Section 17-602.1-16 - Hearing decision(a) All matters relating to the hearing shall be heard and disposed of within ninety calendar days from the date of request for a hearing except when the hearing is continued or the record is held open as specified in section 17-602.1-13(f). The time limit shall be extended only for the period of the continuance.(b) Unless the record is held open for additional documentary evidence, after closing the hearing, the hearing officer shall prepare the decision in writing. The decision shall contain a statement concerning the claimant's right to judicial review, the reasons for the decision, the evidence, and the rules supporting the decision. A copy of the written decision shall be provided the claimant or the authorized representative and the branch.(c) The transcript, recording, or an official record containing the substance of the hearing proceedings, together with all papers filed in the proceeding and the hearing officer's decision shall constitute the exclusive record and shall be maintained in the hearing office. The record shall be made available to the claimant or the authorized representative during normal business hours through the hearing office.(d) The branch shall comply with the hearing decision immediately upon receipt of the decision. (1) When the hearing decision is favorable to the claimant, the branch shall promptly make necessary corrective payments, retroactive to the date the incorrect action was taken, and shall notify the hearing office, in writing, of the action and the date the action was taken.(2) If the hearing decision is in favor of the claimant on the issue involved but, for technical reasons such as computer problems, immediate corrective payments are not made, the notice to the hearing officer shall include a statement of why the branch could not immediately comply with the decision.(3) The hearing officer shall review the notice to assure that the branch has correctly complied with the decision.(e) All hearing decisions shall be accessible to the public, subject to provision of safeguarding public assistance information stated in section 346-10, HRS, and the department's confidentiality provisions specified in chapter 17-601.Haw. Code R. § 17-602.1-16
[Eff 3/19/93; comp 9/18/06] (Auth: HRS § 346-14(9); 42 U.S.C. §601 - 610; 45 C.F.R. §205.10 ) (Imp: HRS § 346-12; 42 U.S.C. §601 - 610; 45 C.F.R. §205.10 )