reglab/statecodes huggingface dataset:
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 17-604.1-12 - Reporting requirement

Current through June, 2024
(a) The department
				  shall submit the required information on each individual disqualified for
				  intentional program violation through a reporting system in accordance with
				  procedures specified by FNS so that it is received by FNS no later than thirty
				  days after the disqualification took effect.
(b) All the data submitted by state agencies
				  shall be available for use by any state welfare agency.
(1) The department, at a minimum, shall use
				  the data for the following purposes:
(A) To
				  determine the eligibility of individual program applicants prior to
				  certification in cases where the branch has reason to believe a household
				  member is subject to disqualification in another political jurisdiction;
				  and
(B) To ascertain the
				  appropriate penalty to impose, based upon past disqualifications, in a case
				  under consideration.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 604.1 - FRAUD PROVISIONS › Subchapter 4 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM ADMINISTRATIVE DISQUALIFICATION HEARINGS › Section 17-604.1-16 - Disqualification hearing procedures

Current through June, 2024
(a) Once the
				  investigations office decides to initiate a disqualification hearing, the
				  hearing office shall be notified.
(b) At the disqualification hearing, the
				  hearing official shall advise the household member or representative that they
				  may refuse to answer questions during the hearing.
(c) Within ninety days of the date the
				  household member is notified in writing that the hearing has been scheduled,
				  the hearing office shall conduct the hearing, arrive at a decision, and notify
				  the household member and the branch of the decision. The household member or
				  its representative shall be entitled to a postponement of the scheduled
				  hearing, provided that the request for postponement is made at least ten days
				  in advance of the date of the scheduled hearing. However, the hearing shall not
				  be postponed for more than a total of thirty days and the number of
				  postponements shall be limited to one. if the hearing is postponed, the time
				  limits shall be extended for as many days as the hearing is
				  postponed.
(d) The department shall
				  make written procedures for disqualification hearings available to any
				  interested party.
(e) The hearing
				  officer shall schedule a hearing and shall provide a written notice to the
				  household member suspected of intentional program violation at least thirty
				  days in advance of the scheduled hearing. If mailed, the notice shall be sent
				  either first class mail or certified mail-return receipt requested. The notice
				  may also be provided by any other reliable method. If the notice is sent using
				  first class mail and is returned as undeliverable, the hearing may still be
				  held. If no proof of receipt is obtained and a timely showing of non-receipt,
				  as defined in section 17-604.1-17(e), is received from the individual, the
				  department shall consider the following circumstances as good cause for not
				  appearing at the hearing:
(1) The
				  individual's current address was known by the department but the department
				  incorrectly sent the notice to an old address;
(2) There is a breakdown in postal service,
				  such as but not limited to the postmark date of the notice is after the hearing
				  date; or
(3) There is a sudden or
				  unexpected emergency due to an unforseen circumstance that makes contact with
				  the individual difficult, such as but not limited to a natural disaster or the
				  individual is incapacitated for an extended period.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 604.1 - FRAUD PROVISIONS › Subchapter 4 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM ADMINISTRATIVE DISQUALIFICATION HEARINGS › Section 17-604.1-17 - Scheduling of hearing

Current through June, 2024
(a) The hearing
				  shall be scheduled at a time and place accessible to the household member
				  suspected of intentional program violation.
(b) If the household member or its
				  representative cannot be located or fails to appear at the hearing without good
				  cause, the hearing shall be conducted without representation of the household
				  member.
(c) Although the household
				  member is not present, the hearing officer shall carefully consider the
				  evidence and determine whether an intentional program violation was committed
				  based upon clear and convincing evidence.
(d) If the household member is found to have
				  committed an intentional program violation but a hearing officer later
				  determines that the household member or representative failed to appear with
				  good cause, the previous decision shall not be valid and a new hearing shall be
				  conducted. The hearing officer who originally ruled on the case may conduct the
				  new hearing.
(e) In instances where
				  good cause for failure to appear is based upon a showing of non-receipt of the
				  hearing notice as specified in section 17-504.1-16(e), the household member has
				  thirty days after the date of the written notice of the hearing decision to
				  claim good cause for failure to appear. If the household member shows
				  non-receipt of the notice in a timely fashion, any previous decision determined
				  in absentia shall no longer remain valid and the department shall conduct a new
				  hearing. In all other instances, the household member has ten days from the
				  date of the scheduled hearing to present reasons indicating a good cause for
				  failure to appear. Good cause means death in the family, severe personal injury
				  or illness (medical statement from a doctor must be submitted), or sudden and
				  unexpected emergencies. The hearing officer shall enter the good cause decision
				  into the record.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 604.1 - FRAUD PROVISIONS › Subchapter 4 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM ADMINISTRATIVE DISQUALIFICATION HEARINGS › Section 17-604.1-18 - Participation while awaiting hearing

