Section 17-602.1-33 - Denial or dismissal of hearing requests The branch shall not deny or dismiss a request for a hearing unless:
(1) The request is not received in the time period specified in section 17-602.1-26;(2) The request is withdrawn in writing by the household or its representative. When the household or its representative has withdrawn the hearing request, the branch shall forward the request to the hearing officer immediately. A copy of the withdrawal request shall be put in the case record. If the household directs the withdrawal to the department, the hearing officer shall notify the branch immediately;(3) The household or its representative fails, without good cause, to appear at the scheduled hearing; or(4) The household or its representative orally withdraws the request. The branch may discuss this option with the household when it appears that the branch and household have resolved issues related to the hearing. The branch is prohibited from coercion or actions which would influence the household or its representative to withdraw the household's hearing request. The branch shall provide a written notice to the household within ten days of the household's request confirming the withdrawal request and providing the household with an opportunity to request a hearing. The written notice shall advise the household it has ten days from the date it receives the notice to advise the branch of its desire to request, or reinstate, the hearing. If the household timely advises the branch that it wishes to reinstate the hearing, the department must provide the household with a hearing, within the time frames specified in section 17-602.1-27 and beginning the date the household advises the branch that it wishes to reinstate its request. The branch must reinstate a hearing as requested from a household at least once. The branch must not deny a household's request for a hearing if the household is aggrieved by a branch action that differs from the reinstated action.Haw. Code R. § 17-602.1-33
[Eff 3/19/93, am and comp 9/18/06] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §273.15(j) )