Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 2 - FINANCIAL ASSISTANCE AND SUPPORT SERVICES PROVISIONS › Section 17-602.1-2 - Definitions

Current through June, 2024
As used in this subchapter:
"Adverse action" means denial of or failure to act with
					 reasonable promptness on a claim for public assistance, or the suspension,
					 reduction, termination, or withholding of public assistance, or a change to
					 protective or vendor payments as specified in chapter 17-680.
"Aid paid pending a hearing decision" means the
					 continuation or reinstatement of public assistance paid to recipients between
					 the date of timely request for a hearing and the date the hearing decision is
					 made.
"Authorized representative" means an individual who has
					 been authorized in a written statement by the claimant to act for and represent
					 the claimant in any and all aspects of a hearing.
"Claimant" means an applicant or recipient who has
					 requested a hearing in writing due to dissatisfaction with DHS-BESSD's action
					 or inaction. A claimant with a court appointed guardian of the person shall be
					 considered to be represented by the guardian. The guardian shall have all
					 rights and duties of the incapacitated claimant.
"DHS-BESSD" means department of human services, benefit,
					 employment and support services division.
"Date of hearing request" means the date of DHS' receipt
					 of a signed written request for a hearing by the claimant or authorized
					 representative which meets all the criteria of a request for hearing as defined
					 in this section. When there is no prior written request by the claimant, and no
					 written authorization naming an authorized representative, the date of hearing
					 request shall be the date the authorization is received.
"Hearing" means an administrative proceeding which affords
					 an aggrieved person an opportunity to present an appeal before an impartial
					 departmental representative for formal decision.
"Hearing officer" means an impartial person assigned by
					 the department to conduct hearings and to render a final decision. The hearing
					 officer shall not have been directly involved in the initial determination of
					 the action in question.
"Informal review" means a review conducted by the branch
					 welfare office at the written or oral request of a dissatisfied individual. An
					 informal review is not the same as the administrative hearing procedure
					 provided the individual after a written request for a hearing is
					 received.
"Request for hearing" means a clear written expression,
					 documenting the appeal, by the claimant or authorized representative that the
					 claimant wants a hearing because the claimant is dissatisfied with a DHS-BESSD
					 action of denying, reducing, discontinuing, terminating, suspending,
					 withholding assistance, changing the method of payment to protective or vendor
					 payments, not acting on a claim for assistance with reasonable promptness, or
					 determining an overpayment amount.
"Support service" means child care, transportation and
					 work expenses.