reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 2 - FINANCIAL ASSISTANCE AND SUPPORT SERVICES PROVISIONS › Section 17-602.1-9 - Denial or dismissal of a request for a hearing

Current through June, 2024
(a) A
				  hearing shall not be granted by the department when either federal or state law
				  requires automatic grant adjustment for classes of recipients unless the appeal
				  is for incorrect grant computation.
(b) A hearing shall not be granted by the
				  department when the claimant has withdrawn the request in writing. Where the
				  claimant verbally reports a desire to withdraw the hearing request, the
				  claimant shall be advised that the withdrawal shall be submitted in writing. If
				  the claimant prefers, the department shall confirm the claimant's request to
				  withdraw in writing to the claimant.
(c) The branch shall determine whether the
				  request for hearing is based on action taken by the department as a result of
				  subsection (a). These requests shall be denied by the branch.
(d) A hearing shall not be granted by the
				  hearing officer when the claimant has abandoned the request. Abandonment occurs
				  when the claimant or the authorized representative, without good cause, fails
				  to appear at the hearing scheduled for the claimant.
(1) The hearing officer shall send the
				  claimant a letter stating that the appeal is considered abandoned unless there
				  was good cause for the claimant's failure to appear. The claimant shall be
				  notified that the request shall continue only if the claimant presents good
				  cause for the failure to appear and contacts the agency within ten calendar
				  days of the notice. If no reply is received within the ten calendar days, the
				  hearing request shall be considered abandoned. If the tenth day falls on a
				  weekend or holiday, the tenth day shall then be the working day after the
				  weekend or the holiday.
(2) Good
				  cause may be established on the basis of one of the following factors:
(A) Death in the family;
(B) Personal injury or illness which
				  reasonably prohibits the claimant from attending the hearing; or
(C) Sudden and unexpected
				  emergencies.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 2 - FINANCIAL ASSISTANCE AND SUPPORT SERVICES PROVISIONS › Section 17-602.1-10 - Payment status of financial assistance recipients pending hearing

Current through June, 2024
(a) Unless the provisions of subsection (b)
				  apply, no adverse action shall be taken until a hearing decision is rendered
				  when a signed written request for a hearing is received from a:
(1) Financial assistance recipient, subject
				  to reporting as described in chapter 17-650, if the request is received within
				  ten calendar days from the date of the notice of adverse action to be taken on
				  the basis of information obtained from the completed report. If the tenth day
				  falls on a weekend or holiday, the tenth day shall be the working day following
				  the weekend or holiday;
(2) General
				  Assistance (GA) or Assistance to the Aged, Blind, or Disabled (AABD) recipient
				  if the request is received within ten calendar days of the date of notice of
				  adverse action to be taken on the basis of information secured from sources
				  other than the report described in chapter 17-650. If the tenth day falls on a
				  weekend or holiday, the tenth day shall be the working day following the
				  weekend or holiday; or
(3)
				  Recipient of financial assistance other than GA or AABD, if the request is
				  received on or before the last day of the month preceding the effective month
				  of an adverse action to be taken on the basis of information secured from
				  sources other than the simplified report as described in chapter 17-650. The
				  provisions of this paragraph apply only to individuals entitled to timely
				  notice as specified in chapter 17-649. If the last day of the month falls on a
				  weekend or holiday, the last day shall be the working day following the weekend
				  or holiday.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 2 - FINANCIAL ASSISTANCE AND SUPPORT SERVICES PROVISIONS › Section 17-602.1-13 - The hearing

Current through June, 2024
(a) The hearing
				  shall include consideration of:
(1) Any
				  DHS-BESSD adverse action on a claim for financial assistance, or support
				  services which includes the DHS-BESSD's:
(A)
				  Failure to determine eligibility or make a payment within time limits set by
				  the specific public assistance programs;
(B) Refusal to consider a request for or
				  failure to make a payment adjustment within time limits set by the specific
				  public assistance programs; or
(C)
				  Discontinuance, termination, suspension, withholding, or reduction of the
				  assistance; and
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 2 - FINANCIAL ASSISTANCE AND SUPPORT SERVICES PROVISIONS › Section 17-602.1-14 - Group hearings

