Whenever an individual is determined ineligible within the household's certification period, the branch shall determine the eligibility or ineligibility of the remaining household members based, as much as possible, on information in the case file and the following action shall be required:
(1) If a household's benefits are reduced or terminated within the certification period because one of its members was excluded because of disqualification for intentional program violation, the branch shall notify the remaining members of their eligibility and benefit level at the same time the excluded member is notified of his or her disqualification. The household shall not be entitled to a notice of adverse action but may request a fair hearing to contest the reduction or termination of benefits, unless the household has already had a fair hearing on the amount of the claim as a result of consolidation of the administrative disqualification hearing with the fair hearing.(2) If a household's benefits are reduced or terminated within the certification period for reasons other than an intentional program violation disqualification, the branch shall issue a notice of adverse action which informs the household of the ineligibility, the reason for the ineligibility, the eligibility and benefit level of the remaining members, and the action the household must take to end the ineligibility.Haw. Code R. § 17-663-82.3
[Eff comp 11/19/05; am and comp OCT 07 2010] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §273.11(c)(4) )