Current through November, 2024
Section 17-1402-6 - Action on request for hearing(a) When a claimant's written request for a hearing is received by the department, the department shall immediately determine whether the request was received within the time period specified in this section and shall submit the request to the hearing officer. The department shall enter on the request the claimant's name, case number, and date the request was received. When the claimant is a court appointed guardian, the department shall require verification by the appropriate court documents. The department shall indicate the claimant's guardian status on the request.(b) When the request is received by the hearing office, the request shall be date stamped and immediately forwarded to the unit which initiated the adverse action. The unit shall immediately determine whether the request was received within the period specified in this section.(c) The request shall be received by the department within ninety calendar days of the date on which the notice informing the client of an adult and community care services branch decision was mailed to the claimant and shall refer to that specific decision. If the ninetieth day falls on a weekend or holiday, the ninetieth day shall then be the working day following the weekend or holiday.(d) If the request was not filed within ninety calendar days of the date the notice was mailed to the claimant, the request shall be denied and the unit shall mail a notice of denial to the claimant.(e) When the requirements specified in section 17-1402-10 are met, the unit shall reinstate or continue assistance.[Eff 12/5/97] (Auth: HRS § 346-14) (Imp: HRS § 346-12)