Section 17-604.1-28 - Deferred adjudication .
(a) The procedures in this section shall be used for cases in which a determination of guilt is not obtained from a court due to the accused having met the terms of a court order, or for cases which are not prosecuted due to the accused individual having met the terms of an agreement with the prosecuting attorney. (1) The department shall enter into an agreement with the state attorney general or, where necessary, with county prosecuting attorneys, which provides for advance written notification to the household member of the consequences of consenting to disqualification in cases of deferred adjudication.(2) The written notification provided for in paragraph (1) shall include, at a minimum: (A) A statement for the accused individual to sign- that the accused individual understands the consequences of consenting to disqualification, along with a statement that the head of household shall also sign the consent agreement if the accused individual is not the head of household, with an appropriately designated signature block;(B) A statement that consenting to disqualification shall result in disqualification and a reduction in benefits for the period of disqualification, even though the adcused individual was not found guilty of civil or criminal misrepresentation or fraud;(C) A warning that the disqualification penalties for intentional program violation under the SNAP are as specified in section 17-604.1-9, and a statement of which penalty shall be imposed as a result of the accused individual having consented to disqualification;(D) A statement of the fact that the remaining household members, if any, shall be held responsible for repayment of the resulting claim, unless the accused individual has already repaid the claim as a result of meeting the terms of the agreement with the prosecutor or the court order.(b) If the household member suspected of an intentional program violation signs the disqualification consent agreement, the household member shall be disqualified in accordance with the disqualification periods specified in section 17-604.1-9, unless contrary to the court order. (1) The period of disqualification shall begin within forty-five days of the date the household member signed the disqualification consent agreement. However, if the court imposes a disqualification period or specifies the date for initiating the disqualification period, the department shall disqualify the household member in accordance with the court order.(2) 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 is rendered.(3) 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 hall continue to be responsible for repayment of the overissuance which resulted from the disqualified member's intentional program violation regardless of its eligibility for program benefits.(c) If the household, member suspected of an intentional program violation signs the disqualification consent agreement, the department shall provide written notice to the household member. The notice shall be provided prior to disqualification, whenever possible. The notice shall inform the household member of the disqualification and the date the disqualification will take effect. The department shall also provide written notice to the remaining household members, if any, of the allotment they will receive during the period of disqualification or that they must reapply because the certification period has expired. The procedures for handling the income and resources of the disqualified member are described in chapter 17-663. In addition, the department shall provide the written demand letter for restitution. Haw. Code R. § 17-604.1-28
[Eff 3/19/93; am 2/16/96; am and comp 24 2013] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §273.16(h) )