Section 17-649-9 - Exemptions from notice Under the following circumstances a notice of adverse action shall not be required:
(1) A mass change occurs;(2) The branch is notified by a reliable source of the death of all members of the household;(3) The branch is notified by a reliable source that the household has moved from the project area;(4) The household has been receiving an increased allotment to restore lost benefits, the restoration is complete, and the household was previously notified in writing of when the increased allotment would terminate;(5) The household's allotment varies from month to month during the certification period to take into account changes which were anticipated at the time of certification and the household was so notified at the time of certification;(6) The household jointly applied for food stamps and financial assistance, has been receiving food stamp allotment pending the approval of the financial assistance, and was notified at the time of certification that food stamp allotment would be reduced upon approval of the grant;(7) A household member is disqualified for intentional program violation, or the benefits of the remaining household members are reduced or terminated to reflect the disqualification of the household member. The notice requirements for individuals or households affected by intentional program violation disqualifications are specified in chapter 17-604.1;(8) Required verification to continue increase in benefits is not received, thus, the house-hold's benefit level shall be reduced to the original benefit level;(9) A household is converted from cash repayment or food stamp coupon repayment or both to allotment reduction as a result of failure to make agreed upon repayment;(10) The branch terminates the eligibility of a resident of a drug or alcoholic treatment center or a group living arrangement if the facility loses either its certification from the department or the state department of health, or has its status as an authorized representative suspended by FNS, disqualifying it as a retailer. Residents of group living arrangements applying on the residents' own behalf shall remain eligible to participate;(11) The branch has elected to assign a longer certification period to a household certified on an expedited basis and for whom verification was postponed, provided the household has received written notice that the receipt of benefits beyond the month of application is dependent on its providing the verification which was initially postponed and that the branch may act on verified information without further notice;(12) The household is required to monthly report and is subject to adequate notice requirements. However, for any changes reported outside of the monthly reporting system, a notice of adverse action is required prior to reducing or terminating the household's benefits;(13) The household voluntarily requests, in writing or in the presence of an eligibility worker, that its participation be terminated. If the household does not provide a written request, the branch shall send the household a letter confirming the voluntary withdrawal. Written confirmation does not entail the same rights as a notice of adverse action except that the household may request a hearing;(14) The branch determines, based on reliable information, that the household will not be residing in the project area and, therefore, will be unable to obtain its next allotment. The branch shall inform the household of its termination no later than its next scheduled issuance date. While the branch may inform the household before its next issuance date, the branch shall not delay terminating the household's participation in order to provide advance notice; or (15) The branch initiates recoupment of a claim as specified in section 17-683-52(d) against a household which has previously received a notice of adverse action with respect to such claim. [Eff 3/19/93; am 12/9/94] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §§273.13(b), 273.21(j)(3) )