Current through June, 2024
(a) A pending
				  disqualification hearing shall not affect the individual's or the household's
				  right to be certified and to participate in SNAP. Since the branch cannot
				  disqualify a household member for an intentional program violation until the
				  hearing officer finds that the individual has committed intentional program
				  violation, the branch shall determine the eligibility and benefit level of the
				  household in the same manner as it would be determined for any other
				  household.
(b) The household's
				  benefits shall be terminated if the certification period has expired and the
				  household, after receiving its notice of expiration, fails to
				  reapply.
(c) The branch shall also
				  reduce or terminate the household's benefits if the branch has documentation
				  which substantiates that the household is ineligible or eligible for fewer
				  benefits, even if these factors led to the suspicion of intentional program
				  violation and the resulting disqualification hearing, and the household fails
				  to request a hearing and continuation of benefits pending the hearing. For
				  example, the branch may have facts which substantiate that a household failed
				  to report a change in its circumstances even though the branch has not yet
				  demonstrated that the failure to report involved an intentional act of program
				  violation.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 604.1 - FRAUD PROVISIONS › Subchapter 4 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM ADMINISTRATIVE DISQUALIFICATION HEARINGS › Section 17-604.1-19 - Criteria for determining intentional program violation

Current through June, 2024
The hearing authority shall base the determination of an
					 intentional program violation on clear and convincing evidence which
					 demonstrates that the household member or members committed, and intended to
					 commit, intentional program violation.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 604.1 - FRAUD PROVISIONS › Subchapter 4 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM ADMINISTRATIVE DISQUALIFICATION HEARINGS › Section 17-604.1-20 - Decision format

Current through June, 2024
The hearing officer's-decision shall specify the reasons
					 for the decision, shall identify the supporting evidence, shall identify the
					 pertinent rule or policy, and shall respond to reasoned arguments made by the
					 household member or the household's representative.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 604.1 - FRAUD PROVISIONS › Subchapter 4 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM ADMINISTRATIVE DISQUALIFICATION HEARINGS › Section 17-604.1-21 - Notification of the household on administrative disqualification hearing decision

Current through June, 2024
(a) Once the
				  hearing decision is made, the hearing officer shall mail a written notice to
				  the household informing it of the decision.
(b) If the hearing results in a finding that
				  the household member did not commit an intentional program violation, no
				  further action shall be taken except for collection of the overissuance as a
				  claim, if appropriate.
(c) If a
				  finding of intentional program violation is determined, a written notice shall
				  be mailed to the household prior to disqualification. The notice shall include
				  the following items:
(1) The hearing
				  decision;
(2) The reason for the
				  decision;
(3) How the claim was
				  calculated;
(4) The intent to
				  collect from all adults;
(5) The
				  benefit amount the rest of the household members, if any, will receive during
				  the period of disqualification of the fraudulent individual;
(6) The requirement that the remaining
				  household members, if any, shall reapply in order to receive benefits for those
				  situations in which the certification period has expired;
(7) When the disqualification of the
				  fraudulent individual will take effect; and
(8) For those situations where the fraudulent
				  individual is no longer participating, the information that the period of
				  disqualification .shall take effect from the month following the month the
				  disqualification decision is rendered.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 604.1 - FRAUD PROVISIONS › Subchapter 4 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM ADMINISTRATIVE DISQUALIFICATION HEARINGS › Section 17-604.1-22 - Waived hearings

