Haw. Code R. § 17-602.1-30

Current through April, 2024
Section 17-602.1-30 - Assistance with hearing processing
(a) When the household requests material to determine whether a hearing should be requested, the household's request may be in writing or may be oral.
(b) Upon oral or written request for a hearing, the branch shall make available without charge, the specific materials necessary for a household or its representative to prepare for a hearing.
(1) When a nonhousehold member who is not the household's legal or authorized representative requests relevant material on behalf of the household to assist the household in preparing for a hearing, the branch shall contact the household to verify whether the household has asked the person to make this request if there is no signed consent by the household.
(2) The branch or any other designated department representative shall determine which contents of the case file materials are relevant to the hearing and the relevant materials shall be copied and supplied to the household or its representative.
(3) Relevant case file materials include the application form and documents of verification used by the branch in determining eligibility.
(4) Confidential information which is protected from release shall not be copied or supplied to the household or its representative. Confidential information includes, but is not limited to:
(A) The names of individuals who have disclosed information about the household without its knowledge; and
(B) The nature or status of pending criminal prosecutions.
(c) If the individual requesting a hearing speaks a language other than English and the branch is required to provide bilingual staff or interpreters, the branch shall ensure that the hearing procedures are verbally explained in the language of the individual making the request. Upon request, the branch shall assist the household in preparing its case. The household may ask questions and may seek help from branch staff or the hearing officer at any time during the hearing. The branch shall also advise households of any free legal services available that may provide representation at the hearing.
(d) The department shall make the hearing rules available to any interested party.

Haw. Code R. § 17-602.1-30

[Eff 3/19/93; am and comp 9/18/06] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §§273.15(i), 273.15(p) )