Haw. Code R. § 17-604.1-18 - Participation while awaiting hearing

(a) A pending disqualification hearing shall not affect the individual's or the household's right to be certified and to participate in SNAP. Since the branch cannot disqualify a household member for an intentional program violation until the hearing officer finds that the individual has committed intentional program violation, the branch shall determine the eligibility and benefit level of the household in the same manner as it would be determined for any other household.

(b) The household's benefits shall be terminated if the certification period has expired and the household, after receiving its notice of expiration, fails to reapply.

(c) The branch shall also reduce or terminate the household's benefits if the branch has documentation which substantiates that the household is ineligible or eligible for fewer benefits, even if these factors led to the suspicion of intentional program violation and the resulting disqualification hearing, and the household fails to request a hearing and continuation of benefits pending the hearing. For example, the branch may have facts which substantiate that a household failed to report a change in its circumstances even though the branch has not yet demonstrated that the failure to report involved an intentional act of program violation.

Notes

Haw. Code R. § 17-604.1-18

[Eff 3/19/93; am and comp JUN 24 2013] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §2 '73.16 (e) (5))