Section 17-604.1-30 - Disqualification hearing procedures(a) The department may consolidate an individual's fair hearing with a disqualification hearing based on the same or related circumstances provided that the individual receives prior notice, of the consolidation.(b) The department may designate the same hearing officer to preside at a consolidated hearing.(c) The department shall provide a written notice to the individual alleged to have committed the program violation at least thirty days prior to the date of the disqualification hearing. The advance written notice to the individual shall include the following information: (1) The date, time and location of the hearing;(2) The charge(s) against the individual;(3) A summary of the evidence, and how and where the evidence can be examined;(4) A warning that the individual's failure to appear without good cause will result in a decision by the hearing officer based solely on the information provided by the department at the hearing;(5) A statement that the individual may request a postponement of the hearing provided that such request is made to the department at least ten days in advance of the scheduled hearing;(6) A statement that the individual will have ten days from the date of the scheduled hearing to present to the department good cause for failure to appear in order to receive a new hearing;(7) A description of the penalties that can result from a determination that the individual has committed an intentional program violation and a statement of which penalty is applicable to the individual;(8) A statement that the hearing does not preclude the State from prosecuting the individual for an intentional program violation in a civil or criminal court action, or from collecting an overpayment;(9) A listing of individuals or organizations that provide free legal representation to the individuals alleged to have committed intentional program violations;(10) An explanation that the individual may waive the right to appear at an administrative disqualification hearing; and(11) A statement of the accused individual's right to remain silent concerning the charge(s) and that anything said or signed by the individual concerning the charge(s) may be used against the individual in a court of law.(d) The department shall require the hearing officer to postpone the scheduled hearing at the individual's request provided that the request for postponement is made at least ten days in advance of the date of the scheduled disqualification hearing. However, the hearing shall not be postponed for more than a total of thirty days, and the department may limit the number of postponements to one.(e) A hearing shall be conducted by an impartial official of the department who has had no previous involvement in the case.(f) Medical assessments shall be obtained at department expense and made part of the record if the hearing officer considers it necessary.(g) The individual or representative, shall have adequate opportunity to: (1) Examine the contents of the case file and all documents and records to be used by the department at the hearing, at a reasonable time before the date of the hearing and during the hearing;(2) Present the case individually or with the aid of an authorized representative;(4) Establish all pertinent facts and circumstances;(5) Advance any arguments without undue influence; and(6) Question or refute any testimony or evidence, including the opportunity to confront and cross-examine adverse witnesses.(h) Decisions made by the hearing officer shall be based exclusively on evidence and other material introduced at the hearing. The transcript or recording of testimony, exhibits, or official reports introduced at the hearing, together with all papers and requests filed in the proceeding, and the decision of the hearing officer shall be made available to the individual or to his or her representative at a reasonable time and place.(i) Decisions by the hearing officer shall: (1) In the event of an evidentiary hearing, consist of a decision memorandum summarizing the facts and identifying the regulations supporting the decision;(2) In the event of a department de novo hearing, specify the reasons for the decision and identify the supporting evidence and regulations; and(3) Be made within ninety days of the date of the notice.(j) The department may not disqualify an individual until the hearing officer finds that the individual has committed an intentional program violation. This does not mean, however, that the department is precluded from discontinuing, terminating, suspending, or reducing assistance, or changing the manner or form of payment to a protective, vendor, or two-party payment for other reasons.(k) If the hearing officer finds that the individual committed an intentional program violation, the department shall provide adequate written notice to the individual prior to disqualification. The notice shall inform the individual of: (1) The decision and the reason for the decision;(2) The period of disqualification which shall begin no later than the first day of the second month which follows the date of notice; and(3) The amount of payment the unit will receive during the disqualification period.(l) In cases of an individual's disqualification resulting from a prior receipt of assistance, the disqualification shall be effective from the month following the month the administrative disqualification or court decision is rendered.(m) If a hearing officer determines that an individual committed an intentional program violation, the notice of the hearing decision shall inform the individual of the right to- appeal the decision to the department within fifteen days of the date of the notice. Haw. Code R. § 17-604.1-30
[Eff 5/18/96; am 11/22/96; am and comp JUN 24 2013] (Auth: HRS § 346-14) (Imp: 45 C.F.R. §235.110 )