Hawaii Revised Statutes
Haw. Rev. Stat. § 346-12 (2026)
Hearing
✓ current as of July 2026
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§346-12 Hearing. An applicant or recipient, deeming oneself aggrieved, shall be entitled to appeal to the director in the manner prescribed by department rules and shall be afforded reasonable notice and opportunity for a hearing at which all of the evidence presented by the parties, to the extent allowed by chapter 91, shall be considered in a fair and impartial manner. [L 1941, c 296, §1(8); RL 1945, §4808; RL 1955, §107-8; HRS §346-12; am L 1970, c 105, §5; gen ch 1985; am L 1987, c 339, §4; am L 2004, c 207, §1]
Cross References
Hearings, see chapter 91.
Case Notes
Section together with 45 CFR 2505.10, satisfies due process. 66 H. 489, 666 P.2d 1135 (1983).
Notes of Decisions
Cited in 12
cases (6 in the last 5 years), 1983–2025 · leading case: Cnty. of Hawai'i v. Ala Loop Homeowners, 235 P.3d 1103 (Haw. 2010).
Cnty. of Hawai'i v. Ala Loop Homeowners, 235 P.3d 1103 (Haw. 2010). “The Department had sent each of the recipients notices informing him or her of the reductions and of his or her right to *1152 appeal and have a "fair hearing" before the Department as mandated by HRS § 346-12 (1983). [16] Id. This court said that "[s]uch a hearing was held in…”
Punohu v. Sunn, 666 P.2d 1133 (Haw. 1983). “Such a right of appeal and hearing was mandated by the provisions of § 346-12, Hawaii Revised Statutes (HRS). Such a hearing was held in each case and the reductions in benefits were upheld.”
Granito v. Sunn, 594 F. Supp. 410 (D. Haw. 1984). “Defendant Sunn argues that the court lacks jurisdiction over this cause of action because the plaintiffs have failed to .”
Jacober v. Sunn, 674 P.2d 1024 (Haw. App. 1984). “Jacober applied for medical and financial benefits under the general assistance program for herself, her husband and minor children; (2) on August 12, 1980, DSSH denied her application; (3) upon her request she was given a fair hearing under Hawaii Revised Statutes (HRS) §…”
In re: FT, by & through Aloha Nursing Rehab Centre v. Dep't of Human Servs.. ICA s.d.o., filed 04/19/2024 [ada], 154 Haw. 110. Application for Writ of Certiorari, filed 07/15/2024. S.Ct. Order Accepting Application for Writ of Certiorari, filed 09/13/2024 [ada]. (Haw. 2025). “The relevant statute, HRS § 346-12, limits parties who can request such a hearing solely to the applicant or recipient themselves.”
Punohu v. Sunn, 666 P.2d 1135 (Haw. 1983). “The proceedings in the First Circuit were appeals by the individual appellees from rulings at fair hearings held pursuant to § 346-12, HRS. At those hearings, the appellees were appealing from proposed reductions or terminations of their public assistance benefits in various…”
In re: FWH, by & through Aloha Nursing Rehab Centre v. Dep't of Human Servs. (Haw. 2025). “The AAO hearing officer determined that because Aloha was not an “applicant or recipient” per HRS § 346-12, it did not have a right to a hearing per HAR § 17-1703.”
In re: FWH, by & through Aloha Nursing Rehab Centre v. Dep't of Human Servs. (Haw. 2025). “The AAO hearing officer determined that because Aloha was not an “applicant or recipient” per HRS § 346-12, it did not have a right to a hearing per HAR § 17-1703.”
In re: F.T., by & through Aloha Nursing Rehab Centre, 154 Haw. 110 (Haw. App. 2024). “Under HRS § 346-12, [a]n applicant or recipient, deeming oneself aggrieved, shall be entitled to appeal to the director in the manner prescribed by department rules and shall be afforded reasonable notice and opportunity for a hearing at which all of the evidence presented by…”
In Re: F.W.H., by & through Aloha Nursing Rehab Ctr., 154 Haw. 112 (Haw. App. 2024). “Under HRS § 346-12, [a]n applicant or recipient, deeming oneself aggrieved, shall be entitled to appeal to the director in the manner prescribed by department rules and shall be afforded reasonable notice and opportunity for a hearing at which all of the evidence presented by…”
Asada v. Sunn, 666 P.2d 584 (Haw. 1983). “If such payments are held to be reasonable, either at the administrative level, or at a fair hearing pursuant to § 346-12, HRS, the social services unit would be required to make those payments under the regulation and the statute.”
Maui Lani Neighbors v. State. ICA Opinion, filed 12/28/2023 [ada], 153 Haw. 527. Application for Writ of Certiorari, filed 03/25/2024. S.Ct. Order Accepting Application for Writ of Certiorari, filed 05/24/2024 [ada]. (Haw. 2025). “Such a right of appeal and hearing was mandated by the provisions of § 346-12, [HRS]. Such a hearing was held in each case and the reductions in benefits were upheld.”
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