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UNOFFICIAL 1706-5

§17-1706-7 Right to an administrative hearing. (a) Identified debtors may request an administrative hearing as follows: (1) Within fourteen calendar days of the date of the adverse pretax setoff review notice; and (2) Within thirty calendar days of the date of the tax setoff notice. (3) If the fourteenth or thirtieth day falls on a weekend or holiday, the fourteenth or thirtieth day shall then be the first working day after the weekend or holiday.

(b) All debtors requesting an administrative hearing shall have the right to submit a written request naming an authorized representative for administrative hearing purposes. The written authorization shall be received by the department before the department acknowledges any action taken by the authorized representative on the debtor's behalf. [Eff 08/01/94 ] (Auth: HRS §346-14) (Imp: HRS §§231-51 to 231-59)

§17-1706-8 Rights of the claimant. The claimant or the 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 the claimant is non-English speaking. If the claimant does not have an interpreter and the department believes an interpreter is necessary, an interpreter shall be obtained by the department; (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 to confront and cross examine any witness. [Eff 08/01/94 ] (Auth: HRS §346-14) (Imp: HRS §§231-51 to 231-59)