reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1 - GENERAL PROVISIONS › Section 17-1-3 - Applicability

Current through June, 2024
(a) Chapters
				17-1 to
				17-89 shall govern only the programs and procedures of the department's
				vocational rehabilitation and services for the blind division, family and adult
				services division, med-QUEST division, and self sufficiency and support
				services division.
(b) Chapters
				17-1 to
				17-89 shall not apply to the state commission on the status of women, the
				office of youth services, and the Hawaii housing authority. These agencies
				shall adopt such rules governing their programs, practices and procedures as
				may be necessary.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1 - GENERAL PROVISIONS › Section 17-1-5 - Director's authority

Current through June, 2024
The director may delegate authority or functions to any
				  subordinate officer or employee of the department. Where authority is delegated
				  by the director, the director retains authority to make exceptions to and
				  approve or to overrule any decision or action taken by the
				  delegate.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 2 - GENERAL PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 17-2-1 - Statement of purpose

Current through June, 2024
This chapter shall govern all proceedings brought before the
				  department which are intended to obtain:
(1) A declaration of the applicability of any
				rule or order of the department or of any statute the department is required to
				administer or enforce with respect to a factual situation;
(2) The adoption, modification, or repeal of
				any department rule; and
(3) Relief
				in a contested case.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 2 - GENERAL PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 17-2-2 - Definitions

Current through June, 2024
As used in this chapter:
"Hearing officer" means a person, not interested in the
				  outcome of the matter, who has been authorized by the director to conduct
				  hearings and render decisions on the director's behalf in any case or
				  controversy within the department's jurisdiction.
"Party" means:
(1) The department, if it participates in a
				  proceeding;
(2) Each person named in a proceeding; and
(3) Any interested or aggrieved person permitted or entitled
				  to participate in a proceeding before the department in a capacity other than
				  as a witness.
"Person" means an individual, partnership, corporation,
				  association, or organization of any character, except for the
				  department.
"Relief" means one or more of the following:
(1) The resolution of any contested matter within the
				  department's jurisdiction in favor of a petitioning party;
(2) The department's declaration as to whether a rule or
				  order of the department or a statute which the department is required to
				  administer or enforce, applies to a factual situation; or
(3) The adoption, modification, or repeal of any rule by the
				  department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 2 - GENERAL PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 17-2-4 - Commencement of proceedings in request for hearing

Current through June, 2024
A proceeding shall commence by the filing of a request for
				  hearing with the department either in person or by mail. The request shall be
				  made in writing, dated and signed by the petitioner or an authorized
				  representative, and shall contain a short and plain statement of the relief
				  requested and the reasons therefore. When a request is filed, the department
				  shall record its receipt and assign it a docket number.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 2 - GENERAL PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 17-2-5 - Individual representing party

Current through June, 2024
When a person appears in a proceeding or signs a document
				  submitted to the department or hearing officer that indicates that the person
				  is a party's representative, the representative may be required by the
				  department or hearing officer to furnish proof of authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 2 - GENERAL PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 17-2-6 - Substitution of parties, intervention, and consolidation

Current through June, 2024
Where it will further justice and not prejudice any party,
				  the hearing officer may:
(1) Order
				substitution of parties, except where a party dies or becomes legally
				incapacitated;
(2) Permit
				intervention of a party if the party has a substantial interest in the outcome
				of the proceeding which is not protected by the other parties' interests;
				and
(3) Consolidate two or more
				proceedings which involve substantially the same issues, or arise out of the
				same general transaction.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 2 - GENERAL PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 17-2-7 - Format and certification of pleadings

Current through June, 2024
(a) All documents
				submitted to the director or hearing officer shall be legibly written or
				typed.
(b) The first page of every
				pleading shall set forth the name, address, and phone number of the party, and
				the party's attorney, if any, the title of the particular pleading, and the
				docket number and name of the proceeding.
(c) All pleadings shall be signed in ink by
				the filing party or the party's authorized representative. This signature shall
				constitute certification that the person signing has read the pleading and that
				to the best of the person's knowledge, the pleading is true or has good grounds
				to support it and is not interposed for the purpose of harassment or
				delay.
(d) Unless otherwise
				provided, all documents shall be filed with the department, except that when a
				petition has been assigned to a hearing officer, all documents shall be filed
				with the hearing office.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 2 - GENERAL PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 17-2-8 - Departmental action

