Haw. Code R. § 17-663-130 - Collecting claims against sponsors

(a) The branch shall initiate collection action by-sending the alien's sponsor a written demand letter which informs the sponsor of the following:

(1) The amount owed;

(2) The reason for the claim; and

(3) How the sponsor may pay the claim.

(4) That the sponsor shall not be held responsible for repayment of the claim if the sponsor can demonstrate that there was good cause or that the sponsor was without fault for the incorrect information having been supplied to the branch. In addition, the branch shall follow-up the written demand letter with personal contact, if possible.

(b) The branch may pursue other collection actions, as appropriate, to obtain payment of a claim against any sponsor which fails to respond to a written demand letter. The branch may terminate collection action against a sponsor at any time if it has documentation that the sponsor cannot be located or when the cost of further collection is likely to exceed the amount that can be recovered.

(c) If the alien's sponsor responds to the written demand letter and is financially able to pay the claim at one time, the branch shall collect a lump sum cash payment. The branch may negotiate a payment schedule with the sponsor for repayment of the claim, as long as payments are provided in regular installments.

Notes

Haw. Code R. § 17-663-130

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