Haw. Code R. § 17-604.1-9 - Intentional program violation disqualification penalties
(a)
Individuals found by an administrative disqualification hearing or by a
federal, state or local court to ,have committed an intentional program
violation or who have signed either a waiver of right to an administrative
disqualification hearing or a disqualification consent agreement in cases
referred for prosecution shall be ineligible to participate in the program for:
(1) One year for the first violation, except
as provided in subsections (b) and (c);
(2) Two years for the second violation,
except as provided in subsections (b) and (c); and
(3) Permanently for the third
violation.
(b)
Individuals found by a federal, state, or local court to have used or received
benefits in a transaction involving the sale of a controlled substance (as
defined in section 102 of the Controlled Substances Act (21
U.S.C. §802)) shall be ineligible to
participate in SNAP:
(1) For a period of two
years for the first violation; and
(2) Permanently upon the second
violation.
(c) For the
first violation, individuals found by a federal, state, or local court to have
used or received benefits in a transaction involving the sale of firearms,
ammunition, or explosives shall be permanently ineligible to participate in
SNAP.
(d) Individuals convicted by
a federal, state, or local court of trafficking SNAP benefits of an aggregate
amount of $500 or more shall be permanently ineligible to participate in the
SNAP.
(e) For the first and second
violation, individuals shall be ineligible to participate in SNAP as a member
of any household for a ten-year period per violation, if the individual is
found by the department to have made, or is convicted by a federal or state
court of having made, a fraudulent statement or representation with respect to
the identity or place of residence of the individual in order to receive
multiple benefits simultaneously under SNAP. For the third violation, an
individual shall be permanently ineligible to participate in SNAP.
(f) The penalties in subsections (b) and (c)
shall also apply in cases of deferred adjudication as described in section
17-604.1-28 where the court makes a finding that the individual engaged in the
conduct described in subsections (b) and (c).
(g) If the court fails to impose a
disqualification or a disqualification period for any intentional program
violation, the department shall impose the appropriate disqualification penalty
specified in subsections (a) through (e) unless it is contrary to the court
order.
(h) One or more intentional
program violations which occurred prior to April 1, 1983, shall be considered
as only one previous disqualification when determining the appropriate penalty
to impose in a case under consideration.
(i) Regardless of when an action taken by an
individual which caused an intentional program violation occurred, the
disqualification periods specified in subsections (b) and (c) shall apply to an
case in which the court makes its finding on or after September 1,
1994.
(j) Individuals found guilty
of criminal or civil fraud by a court of appropriate jurisdiction shall be
ineligible for participation as specified by the court. order. However, if the
court fails to ,impose a disqualification period for the intentional program
violation, the branch shall impose the disqualification penalties specified in
this section unless it is contrary to the court order.
(k) The branch shall disqualify only the
individual found to have committed the intentional program violation, or who
signed the waiver of right to an administrative disqualification hearing or
disqualification consent agreement in cases referred for prosecution, and not
the entire household. During the period of ineligibility, no household shall
receive increased benefits as a result of a member of the household having been
disqualified from SNAP.
(l) The
remaining household members shall agree to make restitution within ten days of
the date the branch's written demand letter is mailed or the household' s
monthly allotment shall be reduced. If the remaining household members agree to
make restitution but fail to do so, the branch shall impose an allotment
reduction on the household's monthly allotment. The remaining household
members, if any, shall begin restitution during the period of disqualification
imposed by the branch or a court of law. Restitution shall be made in
accordance with chapter 17-683.
Notes
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