Current through June, 2024
A series of individual requests for a hearing may be
					 consolidated into a single group hearing when the sole issue involved is one of
					 state or federal law or policy, or changes in state or federal law. Each
					 individual shall be permitted to present the individual's own case or be
					 represented by an authorized representative.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 2 - FINANCIAL ASSISTANCE AND SUPPORT SERVICES PROVISIONS › Section 17-602.1-15 - Hearing involving medical issues

Current through June, 2024
When the hearing involves medical issues such as issues
					 concerning a diagnosis, an examining physician's report, or a medical review
					 team's decision, the hearing officer may require an additional medical
					 assessment of the claimant. The assessment shall be conducted by someone other
					 than the persons involved in making the original decision. The additional
					 medical assessment shall be obtained at DHS-BESSD expense and shall be made
					 part of the record.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 2 - FINANCIAL ASSISTANCE AND SUPPORT SERVICES PROVISIONS › Section 17-602.1-16 - Hearing decision

Current through June, 2024
(a) All matters
				  relating to the hearing shall be heard and disposed of within ninety calendar
				  days from the date of request for a hearing except when the hearing is
				  continued or the record is held open as specified in section 17-602.1-13(f).
				  The time limit shall be extended only for the period of the
				  continuance.
(b) Unless the record
				  is held open for additional documentary evidence, after closing the hearing,
				  the hearing officer shall prepare the decision in writing. The decision shall
				  contain a statement concerning the claimant's right to judicial review, the
				  reasons for the decision, the evidence, and the rules supporting the decision.
				  A copy of the written decision shall be provided the claimant or the authorized
				  representative and the branch.
(c)
				  The transcript, recording, or an official record containing the substance of
				  the hearing proceedings, together with all papers filed in the proceeding and
				  the hearing officer's decision shall constitute the exclusive record and shall
				  be maintained in the hearing office. The record shall be made available to the
				  claimant or the authorized representative during normal business hours through
				  the hearing office.
(d) The branch
				  shall comply with the hearing decision immediately upon receipt of the
				  decision.
(1) When the hearing decision is
				  favorable to the claimant, the branch shall promptly make necessary corrective
				  payments, retroactive to the date the incorrect action was taken, and shall
				  notify the hearing office, in writing, of the action and the date the action
				  was taken.
(2) If the hearing
				  decision is in favor of the claimant on the issue involved but, for technical
				  reasons such as computer problems, immediate corrective payments are not made,
				  the notice to the hearing officer shall include a statement of why the branch
				  could not immediately comply with the decision.
(3) The hearing officer shall review the
				  notice to assure that the branch has correctly complied with the
				  decision.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 2 - FINANCIAL ASSISTANCE AND SUPPORT SERVICES PROVISIONS › Section 17-602.1-17 - Decisions pending over ninety days

Current through June, 2024
(a) When a final
				  decision has not been made and implemented within ninety calendar days of the
				  request, the department shall restore any amount by which the individual's
				  monthly assistance had been reduced, grant any assistance which had been
				  denied, or restore or grant any service which was reduced or denied, if the
				  individual is not already receiving aid paid pending. When the hearing decision
				  is pending over ninety days, aid paid shall be determined in accordance with
				  subsections (d) and (e).
(b) The
				  hearing officer shall notify the eligibility worker or support services worker
				  orally on the ninety-first day when a final decision is not reached within
				  ninety days. If the ninety-first day falls on a weekend or holiday, the
				  ninety-first day shall then be the working day following the weekend or
				  holiday. A written confirmation shall be sent within three working
				  days.
(c) In situations where a
				  claimant has requested or is otherwise responsible for a delay in the hearing
				  process, the time period shall be tolled only for the period of the
				  delay.
(d) The eligibility or
				  support services worker shall review current need and eligibility factors
				  exclusive of the issue on appeal. If the claimant is found to be currently
				  eligible, the amount of help by which the monthly assistance was reduced or
				  denied shall be restored or provided from the ninety-first day within five
				  working days after oral notice is received from the hearing officer. The
				  following action shall be taken to restore the assistance or support services:
(1) When assistance is denied or payment
				  terminated, the amount of assistance shall be determined as follows:
(A) When the ninety-first day is between the
				  first and fifteenth day of the month, the monthly financial assistance payment
				  shall be provided; or
(B) When the
				  ninety-first day is between the sixteenth and the end of the month, one-half
				  the monthly financial assistance payment shall be provided;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 2 - FINANCIAL ASSISTANCE AND SUPPORT SERVICES PROVISIONS › Section 17-602.1-18 - Recovery of aid paid pending