Current through June, 2024
(a) The department
				  shall provide written notification to the household member suspected of an
				  intentional program violation that the member may waive rights to an
				  administrative disqualification hearing.
(1)
				  Prior to providing this written notification to the household member, the
				  department shall ensure that the evidence against the household member is
				  reviewed by someone other than the eligibility worker assigned to the accused
				  individual's household and a decision is obtained that the evidence warrants
				  scheduling a disqualification hearing.
(2) The written notification which informs
				  the household member of the possibility of waiving the administrative
				  disqualification hearing shall include, at a minimum:
(A) The date the signed waiver must be
				  received by the department to avoid the holding of a hearing and a signature
				  block for the accused individual, along with a statement that the head of
				  household shall also sign the waiver if the accused is not the head of
				  household, with an appropriately designated signature block;
(B) A statement of the accused individual's
				  right to remain silent concerning the charge or charges, and that anything said
				  or signed by the individual concerning the charge or charges can be used
				  against the individual in a court of law;
(C) The fact that a waiver of the
				  disqualification hearing will result in disqualification and a reduction in
				  benefits for the period of disqualification, even if the accused individual
				  does not admit to the facts as presented by the department;
(D) An opportunity for the accused to specify
				  whether or not the individual admits to the facts as presented by the
				  department;
(E) The telephone
				  number and, if possible, the name of the person to contact for additional
				  information; and
(F) The fact that
				  the remaining household members, if any, will be held responsible for repayment
				  of the resulting claim.
(3) The department shall develop a waiver of
				  right to an administrative disqualification hearing form which contains the
				  information required by section 17-604.1-16 for advance notice of a hearing.
				  However, if the household member is notified of the possibility of . waiving
				  the member's right to an administrative disqualification hearing before the
				  department has scheduled a hearing, the department shall not be required to
				  notify the household member of the date, time, and place of the hearing at that
				  point as required by section 17-604.1-16.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 604.1 - FRAUD PROVISIONS › Subchapter 5 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM PROSECUTIONS › Section 17-604.1-26 - Court imposed disqualifications

Current through June, 2024
(a) The department
				  shall refer cases of an alleged intentional program violation for prosecution
				  in accordance with an agreement with prosecutors or state law.
(b) The branch shall refer to the
				  investigations office cases that are suspected of an intentional program
				  violation. The investigations office shall determine which cases shall be
				  referred to the prosecuting authority. The investigations office shall
				  encourage prosecutors to recommend to the courts that a disqualification
				  penalty as provided in section 6(b) of the /Food Stamp Act of 1977 (
				  7 U.S.C.
				  §2015(b) ) be imposed
				  in addition to any other civil or criminal intentional program violation
				  penalties for such violation.
(c)
				  The branch shall disqualify an individual found guilty of fraud by a court for
				  the length of time specified by the court.
(1) If the court fails to address or specify
				  a disqualification period, the branch shall impose a disqualification period in
				  ccordance with the provisions of section 17-604.1-9 unless contrary to the
				  court order;
(2) If the court
				  orders a disqualification period but fails to specify a date for initiating the
				  disqualification period, the branch shall initiate the disqualification period
				  within forty-five days of the date the disqualification was ordered. Any other
				  court imposed disqualification shall begin within fortyfive days of the date
				  the court found a currently eligible individual guilty of civil or criminal
				  misrepresentation or fraud;
(3) If
				  the individual is not certified to participate in the program at the time the
				  disqualification period is to begin, the period shall take effect from the
				  month following the month the disqualificaiton decision is rendered;
(4) Once a disqualification penalty has been
				  imposed against a currently participating household member, the period of
				  disqualification shall continue uninterrupted until completed regardless of the
				  eligibility of the disqualified member's household. However, the disqualified
				  member's household shall continue to be responsible for repayment of the
				  overissuance which resulted from the disqualified member's intentional program
				  violation regardless of its eligibility for program benefits.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 604.1 - FRAUD PROVISIONS › Subchapter 5 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM PROSECUTIONS › Section 17-604.1-27 - Notification of the household of court decision

Current through June, 2024
(a) If the
				  court finds that the household member committed intentional program violation,
				  the department shall provide written notice to the household member. The notice
				  shall be provided prior to disqualification, whenever possible. The notice
				  shall inform the household member of the disqualification and the date
				  disqualification will take effect. The department shall also provide written
				  notice to the remaining household members, if any, of the allotment they will
				  receive during the period of disqualification or that they must reapply because
				  the certification period has expired.
(b) The procedures for handling the income
				  and resources of the disqualified member shall be as described in chapter
				  17-663. In addition, the department shall provide the written demand letter for
				  restitution.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 604.1 - FRAUD PROVISIONS › Subchapter 5 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM PROSECUTIONS › Section 17-604.1-28 - Deferred adjudication

