Section 17-604.1-21 - Notification of the household on administrative disqualification hearing decision(a) Once the hearing decision is made, the hearing officer shall mail a written notice to the household informing it of the decision.(b) If the hearing results in a finding that the household member did not commit an intentional program violation, no further action shall be taken except for collection of the overissuance as a claim, if appropriate.(c) If a finding of intentional program violation is determined, a written notice shall be mailed to the household prior to disqualification. The notice shall include the following items: (1) The hearing decision;(2) The reason for the decision;(3) How the claim was calculated;(4) The intent to collect from all adults;(5) The benefit amount the rest of the household members, if any, will receive during the period of disqualification of the fraudulent individual;(6) The requirement that the remaining household members, if any, shall reapply in order to receive benefits for those situations in which the certification period has expired;(7) When the disqualification of the fraudulent individual will take effect; and(8) For those situations where the fraudulent individual is no longer participating, the information that the period of disqualification .shall take effect from the month following the month the disqualification decision is rendered.(d) If a finding of intentional program violation is determined, a written agreement letter for restitution shall also be mailed to the household. The written agreement letter shall include the following items: (1) The amount owed by the individual;(2) The reason for the claim;;(3) How the claim was calculated;(4) The intent to collect from all adults;(5) The period of time the claim covers;(6) Any offsetting that was done to reduce the claim;(7) The types and terms of each restitution schedule which is offered;(8) The household member's right to a hearing if the individual disagrees with the amount of the claim;(9) The household's right to request renegotiation of any agreed upon repayment schedule should the household's economic circumstances change;(10) Spaces for the individual to complete indicating the method of repayment desired; and(11) Space for the individual's signature.(e) If the hearing officer rules that the household member has committed an intentional program violation, the household member shall be disqualified in accordance with the disqualification periods specified in section 17-604.1-9 beginning with the first month which follows the date the household receives written notification of the hearing decision. However, if the act of an intentional program violation which led to the disqualification occurred prior to notification of the disqualification periods specified in section 17-604.1-9, the household member shall be disqualified in accordance with the disqualification periods in effect at the time of the offense. The same act of intentional program violation repeated over a period of time shall not be separated so that separate penalties can be imposed. No further administrative appeal procedure exists after an adverse state-level hearing. The determination of an intentional program violation made by a disqualification hearing official cannot be reversed by a subsequent hearing decision. The household member, however, is entitled to seek relief in a court having appropriate jurisdiction. The period of disqualification may be subject to stay by a court of appropriate jurisdiction or other injunctive remedy. If the individual is not certified to participate in the program at the time the disqualification period is to begin, the period shall take effect from the month following the month the disqualification decision is rendered.(f) Once a disqualification penalty has been imposed against a currently participating household member, the period of disqualification shall continue uninterrupted until completed regardless of the eligibility of the disqualified member's household. However, the disqualified member's household shall continue to be responsible for repayment of the over-issuance which resulted from the disqualified member's intentional program violation regardless of its eligibility for program benefits. Haw. Code R. § 17-604.1-21
[Eff 3/19/93; am 2/16/96; comp JUN 242013] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §§273.16(e) (8) and (9), 273.18(e)(3))