Haw. Code R. § 17-794.1-40 - Good cause

(a) A determination that good cause exists for non-compliance shall be made in accordance with a procedure established by the department.

(b) The department shall make a determination that good cause exists for an individual's non-compliance with this chapter when child care for a child under six years of age is necessary for the individual to participate or continue participation in the FTW program or accept employment, and such care is not available.

(c) The department may consider other circumstances beyond the individual's control in determining whether there was good cause for noncompliance. Examples of circumstances beyond the individual's control include, but are not limited to:

(1) Illness of the individual which is verified by a medical statement from a licensed physician or psychologist;

(2) The individual's presence is required on a continual basis due to the illness of another household member and is verified by a medical statement from a licensed physician or psychologist;

(3) The individual is experiencing a family crisis or change of individual or family circumstances, such as death of an immediate family member, the family is currently homeless, or the family experienced a natural disaster;

(4) Unsafe employment situations;

(5) Self-employment that did not produce income equivalent to thirty hours per week or one hundred twenty hours per month of employment at the federal minimum wage after business expenses are deducted;

(6) There is a breakdown in transportation arrangements with no ready access to alternate transportation; or

(7) The individual's failure was the result of being a victim of domestic violence as defined in section 17-656.1-2.

(d) An individual for whom a determination of good cause was made may be required to make up the participation hours for which the good cause was granted.

Notes

Haw. Code R. § 17-794.1-40

[Eff 6/11/07; am and ren § 17-794.1-40, 6/26/09; comp JAN 16 2012] (Auth: HRS § 346-14) (Imp: 45 C.F.R. §§260.20, 260.30, and 261.10)