Haw. Code R. § 17-663-129 - Overpayment due to incorrect sponsor information

(a) Any sponsor of an alien and the alien shall be jointly and severably liable for repayment of any overpayment of coupons as a result of incorrect information provided by the sponsor. However, if the alien's sponsor had good cause or was without fault for supplying the incorrect information, the alien's household shall be solely liable for repayment of the overpayment. Examples of good cause or without-fault are:

(1) Incorrect application of state rules by the branch;

(2) The alien provided incorrect information regarding the sponsor's income and assets and the sponsor was unaware of the alien's actions; or

(3) The alien sponsor was unable to provide accurate information regarding income and assets because of a mental disorder.

(b) Where the sponsor did not have good cause, the branch shall decide whether to establish a claim for the overpayment against the sponsor or the alien's household, or both. The branch may choose to establish claims against both parties at the same time or to establish a claim against the party it deems most likely to repay first. If a claim is established against the alien's sponsor first, the branch shall ensure that a claim is established against the alien's household whenever the sponsor fails to respond to the branch's demand letter within thirty days of receipt. The branch shall return to the alien's sponsor (and the alien's household, if appropriate) any amounts repaid in excess of the total amount of the claim.

(c) The sponsor is entitled to a hearing either to contest a determination that the sponsor was at fault where it was determined that incorrect information has been provided or to contest the amount of the claim.

Notes

Haw. Code R. § 17-663-129

[Eff 3/19/93; am comp 11/19/05; am and comp OCT 07 2010] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §§273.4(c) (6); 273.18(a)(4))