Haw. Code R. § 17-602.1-41

Current through April, 2024
Section 17-602.1-41 - The hearing decision
(a) Decisions of the hearing officer shall comply with federal laws, rules, or policy and shall be based upon the hearing record. The verbatim transcript or recording of testimony and exhibits, or an official reporting containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding, shall be retained for three years from the month of origin and shall constitute the exclusive record for the rendering of a final hearing decision. The record shall also be available, for copying and inspection, to the household or its representative at any reasonable time.
(b) A decision by the hearing authority shall be binding upon the branch and shall summarize the facts of the case, specify the reasons for the decision, and identify the supporting evidence and the pertinent FNS rules or policy. The decision shall become a part of the record.
(c) The household and the branch shall each be notified in writing of:
(1) The decision;
(2) The reasons for the decision;
(3) The available appeal rights;
(4) That the household's benefits shall be issued or terminated as decided by the hearing authority; and
(5) That an appeal request may result in a reversal of the decision.
(d) All department hearing records and decisions shall be available for public inspection and copying, subject to the disclosure safeguards provided in chapter 17-601, and provided identifying names and addresses of household members and other members are kept confidential.

Haw. Code R. § 17-602.1-41

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