Haw. Code R. § 17-649-3 - Notice of adverse action

(a) Prior to the action to reduce, terminate, suspend, withhold, or change the manner or form of payment to protective or vendor payment, except as provided in section 17-649-9, the branch shall provide the recipient with timely and adequate notice before the adverse action is taken.

(b) The notice of adverse action shall be considered timely when the branch mails the notice at least ten days prior to the effective date of action. For the financial assistance programs, when the department obtains facts indicating need for the action because of probable fraud, the branch shall mail a written notice at least five days before the effective date of action. If the notice period ends on a weekend or holiday and a request for a hearing and continuation of benefits is received the day after the weekend or holiday the request shall be considered timely.

(c) For the financial assistance programs, timely notice shall not be required in the following circumstances but adequate notice shall be sent not later than the date of action:

(1) The department has verified the death of a recipient or of the AFDC payee and there is no relative available to serve as new payee;

(2) The department receives a clear written statement signed by a recipient that:

(A) The recipient no longer wishes assistance; or

(B) Provides information which necessitates termination or reduction of assistance and indicates that the recipient under-stands the consequences of supplying the information shall be reduction or termination of assistance;

(3) The recipient has been admitted or committed to a public institution;

(4) The recipient has been placed under skilled nursing care, intermediate care, or long-term hospitalization;

(5) The recipient's whereabouts are unknown and mail sent to the recipient has been returned by the post office indicating no known forwarding address. When mail is returned, both timely and adequate notice shall be issued only when the recipient has provided the department with a new address. The returned benefits, however, shall be released to the recipient if the recipient's whereabouts become known during the payment period covered by the returned benefits;

(6) The recipient has been accepted for assistance in another state and this fact has been established by the department;

(7) The AFDC child has been removed from the home by judicial action or placed in foster care by the parent or legal guardian;

(8) A special allowance granted for a specific period is terminated and the recipient has been informed in writing at the time allowance was made that the allowance would automatically terminate at the end of the specified period;

(9) The department establishes protective or vendor payments because of money mismanagement;

(10) A change in the level of medical care is prescribed by the recipient's physician.

(11) The recipient has opted to participate in grant plus and has agreed to the following:

(A) The payment of the financial assistance to the employer for the employer's use in paying wages to the recipient; and

(B) Accept $650 as the full monthly assistance payment regardless of household size; or

(12) The grant plus recipient is no longer participating in grant plus and the financial assistance payment is restored to the standard of assistance for the applicable family size.

(d) For the financial assistance programs, timely and adequate notice shall be given when automatic grant adjustments for classes of recipients are made due to changes in state or federal law. The notice shall be adequate if it includes a statement of:

(1) The intended action;

(2) Reasons for the intended action;

(3) The specific change in law requiring the action; and

(4) The circumstances under which a hearing may be obtained and assistance may be continued.

(e) In situations involving categorical changes in the financial assistance programs, timely and adequate notice, shall be required when a transfer is made between a federal and state category such as AFDC and GA, or between state categories such as GA and state AABD.

Notes

Haw. Code R. § 17-649-3

[Eff 3/19/93; am 8/1/94; am 6/1/00] (Auth: HRS § 346-14) (Imp: HRS § 346-12; 7 C.F.R. §273.13; 45 C.F.R. §§205.10, 233.37)