Section 17-602.1-17 - Decisions pending over ninety days(a) When a final decision has not been made and implemented within ninety calendar days of the request, the department shall restore any amount by which the individual's monthly assistance had been reduced, grant any assistance which had been denied, or restore or grant any service which was reduced or denied, if the individual is not already receiving aid paid pending. When the hearing decision is pending over ninety days, aid paid shall be determined in accordance with subsections (d) and (e).(b) The hearing officer shall notify the eligibility worker or support services worker orally on the ninety-first day when a final decision is not reached within ninety days. If the ninety-first day falls on a weekend or holiday, the ninety-first day shall then be the working day following the weekend or holiday. A written confirmation shall be sent within three working days.(c) In situations where a claimant has requested or is otherwise responsible for a delay in the hearing process, the time period shall be tolled only for the period of the delay.(d) The eligibility or support services worker shall review current need and eligibility factors exclusive of the issue on appeal. If the claimant is found to be currently eligible, the amount of help by which the monthly assistance was reduced or denied shall be restored or provided from the ninety-first day within five working days after oral notice is received from the hearing officer. The following action shall be taken to restore the assistance or support services: (1) When assistance is denied or payment terminated, the amount of assistance shall be determined as follows: (A) When the ninety-first day is between the first and fifteenth day of the month, the monthly financial assistance payment shall be provided; or(B) When the ninety-first day is between the sixteenth and the end of the month, one-half the monthly financial assistance payment shall be provided;(2) When assistance or support services are reduced, the amount of assistance or support services shall be restored to the previous level until a final decision is made, provided the claimant remains eligible and no other payment changes become necessary; and(3) Assistance shall continue until a final decision is made.(e) If, for reasons exclusive of the issue pending hearing, the department determines that the claimant is ineligible to receive assistance or support services, the department shall reduce or deny the assistance or support services on or after the ninety-first day of the hearing request. The EW or support services worker shall prepare and mail a notice indicating the reasons for not restoring assistance or support services pending the final hearing decision.Haw. Code R. § 17-602.1-17
[Eff 3/19/93; am 8/1/94; am and comp 9/18/06] (Auth: HRS § 346-14(9); 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 )