Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 649 - NOTICE OF ADVERSE ACTION › Subchapter 2 - SPECIFIC PROVISIONS FOR FOOD STAMPS › Section 17-649-9 - Exemptions from notice

Current through June, 2024
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.