Haw. Code R. § 17-604.1-22 - Waived hearings

(a) The department shall provide written notification to the household member suspected of an intentional program violation that the member may waive rights to an administrative disqualification hearing.

(1) Prior to providing this written notification to the household member, the department shall ensure that the evidence against the household member is reviewed by someone other than the eligibility worker assigned to the accused individual's household and a decision is obtained that the evidence warrants scheduling a disqualification hearing.

(2) The written notification which informs the household member of the possibility of waiving the administrative disqualification hearing shall include, at a minimum:

(A) The date the signed waiver must be received by the department to avoid the holding of a hearing and a signature block for the accused individual, along with a statement that the head of household shall also sign the waiver if the accused is not the head of household, with an appropriately designated signature block;

(B) A statement of the accused individual's right to remain silent concerning the charge or charges, and that anything said or signed by the individual concerning the charge or charges can be used against the individual in a court of law;

(C) The fact that a waiver of the disqualification hearing will result in disqualification and a reduction in benefits for the period of disqualification, even if the accused individual does not admit to the facts as presented by the department;

(D) An opportunity for the accused to specify whether or not the individual admits to the facts as presented by the department;

(E) The telephone number and, if possible, the name of the person to contact for additional information; and

(F) The fact that the remaining household members, if any, will be held responsible for repayment of the resulting claim.

(3) The department shall develop a waiver of right to an administrative disqualification hearing form which contains the information required by section 17-604.1-16 for advance notice of a hearing. However, if the household member is notified of the possibility of . waiving the member's right to an administrative disqualification hearing before the department has scheduled a hearing, the department shall not be required to notify the household member of the date, time, and place of the hearing at that point as required by section 17-604.1-16.

(b) If the household member suspected of an intentional program violation signs the waiver of right to an administrative disqualification hearing and the signed waiver is received within the time periods specified by the department, the household member shall be disqualified in accordance with the disqualification periods in section 17-604.1-9.

(1) The period of disqualification shall begin with the first month which follows the date the household member receives written notification of the disqualification. However, if the act of intentional program violation which led to the disqualification occurred prior to the written notification of the disqualification periods specified in section 17-604.1-9, the household member shall be disqualified in accordance with the disqualification periods in effect at the time of the offense. The same act of intentional program violation repeated over a period of time shall not be separated so that separate penalties can be imposed-.

(2) No further administrative appeal procedure exists after an individual waives the individual's right to an administrative disqualification hearing and a disqualification penalty has been imposed. The disqualification penalty cannot be changed by a subsequent hearing decision. The household member, however, is entitled to seek relief in a court having appropriate jurisdiction. The period of disqualification may be subject to stay by a court of appropriate jurisdiction or other injunctive remedy.

(3) Once a disqualification penalty has been imposed against a currently participating household member, the period of disqualification shall continue uninterrupted until completed regardless of the eligibility of the disqualified member's household. However, the disqualified member's household shall continue to be responsible for repayment of the overissuance which resulted from the disqualified member's intentional program violation regardless of its eligibility for program benefits.

(c) The department shall provide written notice to the household member prior to 'disqualification. The department shall also provide written notice to any remaining household members of the allotment they will receive during the period of disqualification or that they must reapply because' the certification period has expired. The notice shall conform to the requirements for notification of a hearing decision specified in section 17-604.1-21. A written demand letter for restitution shall also be provided.

Notes

Haw. Code R. § 17-604.1-22

[Eff 3/19/93; am 2/16/9 6; am and comp 24 2013] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §273.16(f))