Section 17-2030-22 - Hearing(a) The hearing shall be conducted in an informal manner.(b) Oral and documentary evidence may be received without regard to admissibility under the rules of evidence.(c) The participant or person who has received a notice of cause shall be afforded a full and fair hearing that provides the basic safeguards of due process which shall include but not be limited to: (1) The opportunity to examine all documents, records and rules that are relevant to the notice of cause;(2) The right to be represented by counsel at participant's own expense;(3) The right to present evidence and to cross examine all witnesses;(4) The right to a decision based solely upon the facts presented at the hearing;(5) The right to be heard before a person other than the person, or subordinate of that person, who made or approved the decision; and(6) The right to receive written notice of the final decision within ten calendar days of the date of hearing.(d) The facility Operator shall appoint either a hearings officer or a hearings panel that shall consist of not less than three persons and shall be selected according to the criteria in section 17-2030-5. Haw. Code R. § 17-2030-22
[Eff NOV 15 2004] (Auth: HRS §§ 92-6, 92-16) (Imp: HRS §§ 201G-53, 201G-452)