Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2023, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to provide public assistance recipients and applicants with an opportunity for a fair hearing when appealing to the Director of Human Services by requiring that the hearing be a hearing de novo.

The Legal Aid Society of Hawaii testified in support of this measure. The Attorney General and the Department of Human Services opposed this bill.

Your Committee understands, based on the Legal Aid Society's testimony, that applicants who are denied general assistance because of a medical examiner's adverse determination on the issue of disability may find daunting the process of appealing to the circuit court from a hearing officer's determination that upholds the medical examiner's determination. The proponents of this measure seek to encourage hearing officers to consider both sides without giving undue deference to the medical examiner's determination.

Your Committee has amended this bill by:

Your Committee notes that the effective date of this bill is July 1, 2020, understanding that this will encourage further discussion.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2023, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2023, H.D. 2.