Haw. Code R. § 17-2029-23

Current through April, 2024
Section 17-2029-23 - Scheduling of hearing

Upon receipt of a request for an informal hearing, the executive director shall schedule a hearing within thirty business days at a time and place reasonably convenient to the petitioner and the respondent. A written notification specifying the time, place, and procedures governing the informal hearing shall be served at least five calendar days in advance of hearing date, unless waived by each party, and in the following manner:

(1) By personal Service by a person authorized by the facility Operator:
(A) Upon a person other than a dependent or an incompetent person in the following manner:
(i) By delivering the notice personally or, in the case the party cannot be found, by leaving copies at the party's dwelling unit or usual place of abode with some person of suitable age and discretion then residing therein; or
(ii) By delivering the notice to an agent authorized by appointment or by law to receive Service;
(B) Upon a dependent, by delivering the notice personally to the guardian of the dependent's property, or if there is no guardian or if Service cannot be made upon the guardian, then as provided by order of the hearings officer; and also to the dependent if the dependent is older than fifteen years of age;
(C) Upon an incompetent person, by delivering the notice personally to the guardian of the person's property or if Service cannot be made upon the guardian, then as provided by order of the hearings officer; and also to the incompetent person, unless the hearings officer otherwise Orders;
(2) By mailing the notice to any party at the party's last known address by certified or registered mail, return receipt requested; or
(3) If any person cannot be served with process, and the facts shall appear by affidavit or otherwise to the satisfaction of the hearings officer, Service as to the person pursuant to order of the hearings officer shall include leaving a copy of the notice affixed in a conspicuous place upon the party's dwelling unit.

Haw. Code R. § 17-2029-23

[Eff NOV 15 2004 ] (Auth: HRS § 201G-452(b)) (Imp: HRS § 201G-452, chapter 91)