Current through June, 2024
(a) Upon the filing
				of the request, the department shall determine whether or not to
				proceed.
(b) If the department
				decides to proceed, it shall set the matter for further proceedings before a
				hearing officer, pursuant to the appropriate rules contained in this title, and
				issue the party a notice which shall include:
(1) The date, time, place, and nature of
				hearing;
(2) The legal authority
				under which the hearing is to be held;
(3) The particular sections of the statutes
				and rules involved;
(4) An explicit
				statement in plain language of the issues involved and the facts alleged by the
				department in support thereof; provided that if the department is unable to
				state such issues and facts in detail at the time the notice is served, the
				initial notice may be limited to a statement of the known issues and thereafter
				upon application a bill of particulars shall be furnished;
(5) A statement that a party may retain
				counsel, or may appear on the individual's own behalf, or a member of a
				partnership may represent the partnership, or an officer or authorized employee
				of a corporation, trust, or association may represent the corporation, trust,
				or association.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 2 - GENERAL PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 17-2-9 - Notice of department determination not to proceed

Current through June, 2024
The department shall provide the party with a written notice
				  of any determination not to proceed. This notice shall also tell the petitioner
				  the reasons for the department's decision not to proceed.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 2 - GENERAL PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 17-2-10 - Extensions of time

Current through June, 2024
Where a party is required or permitted to act within a
				  specified period the director or hearing officer may:
(1) Approve a stipulation between parties
				extending the period;
(2) Upon
				motion for good cause shown before expiration extend the period; or
(3) Upon motion for good cause shown permit
				action after the expiration of the specified period.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 2 - GENERAL PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 17-2-11 - Motions

Current through June, 2024
(a) An application for an order shall be made
				by written motion, except during a hearing, and shall state the grounds for the
				application and the relief or order sought.
(b) Motions referring to facts not of record
				shall be supported by affidavits and if involving a question of law, by a
				memorandum in support.
(c) Except
				for a motion entitled to be heard ex parte, all motions shall be accompanied by
				a notice of hearing. Unless otherwise directed by the director or hearing
				officer, the motion and notice shall be served upon all parties not less than
				seventy-two hours before the hearing. The. opposing parties shall serve any
				counter-affidavits and memorandums in opposition not less than twenty-four
				hours before the hearing.
(d)
				Motions shall be filed with the department except that after a petition has
				been transferred to the hearing officer, all motions shall be filed with and
				decided by the hearing officer.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 2 - GENERAL PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 17-2-12 - Powers of the director or hearing officer in conducting hearings

Current through June, 2024
The director or hearing officer in conducting a hearing
				  may:
(1) Issue notices and
				subpoenas;
(2) Administer oaths and
				affirmations;
(3) Examine
				witnesses;
(4) Rule upon offers of
				proof, receive relevant evidence, and exclude irrelevant evidence or restrict
				questioning or testimony;
(5)
				Regulate the manner of any examination to prevent harassment, intimidation, or
				unnecessary embarrassment of any witness or party;
(6) Remove disruptive individuals;
(7) Hold conferences;
(8) Rule on motions and dispose of procedural
				requests on similar matters;
(9)
				Certify a question to the department for the department's
				consideration;
(10) Submit in
				writing a report or recommended decision together with the findings of facts
				and conclusions of law and a recommended order to the department for
				consideration;
(11) Render a final
				decision when authorized by the director or by rule; and
(12) Dispose of any matter that normally
				arises in the course of the proceedings and take any action authorized by this
				chapter, chapter
				91, HRS, or any other related laws
				administered by the department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 2 - GENERAL PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 17-2-13 - Subpoenas

Current through June, 2024
(a) Upon timely written request, the director
				or hearing officer may issue subpoenas requiring attendance of witnesses or
				production of documents at a hearing. The director or hearing officer may
				require that a request to issue a subpoena specify the person to be subpoenaed
				or the documents desired. Witnesses summoned shall receive the same fees and
				mileage reimbursement as witnesses in state courts, to be paid by the
				department.
(b) Upon timely motion,
				the director or hearing officer may:
(1)
				Quash or modify the subpoena if it is unreasonable and oppressive; or
(2) Condition denial of the motion upon the
				requesting party's payment of the costs of producing the subpoenaed
				documents.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 2 - GENERAL PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 17-2-14 - Disqualification of director or hearing officer

