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UNOFFICIAL 1736-30 for the record without an oral hearing or appearance by either party. The request may be made at any time before or during the hearing. A waiver of an oral hearing is valid only if all parties agree with the request and if it is approved by the hearing officer.
(b) Approval of the request shall rest exclusively with the hearing officer.
(c) Where a request has been made and approved, the parties shall file with the hearing officer a written waiver of their right to a personal appearance before the hearing officer. The waiver may be withdrawn by any party with adequate notice to the opposing party and to the hearing officer as specified in section 17-1736-63.
(d) Once a waiver has been withdrawn, as provided in subsection (c), the hearing officer shall promptly notify all parties of the withdrawal and the need for an oral hearing. The hearing shall be held within one hundred eighty calendar days following the date of withdrawal of the waiver. [Eff 08/01/94 ] (Auth: HRS §346-14) (Imp: HRS §91.9; 42 C.F.R. §447.258)
§17-1736-65 Prehearing conference for hospital and institutional providers. (a) At any time before the actual formal hearing as specified in section 17-1736-64 or 17-1736-66, a prehearing conference may be held to clarify the issues under dispute.
(b) The conference shall be informal in nature, and a record as described in section 17-1736-71 shall not be required.
(c) The decision to have, or to not have a prehearing conference shall rest solely with the hearing officer. The decision shall not be subject to appeal.
(d) The decision to record or not record the prehearing conference shall rest solely with the hearing officer. The decision shall not be subject to appeal.
(e) At the sole discretion of the hearing officer, a prehearing order regarding the proceedings may be issued. The order shall control the subsequent course of the evidentiary hearing unless modified at the hearing to prevent manifest injustice. The prehearing order regarding the proceedings shall not be subject to appeal. [Eff 08/01/94 ] (Auth: HRS §346-14) (Imp: HRS §91.9; 42 C.F.R. §447.258)