Current through June, 2024
(a) Aid paid
				  pending a hearing decision from the date aid paid pending begins through the
				  ninetieth day shall be recoverable by the department if the department's action
				  is sustained. The overpayment provisions of chapter 17-683 shall
				  apply.
(b) If, for reasons other
				  than a settlement negotiated by the state attorney general's office, the
				  individual withdraws or abandons the request as specified in section
				  17-602.1-9, the department shall recover the aid paid pending the hearing
				  decision.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-23 - Definitions

Current through June, 2024
As used in this subchapter:
"Documentary evidence" means material contained or
					 certified in writing that tends to establish the truth or falsity of the matter
					 in issue.
"Hearing request" means any clear expression, oral or
					 written, by the household or its authorized representative to the effect that
					 it wishes to appeal a decision or that an opportunity to present its case to a
					 higher authority is desired.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-24 - Basis for hearings

Current through June, 2024
(a) A household
				  which feels aggrieved by any branch action which affects the household's
				  participation in the food stamp program (FSP) may request a hearing. The
				  request may be made orally or in writing by a household member, the household's
				  authorized representative, or some other person acting on the household's
				  behalf, such as a legal representative, relative, or friend.
(b) The branch shall not limit or interfere
				  with the household's right to request a hearing in any way.
(c) Hearing requests may be made on
				  occasions, including but not limited to the following, when the household has:
(1) Been denied the opportunity to complete
				  an application for food stamps;
(2)
				  Completed an identifiable application but has not received a decision regarding
				  eligibility within thirty days of the receipt of the application;
(3) Been denied food stamps but feels that
				  the household is eligible;
(4)
				  Received notice that its food stamps have been, or may be, reduced or
				  terminated;
(5) Been notified of
				  entitlement to restoration of benefits lost within the previous twelve months
				  and disagrees with the amount of entitlement; or
(6) Disagrees with the amount of the
				  fraudulent claim.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-25 - Notification of right to request hearings

Current through June, 2024
(a) At the time of
				  application, each household shall be informed in writing of its right to a
				  hearing, of the method by which a hearing may be requested, and that its case
				  may be presented by a household member or a representative, such as a legal
				  counsel, a relative, a friend, or other spokesperson.
(b) In addition, at any time the household
				  expresses to the branch that it disagrees with a department action, the
				  household shall be reminded of the right to request a hearing.
(c) If there is an individual or organization
				  available that provides free legal representation, the household shall also be
				  informed of the availability of that service.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-26 - Time period for requesting hearing

Current through June, 2024
A household shall be allowed to request a hearing on any
					 action by the branch or loss of benefits which occurred in the prior ninety
					 days. Action by the branch shall include a denial of a request for restoration
					 of any benefits lost more than ninety days but less than a year prior to the
					 request. A household may also contact the branch at any time and request that
					 the household's case file be reviewed to determine if a loss of benefits
					 occurred within the past twelve months. If there is a disagreement between the
					 branch and the household regarding the amount of lost benefits, the household
					 shall have ninety days from that date to request a hearing. The request for
					 hearing shall be based upon the disagreement resulting from the findings of the
					 case file review. The hearing decision may rule on losses more than ninety days
					 prior to the request for hearing. In addition, at any time within the
					 certification period a household may request a hearing to dispute its current
					 level of benefits.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-27 - Timely action on hearings

Current through June, 2024
(a) Within sixty
				  days of receipt of a request for a hearing, the department shall conduct the
				  hearing, make a decision, and notify the household and branch of the
				  decision.
(b) Decisions which
				  result in an increase in household benefits shall be reflected in the [coupon]
				  allotment within ten days of the receipt of the hearing decision even if the
				  branch must provide a supplementary ATP card or otherwise provide the household
				  with an opportunity to obtain the allotment outside of the normal issuance
				  cycle.
(c) The branch may take
				  longer than ten days to implement the decision if it elects to make the
				  decision effective in the household's normal issuance cycle within sixty days
				  from the household's request for the hearing.
(d) Decisions which result in a decrease in
				  household benefits shall be reflected in the next issuance following receipt of
				  the hearing decision.
(e) The
				  household may request and is entitled to receive a postponement of the
				  scheduled hearing. The postponement shall not exceed thirty days and the time
				  for action on the decision shall be extended for as many days as the hearing is
				  postponed.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-28 - Prehearing conference

