Haw. Code R. § 17-602.1-36

Current through September, 2024
Section 17-602.1-36 - The hearing
(a) The hearing officer shall have the sole authority to conduct the hearing, and shall do so according to department rules.
(b) The hearing shall provide the household adequate opportunity to:
(1) Call witnesses;
(2) Present all evidence to establish all pertinent facts and circumstances in the case without interference;
(3) Confront and cross examine witnesses at the hearing;
(4) Question or refute any testimony or evidence;
(5) Present evidence in rebuttal; and
(6) Advance arguments without interference. The person representing the branch has the same rights afforded the household.
(c) The household shall be allowed to present its case in the way it desires or shall be allowed to have a relative, friend, or legal counsel present the case.
(d) The time, date, and place of the hearing shall be arranged so that the hearing is accessible to the household. At least ten days prior to the hearing, advance written notice shall be provided to all parties involved to permit adequate preparation of the case. The household may request less time for advance notice to expedite the scheduling of the hearing. The notice shall contain:
(1) The name, address, and telephone number of the hearing officer;
(2) The information that the hearing will be dismissed if the household or its representative fails to appear for the hearing without good cause;
(3) The department's hearing procedures; and
(4) The right of the household or its representative to examine the case file prior to the hearing.

Haw. Code R. § 17-602.1-36

[Eff 3/19/93; comp 9/18/06] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §273.14(1) and (p); §273.15(m)(2))