Section 17-602.1-8 - Responsibility of the hearing office(a) The hearing office shall accept:(1) Any request directly at the hearing office; and(2) All requests cleared through income maintenance or support services units.(b) The hearing office shall acknowledge the request for the hearing by a written communication to the claimant within fifteen calendar days of the date of hearing request.(c) In addition to the foregoing, the hearing office shall give the claimant a written notice that the individual has a right to: (1) Prompt administrative action;(2) Implementation of an hearing decision within ninety calendar days of the request; and(3) Receive any assistance or service which had been reduced or denied if a final decision has not been made and implemented within ninety calendar days of the request and the individual is not already receiving aid paid pending.(d) The hearing office shall also provide a written notice of the hearing to the claimant or to the authorized representative and the branch not less than fifteen calendar days prior to the hearing. The notice shall: (1) Be sent by certified or registered mail to the claimant or authorized representative with return receipt requested. A copy shall be sent to the branch;(2) Specify the date, time, place, and nature of the hearing;(3) Specify the legal authority under which the hearing is to be held;(4) Specify the sections of the statutes and rules involved;(5) Specify the issues involved and the basis for DHS-BESSD action; and(6) Specify the claimant's right to retain legal counsel.(e) When it becomes apparent to the hearing officer through facts presented by the department or other persons that a claimant lacks the ability or understanding to make or communicate decisions regarding the hearing appeal or to authorize another individual to act on the claimant's behalf, the hearing officer may designate one of the following persons to represent the claimant in the hearing process: (1) A spouse or other adult relative who has actual custody of the claimant or demonstrates a close, continuing concern for the claimant's well being; or(2) An adult friend who has demonstrated a continuing and current interest, by overt acts, in the claimant's well being. In situations in which the hearing officer questions the ability of the claimant to participate in the hearing process, the hearing officer may request and authorize a medical evaluation at department's expense before designating an authorized representative.Haw. Code R. § 17-602.1-8
[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 §§ 91-9, 91-9.5, 346-12; 42 U.S.C. §601 - 610; 45 C.F.R. §205.10 )