Current through June, 2024
(a) The household
				  shall be informed of its right to a prehearing conference with branch staff and
				  of its right to a hearing if the household disagrees with the branch's plan to
				  reduce, terminate, or deny benefits.
(b) The household or its authorized
				  representative shall be notified of the time and place of the
				  conference.
(c) During the
				  conference, the household or its authorized representative shall have the
				  opportunity to discuss the situation, receive additional explanation of the
				  reasons for the proposed action, and present any information the household
				  feels would support its position that the action should not be taken.
(d) The branch may be represented by the
				  eligibility worker responsible for the branch's action, and a supervisor or the
				  branch administrator shall attend the conference.
(e) If the branch determines the proposed
				  action was in error, appropriate steps shall be taken to continue assistance in
				  the correct amount or to establish eligibility.
(f) A household that requests a conference
				  shall be advised that the conference is optional and that the conference does
				  not in any way delay or replace the hearing process.
(g) Although a prehearing conference may lead
				  to an informal resolution of the dispute, a hearing shall still be held unless
				  the household makes a written withdrawal of its request for a
				  hearing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-29 - Expedited hearing and conference

Current through June, 2024
(a) The department
				  shall expedite hearing requests from a household, where a decision must be
				  reached before it normally would be. Hearing requests from the household shall
				  be processed faster than others if necessary.
(b) A prehearing conference for a household
				  contesting a denial of expedited service under chapter 17-647 shall be
				  scheduled within two working days, unless the household requests that the
				  conference be scheduled later or states that the household does not wish to
				  have a prehearing conference.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-30 - Assistance with hearing processing

Current through June, 2024
(a) When the
				  household requests material to determine whether a hearing should be requested,
				  the household's request may be in writing or may be oral.
(b) Upon oral or written request for a
				  hearing, the branch shall make available without charge, the specific materials
				  necessary for a household or its representative to prepare for a hearing.
(1) When a nonhousehold member who is not the
				  household's legal or authorized representative requests relevant material on
				  behalf of the household to assist the household in preparing for a hearing, the
				  branch shall contact the household to verify whether the household has asked
				  the person to make this request if there is no signed consent by the
				  household.
(2) The branch or any
				  other designated department representative shall determine which contents of
				  the case file materials are relevant to the hearing and the relevant materials
				  shall be copied and supplied to the household or its representative.
(3) Relevant case file materials include the
				  application form and documents of verification used by the branch in
				  determining eligibility.
(4)
				  Confidential information which is protected from release shall not be copied or
				  supplied to the household or its representative. Confidential information
				  includes, but is not limited to:
(A) The
				  names of individuals who have disclosed information about the household without
				  its knowledge; and
(B) The nature
				  or status of pending criminal prosecutions.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-31 - The hearing request

Current through June, 2024
(a) When the
				  household directs its request for a hearing to the branch, the request shall be
				  forwarded immediately to the hearing office. The information forwarded shall
				  include:
(1) Name and address of the
				  household;
(2) Name and address of
				  legal counsel or other representative;
(3) Date of request;
(4) Category and case number; and
(5) A brief statement outlining the reasons
				  for the request.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-32 - Branch prehearing preparation

Current through June, 2024
(a) The branch
				  shall submit to the hearing office a completed branch report which summarizes
				  prehearing information within two weeks after receiving a hearing
				  request.
(b) The branch may arrange
				  an interview with the household as soon as possible after the hearing request
				  is received if the protest being made is not clear. However, the branch shall
				  not require the household to have the interview.
(c) The report shall be completed from the
				  case file information and information supplied at the initial hearing
				  request.
(d) When a household is in
				  the process of transferring from one branch to another, the branch serving the
				  area in which the household is residing shall prepare the report and shall
				  represent the transferring branch in the hearing.
(e) The report shall state the branch's
				  position in the action being protested. The report shall be completed in all
				  areas relating to the issue in controversy. A copy of the report shall be sent
				  to the household.
(1) Any information made
				  available to the hearing officer either from the case file or from other
				  sources shall also be made available to the household.
(2) The report shall not contain speculative
				  or subjective statements and shall be prepared in a manner that will be useful
				  to the household in preparing for the hearing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-33 - Denial or dismissal of hearing requests

