Section 17-2021-12 - Selection of hearing officer(a) A grievance hearing shall be conducted by an impartial person or persons appointed by the authority after consultation with resident organizations, as described below: (1) The authority and resident organizations shall nominate a slate of impartial persons to sit as hearing officers. Such persons may include authority board members, authority staff members, tenants in compliance with the lease agreement, professional arbitrators or mediators, or others. The initial slate of nominees shall consist of not more than twenty persons, of whom at least two shall be from each county.(2) The authority will check with each nominee to determine whether there is an interest in serving as a hearing officer, whether the nominee feels fully capable of impartiality, whether the nominee can serve without compensation, and what limitations on the nominee's time would affect such Service.(3) Nominees who are not interested in serving as hearing officers or whose time is too limited to make Service practical will be withdrawn and other names will be substituted.(b) The slate of potential hearing officers shall be submitted to the resident organizations. Written comments from the organizations shall be considered by the authority.(c) The authority shall appoint the final list of nominees as hearing officers. The final list of hearing officers shall be provided to the resident organizations. The authority shall contact the hearing officers in random order to request their participation as hearing officers.(d) After the hearing officer is selected, said hearing officer shall promptly inform the authority in the event that there may be a conflict of interest issue. The hearing officer shall be disqualified if the conflict raised prevents them from serving impartially.(e) "Conflict of interest" or "conflict" includes the following: (1) The hearing officer is related by blood or marriage to the complainant;(2) The hearing officer has a documented history of personal conflict with the complainant or the authority; or(3) The hearing officer has some personal or financial interest in common with the complainant or the authority.(f) The authority shall review the list of hearing officers annually to determine whether new nominees are required. New nominees shall be selected in accordance with section 17-2021-12(a)(1).Haw. Code R. § 17-2021-12
[Eff 8/5/05; am and comp JUN 14 2012] (Auth: 24 CFR §966.52, § 966.55; HRS § 356D-4) (Imp: 24 CFR §966.55; HRS § 356D-4)