Section 17-647-36 - Delays in processing-determining cause If it appears that the branch will not be able to determine a household's eligibility and will not be able to provide an opportunity to participate within thirty days after the date the application was filed, the branch shall first determine the cause of the delay using the following criteria:
(1) A delay shall be considered the fault of the household if the household has failed to complete the application process even though the branch has taken all the action it is required to take to assist the household. The branch shall have taken the following actions and the household shall not have taken the appropriate counter actions for the household to have caused the delay: (A) For a household that has failed to complete the application form, the branch shall have offered, or attempted to offer, assistance in its completion;(B) If one or more members of the household have failed to register for work, the branch shall have informed the household of the need to register for work and shall have given the household at least ten days from the date of notification to register these members;(C) In cases where verification is incomplete, the branch shall have provided the household with a statement of required verification and offered to assist the household in obtaining the required verification and allowed the household sufficient time to provide the missing verification. Sufficient time shall be at least ten days from the date the branch initially made the request for the particular verification that was missing; or(D) For a household that has failed to appear for the initial interview, and a subsequent interview which was requested by the household is postponed at the household's request or the interview cannot otherwise be rescheduled until after the twentieth day but before the thirtieth day following the date the application was filed, the household shall appear for the interview, bring verification, and register members for work by the thirtieth day. If the household does not comply with the above procedures, the household shall be faulted for the delay. If the household has failed to appear for the initial interview and a subsequent interview which was requested by the household is postponed at the household's request until after the thirtieth day following the date the application was filed, the household shall be faulted for the delay;(2) If the branch fails to take action required in section 17-647-32(c)(1)(A), (B), (C), and (D), the branch shall be faulted for any delay in processings. Delays caused by the branch shall not be limited to these situations;(3) If by the thirtieth day, the branch cannot take further action on the application due to inaction on the part of the household, the household shall lose its entitlement to benefits for the month of application. The household shall be given an additional thirty days to take the required action. The branch shall send the household a notice of denial on the thirtieth day after the application was filed. If the household takes the required action within sixty days following the date the application was filed, the branch shall reopen the case without requiring a new application. The household's benefits shall be issued from the date the household completes the required action. No further action by the branch shall be required after the notice of denial is sent if the household fails to take the required action within sixty days following the date the application was filed;(4) If the household was at fault for the delay in the first thirty-day period, but is found to be eligible during the second thirty-day period, the branch shall provide benefits from the month following the month of application which shall be considered the initial month of application in accordance with chapter 17-681, and benefits shall be prorated from the date the household complied with the required actions as imposed by the branch. The household shall not be entitled to benefits for the month of application when the delay was caused by the household;(5) Whenever a delay in the initial thirty-day period is caused by the branch, the branch shall take immediate corrective action. Except as specified in chapter 17-655, the branch shall not deny the application if the branch caused the delay, but shall instead notify the household by the thirtieth day following the date the application was filed that the household's application is being held pending. The branch shall also notify the household of any action the household shall take to complete the application process. If the household is found to be eligible during the second thirty-day period, the household shall be entitled to benefits retroactive to the day of application. If the household is found to be ineligible, the branch shall deny the application.[Eff 3/19/93] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §273.2(h)(1), (2), (3) )