Current through June, 2024
The branch shall not deny or dismiss a request for a
					 hearing unless:
(1) The request is not
				  received in the time period specified in section 17-602.1-26;
(2) The request is withdrawn in writing by
				  the household or its representative. When the household or its representative
				  has withdrawn the hearing request, the branch shall forward the request to the
				  hearing officer immediately. A copy of the withdrawal request shall be put in
				  the case record. If the household directs the withdrawal to the department, the
				  hearing officer shall notify the branch immediately;
(3) The household or its representative
				  fails, without good cause, to appear at the scheduled hearing; or
(4) The household or its representative
				  orally withdraws the request. The branch may discuss this option with the
				  household when it appears that the branch and household have resolved issues
				  related to the hearing. The branch is prohibited from coercion or actions which
				  would influence the household or its representative to withdraw the household's
				  hearing request. The branch shall provide a written notice to the household
				  within ten days of the household's request confirming the withdrawal request
				  and providing the household with an opportunity to request a hearing. The
				  written notice shall advise the household it has ten days from the date it
				  receives the notice to advise the branch of its desire to request, or
				  reinstate, the hearing. If the household timely advises the branch that it
				  wishes to reinstate the hearing, the department must provide the household with
				  a hearing, within the time frames specified in section 17-602.1-27 and
				  beginning the date the household advises the branch that it wishes to reinstate
				  its request. The branch must reinstate a hearing as requested from a household
				  at least once. The branch must not deny a household's request for a hearing if
				  the household is aggrieved by a branch action that differs from the reinstated
				  action.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-34 - Participation during the appeal

Current through June, 2024
(a) If a household
				  requests a hearing and a continuation of benefits within the period provided by
				  the notice of adverse action as specified in subsection (b), and the
				  household's certification period has not expired, the household's participation
				  in the program shall be continued on the basis authorized immediately prior to
				  the sending of the notice of adverse action unless the household specifically
				  waives continuation of benefits or the basis of the branch's action was that:
(1) The household failed to file a completed
				  report described in chapter 17-650 and the household admits it did not submit a
				  completed report described in chapter 17-650; or
(2) The hearing is with regard to termination
				  for nonreceipt of the report described in chapter 17-650 by the branch which
				  the household claims to have submitted and the household does not file a new
				  complete report as described in 17-650 for the time period in
				  question.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-35 - Reduction or termination prior to hearing decision

Current through June, 2024
(a)
				  Once continued, benefits shall not be reduced or terminated prior to a hearing
				  decision except where:
(1) The certification
				  period expires and the household then may reapply and may be determined
				  eligible for a new certification period with a benefit amount determined by the
				  branch;
(2) The hearing officer
				  makes a preliminary determination that the sole issue is one of federal law,
				  rule, or policy, and that the household's claim that the branch improperly
				  computed the benefits or misinterpreted or misapplied the law, rule, or policy
				  is not valid;
(3) There is a
				  subsequent change in circumstances affecting the household's eligibility or
				  basis of issuance while the hearing decision is pending, and the household
				  fails to request a hearing and continuation of benefits when the adverse action
				  notice is received;
(4) A mass
				  change occurs affecting the household's eligibility or basis of issuance while
				  the hearing decision is pending; or
(5) A household required to report as
				  described in chapter 17-650 fails to file a completed report by the branch's
				  deadline.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-36 - The hearing

Current through June, 2024
(a) The hearing
				  officer shall have the sole authority to conduct the hearing, and shall do so
				  according to department rules.
(b)
				  The hearing shall provide the household adequate opportunity to:
(1) Call witnesses;
(2) Present all evidence to establish all
				  pertinent facts and circumstances in the case without interference;
(3) Confront and cross examine witnesses at
				  the hearing;
(4) Question or refute
				  any testimony or evidence;
(5)
				  Present evidence in rebuttal; and
(6) Advance arguments without interference.
				  The person representing the branch has the same rights afforded the
				  household.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-37 - The hearing officer

