Haw. Code R. § 5-31-35.1 - Requests for administrative review on enforcement actions

(a) After receipt of a written request for an administrative review on an enforcement action imposed by the agency, a determination shall be made whether the criteria for scheduling an administrative review have been met.

(b) The criteria for scheduling an administrative review include:

(1) Receipt of the written request for a review on a timely basis as prescribed by the specific enforcement action; and

(2) The issues stated in the request are limited to those which are allowed to be considered by applicable state law and federal regulations.

(c) If the criteria for scheduling an administrative review have been met, the agency shall schedule and perform the review. The results of the review and relevant documentation shall be sent to the non-custodial parent. The agency shall notify the non-custodial parent that an in-person review may be scheduled if the non-custodial parent submits a written request for an in-person review within fourteen calendar days from the date that the results of the administrative review were sent to the noncustodial parent.

(d) If the criteria for granting an administrative review have not been met, the request is denied, and the agency shall send the non-custodial parent a written notice of denial.

(e) After receipt of a timely written request for an in-person review, the agency shall send a written notice to the noncustodial parent of the date, place, and the time of the in-person review. The notice shall inform the non-custodial parent to bring to the review all appropriate child support related documentation that the non-custodial parent wishes to be considered.

(f) Following the in-person review, the results of the review and relevant documentation shall be provided to the noncustodial parent.

(g) If the request for an in-person review has not been received on a timely basis, the request is denied and the agency shall send the non-custodial parent a written notice of denial.

(h) The applicable enforcement action shall continue if:

(1) The request for an administrative review has not been received or has been denied;

(2) The results of an administrative review was sent to the non-custodial parent and no written request for an in-person review was received in a timely manner,- or

(3) After an in-person review is conducted, the agency determines that the action shall continue.

(i) For enforcement actions related to federal tax or administrative offset, the results of the administrative review and the results of the in-person review, including relevant documentation, shall be provided to the custodial parent in a non-title IV-A case.

(j) The agency, at its discretion, may suspend taking an applicable enforcement action at any time.

Notes

Haw. Code R. § 5-31-35.1

[Eff and comp MAR 30 2014] (Auth: HRS § 576E-8) (Imp: 4 5 C.F.R. §§303.100, 303.101 )