Current through June, 2024
.
(a) The
				  procedures in this section shall be used for cases in which a determination of
				  guilt is not obtained from a court due to the accused having met the terms of a
				  court order, or for cases which are not prosecuted due to the accused
				  individual having met the terms of an agreement with the prosecuting attorney.
(1) The department shall enter into an
				  agreement with the state attorney general or, where necessary, with county
				  prosecuting attorneys, which provides for advance written notification to the
				  household member of the consequences of consenting to disqualification in cases
				  of deferred adjudication.
(2) The
				  written notification provided for in paragraph (1) shall include, at a minimum:
(A) A statement for the accused individual to
				  sign- that the accused individual understands the consequences of consenting to
				  disqualification, along with a statement that the head of household shall also
				  sign the consent agreement if the accused individual is not the head of
				  household, with an appropriately designated signature block;
(B) A statement that consenting to
				  disqualification shall result in disqualification and a reduction in benefits
				  for the period of disqualification, even though the adcused individual was not
				  found guilty of civil or criminal misrepresentation or fraud;
(C) A warning that the disqualification
				  penalties for intentional program violation under the SNAP are as specified in
				  section 17-604.1-9, and a statement of which penalty shall be imposed as a
				  result of the accused individual having consented to
				  disqualification;
(D) A statement
				  of the fact that the remaining household members, if any, shall be held
				  responsible for repayment of the resulting claim, unless the accused individual
				  has already repaid the claim as a result of meeting the terms of the agreement
				  with the prosecutor or the court order.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 604.1 - FRAUD PROVISIONS › Subchapter 6 - FINANCIAL ADMINISTRATIVE DISQUALIFICATION › Section 17-604.1-29 - Intentional program violation disqualification penalties

Current through June, 2024
(a)
				  An individual who, on the basis of a plea of guilty or nolo' contendere or
				  otherwise, is found to have committed an intentional program violation by an
				  administrative disqualification hearing or by a court of appropriate
				  jurisdiction shall be treated in the following manner:
(1) The department shall not take the
				  individual's needs into account when determining the assistance unit's need and
				  amount of the assistance; and
(2)
				  Any resource and income of the disqualified individual shall be considered
				  available to the assistance unit.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 604.1 - FRAUD PROVISIONS › Subchapter 7 - FINANCIAL ADMINISTRATIVE DISQUALIFICATION HEARINGS › Section 17-604.1-30 - Disqualification hearing procedures

Current through June, 2024
(a) The department
				  may consolidate an individual's fair hearing with a disqualification hearing
				  based on the same or related circumstances provided that the individual
				  receives prior notice, of the consolidation.
(b) The department may designate the same
				  hearing officer to preside at a consolidated hearing.
(c) The department shall provide a written
				  notice to the individual alleged to have committed the program violation at
				  least thirty days prior to the date of the disqualification hearing. The
				  advance written notice to the individual shall include the following
				  information:
(1) The date, time and location
				  of the hearing;
(2) The charge(s)
				  against the individual;
(3) A
				  summary of the evidence, and how and where the evidence can be
				  examined;
(4) A warning that the
				  individual's failure to appear without good cause will result in a decision by
				  the hearing officer based solely on the information provided by the department
				  at the hearing;
(5) A statement
				  that the individual may request a postponement of the hearing provided that
				  such request is made to the department at least ten days in advance of the
				  scheduled hearing;
(6) A statement
				  that the individual will have ten days from the date of the scheduled hearing
				  to present to the department good cause for failure to appear in order to
				  receive a new hearing;
(7) A
				  description of the penalties that can result from a determination that the
				  individual has committed an intentional program violation and a statement of
				  which penalty is applicable to the individual;
(8) A statement that the hearing does not
				  preclude the State from prosecuting the individual for an intentional program
				  violation in a civil or criminal court action, or from collecting an
				  overpayment;
(9) A listing of
				  individuals or organizations that provide free legal representation to the
				  individuals alleged to have committed intentional program violations;
(10) An explanation that the individual may
				  waive the right to appear at an administrative disqualification hearing;
				  and
(11) A statement of the accused
				  individual's right to remain silent concerning the charge(s) and that anything
				  said or signed by the individual concerning the charge(s) may be used against
				  the individual in a court of law.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 604.1 - FRAUD PROVISIONS › Subchapter 7 - FINANCIAL ADMINISTRATIVE DISQUALIFICATION HEARINGS › Section 17-604.1-31 - Waiver of the administrative disqualification hearing