Current through June, 2024
(a) No matter shall
				be heard by a director or hearing officer who:
(1) Has any pecuniary interest in the
				matter;
(2) Is related within the
				third degree by blood or marriage to any party;
(3) Has participated in any pre-proceeding
				investigation of the matter;
(4)
				Has participated in developing evidence to be introduced at the
				proceeding;
(5) Has participated in
				making the decision; or
(6) Has
				participated in taking the action challenged in the proceeding.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 2 - GENERAL PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 17-2-15 - Ex parte communications

Current through June, 2024
(a) In any
				proceeding before the department, no party or representative shall communicate
				with the hearing officer concerning the merits of the case.
(b) It shall be improper for any person
				interested in a proceeding to seek to influence the judgment of any member of
				the department or hearing officer designated to hear and decide a
				matter.
(c) It shall be improper
				for a member of the department to:
(1)
				Disclose or reveal to any other member of the department or hearing officer
				designated to hear and decide a matter, the contents of any investigatory
				report prepared by the department concerning the matter the department member
				or hearing officer is designated to hear and decide; or
(2) Furnish the report or a copy thereof to
				any member of the department or hearing officer designated to hear and decide
				the matter, except where authorized by law.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 2 - GENERAL PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 17-2-16 - Rights of the parties

Current through June, 2024
The parties or their authorized representative shall have an
				  opportunity to:
(1) Examine the case
				record as well as all documents and records to be used at the hearing at a
				reasonable time before the date of the hearing as well as during the
				hearing;
(2) Present the case
				independently or with the aid of others, including legal counsel;
(3) Bring witnesses, including an interpreter
				if a party or witness is non-English speaking;
(4) Establish all pertinent facts and
				circumstances;
(5) Advance any
				arguments appropriate to the issue being heard without undue interference;
				and
(6) Question or refute any
				testimony or evidence, and confront and cross examine any witness.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 2 - GENERAL PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 17-2-17 - Decision

Current through June, 2024
(a) All matters relating to the hearing shall
				be heard and disposed of within one hundred twenty calendar days from the date
				of request for a hearing, except when the hearing is continued or the record is
				held open. The time limit shall be extended only for the period of the
				continuance.
(b) Unless the record
				is held open for additional documentary evidence, after closing the hearing the
				hearing officer shall prepare the decision in writing. The decision shall
				contain a statement concerning the party's right to judicial review, the
				reasons for the decision, the evidence, and the rules supporting the decision.
				A copy of the written decision shall be provided the party or the party's
				authorized representative. Unless authorized to render a final decision, the
				hearing officer shall prepare a proposed decision for the director. In those
				cases, no decision shall be final until signed by the director.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 3 - RULE RELIEF PROCEDURES › Section 17-3-1 - Definitions

Current through June, 2024
As used in this chapter:
"Person" means individuals, partnerships, corporations,
				  associations, or organizations of any character, except for the
				  department.
"Program" means a combination of resources and activities
				  designed to achieve an objective or objectives of the department's vocational
				  rehabilitation and services for the blind division, the family and adult
				  services division, the med-QUEST division, and the self sufficiency and support
				  services division.
"Relief" means the adoption, modification, or repeal of any
				  rule by the department.
"Rule" shall have the same meaning as that specified by
				  section
				  91-1,
				  HRS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 3 - RULE RELIEF PROCEDURES › Section 17-3-2 - Request for rule relief

Current through June, 2024
The department or any interested person may petition in
				  writing for the amendment, adoption, or repeal of a rule. When a petition is
				  filed, the department shall record the date it was received and assign it an
				  incoming correspondence number.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 3 - RULE RELIEF PROCEDURES › Section 17-3-3 - Contents of petition for rule relief

Current through June, 2024
(a) The petition
				for rule relief shall set forth the text of the:
(1) Rule to be repealed; and
(2) Proposed rule sought to be adopted;
				or
(3) Existing rule sought to be
				amended together with the proposed amendment.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 3 - RULE RELIEF PROCEDURES › Section 17-3-4 - Departmental action

