Section 17-604.1-29 - Intentional program violation disqualification penalties(a) An individual who, on the basis of a plea of guilty or nolo' contendere or otherwise, is found to have committed an intentional program violation by an administrative disqualification hearing or by a court of appropriate jurisdiction shall be treated in the following manner: (1) The department shall not take the individual's needs into account when determining the assistance unit's need and amount of the assistance; and(2) Any resource and income of the disqualified individual shall be considered available to the assistance unit.(b) The individual's needs shall not be taken into account for:(1) Twelve months for the first violation;(2) Twenty-four months for the second violation; and(3) Permanently for the third or any subsequent violation.(c) Any period for which a disqualification penalty is imposed shall remain in effect, without possibility of an administrative stay, unless and until the finding upon which the penalty was based is subsequently reversed by a court of appropriate jurisdiction but in no event shall the duration of the period for which such penalty is imposed be subject to review.(d) Where an individual with a prior violation(s) moves from one state to another and has been found to have committed an intentional program violation(s) , the department may impose the penalty based on the number of such violations committed in other states.(e) The disqualification penalties shall be in addition to, and cannot be substituted for, any other sanctions or penalties which may be imposed by law for the same offenses.(f) The disqualification penalties imposed only affect the individual concerned and cannot substitute for other sanctions under the financial assistance program e.g., failure to participate in the work program or to cooperate in obtaining child support.Haw. Code R. § 17-604.1-29
[Eff 5/18/96; 11/22/96; am 9/26/97; am and comp JUN 24 2013] (Auth: HRS § 346-14) (Imp: 45 C.F.R. §235.110 )