Current through June, 2024
(a)
				  The department shall provide advance notice to the individual suspected of
				  intentional program violation that he or she may waive rights to appear at an
				  administrative disqualification hearing.
(b) The advance notice shall include a
				  statement informing the individual of:
(1)
				  The date that the signed waiver shall be received by the department and a
				  signature block for the accused individual along with a statement that a
				  caretaker relative shall also sign the waiver if the accused individual is not
				  the caretaker relative, with an appropriately designated signature
				  block;
(2) A statement of the
				  accused individual's right to remain silent concerning the charge(s) and that
				  anything said or signed by the individual concerning the charge(s) may be used
				  against the individual in a court of law;
(3) The fact that waiver of the individual's
				  right to appear at a disqualification hearing may result in a disqualification
				  penalty and a reduction in the assistance payment for the appropriate period
				  even if the accused individual does not admit to the facts as presented by the
				  department; and
(4) An opportunity
				  for the accused individual to specify whether or not the individual admits to
				  the facts as presented by the department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 604.1 - FRAUD PROVISIONS › Subchapter 7 - FINANCIAL ADMINISTRATIVE DISQUALIFICATION HEARINGS › Section 17-604.1-32 - Court actions on consent agreements

Current through June, 2024
(a) The department
				  shall allow an accused individual to sign an agreement confirmed by a court in
				  which he or she admits committing intentional program violation.
(b) The department shall enter into an
				  agreement with the attorney general's Office which provides for advance written
				  notification to the accused individual of the consequences of signing such an
				  agreement.
(c) The written
				  notification shall include, at a minimum:
(1)
				  A statement for the accused individual to sign that the individual understands
				  the consequences of signing the agreement, along with a statement that the
				  caretaker relative must also sign the agreement if the accused individual is
				  not the caretaker relative;
(2) A
				  statement that signing the agreement will result in a reduction in payment for
				  the appropriate period; and
(3) A
				  statement of which disqualification period will be imposed as a result of the
				  accused individual signing the agreement.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 605 - CASH PAYMENTS FOLLOWING DEATH OF PAYEE AND CLAIM AGAINST ESTATE OF DECEASED RECIPIENT › Section 17-605-1 - Applicable probate provisions

Current through June, 2024
In the event the payee of a warrant dies without leaving a
				  will and before the warrant is cashed, the provisions of the uniform probate
				  code, sections
				  560:3-1201
				  through
				  560:3-1213, HRS, shall
				  apply.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 605 - CASH PAYMENTS FOLLOWING DEATH OF PAYEE AND CLAIM AGAINST ESTATE OF DECEASED RECIPIENT › Section 17-605-2 - Payment to successor

Current through June, 2024
Under the provisions of the probate code, the department
				  shall pay the amount owed to the deceased recipient to the decedent's successor
				  upon being presented with a death certificate for the decedent and an affidavit
				  which states:
(1) The net value of the
				decedent's estate in the State does not exceed $1,000;
(2) No application or petition for the
				appointment of a personal representative is pending or has been granted in the
				State;
(3) The claiming successor,
				a relative, is entitled to payment or delivery of the property; and
(4) The relationship of the claiming
				successor to the decedent.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 605 - CASH PAYMENTS FOLLOWING DEATH OF PAYEE AND CLAIM AGAINST ESTATE OF DECEASED RECIPIENT › Section 17-605-3 - Method of payment

Current through June, 2024
In the event that the payment covers payment for the
				  deceased recipient-payee and others in the household:
(1) Payment shall be adjusted and a new
				warrant to cover the needs of the eligible survivors shall be issued to the new
				adult payee with a separate warrant issued in the amount owed to the deceased
				recipient. Under the provisions of section 17-605-2, the successor may claim
				the decedent's payment; or
(2) On
				presentation of an affidavit and death certificate specified under section
				17-605-2, the entire warrant shall be paid to the successor.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 605 - CASH PAYMENTS FOLLOWING DEATH OF PAYEE AND CLAIM AGAINST ESTATE OF DECEASED RECIPIENT › Section 17-605-4 - Payment to probate court