Current through June, 2024
(a) Upon the filing
				of a request or petition, the department shall determine whether or not to
				proceed with the rule relief.
(b)
				Within thirty days of the date of filing, the department shall notify a
				requestor or petitioner of a determination whether to proceed.
(c) If the department decides not to proceed,
				reasons for the determination shall be stated in the response.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 3 - RULE RELIEF PROCEDURES › Section 17-3-7 - Additional facts and supplemental memoranda

Current through June, 2024
The department may require a requestor or petitioner to
				  submit a statement of memorandum of additional facts clarifying a specific
				  factual issue which will aid the department in its consideration of what action
				  to take on a request or petition.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 4 - DECLARATORY RULINGS › Section 17-4-1 - Definitions

Current through June, 2024
As used in this chapter:
"Department" means the department of human services.
"Director" means the director or deputy directors of the
				  department of human services.
"Party" means:
(1) The department, if it participates in a
				  proceeding;
(2) Each person named in a proceeding; and
(3) Any interested or aggrieved person permitted or entitled
				  to participate in a proceeding before the department in the capacity other than
				  as a witness.
"Person" means individuals, partnerships, corporations,
				  associations, or organizations of any character, except for the
				  department.
"Relief" means the department's declaration as to whether a
				  rule or order of the department, or a statute which the department is required
				  to administer or enforce, applies to a factual situation.
"Respondent" means any party who contests a
				  proceeding.
"Rule" shall have the same meaning as specified in section
				  91-1,
				  HRS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 4 - DECLARATORY RULINGS › Section 17-4-2 - Contents of petition for declaratory relief

Current through June, 2024
Any person or agency may petition for declaratory relief by
				  the department in accordance with section
				  91-8,
				  HRS. A petitioner shall file a memorandum of authorities supporting its
				  petition, discussing thoroughly the factors and legal authorities supporting
				  the petitioner's position.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 4 - DECLARATORY RULINGS › Section 17-4-3 - Disposition of petition

Current through June, 2024
(a) The department
				may decline to consider any petition for declaratory relief, including, but not
				limited to, where:
(1) The petition is not
				supported by a memorandum of authorities;
(2) The petition is frivolous;
(3) The department has no jurisdiction over
				the matter discussed in the petition;
(4) The petition is based on hypothetical or
				speculative facts; or
(5) A
				controversy of material fact exists which needs to be resolved before any
				declaratory relief may be granted.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 4 - DECLARATORY RULINGS › Section 17-4-5 - Service of petition

Current through June, 2024
(a) Where the
				department decides not to dismiss the petition, it shall:
(1) Serve each respondent; or
(2) Require the petitioner to serve each
				respondent with a copy of the petition and the memorandum in support of the
				petition and file a certificate of service with the department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 4 - DECLARATORY RULINGS › Section 17-4-6 - Memorandum in opposition

Current through June, 2024
Within fifteen days of receiving a copy of the petition,
				  each respondent may file and serve upon the petitioner a memorandum in
				  opposition to the petition, stating the respondent's position and factors
				  supporting that position, including legal authorities.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 4 - DECLARATORY RULINGS › Section 17-4-7 - Intervention and intervenor's memorandum of authorities

Current through June, 2024
Where, subject to section
				  17-2-11 an interested person
				  requests intervention in a proceeding for declaratory relief, the intervenor
				  may file and serve upon the petitioner a memorandum of authorities, stating the
				  intervener's position and factors supporting that position, including legal
				  authorities.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 4 - DECLARATORY RULINGS › Section 17-4-8 - Request for additional facts or supplemental memorandum

Current through June, 2024
The director or hearings officer may request a party to
				  clarify a factual issue by submitting a statement or memorandum of additional
				  facts. The request shall not unduly delay the proceedings or unreasonably
				  prejudice any party.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 4 - DECLARATORY RULINGS › Section 17-4-9 - Argument

Current through June, 2024
A hearings officer shall hear all arguments. Parties shall
				  have a full opportunity to argue on all issues involved. The argument shall be
				  at the time and place stated in the notice of argument, but may be continued to
				  a later day or adjourned to a different place without notice other than an
				  announcement at the hearing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 4 - DECLARATORY RULINGS › Section 17-4-10 - Material issue of fact, public interest

