Current through November, 2024
Section 17-602.1-6 - Action on request for a hearing(a) When a claimant's written request for a hearing is received by the branch, the branch 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 branch 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 branch shall require verification by the appropriate court documents. The branch 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 branch and the branch 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 a DHS-BESSD 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 branch shall mail a notice of denial to the claimant.(e) When the requirements specified in sections 17-602.1-10, 17-602.1-11, or 17-602.1-12 are met, the branch shall reinstate or continue assistance.Haw. Code R. § 17-602.1-6
[Eff 3/19/93; am and 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 )