Current through June, 2024
In the event that there is no successor to claim the payment
				  for which the decedent was eligible, the warrant in the decedent's name shall
				  be forwarded to the probate court, as part of the decedent's estate, for
				  disposition.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 605 - CASH PAYMENTS FOLLOWING DEATH OF PAYEE AND CLAIM AGAINST ESTATE OF DECEASED RECIPIENT › Section 17-605-5 - Claim against the estate of a deceased recipient

Current through June, 2024
(a) If a
				recipient dies leaving an estate and does not have a surviving spouse, child,
				father, mother, grandfather, grandmother, grandchild, stepfather, stepmother,
				or designated heir, the department may file a claim against the estate for the
				amount of financial assistance or social service benefits provided the deceased
				recipient.
(b) If a recipient
				fraudulently received financial assistance or social service benefits because
				of the recipient's withholding of information, the department may file a claim
				against the estate of the deceased recipient, notwithstanding subsection (a),
				for the amount of financial assistance or social service benefits
				overpaid.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 606 - INCOME TAX SETOFF PROGRAM › Section 17-606-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish the provisions
				  by which the state income tax refunds of those persons who owe a debt to the
				  department of human services, family and adult services division, shall be
				  setoff to recover this debt, and to establish the provisions of the
				  administrative hearing process to contest the tax setoff. These rules do not
				  afford the debtor the opportunity to a hearing on any issue which has been
				  previously litigated or for which an opportunity to a hearing has been
				  previously provided.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 606 - INCOME TAX SETOFF PROGRAM › Section 17-606-3 - Tax setoff process

Current through June, 2024
(a) The department
				shall setoff any valid debt due and owing the department by the debtor against
				any debtor's refund. Any amount of the refund in excess of the amount retained
				to satisfy the debt shall be refunded to the debtor.
(b) The department shall compile an annual
				list of debtors identified for a tax setoff.
(c) A pretax setoff notice shall be mailed to
				each debtor.
(d) The debtor shall
				be provided an opportunity for an informal review of the debt.
(e) All debtors who receive an adverse
				informal review decision shall be provided an opportunity to request an
				administrative hearing.
(f) The
				informal review and pretax setoff administrative hearing shall be conducted and
				concluded prior to the setoff of the debtor's state tax refund.
(g) The debtor's name shall be referred to
				the comptroller, department of accounting and general services (DAGS), for tax
				setoff if no pretax setoff review is requested; or if the debt is established
				in the review or the pretax setoff administrative hearing.
(h) At the time the setoff is identified, the
				debtor shall be notified by the comptroller, DAGS, of the State's intention to
				apply the state income tax refund against the debt.
(i) The debtor shall be provided the
				opportunity to request an administrative hearing to contest the setoff,
				regardless of whether an administrative hearing was requested at the time of
				the pretax setoff notice.
(j) The
				setoff against the debtor's state income tax refund shall become final if an
				administrative hearing is not requested.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 606 - INCOME TAX SETOFF PROGRAM › Section 17-606-4 - Pretax setoff notice

Current through June, 2024
(a) The
				department's administrative services office, recovery section (ASO-recovery)
				shall mail a pretax setoff notice annually to all debtors as identified by the
				department's administrative services office.
(b) The notice shall inform debtors of:
(1) The department's intent to set off the
				debtor's state income tax refunds due to a debt to the department;
(2) The total amount of the debt (to include
				financial and food stamp programs);
(3) The opportunity to request an informal
				review of the debt within thirty calendar days from the date of the pretax
				setoff notice if they disagree with the department's intent;
(4) The office address and toll free
				telephone numbers at which an informal review can be requested;
(5) The opportunity to request a formal
				administrative hearing to all debtors who receive an adverse informal review
				decision;
(6) The commonly used
				defenses in tax setoff administrative hearings; and
(7) The opportunity to present the case
				independently or with the aid of others including legal counsel.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 606 - INCOME TAX SETOFF PROGRAM › Section 17-606-5 - Informal review