Current through June, 2024
(a) Hearings shall
				  be conducted by an impartial officer who:
(1)
				  Does not have any personal stake or involvement in the case;
(2) Was not directly involved in the initial
				  determination of the action which is being contested; and
(3) Was not the immediate supervisor of the
				  eligibility worker who took the action.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-38 - Persons who may attend the hearing

Current through June, 2024
(a) The following
				  persons shall attend the hearing:
(1) The
				  hearing officer;
(2) The household
				  and its representatives;
(3) A
				  person charged with recording the proceedings;
(4) The branch representative; and
(5) Attorneys assigned to the
				  department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-39 - The branch representative

Current through June, 2024
(a) The branch
				  administrators shall attend the hearing or shall appoint another staff member
				  to represent the branch.
(b) The
				  branch representative shall be familiar with the facts and issues of the case
				  which form the basis for the household's protest. The branch representative
				  shall bring other branch staff and witnesses who have direct knowledge of the
				  case and shall bring documents which support the branch action.
(c) The branch representative shall have
				  authority to act for the branch in making decisions during the hearing which
				  may have an effect upon the hearing final order.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-40 - Conduct of the hearing and the household's rights

Current through June, 2024
(a)
				  The household or its representative shall be given adequate opportunity to
				  examine all documents and records to be used at the hearing at a reasonable
				  time before the date of the hearing as well as during the hearing.
(b) The contents of the case file, including
				  the application form and documents of verification used by the branch to
				  establish the household's ineligibility or eligibility and allotment, shall be
				  made available, provided that confidential information is not
				  disclosed.
(c) If requested by the
				  household or its representative, the branch shall provide free copies of the
				  relevant portions of the case file. Confidential information and other
				  documents or records which the household shall not have an opportunity to
				  contest or challenge shall not be presented at the hearing and shall not affect
				  the hearing officer's decision.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-41 - The hearing decision

Current through June, 2024
(a) Decisions of
				  the hearing officer shall comply with federal laws, rules, or policy and shall
				  be based upon the hearing record. The verbatim transcript or recording of
				  testimony and exhibits, or an official reporting containing the substance of
				  what transpired at the hearing, together with all papers and requests filed in
				  the proceeding, shall be retained for three years from the month of origin and
				  shall constitute the exclusive record for the rendering of a final hearing
				  decision. The record shall also be available, for copying and inspection, to
				  the household or its representative at any reasonable time.
(b) A decision by the hearing authority shall
				  be binding upon the branch and shall summarize the facts of the case, specify
				  the reasons for the decision, and identify the supporting evidence and the
				  pertinent FNS rules or policy. The decision shall become a part of the
				  record.
(c) The household and the
				  branch shall each be notified in writing of:
(1) The decision;
(2) The reasons for the decision;
(3) The available appeal rights;
(4) That the household's benefits shall be
				  issued or terminated as decided by the hearing authority; and
(5) That an appeal request may result in a
				  reversal of the decision.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-42 - Appeal rights of the household

Current through June, 2024
The household has the right to appeal an adverse hearing
					 decision to a court. After a hearing decision which upholds the branch action,
					 the household shall be notified of the right to pursue judicial review with the
					 circuit court.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-43 - Branch action on the hearing decision

Current through June, 2024
The branch shall be responsible for ensuring that all
					 final hearing decisions are reflected in a household's allotment within the
					 time limits specified in section
					 17-602.1-27.
(1) When the hearing officer determines that
				  a household has been improperly denied program benefits or has been issued less
				  allotment than was due, lost benefits shall be provided to the household as
				  specified in chapter 17-683.
(2)
				  The branch shall restore benefits to a household which is leaving the project
				  area before departure, whenever possible. If benefits are not restored prior to
				  the household's departure, the branch shall give the household a form with the
				  amount of entitlement to deliver to the new project area or forward the form to
				  the new project area, if the new project area is known.
(3) When the hearing officer upholds the
				  branch's action, a claim against the household for any overpayment shall be
				  prepared.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-44 - Review of hearing final decisions

