CONFERENCE COMMITTEE REP. NO. 39-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2023

H.D. 2

S.D. 2

C.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2023, H.D. 2, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO ADMINISTRATIVE APPEALS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill 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.

At earlier hearings concerns were raised by the Legal Aid Society of Hawaii and the Disability Rights Center which reflected their perception that the opinion of the Medical Review Board was being given undue deference. Your Committee on Conference wishes to reiterate that all evidence which is properly admitted before the hearing officer is to be considered on its own merits as the hearing officer deems fair and appropriate. The function of the hearing officer is to exercise independent judgment and to arrive at a determination of which item of evidence the hearing officer believes is more persuasive.

While the hearing officer may choose in any given case to agree with the opinion of the Medical Review Board or to agree with a contrary opinion held by another physician or psychologist, your Committee on Conference feels that it is important that each case be decided fairly and independently and that no preconceived additional deference be afforded to the Medical Review Board. To clarify this intent, the words "fair and impartial" have been added to the measure.

Accordingly, your Committee on Conference has amended this bill by:

(1) Clarifying that the evidence presented by the parties shall be considered in a fair and impartial manner; and

(2) Making technical, nonsubstantive changes for clarity and style.

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

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

_____________________________

SUZANNE CHUN OAKLAND, Co-Chair

____________________________

MICHAEL P. KAHIKINA, Co-Chair

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COLLEEN HANABUSA, Co-Chair

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ERIC G. HAMAKAWA, Co-Chair