Current through June, 2024
(a) A debtor may
				request an informal review from ASO-recovery orally or in writing. The request
				shall be received by ASO-recovery within thirty calendar days of the date of
				the pretax setoff notice.
(b) The
				informal review shall be conducted by telephone or in person at the request of
				the debtor as follows:
(1) ASO-recovery will
				review the debtor's account balances using account records and forward any
				unresolved requests to the investigations office (INVO).
(2) INVO will review the requests referred by
				ASO-recovery to resolve account balances using the income maintenance case
				records and applicable Hawaii Administrative Rules.
(3) All debtors shall be informed in writing
				of:
(A) The disposition of the
				review;
(B) The opportunity to
				request an administrative hearing in writing within fourteen calendar days from
				the date of a written adverse informal review decision; and
(C) The office and address at which the
				request for an administrative hearing may be submitted.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 606 - INCOME TAX SETOFF PROGRAM › Section 17-606-6 - Tax setoff notice

Current through June, 2024
(a) The tax setoff
				notice shall be mailed to prospective tax refund recipients who are identified
				as having a debt at the time that the state income tax refund is identified for
				setoff by DAGS.
(b) The notice
				shall inform the debtors of the following:
(1)
				The amount of the debtor's state income tax refund for a specified tax
				year;
(2) The amount of the
				debt;
(3) The amount that has been
				identified for setoff to repay a debt to the department;
(4) The balance of the state tax refund that
				is due to the debtor;
(5) The
				applicable state statute;
(6) The
				opportunity to request an administrative hearing within thirty calendar days of
				the date of the tax setoff notice;
(7) The setoff against the debtor's state
				income tax refund becomes final after thirty calendar days from the date of the
				tax setoff notice if an administrative hearing is not requested;
(8) The commonly used defenses in tax setoff
				administrative hearings;
(9) The
				rights of the debtor as specified in section 17-606-8; and
(10) The office, address, and toll free
				telephone numbers to which a written request for an administrative hearing may
				be submitted.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 606 - INCOME TAX SETOFF PROGRAM › Section 17-606-7 - Right to an administrative hearing

Current through June, 2024
(a) Identified
				debtors may request an administrative hearing as follows:
(1) Within fourteen calendar days of the date
				of the adverse pretax setoff review notice; and
(2) Within thirty calendar days of the date
				of the tax setoff notice.
(3) If
				the fourteenth or thirtieth day falls on a weekend or holiday, the fourteenth
				or thirtieth day shall then be the first working day after the weekend or
				holiday.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 606 - INCOME TAX SETOFF PROGRAM › Section 17-606-8 - Rights of the claimant

Current through June, 2024
The claimant or the authorized representative shall have an
				  opportunity to:
(1) Examine the case
				record as well as 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;
(2) Present the case
				independently or with the aid of others including legal counsel;
(3) Bring witnesses, including an interpreter
				if the claimant is non-English speaking. If the claimant does not have an
				interpreter and the department believes an interpreter is necessary, an
				interpreter shall be obtained by the department;
(4) Establish all pertinent facts and
				circumstances;
(5) Advance any
				arguments appropriate to the issue being heard without undue interference;
				and
(6) Question or refute any
				testimony or evidence, and to confront and cross examine any witness.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 606 - INCOME TAX SETOFF PROGRAM › Section 17-606-9 - Action on request for an administrative hearing

Current through June, 2024
(a) A
				request for an administrative hearing after an adverse informal review decision
				shall be received by the department within fourteen calendar days of the date
				of the written adverse informal decision. When an administrative hearing is
				requested due to an adverse informal review decision on a pretax setoff notice,
				the department shall not refer the name of the individual to DAGS as a debtor.
				The individual's name shall be referred to DAGS as a debtor only if the
				administrative appeals office renders a decision in favor of the department. A
				circuit court appeal shall not stay the referral.
(b) A request for an administrative hearing
				after a tax setoff notice shall be received by the department within thirty
				calendar days of the date of the tax setoff notice. When an administrative
				hearing is requested at the time of the tax setoff, the individual will receive
				that portion of their state tax refund that was setoff only after a decision
				favorable to the claimant has been rendered by the administrative appeals
				office.
(c) When an administrative
				hearing request is received by a unit other than ASO-recovery, the unit shall
				stamp the request with the date of receipt and immediately forward the hearing
				request to ASO-recovery.
(d) When
				an administrative hearing request is received by ASO-recovery, ASO-recovery
				shall:
(1) Stamp the request with the date of
				receipt if the request is initially received by ASO-recovery;
(2) Make one copy of the request and send the
				original request to the administrative appeals office if the request is
				initially received by ASO-recovery;
(3) Make copies of the account ledgers of all
				debts (to include financial and food stamp claims) for the identified debtor;
				and
(4) Forward the copy of the
				administrative hearing request and copies of the account ledgers to the
				respective program development-income maintenance (PD-IM) office.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 606 - INCOME TAX SETOFF PROGRAM › Section 17-606-10 - Department's responsibility

