Haw. Code R. § 17-685.2-6 - Administrative hearing request

(a) The household unit shall be provided an opportunity for an administrative hearing, other than the reasons listed in subsection (b), in accordance with chapter 17-602.1, if the household unit disputes one of the following:

(1) The department's determination of ineligibility for replacement benefits; or

(2) The amount of the replacement benefits when the amount determined is less than the maximum amount provided for under section 17-685.2-5.

(b) An administrative hearing request shall be denied when:

(1) The household unit disputes the amount of replacement benefits provided by the department and the household unit received the maximum amount of replacement benefits allowed pursuant to section 17-685.2-5;

(2) The household unit's claim for replacement of stolen benefits was reported outside of the timely reporting period as defined in sections 17-685.2-2 and 17-685.2-3;

(3) The household unit disputes the denial of a claim that was submitted for stolen program benefits that are not subject to replacement pursuant to this chapter;

(4) The household unit disputes a claim denial or the reduced amount of replacement benefits that were determined pursuant to section 17-685.2-8; or

(5) A provision of section 17-602.1-9 applies, (c) Aid paid pending an administrative hearing decision, described in chapter 17-602.1, shall not apply to a claim for replacement benefits as provided in this chapter.

(d) The replacement of benefits shall not be issued until the administrative hearing process has concluded.

(e) Household units shall be informed in writing at the time of any action affecting their claim, of the:

(1) Right to an administrative hearing, when applicable;

(2) Method for obtaining a hearing; and

(3) Right to present the administrative appeal independently or be represented by an authorized representative such as legal counsel, relative, friend or any other person of the household's choice.

Notes

Haw. Code R. § 17-685.2-6

[Eff 11/6/2024] (Auth: HRS §§ 91-3, 91-4, and 346-14; 42 U.S.C. §§ 601, et seq.; 42 U.S.C. § 618; P.L. 117-328, Title IV, §501) (Imp: HRS §§ 346-14, and 346-155; 45 C.F.R. § 98.93; 45 C.F.R. §§ 260.20, et seq.; P.L. 117-328, Title IV, §501)