Current through June, 2024
If a genuine controversy of material fact exists which must
				  be resolved before an order for declaratory relief may be issued or the
				  petition raises issues that a proceeding for rule relief would more fairly and
				  effectively address, the director or the hearings officer may:
(1) Dismiss the petition for declaratory
				relief and allow its refiling as a petition for hearing or rule relief;
				or
(2) Convert the proceeding to a
				contested case or petition for rule relief and proceed under the requirements
				for these types of relief. If the proceeding is converted the issues may be
				restricted to those material facts of issue.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 4 - DECLARATORY RULINGS › Section 17-4-11 - Proposed findings of fact and conclusion of law

Current through June, 2024
Parties may file and serve upon all parties to the
				  proceeding proposed findings of fact and conclusions of law, together with
				  reasons for the proposals. This shall take place within fifteen days of the
				  hearing and whenever possible, shall specifically refer to the record and
				  authorities relied upon.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 15 - GOVERNMENT AND PERSONAL RECORDS › Section 17-15-1 - Definitions

Current through June, 2024
As used in this chapter:
"Individual" shall be as defined in section
				  92F-3,
				  HRS.
"Personal record" shall be as defined in section
				  92F-3,
				  HRS.
"Government record" shall be as defined in section
				  92F-3,
				  HRS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 15 - GOVERNMENT AND PERSONAL RECORDS › Section 17-15-3 - Government records

Current through June, 2024
(a) Government
				records shall be available for inspection in accordance with section
				92F-11,
				HRS and this chapter.
(b) Requests
				to inspect or obtain copies of government records shall be made in writing to
				the department. The request shall identify or describe the government record
				and state the purpose for which the request is made.
(c) When denying a request for inspection of
				government records, the department shall state its reason for refusal and
				procedures for review of the refusal.
(d) A reasonable fee, determined in
				accordance with section
				92-21,
				HRS, shall be charged for copies of government records furnished.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 15 - GOVERNMENT AND PERSONAL RECORDS › Section 17-15-4 - Access of individual to own personal record

Current through June, 2024
(a) An
				individual's request for access to the individual's personal record may be made
				either verbally or in writing to the department. Unless exempted by section
				92F-22,
				HRS, other applicable law, or this chapter, the personal record shall be made
				available for review during the normal business hours of the department. The
				individual shall provide adequate identification prior to this
				review.
(b) The department shall
				furnish a copy of the personal record when requested by the individual. Charges
				shall be determined in accordance with section
				92-21,
				HRS.
(c) The agent of an
				individual, when so designated and authorized in writing by the individual,
				shall have access to the personal record of the individual as provided in this
				section.
(d) When denying the
				request for access to an individual's personal record, the department shall
				inform the individual in writing of its refusal, the reason for the refusal,
				and procedures for review of the refusal.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 15 - GOVERNMENT AND PERSONAL RECORDS › Section 17-15-5 - Correction or amendment of a personal record

Current through June, 2024
To correct or amend a personal record in accordance with
				  section
				  92F-24,
				  HRS, the individual shall submit a written request to the department that
				  contains the following information:
(1) Name and address of the
				individual;
(2) Title of the
				personal record;
(3) Information to
				be corrected or amended; and
(4)
				Supporting evidence or information.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 15 - GOVERNMENT AND PERSONAL RECORDS › Section 17-15-6 - Review procedures

Current through June, 2024
An individual shall submit a written request to the director
				  for a review of the department's refusal to allow access to, or correction or
				  amendment of a personal record. It may contain any additional pertinent
				  information or evidence."
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 400.1 - VOCATIONAL REHABILITATION ADMINISTRATION › Section 17-400.1-1 - Objectives

Current through June, 2024
The objectives of the rules of the vocational rehabilitation
				  and services for the blind division are to implement the requirements of
				  chapters
				  347 and 348, Hawaii Revised Statutes,
				  chapter 6A, 20 United States Code, and chapter 16,
				  29
				  United States Code, for administering services for the blind and visually
				  impaired including the vending facilities for the blind program, and a
				  statewide, comprehensive, coordinated, effective, efficient, and accountable
				  program of vocational rehabilitation (VR) services, which is an integral part
				  of a statewide workforce investment system and is designed to assess, plan,
				  develop and provide VR services for individuals with disabilities, consistent
				  with their strengths, resources, priorities, concerns, abilities, capabilities,
				  interests and informed choice, so that they may prepare for and engage in
				  gainful employment.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 400.1 - VOCATIONAL REHABILITATION ADMINISTRATION › Section 17-400.1-2 - Sole state agency

