Hawaii Administrative Rules Title 18 — Department of Taxation

HAR § 18-234-04

Powers and duties

Official textfiles.hawaii.gov12 subsections

# (a)

The commission shall:

# (1)

Receive, process, review, and investigate each claim;

# (2)

Conduct a hearing regarding each claim to ascertain the amount of losses suffered by a claimant, in accordance with chapter 91, Hawaii Revised Statutes; provided that, if the commission and claimant agree that there is a no dispute as to the facts or the amount of a §18-234-05 NATURAL DISASTER CLAIMS COMMISSION claim involved in a particular matter, the claimant may waive in writing the opportunity for a hearing provided by these administrative rules;

# (3)

Administer oaths or affirmations to persons testifying before the commission;

# (4)

Determine the amount of losses sustained by a claimant based upon the evidence presented to the commission;

# (5)

Certify the amount of losses to the director;

# (6)

Seek advice from the Office of the Attorney General when legal assistance is necessary;

# (7)

Prescribe and prepare the necessary forms to be used.

# (b)

The commission may:

# (1)

On its own motion, request or require the appearance of any witness it deems necessary or who may assist the commission in determining losses;

# (2)

Require the production of a claimant’s account books, bank books, bank statements, records, vouchers, copies of state and federal tax returns, and any and all documents and evidences having any relevancy to the determination of losses;

# (3)

Seek additional advice from any person it believes may assist the commission in its review of claims; and (4) Transmit copies of certifications of losses to the director of finance of the county in which the disaster occurred.

Last amended: [Eff 5/26/88](Auth: HRS §231-3(9))(Imp: HRS §234-3)

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In this chapter (10 sections)

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