Section 17-602.1-10 - Payment status of financial assistance recipients pending hearing(a) Unless the provisions of subsection (b) apply, no adverse action shall be taken until a hearing decision is rendered when a signed written request for a hearing is received from a: (1) Financial assistance recipient, subject to reporting as described in chapter 17-650, if the request is received within ten calendar days from the date of the notice of adverse action to be taken on the basis of information obtained from the completed report. If the tenth day falls on a weekend or holiday, the tenth day shall be the working day following the weekend or holiday;(2) General Assistance (GA) or Assistance to the Aged, Blind, or Disabled (AABD) recipient if the request is received within ten calendar days of the date of notice of adverse action to be taken on the basis of information secured from sources other than the report described in chapter 17-650. If the tenth day falls on a weekend or holiday, the tenth day shall be the working day following the weekend or holiday; or(3) Recipient of financial assistance other than GA or AABD, if the request is received on or before the last day of the month preceding the effective month of an adverse action to be taken on the basis of information secured from sources other than the simplified report as described in chapter 17-650. The provisions of this paragraph apply only to individuals entitled to timely notice as specified in chapter 17-649. If the last day of the month falls on a weekend or holiday, the last day shall be the working day following the weekend or holiday.(b) When a signed written request for a hearing is received within the periods specified in subsection (a), no adverse action shall be taken until a hearing decision is rendered, unless: (1) The claimant withdraws or abandons the request for hearing as specified in section 17-602.1-9;(2) A determination is made at the hearing that the sole issue involved is one of state or federal law or policy, or change in state or federal law and not one of incorrect grant computation;(3) Another change affecting the claimant's grant occurs during the hearing process and the claimant fails to request a hearing after notice of the change;(4) The recipient specifically requests not to receive continued assistance pending a hearing decision;(5) The household is ineligible due to receipt of a total of sixty calendar months of assistance under the aid to families with dependent children (AFDC) program as specified in section 17-656.1-3;(6) The issue involved is a change in monthly assistance allowance as specified in 17-678-3.01, and not one of incorrect grant computation;(7) The household is ineligible due to receipt of a total of four months of assistance under the grant diversion program as specified in section 17-656.2-33;(8) The household is ineligible for a Grant Diversion payment due to non-compliance with participation requirements;(9) The household is ineligible due to receipt of a total of sixty months of assistance under the employment subsidy program as specified in section 17-656.2-8; or(10) The household is denied eligibility for the following non-assistance programs: (B) Self-sufficiency program;(C) Supporting employment empowerment program; or(D) Employment bonus program.(c) The department shall promptly notify the claimant in writing if assistance is to be reduced or discontinued pending the hearing decision for reasons, specified in subsection (b), other than withdrawal or abandonment of the request by the claimant.(d) If, while receiving aid paid pending, the claimant: (1) Becomes eligible for additional assistance, payment shall be increased; or(2) Provides a written request for but is denied additional assistance, aid paid pending shall continue and a notice of the denial shall be provided. The notice shall include a statement of the denial, reason for the denial, specific rule supporting the denial, and the person's right to appeal the decision.(e) In any case where only adequate notice is required, if the recipient requests a hearing within ten calendar days of the mailing of the adequate notice of the action, assistance shall be reinstated and continued until a decision is rendered after the hearing unless: (1) Action was due to application of state or federal law or policy or a change in state or federal law;(2) The recipient refuses to submit a report as described in chapter 17-650 by department's deadline;(3) The recipient fails to submit a completed report as described in chapter 17-650 by department's deadline; or(4) The recipient specifically requests that continued assistance not be paid pending the hearing decision. If the tenth day falls on a weekend or holiday, the tenth day shall be the working day following the weekend or holiday.
Haw. Code R. § 17-602.1-10
[Eff 3/19/93; am 7/24/95; am 12/15/95; am 1/25/97; am 9/26/97; am and comp 9/18/06; am 1/17/08; am 8/07/09] (Auth: HRS § 346-14; 42 U.S.C. §601 - 610; 45 C.F.R. §205.10 ) (Imp: HRS § 346-12; 42 U.S.C. §601 - 610; 45 C.F.R. §§205.10, 233.37 )