Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 649 - NOTICE OF ADVERSE ACTION › Subchapter 1 - GENERAL PROVISIONS FOR FINANCIAL ASSISTANCE AND FOOD STAMPS › Section 17-649-3 - Notice of adverse action

Current through June, 2024
(a) Prior to the
				  action to reduce, terminate, suspend, withhold, or change the manner or form of
				  payment to protective or vendor payment, except as provided in section
				  17-649-9, the branch shall provide the recipient with timely and adequate
				  notice before the adverse action is taken.
(b) The notice of adverse action shall be
				  considered timely when the branch mails the notice at least ten days prior to
				  the effective date of action. For the financial assistance programs, when the
				  department obtains facts indicating need for the action because of probable
				  fraud, the branch shall mail a written notice at least five days before the
				  effective date of action. If the notice period ends on a weekend or holiday and
				  a request for a hearing and continuation of benefits is received the day after
				  the weekend or holiday the request shall be considered timely.
(c) For the financial assistance programs,
				  timely notice shall not be required in the following circumstances but adequate
				  notice shall be sent not later than the date of action:
(1) The department has verified the death of
				  a recipient or of the AFDC payee and there is no relative available to serve as
				  new payee;
(2) The department
				  receives a clear written statement signed by a recipient that:
(A) The recipient no longer wishes
				  assistance; or
(B) Provides
				  information which necessitates termination or reduction of assistance and
				  indicates that the recipient under-stands the consequences of supplying the
				  information shall be reduction or termination of assistance;
(3) The recipient has been
				  admitted or committed to a public institution;
(4) The recipient has been placed under
				  skilled nursing care, intermediate care, or long-term
				  hospitalization;
(5) The
				  recipient's whereabouts are unknown and mail sent to the recipient has been
				  returned by the post office indicating no known forwarding address. When mail
				  is returned, both timely and adequate notice shall be issued only when the
				  recipient has provided the department with a new address. The returned
				  benefits, however, shall be released to the recipient if the recipient's
				  whereabouts become known during the payment period covered by the returned
				  benefits;
(6) The recipient has
				  been accepted for assistance in another state and this fact has been
				  established by the department;
(7)
				  The AFDC child has been removed from the home by judicial action or placed in
				  foster care by the parent or legal guardian;
(8) A special allowance granted for a
				  specific period is terminated and the recipient has been informed in writing at
				  the time allowance was made that the allowance would automatically terminate at
				  the end of the specified period;
(9) The department establishes protective or
				  vendor payments because of money mismanagement;
(10) A change in the level of medical care is
				  prescribed by the recipient's physician.
(11) The recipient has opted to participate
				  in grant plus and has agreed to the following:
(A) The payment of the financial assistance
				  to the employer for the employer's use in paying wages to the recipient;
				  and
(B) Accept $650 as the full
				  monthly assistance payment regardless of household size; or
(12) The grant plus recipient is
				  no longer participating in grant plus and the financial assistance payment is
				  restored to the standard of assistance for the applicable family
				  size.