reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 3 - OWNER ELIGIBILITY AND SELECTION › Section 17-534-30 - Owner application

Current through June, 2024
(a) An owner
				  seeking to participate in the program shall submit an application form, as
				  prescribed by the authority. The form shall include, but not be limited to, the
				  owner's name, address, agent's name, ownership information, property
				  information, unit information, and rent information.
(b) An owner shall submit documentation as
				  required by the authority and shall execute a release of information form in
				  order for the authority to verify the owner's eligibility.
(c) An owner shall execute an agreement that
				  any tenant information disclosed to the owner shall be held in confidence and
				  shall not be released to anyone in any form.
(d) In the event an owner does not have a
				  dwelling unit that meets the requirements of section 17-534-31, then such owner
				  may apply for a construction grant pursuant to subchapter 4.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 3 - OWNER ELIGIBILITY AND SELECTION › Section 17-534-31 - Rental unit requirements

Current through June, 2024
A dwelling unit approved by the authority for use as a
					 rental unit shall meet the following requirements:
(1) Have its own sanitary facilities which
				  are in proper-operating condition, can be used in privacy, and are adequate for
				  personal cleanliness and the disposal of human waste;
(2) Have suitable equipment to prepare,
				  serve, and store foods in a sanitary manner;
(3) Provide adequate space and
				  security;
(4) Be structurally sound
				  so as not to pose any threat to the health and safety of the
				  occupants;
(5) Be usable and
				  capable of being maintained without unauthorized use of other private
				  properties, and the unit shall provide an alternate means of egress in case of
				  fire;
(6) