 17- 1713.1 to the individual within fifteen (15) calendar days of the date of the hearing request to explain their right to: (1) Prompt administrative action; (2) Implementation of a hearing decision within ninety calendar days of the request; and (3) Receive medical assistance or any medical service which had been reduced or denied if a final decision has not been made and implemented within ninety (90) calendar days of the request and the individual is not already receiving aid paid pending. (c) Not less than fifteen (15) days prior to the hearing, the hearing office shall send a written notice in accordance with the provisions described in chapter 17-1713.1 to the individual and the Med-QUEST Division containing the following information: (1) The date, time, place, and nature of the hearing; (2) The legal authority under which the hearing is to be held; (3) The sections of the statutes and rules involved; (4) The issues involved and the basis for the department action; and (5) The individual’s right to retain legal counsel. (6) The individual’s right to request an interpreter or auxiliary aids, if required and shall be provided by the department at no cost. (d) When it becomes apparent to the hearing officer through facts presented by the department or other persons that the individual appealing lacks the ability or understanding to make or communicate UNOFFICIAL 1703.1-8 decisions regarding the hearing process or to authorize another individual to act on the individual’s behalf, the hearing officer may designate one of the following persons to represent the individual in the hearing process: (1) A spouse or other adult relative who has actual custody of the individual or demonstrates a close, continuing concern for the individual’s well being; or (2) An adult friend who has demonstrated a continuing and current interest, by overt acts, in the individual’s well being. In situations in which the hearing officer questions the ability of the individual to participate in the hearing process, the hearing officer may request and authorize a medical evaluation at the department's expense before designating an authorized representative. [Eff 09/30/13] (Auth: HRS §346-14(9); 42 C.F.R. §§ 431.221, 431.244) (Imp: HRS §§91-9, 91-9.5, 346-12; 42 C.F.R. §§ 431.221, 431.244) §17-1703.1-9 Denial or dismissal of a request for hearing. (a) A hearing shall not be granted by the department when either federal or state law requires automatic adjustment in the standard of assistance for classes of beneficiaries unless the appeal is for an incorrect determination of eligibility. (b) A hearing shall not be granted by the department when the individual has withdrawn the request in writing. Where the individual verbally communicates a desire to withdraw the hearing request through a mode of communication described in section 17-1703.1-4(a)(1) or (a)(3), the individual shall be advised that the withdrawal shall be submitted in writing or if the individual prefers, the department shall send a confirmation of the verbal request to withdraw to the individual. (c) A hearing shall not be granted by the hearing officer when the individual has abandoned the request. Abandonment occurs when the individual, without good cause, fails to appear at the hearing scheduled for the individual. (1) The hearing officer shall send the individual a letter stating that the appeal UNOFFICIAL 1703.1-9 is considered abandoned unless there was good cause for the failure to appear. The individual shall be notified that the request shall continue only if the individual presents good cause for the failure to appear and contacts the agency within fifteen (15) calendar days of the notice. If no reply is received within the fifteen (15) calendar days, the hearing request shall be considered abandoned. If the fifteenth (15th) day falls on a weekend or holiday, the fifteenth (15th) day shall then be the first working day after the weekend or holiday. (2) Good cause may be established on the basis of one of the following factors: (A) Death in the family; (B) Personal injury or illness which reasonably prohibits the individual from attending the hearing; or (C) Sudden and unexpected emergencies. (d) When a request for a hearing is denied or dismissed, the department shall send the individual a notice in accordance with the provisions described in chapter 17-1713.1, stating the reasons for the denial or dismissal. Written notice shall be provided the individual within ninety (90) calendar days of the date of hearing request. [Eff 09/30/13] (Auth: HRS §346-14(9); 42 C.F.R. §§431.220, 431.223, 431.244) (Imp: HRS §346-12; 42 C.F.R. §§431.220, 431.223, 431.244)