Current through June, 2024
The department shall periodically monitor samples of
					 decisions to assure that the recommendations and proposed decisions are in
					 accordance with federal law, rules, or policy. If the department finds that a
					 recommendation or proposed decision runs counter to federal law, rules, or
					 policy, the department's objections and recommendations shall be filed in a
					 report to the hearing officer and a copy of the report shall be forwarded to
					 FNS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 3 - FOOD STAMP PROVISIONS › Section 17-602.1-45 - Consolidated hearings

Current through June, 2024
(a) The hearing
				  officer may respond to a series of individual requests for hearings by
				  conducting a single group hearing. The hearing officer may consolidate cases
				  where individual issues of fact are not disputed and where related issues of
				  state law, federal law, or both, are the sole issues being raised. In all group
				  hearings, the rules governing individual hearings shall be followed. Each
				  individual household shall be permitted to present its own case or shall have
				  the case presented by a representative.
(b) A hearing and an administrative
				  disqualification hearing may be combined into a single hearing if the factual
				  issues arise out of the same, or related circumstances and the household
				  receives prior notice that the hearings will be combined. If the hearing and
				  administrative disqualification hearing are combined, the timeliness standards
				  for conducting administrative disqualification hearings shall be followed.
(1) If the hearings are combined for the
				  purpose of settling the amount of the claim at the same time as determining
				  whether or not intentional program violation has occurred, the household shall
				  lose its right to a subsequent hearing on the amount of the claim.
(2) The department, upon request of the
				  household, shall allow the household to waive the thirty day advance notice
				  period required for disqualification hearings when the disqualification hearing
				  and hearing are combined.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 603 - AVAILABILITY AND COST OF DEPARTMENT PROGRAM MANUALS › Section 17-603-2 - Definitions

Current through June, 2024
As used in this chapter: "Custodian" means any organization
				  or individual, not a public agency or officer, responsible for centrally
				  locating the program manuals and making the manuals publicly accessible to a
				  substantial number of the welfare recipient population served. The agencies and
				  organizations shall accept responsibility for filing all amendments and changes
				  forwarded by the department.
"Program offices" means the state offices of financial
				  assistance program (FAP), food stamp program (FSP) and employment and child
				  care program (ECCP) which administer the public welfare programs for financial
				  assistance, food stamps, and support services.
"Program manuals" means the rules of the department on file
				  with the Lt. Governor's office and procedures which are used by the eligibility
				  or support services worker to determine the eligibility of an applicant or
				  recipient.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 603 - AVAILABILITY AND COST OF DEPARTMENT PROGRAM MANUALS › Section 17-603-3 - Availability of program manuals

Current through June, 2024
(a) The program
				manuals shall be made available to interested individuals and organizations for
				review, study, or reproduction on regular work days during regular office
				hours.
(b) Custodians shall make
				the program manuals available for public review.
(c) The program manuals shall be available
				upon request through the following:
(1)
				Program offices;
(2) Branch
				administrators' offices and the section administrators' offices for financial
				assistance, food stamps, and support services programs; and
(3) Unit offices on each island for their
				respective programs.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 603 - AVAILABILITY AND COST OF DEPARTMENT PROGRAM MANUALS › Section 17-603-4 - Cost of program manuals

Current through June, 2024
(a) The department
				shall deposit, without charge, seven copies of the program manual of rules of
				the department with the state publications distribution center and one copy
				with the University of Hawaii.
(b)
				Upon request once an appeal has been filed, copies of specific sections of the
				program manuals relating to the appeal issues shall be provided without charge
				to the individual filing the appeal or the individual's legal representative to
				prepare for the hearing.
(c) Upon
				request, copies of the program manuals shall be provided without charge to
				state or county agencies and officers.
(1)
				State or county agencies or officers entitled to a free copy of the
				department's program manuals shall be placed on the mailing list of the
				department's, program offices, for the additional issuances of the rules and
				procedures.
(2) State or county
				agencies or officers placed on the mailing list shall be responsible to notify
				the program offices, for any reason, when the issuances are no longer
				needed.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 604.1 - FRAUD PROVISIONS › Subchapter 1 - PURPOSE AND DEFINITIONS › Section 17-604.1-1 - Purpose

