Haw. Code R. § 17-794.1-59 - Notice of adverse action

(a) The department shall issue a timely notice to recipients in writing prior to initiating any adverse action to reduce, suspend, or terminate payments or services. Timely notice requires:

(1) Mailing of a written notice at least ten days prior to the effective date of the adverse action; or

(2) Mailing of a written notice at least five days before referrals are made to the investigation office for probable fraud situations.

(b) Written notice shall include statements of:

(1) Action the department intends to take;

(2) Reasons for intended action;

(3) Departmental rules supporting the intended action; and

(4) The individual's right to request an informal review or an administrative hearing, or both, and the circumstances under which services or payments shall be continued if an administrative hearing is requested.

(c) Changes in manner of payment are not subject to timely notice requirements unless they result in a discontinuation, suspension, reduction, or termination of benefits, or force a change in child care arrangements.

Notes

Haw. Code R. § 17-794.1-59

[Eff 6/11/07; comp JAN 16 2012] (Auth: HRS § 346-14) (Imp: 45 C.F.R. §255.2)