Haw. Code R. § 17-602.1-9

Current through November, 2024

Section 17-602.1-9 - Denial or dismissal of a request for a hearing

(a) A hearing shall not be granted by the department when either federal or state law requires automatic grant adjustment for classes of recipients unless the appeal is for incorrect grant computation.

(b) A hearing shall not be granted by the department when the claimant has withdrawn the request in writing. Where the claimant verbally reports a desire to withdraw the hearing request, the claimant shall be advised that the withdrawal shall be submitted in writing. If the claimant prefers, the department shall confirm the claimant's request to withdraw in writing to the claimant.

(c) The branch shall determine whether the request for hearing is based on action taken by the department as a result of subsection (a). These requests shall be denied by the branch.

(d) A hearing shall not be granted by the hearing officer when the claimant has abandoned the request. Abandonment occurs when the claimant or the authorized representative, without good cause, fails to appear at the hearing scheduled for the claimant.

(1) The hearing officer shall send the claimant a letter stating that the appeal is considered abandoned unless there was good cause for the claimant's failure to appear. The claimant shall be notified that the request shall continue only if the claimant presents good cause for the failure to appear and contacts the agency within ten calendar days of the notice. If no reply is received within the ten calendar days, the hearing request shall be considered abandoned. If the tenth day falls on a weekend or holiday, the tenth day shall then be the working day after the weekend or the holiday.

(2) Good cause may be established on the basis of one of the following factors:

(A) Death in the family;

(B) Personal injury or illness which reasonably prohibits the claimant from attending the hearing; or

(C) Sudden and unexpected emergencies.

(e) When a request for a hearing is denied or dismissed, the department shall inform the claimant in writing, stating the reasons for the denial or dismissal. Written notice shall be provided the claimant within ninety calendar days of the date of hearing request.

Haw. Code R. § 17-602.1-9

[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 )