Current through June, 2024
(a) The PD-IM
				office shall review all requests for fair hearing to assure that all facts are
				properly considered. If any basis for the grievance is found prior to the
				hearing, the PD-IM office shall promptly take necessary corrective
				action.
(b) The PD-IM office shall
				complete the branch report.
(c) The
				PD-IM office shall remain in touch with the claimant and shall immediately
				notify the hearing officer of any change in address or circumstances which may
				affect the need for the hearing.
(d) The PD-IM office shall represent the
				department in tax setoff hearings on Oahu branch. In all other branches, the
				supervisors of the unit in the geographic area nearest the debtor's residence
				shall be the department's representative at the tax setoff hearing, if a PD-IM
				representative is not requested.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 606 - INCOME TAX SETOFF PROGRAM › Section 17-606-11 - Responsibility of the administrative appeals office

Current through June, 2024
(a) The
				administrative appeals office shall accept:
(1) Any request directly at the
				administrative appeals office; and
(2) All requests cleared through the
				department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 606 - INCOME TAX SETOFF PROGRAM › Section 17-606-12 - Denial of request for administrative hearing

Current through June, 2024
(a) An
				administrative 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 administrative 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.
(b) An
				administrative hearing shall not be granted by the department when the
				department decides not to complete a tax setoff or refunds the tax setoff
				before a hearing is scheduled.
(c)
				An administrative 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
				administrative 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
				administrative 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
				administrative hearing; or
(C)
				Sudden and unexpected emergencies.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 606 - INCOME TAX SETOFF PROGRAM › Section 17-606-14 - Administrative hearing decision

Current through June, 2024
(a) All matters
				relating to the administrative hearing shall be heard and disposed of within
				one hundred twenty calendar days from the date of request for an administrative
				hearing except when the hearing is continued or the record is held open as
				specified in section 17-606-13(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 administrative 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
				department.
(c) The transcript,
				recording, or an official record containing the substance of the administrative
				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 administrative appeals office. The record shall be made
				available to the claimant or the authorized representative during normal
				business hours through the administrative appeals office.
(d) The department shall comply with the
				administrative hearing decision immediately upon receipt of the decision.
(1) When the pretax setoff administrative
				hearing is favorable to the department, the department shall refer the
				claimant's name to the comptroller, department of accounting and general
				services, as a debtor. A circuit court appeal shall not stay the
				referral.
(2) When the tax setoff
				administrative hearing is in favor of the claimant, the claimant shall receive
				that portion of the claimant's state income tax refund that was
				setoff.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 606 - INCOME TAX SETOFF PROGRAM › Section 17-606-15 - Appeal rights of the claimant

Current through June, 2024
The claimant may appeal an adverse administrative hearing
				  decision to the state circuit court. At the time of the hearing decision which
				  upholds the department's action, the claimant 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 610 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM ADMINISTRATION › Subchapter 1 - OVERVIEW AND PROGRAM ADMINISTRATION › Section 17-610-2 - Retention of records

Current through June, 2024
The department shall retain all program records for audit
					 and review purposes, for a period of three years from the month of origin of
					 each record. The department shall retain fiscal records and accountable
					 documents for three years from the date of fiscal or administrative closure.
					 Fiscal closure means obligations for or against the federal government have
					 been liquidated. Administrative closure means the department has determined and
					 documented that no further action to liquidate the Obligation is appropriate .
					 Fiscal records and accountable documents shall include but are not limited to
					 Claims and documentation of lost benefits.