Haw. Code R. § 17-663-131 - Collecting claims against alien households
Prior to initiating collection action against the household of a sponsored alien for repayment of an overpayment caused by incorrect information having been supplied concerning the alien's sponsor or sponsor's spouse, the branch shall determine whether such incorrect information was supplied due to inadvertent error or intentional program violation on the part of the alien.
(1) If sufficient
documentary evidence exists to substantiate that the incorrect information
concerning the alien's sponsor or sponsor's spouse was provided due to
intentional program violation on the part of the alien, the branch shall pursue
the case in accordance with chapter 17-604.1. The claim against the alien's
household shall be handled as an inadvertent household error claim prior to the
determination of intentional program violation by the administrative
disqualification hearing official or a court of appropriate
jurisdiction.
(2) If the branch
determines that the incorrect information was supplied due to misunderstanding
or unintended error on the part of the sponsored alien, the claim shall be
handled as an inadvertent household error claim, in accordance with chapter
17-683. These actions shall be taken regardless of the current eligibility of
the sponsored alien or the alien's household.
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