Current through June, 2024
The department of human services, hereafter referred to as
				  the department, shall be the sole state agency to administer the VR services
				  program. The vocational rehabilitation and services for the blind division,
				  hereafter referred to as the division, is the designated state unit of the
				  department to administer the VR services program in the State, including
				  services for individuals who are blind and visually impaired, and disability
				  determination under the Social Security Act.
All decisions affecting the eligibility and priority for
				  services of eligible individuals, the determination of VR needs, and the nature
				  and scope of VR services to be provided, shall be made by the division. This
				  responsibility shall not be delegated to any other agency or individual.
The administrator of the division, hereafter referred to as
				  division administrator, shall have the authority and responsibility to
				  establish policies on eligibility requirement, determination of VR needs, and
				  on the standards governing the quality and quantity of services to be provided.
				  These policies shall be administered uniformly and expeditiously to assure
				  prompt handling of referrals and applications in the provision of services to
				  eligible individuals statewide.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 400.1 - VOCATIONAL REHABILITATION ADMINISTRATION › Section 17-400.1-4 - Nondiscrimination

Current through June, 2024
(a) Services shall be administered without
				regard to age, gender, race, color, national origin, religion or political
				beliefs.
(b) No qualified person
				with a disability shall be denied the benefits of, be excluded from
				participating in, or otherwise be subjected to discrimination solely on the
				basis of the person's disability, under the division's programs.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 400.1 - VOCATIONAL REHABILITATION ADMINISTRATION › Section 17-400.1-5 - Right to due process

Current through June, 2024
(a) Any applicant
				or eligible individual or, as appropriate, individual's representative, who is
				dissatisfied with any decision or action taken by personnel of the division
				that affects the provision of VR services or general services for the blind,
				may request, or, if appropriate, may request through the individual's
				representative, for a timely review of that determination, in accordance with
				this section.
(1) The request for review from
				an applicant or eligible individual or, as appropriate, individual's
				representative must be made within 90 days of the decision or action taken by
				the division. If the 90th day falls on a weekend or
				holiday, the 90th day shall be the working day
				following the weekend or holiday.
(2) The date of request is the date the
				division receives a signed request for review from the applicant or eligible
				individual or, as appropriate, individual's representative.
(3) The request must be made to the division
				administrator, in writing.
(A) The division
				shall assist the applicant or eligible individual in documenting the request by
				use of the division's preprinted form letter.
(B) Other written requests for review,
				containing the required information specified in paragraph (4) by an applicant
				or eligible individual or, as appropriate, individual's representative, shall
				be sufficient to initiate the review process.
(4) The request for review shall contain the
				nature of the complaint, the agency staff involved, the alleged action or
				decision in question, a statement, if applicable, that the applicant or
				eligible individual or, as appropriate, individual's representative wants to
				pursue mediation prior to a formal due process hearing, and the signature of
				the applicant or eligible individual or, as appropriate, individual's
				representative.
(5) The request for
				review shall be acknowledged by the division administrator within two weeks of
				its receipt by the division.
(6) A
				copy of the request for review shall be filed in the division's record of
				services for the individual.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 400.1 - VOCATIONAL REHABILITATION ADMINISTRATION › Section 17-400.1-8 - Maintenance of case records

Current through June, 2024
(a) The division
				shall maintain a record of services (case file, case record) for each applicant
				and eligible individual. Information in the record of services shall be limited
				to purposes necessary for the administration of the programs of the division,
				and in accordance with section 17-401.1-34.
(b) All information contained in the
				division's record of services for applicants and eligible individuals is
				confidential and may be released only for purposes necessary for the proper
				administration of the vocational rehabilitation services and the services for
				the blind programs, or with the written informed consent of the applicant or
				eligible individual or, as appropriate, individual's representative, and in
				accordance with section 17-401.1-35 and other applicable Federal and State
				laws.
(c) All medical or
				psychological records in the possession of any physician or psychologist, or
				medical facility which were obtained by services paid for by the division shall
				be confidential and shall have the same degree of protection provided in this
				section and section 17-401.1-35.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 400.1 - VOCATIONAL REHABILITATION ADMINISTRATION › Section 17-400.1-9 - Certification for telephone solicitation

