Haw. Code R. § 17-684.1-50

Current through September, 2024

Section 17-684.1-50 - Disqualifications for voluntary quit or reduction in work effort

(a) If the department determines that a household member has voluntarily and without good cause quit a job or reduced work effort as specified in section 17-684.1-45, that individual shall be ineligible to participate in the food stamp program.

(b) In the case of an applicant household, the household member that quit a job or reduced work effort without good cause shall be denied and a disqualification imposed as follows:

(1) For the first violation, the individual shall be ineligible until the later of:

(A) The date the individual secures new gainful employment; or

(B) Thirty days from the date of quit or reduction of work effort.

(2) For the second violation, the individual shall be ineligible until the later of:

(A) The date the individual secures new gainful employment; or

(B) Ninety days from date of quit or reduction of work effort.

(3) For the third or subsequent violation, the individual shall be ineligible until the later of:

(A) The date the individual secures new gainful employment; or

(B) One hundred eighty days from the date of quit or reduction of work effort.

(c) The department shall provide an applicant household with a notice of denial when it is determined that a household member quit a job or reduced work effort. The notice shall inform the household of:

(1) The proposed period of disqualification;

(2) The right to reapply at the end of the disqualification period; and

(3) The right to a hearing.

(d) In the case of a participating household, the household member that quit a job or reduced work effort without good cause shall be disqualified as follows:

(1) For the first violation, the individual shall be ineligible until the later of:

(A) The date the individual secures gainful employment; or

(B) One month.

(2) For the second violation, the individual shall be ineligible until the later of:

(A) The date the individual secures gainful employment; 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 secures gainful employment; or

(B) Six months.

(e) The department shall provide a participating household with a notice of adverse action within ten days after a determination is made that a household member quit a job or reduced work effort without good cause. The notice shall inform the household of:

(1) The particular act of noncompliance committed;

(2) The proposed period of disqualification;

(3) The actions which may be taken to end or avoid the disqualification;

(4) The right to reapply at the end of the disqualification period; and

(5) The right to a hearing.

(6) If a participating household's benefits are continued pending a hearing and the department determination is upheld, the disqualification period shall begin the first of the month after the hearing decision is rendered.

(f) If the member who voluntarily quit or reduced work effort joins another household, the individual shall continue to be ineligible in the new household for the remainder of their disqualification period as specified in subsection (b) or (d).

(g) The income and resources of an individual made ineligible shall be handled in accordance with section 17-663-82.

(h) 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. § 17-684.1-50

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