Current through September, 2024
Section 17-1703.1-3 - Right to a hearing(a) Every individual shall be provided an opportunity for a hearing where an adverse action affects the individual's eligibility, benefits, services or claims.(b) Every individual shall be provided an opportunity for an expedited hearing in accordance with section 17-1703.1-11, if the time otherwise permitted as described in section 17-1703.1-15(a)(1) or (a)(2) would jeopardize the individual's life or health or ability to attain, maintain or regain maximum function.(c) Every individual filing for a hearing shall have the right to submit a written request naming an authorized representative for hearing purposes. The written authorization shall be received by the department before the department acknowledges any action taken by the authorized representative on the individual's behalf.(d) Every individual shall be informed in writing at the time of application denial or adverse action: (1) Of the individual's right to a hearing;(2) Of the method for obtaining a hearing;(3) That the individual may present the appeal independently or be represented by an authorized representative such as legal counsel, relative, friend, or any other person of the individual's choice;(4) The availability of interpreter services for a limited English proficient individual; and(5) Auxiliary aids for an individual with disabilities.Haw. Code R. § 17-1703.1-3
[Eff 09/30/13] (Auth: HRS § 346-14(9); 42 C.F.R. §431.206 ) (Imp: HRS § 346-12; 42 C.F.R. §431.206 )