Section 17-604.1-16 - Disqualification hearing procedures(a) Once the investigations office decides to initiate a disqualification hearing, the hearing office shall be notified.(b) At the disqualification hearing, the hearing official shall advise the household member or representative that they may refuse to answer questions during the hearing.(c) Within ninety days of the date the household member is notified in writing that the hearing has been scheduled, the hearing office shall conduct the hearing, arrive at a decision, and notify the household member and the branch of the decision. The household member or its representative shall be entitled to a postponement of the scheduled hearing, provided that the request for postponement is made at least ten days in advance of the date of the scheduled hearing. However, the hearing shall not be postponed for more than a total of thirty days and the number of postponements shall be limited to one. if the hearing is postponed, the time limits shall be extended for as many days as the hearing is postponed.(d) The department shall make written procedures for disqualification hearings available to any interested party.(e) The hearing officer shall schedule a hearing and shall provide a written notice to the household member suspected of intentional program violation at least thirty days in advance of the scheduled hearing. If mailed, the notice shall be sent either first class mail or certified mail-return receipt requested. The notice may also be provided by any other reliable method. If the notice is sent using first class mail and is returned as undeliverable, the hearing may still be held. If no proof of receipt is obtained and a timely showing of non-receipt, as defined in section 17-604.1-17(e), is received from the individual, the department shall consider the following circumstances as good cause for not appearing at the hearing: (1) The individual's current address was known by the department but the department incorrectly sent the notice to an old address;(2) There is a breakdown in postal service, such as but not limited to the postmark date of the notice is after the hearing date; or(3) There is a sudden or unexpected emergency due to an unforseen circumstance that makes contact with the individual difficult, such as but not limited to a natural disaster or the individual is incapacitated for an extended period.(f) The notice shall contain the following information: (1) The date, time, and place of the hearing;(2) The charge against the individual;(3) A summary of the evidence, and how and where the evidence may be examined;(4) A warning that the decision shall be based solely upon information provided by the branch if the individual fails to appear at the hearing;(5) A statement that the household member or representative shall have ten days from the date of the scheduled hearing to present good cause for failure to appear in order to receive a new hearing;(6) A warning that a determination of an intentional program violation will result in disqualification periods as determined by section 17-604.1-9, and a statement of which penalty the department believes is applicable to the case scheduled for a hearing;(7) A listing of the individual's rights as contained in section 17-502.1-40;(8) A statement that the hearing shall not preclude the state or federal government from prosecuting the household member for intentional program violation in a civil or criminal court action, or from collecting the overissuance; and(9) A statement advising the household member of the availability of an individual or organization that provides free legal representation, if available.(g) A copy of the hearing procedures shall be attached to the advance notice.(h) The disqualification hearing shall be conducted by an impartial hearing officer.(i) The hearing shall be attended by a representative of the branch which initiated the action, the state investigator, if involved in the case, and the household or its representative or both. The hearing may also be attended by friends or relatives of the household, and the public, upon household consent. The hearing officer shall have the right to limit attendance if space limitations exist.(j) The household may not be familiar with the rules of order and it may be necessary to make particular efforts to arrive at the facts of the case in a way that makes the household feel most at ease. The household or its representative shall be given adequate opportunity to examine documents as specified in chapter 17-602.1.(k) Decisions of the hearing officer shall comply with federal and state law, rules, or policy and the decision shall be factually based upon the hearing record. The verbatim transcript, or recording of testimony and exhibits, or an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding shall constitute the exclusive record for a final decision by the hearing officer. The record shall be retained for three years. The record shall be available to the household or its representative at a reasonable time for inspection or copying. Reproduced copies of the record shall be provided upon request at a cost related to the cost of reproduction. Haw. Code R. § 17-604.1-16
[Eff 3/19/93; am 4/01/96; am and comp JUN 24 2013] (Auth: HRS § 346-140 (Imp: 7 C.F.R. §273.16(e)(2) and (3) )