Section 17-2029-24 - Procedures governing the informal hearing(a) The hearing shall be conducted informally by the executive director or a hearings officer designated by the executive director. Oral or documentary evidence pertinent to the facts or issues raised by the petitioner in the request for hearing may be received without regard to the admissibility under the rules of evidence applicable to judicial proceedings. The executive director shall require the corporation, the provider agency, the petitioner, counsel, and other participants or spectators to conduct themselves in an orderly fashion. Failure to comply with the directions of the executive director to obtain order may result in exclusion from the proceedings or in a decision adverse to the interests of the disorderly party and granting or denying the relief sought, as appropriate.(b) The petitioner shall be afforded a fair hearing and provided the basic safeguards of due process which include: (1) The opportunity to examine and copy, before the informal hearing and at the petitioner's own expense, documents, records, and rules of the provider agency or the corporation that will be presented at the informal hearing that are relevant to the hearing. Any document not made available in response to written request by the petitioner may not be relied on by the provider agency or the Corporation at the informal hearing;(2) The right to be represented by counsel at the petitioner's own expense;(3) The right to present evidence and arguments in support of the request for reconsideration, to controvert evidence relied upon by the provider agency or the corporation, and to confront and cross-examine all witnesses on whose testimony or Information the provider agency or the corporation relies; and(4) A decision based solely and exclusively upon the facts presented at the informal hearing.(c) The petitioner must first show entitlement to the relief sought, and thereafter, the provider agency shall sustain the burden of justifying the hearing decision against which the petition for hearing is directed.(d) The petitioner, the provider agency, or the corporation may arrange, in advance and at the expense of the party making the arrangement, for a transcript of the hearing. Any interested party may purchase a copy of the transcript. Haw. Code R. § 17-2029-24
[Eff NOV 15 2004 ] (Auth: HRS § 201G-452(b)) (Imp: HRS § 201G-452, chapter 91)