Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2023, H.D. 2, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to provide that, on an appeal by an aggrieved public assistance applicant or recipient, all of the evidence presented by the parties shall be considered, as allowed by chapter 91, Hawaii Revised Statutes.

Testimony in support of this measure was received from the Department of Human Services, Legal Aid Society of Hawaii, and Hawaii Disability Right Center.

This measure is intended to clarify current law which does not reference chapter 91 or specify what evidence is to be presented at the hearing. The enactment of this measure would clarify the legislative intent that a fair hearing be afforded the aggrieved party, at which all evidence be presented to the extent allowable under the Administrative Procedure Act. This includes admission of material and relevant evidence, including evidence that may not have been previously considered on cross-examination. This process would enable the hearing officer to decide objectively whether the agency action was correct or incorrect.

Your Committee has amended this measure by:

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2023, H.D. 2, S.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, S.D. 2.