Section 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an incorrect determination of eligibility.(b) A hearing shall not be granted by the department when the individual has withdrawn the request in writing.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 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 th 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: (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.Haw. Code R. § 17-1703.1-9
[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 )