Section 17-604.1-31 - Waiver of the administrative disqualification hearing(a) The department shall provide advance notice to the individual suspected of intentional program violation that he or she may waive rights to appear at an administrative disqualification hearing.(b) The advance notice shall include a statement informing the individual of: (1) The date that the signed waiver shall be received by the department and a signature block for the accused individual along with a statement that a caretaker relative shall also sign the waiver if the accused individual is not the caretaker relative, with an appropriately designated signature block;(2) A statement of the accused individual's right to remain silent concerning the charge(s) and that anything said or signed by the individual concerning the charge(s) may be used against the individual in a court of law;(3) The fact that waiver of the individual's right to appear at a disqualification hearing may result in a disqualification penalty and a reduction in the assistance payment for the appropriate period even if the accused individual does not admit to the facts as presented by the department; and(4) An opportunity for the accused individual to specify whether or not the individual admits to the facts as presented by the department.(c) When the individual waives the right to appear at a disqualification hearing, the disqualification and appropriate reduction of assistance shall result regardless of whether the individual admits or denies the charges.(d) The department shall send adequate written notice informing the individual of the period of disqualification which shall begin no later than the first day of the second month which follows the date of notice and the amount of payment the assistance unit will receive during the disqualification period.(e) If an individual whose case has been terminated waives the disqualification hearing rights, the disqualification period shall take effect from the month following the month the disqualification decision is rendered. Haw. Code R. § 17-604.1-31
[Eff 5/18/96; am 11/22/96; comp JUN 24 2013] (Auth: HRS § 346-14) (Imp: 45 C.F.R. §235.110 )