Haw. Code R. § 17-685-6 - Administrative hearing request
(a) The household
unit shall be provided an opportunity for an administrative hearing, 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 17-685-5.
(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
17-685-5;
(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 and
17-685-3;
(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
17-685-8; 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;
(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.
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