Haw. Code R. § 17-1706-12

Current through November, 2024

Section 17-1706-12 - Denial of request for administrative hearing

(a) An administrative hearing shall not be granted by the department when the claimant has withdrawn the request in writing.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 administrative 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.

(b) An administrative hearing shall not be granted by the department when the department decides not to complete a tax setoff or refunds the tax setoff before a hearing is scheduled.

(c) An administrative 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 administrative 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 administrative 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 administrative hearing; or

(C) Sudden and unexpected emergencies.

(d) An administrative hearing shall not be granted if the administrative hearing request is not received within the timeframes specified in section 17-1706-7(a).

(e) When a request for an administrative 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 one hundred twenty calendar days of the date of administrative hearing request.

Haw. Code R. § 17-1706-12

[Eff 08/01/94] (Auth: HRS § 346-14) (Imp: HRS §§ 231-51 to 231-59)