Current through June, 2024
(a) The department
				shall certify and issue a certificate to persons with disabilities engaging in
				the solicitation of goods or services by telephone who declare their disabling
				condition to promote sales, and satisfy the application and certification
				requirements of this section.
(b)
				The certificate shall certify that the applicant is impaired by a disability
				which constitutes a substantial permanent or semi-permanent impairment to
				employment. The certificate shall be valid for one year (12 months from the
				date of the certificate) and may be renewed in accordance with subsection
				(g).
(c) The person so certified at
				the time of solicitation shall disclose:
(1)
				The person's name and vocational rehabilitation certificate number;
(2) The person's employer's name;
(3) The amount of remuneration or commission
				the person will receive from the sale of goods or services; and
(4) The fact that the person represents a
				business for profit which is owned by persons who are not disabled or impaired,
				if such is the fact.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 400.1 - VOCATIONAL REHABILITATION ADMINISTRATION › Section 17-400.1-10 - Standards of services

Current through June, 2024
(a) Except as
				provided in subsection (b), all purchases of services by the division for
				applicants and eligible individuals shall be authorized in writing by
				authorized staff of the division either simultaneously with or before
				purchases.
(b) In an emergency
				situation, verbal authorization by authorized staff of the division will be
				permitted if there is prompt documentation and the authorization is confirmed
				in writing and forwarded to the provider of the services immediately
				thereafter.
(c) The division shall
				give preference for in-State services provided that the preference does not
				deny an individual a necessary service. If the individual chooses an
				out-of-State service at a higher cost than an in-State service, and either
				service would meet the individual's rehabilitation needs, the division shall
				not be responsible for those costs in excess of the cost of the in-State
				service.
(d) The division shall not
				place absolute dollar limits on specific service categories or on the total
				services provided to an individual.
(e) The division shall make payments to
				vendors for goods and services authorized by the division, upon certification
				that the goods and services have been rendered.
(1) Funds shall be expended only as
				authorized by applicable Federal and State laws, rules, regulations, policies
				and procedures governing the programs of the division.
(2) Funds shall not be expended for past
				incurred indebtedness of applicants and eligible individuals.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 400.1 - VOCATIONAL REHABILITATION ADMINISTRATION › Section 17-400.1-11 - Administration of funds

Current through June, 2024
(a) The division
				administrator shall be responsible for all funds under the jurisdiction of the
				division, in all of its programs and organizational subdivisions, regardless of
				their source or designation.
(b)
				Any charge for services not covered by approved fee schedules shall be
				authorized by authorized staff of the division in accordance with this section,
				section 17-400.1-10 and applicable State fiscal policies and procedures
				governing purchase of services.
(c)
				Payment for services must be authorized in writing, by authorized staff of the
				division either simultaneously with or before the services are rendered. In an
				emergency situation, verbal authorization by authorized staff of the division
				will be permitted if there is prompt documentation and the authorization is
				confirmed in writing and forwarded to the provider of the services immediately
				thereafter.
(d) Services shall be
				provided by qualified vendors who meet the requirements of section
				17-400.1-10(g) and are duly licensed to practice their profession in accordance
				with State licensed laws.
(1) Physicians must
				be licensed by the State board of medical examiners;
(2) Specialists must be licensed to practice
				in the State and certified by the American board in the particular medical
				specialty;
(3) Dentists must be
				licensed by the State board of dental examiners;
(4) Psychologists must be licensed by the
				State and certified by the appropriate certifying body; and
(5) Other duly authorized medically-oriented
				resource persons, such as osteopaths, must be licensed and certified by the
				appropriate governing bodies.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 400.1 - VOCATIONAL REHABILITATION ADMINISTRATION › Section 17-400.1-12 - Interagency cooperation and collaboration

Current through June, 2024
(a) The division,
				in consultation with other appropriate agencies, and with the Governor's
				assurance, if necessary, will effect an interagency agreement or other
				mechanism for interagency coordination between the division and any appropriate
				public entity, including the State entity responsible for administering the
				State medicaid program, a public institution of higher education, and a
				component of the statewide workforce investment system, to ensure the provision
				of vocational rehabilitation services described in section 17-401.1-6 other
				than those services exempted in section 17-401.1-13(b), that are included in
				the IPE of an eligible individual, including the provision of such VR services
				during any pendency of any interagency dispute described in paragraph (2)(C).
(1) The above requirements of paragraph (a)
				may be met through:
(A) A State statute or
				regulation;
(B) A signed agreement
				between the respective officials of the public entities that clearly identifies
				the responsibilities of each public entity for the provision of the services;
				or
(C) Another appropriate
				mechanism as determined by the division.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 400.1 - VOCATIONAL REHABILITATION ADMINISTRATION › Section 17-400.1-13 - Coordination of services with the State department of education

