Haw. Code R. § 17-684.1-19

Current through September, 2024
Section 17-684.1-19 - Failure to comply with work requirements
(a) A household member who refuses or fails without good cause to comply with the requirements of this chapter, shall be ineligible to participate in the food stamp program.
(b) For applicant households, the individual determined ineligible shall be denied food stamp eligibility and shall be disqualified as follows:
(1) For the first violation, the individual shall be ineligible until the later of:
(A) The date the individual complies with the work requirement; or
(B) Thirty days from the date of application.
(2) For the second violation, the individual shall be ineligible until the later of:
(A) The date the individual complies with the work requirement; or
(B) Ninety days from the date of application.
(3) For the third or subsequent violation, the individual shall be ineligible until the later of:
(A) The date the individual complies with the work requirements; or
(B) One hundred eighty days from the date of application.
(c) For participating households, the individual determined ineligible shall be disqualified as follows:
(1) For the first violation, the individual shall be ineligible until the later of:
(A) The date the individual complies with the work requirement; or
(B) One month.
(2) For the second violation, the individual shall be ineligible until the later of:
(A) The date the individual complies with the work requirement; or
(B) Three months.
(3) For the third or subsequent violation, the individual shall be ineligible until the later of:
(A) The date the individual complies with the work requirement; or
(B) Six months.

The disqualification period shall begin with the first month following the expiration of the adverse notice period, unless a fair hearing is requested.

(d) If the member who failed to comply joins another household, the individual shall continue to be ineligible in the new household for the remainder of their disqualification period as specified in subsections (b)or (c).
(e) The income and resources of a disqualified individual shall be handled in accordance with section 17-663-82.
(f) When the department determines that a work registrant failed to comply with a food stamp work requirement, the department shall provide the household with written notification. The notification shall include:
(1) The particular act of noncompliance committed;
(2) The proposed period of disqualification;
(3) That the individual may reapply at the end of the disqualification period; and
(4) The action that can be taken to end the disqualification.
(g) In order to determine the appropriate disqualification period, the individual's entire history of disqualifications for noncompliance with any work requirement specified in subchapters 2, 3, or 4 shall be considered.

Haw. Code R. § 17-684.1-19

[Eff 1/17/08] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §273.7(f) )