Current through June, 2024
The purpose of this chapter is to define conditions under
					 which the department will investigate suspected fraud in financial assistance,
					 social services and supplemental nutrition assistance program
					 cases.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 604.1 - FRAUD PROVISIONS › Subchapter 2 - FINANCIAL ASSISTANCE, MEDICAL ASSISTANCE, SOCIAL SERVICES PROVISIONS › Section 17-504.1-3 - Investigation of suspected fraud

Current through June, 2024
(a) The department
				  shall identify situations of suspected fraud such as but not limited to a
				  recipient's receiving financial assistance or social services to which the
				  individual is not entitled through the wilful misrepresentation of
				  circumstances or intentional concealment of information.
(b) The department shall investigate
				  suspected fraud and refer these cases to law enforcement officials.
(c) The methods of investigation shall not
				  infringe on the legal rights of the persons involved and shall afford these
				  individuals due process of law.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 604.1 - FRAUD PROVISIONS › Subchapter 2 - FINANCIAL ASSISTANCE, MEDICAL ASSISTANCE, SOCIAL SERVICES PROVISIONS › Section 17-604.1-4 - Penalty

Current through June, 2024
The department may initiate prosecution of an individual
					 suspected of fraud. In addition, the individual may be subject to any other
					 criminal, civil, or administrative sanction authorized bylaw.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 604.1 - FRAUD PROVISIONS › Subchapter 3 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM GENERAL PROVISIONS › Section 17-604.1-8 - Penalties

Current through June, 2024
Any unauthorized issuance, redemption, use, transfer,
					 acquisition, alteration, possession, or presentation of coupons or ATP cards,
					 EBT cards or other access device may subject any individual, partnership,
					 corporation, or other legal entity to prosecution under the Food Stamp Act of
					 1977, as amended, or under any other applicable federal, state, or local law,
					 regulation, or ordinance.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 604.1 - FRAUD PROVISIONS › Subchapter 3 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM GENERAL PROVISIONS › Section 17-604.1-9 - Intentional program violation disqualification penalties

Current through June, 2024
(a)
				  Individuals found by an administrative disqualification hearing or by a
				  federal, state or local court to ,have committed an intentional program
				  violation or who have signed either a waiver of right to an administrative
				  disqualification hearing or a disqualification consent agreement in cases
				  referred for prosecution shall be ineligible to participate in the program for:
(1) One year for the first violation, except
				  as provided in subsections (b) and (c);
(2) Two years for the second violation,
				  except as provided in subsections (b) and (c); and
(3) Permanently for the third
				  violation.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 604.1 - FRAUD PROVISIONS › Subchapter 3 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM GENERAL PROVISIONS › Section 17-604.1-10 - Administrative disqualifications

Current through June, 2024
(a) The branch
				  shall refer to the investigations office cases in which the branch has
				  sufficient documentary evidence to substantiate that an individual has
				  committed one or more acts of intentional program violation. The investigations
				  office shall be responsible for investigating any case of alleged intentional
				  program violation, and ensuring that appropriate cases are acted upon either
				  through administrative disqualification hearings or referral to a court of
				  appropriate jurisdiction. If the department does not initiate administrative
				  disqualification procedures or refer for prosecution a case involving an
				  overissuance caused by a suspected act of intentional program violation, the
				  department shall take action to collect the overissuance by establishing an
				  inadvertent household error claim against the household. The department shall
				  conduct administrative disqualification hearings:
(1) In cases in which the branch believes the
				  facts of the individual case do not warrant civil or criminal prosecution
				  through the appropriate court system; or
(2) In cases previously referred for
				  prosecution that were declined by the appropriate legal authority;
				  and
(3) In previously referred
				  cases where no action was taken within a reasonable period of time and the
				  referral was formally withdrawn by the branch.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 604.1 - FRAUD PROVISIONS › Subchapter 3 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM GENERAL PROVISIONS › Section 17-604.1-11 - Reversed intentional program violation disqualifications

Current through June, 2024
In cases where the determination of an intentional program
					 violation is reversed by a court of appropriate jurisdiction, the branch shall
					 reinstate the individual in the SNAP if the individual is eligible. The branch
					 shall restore any benefits that were lost as a result of the disqualification
					 in accordance with the procedures specified in section
					 17-683-17.