Current through June, 2024
(a) The division shall implement the
				following plans, policies, and procedures for coordination of services with the
				State department of education to facilitate the transition of students with
				disabilities from the receipt of educational services in school to the receipt
				of vocational rehabilitation services under the division:
(1) The development and approval of an
				individualized plan for employment in accordance with section 17-401.1-10 as
				early as possible during the transition planning process but, at the latest, by
				the time each student determined to be eligible for VR services leaves the
				school setting or, if the division is operating under an order of selection
				pursuant to section 17-401.1-5, before each eligible student able to be served
				under the order leaves the school setting.
(2) A formal interagency agreement with the
				State department of education which at a minimum, provides for:
(A) Consultation and technical assistance to
				assist the department of education in planning for the transition of students
				with disabilities from school to post-school activities, including VR
				services;
(B) Transition planning
				between personnel of the division and the department of education for students
				with disabilities that facilitate the development and completion of their
				individualized education programs (IEPs) under the Individual's with
				Disabilities Education Act (IDEA);
(C) The roles and responsibilities, including
				financial responsibilities, of each agency, including provisions for
				determining State lead agencies and qualified personnel responsible for
				transition services; and
(D)
				Procedures for outreach to and identification of students with disabilities who
				are in need of transition services as early as possible during the transition
				planning process, and including, at a minimum, a description of the purpose of
				the VR services program, eligibility requirements, application procedures, and
				scope of services that may be provided to eligible individuals.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 400.1 - VOCATIONAL REHABILITATION ADMINISTRATION › Section 17-400.1-14 - Cooperation with WIA One-Stop centers

Current through June, 2024
(a) The division
				shall carry out the following functions as a required partner in the One-Stop
				service delivery system of the statewide workforce investment system under
				Title I of the Workforce Investment Act of 1998:
(1) Make available to participants through
				the One-Stop service delivery system the core services that are applicable to
				the program administered by the division under this part, which consists of:
(A) Eligibility determination;
(B) Outreach, intake and
				orientation;
(C) Skills
				assessment;
(D) Job search,
				placement assistance, career counseling;
(E) Information on:
(i) Employment statistics
				information.
(ii) Performance and
				cost data on eligible training providers.
(iii) Local area performance
				outcomes.
(iv) Availability of
				supportive services.
(v) Filing
				claims on unemployment compensation.
(F) Assistance in establishing eligibility
				for welfare-to-work and financial aid for training and education; and
(G) Follow up services for 12 months after
				placement.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 400.1 - VOCATIONAL REHABILITATION ADMINISTRATION › Section 17-400.1-15 - Cooperative agreements with WIA One-Stop partners

Current through June, 2024
(1) The
				division shall replicate those agreements at the local level between individual
				offices of the division and local entities carrying out the One-Stop service
				delivery system or other activities through the statewide workforce investment
				system.
(2) Cooperative agreements
				developed under this subsection may provide for:
(A) Intercomponent training and technical
				assistance regarding:
(i) The availability
				and benefits of, and information on eligibility standards for, vocational
				rehabilitation services; and
(ii)
				The promotion of equal, effective and meaningful participation by individuals
				with disabilities in the One-Stop service delivery system and other workforce
				investment activities through the promotion of program accessibility consistent
				with the requirements of the Americans with Disabilities Act of 1990 and
				section 504 of the Act, the use of nondiscriminatory policies and procedures,
				and the provision of reasonable accommodations, auxiliary aids and services,
				and rehabilitation technology for individuals with disabilities;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 400.1 - VOCATIONAL REHABILITATION ADMINISTRATION › Section 17-400.1-16 - Cooperation with other federal, state, and local agencies and programs

Current through June, 2024
The division shall cooperate with and use the services and
				  facilities of other Federal, State, and local agencies and programs, including
				  programs carried out by the Under Secretary for Rural Development of the
				  Department of Agriculture and State use contracting programs to the extent that
				  those agencies and programs are not carrying out activities through the
				  statewide workforce investment system.