Report Title:

Department of Human Services; Administrative Appeals

Description:

Clarifies that administrative appeals for the Department of Human Services be decided in a fair and impartial manner. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2023

TWENTY-SECOND LEGISLATURE, 2004

H.D. 2

STATE OF HAWAII

S.D. 1


 

A BILL FOR AN ACT

 

RELATING TO administrative appeals.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 346-12, Hawaii Revised Statutes, is amended to read as follows:

"346-12 Fair hearing. An applicant or recipient, deeming oneself aggrieved, shall be entitled to appeal to the director of human services in the manner prescribed by department of human services [regulations] rules and shall be afforded reasonable notice and opportunity for a fair hearing[.] at which all of the evidence presented by the parties, to the extent allowed by chapter 91, shall be considered."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2020.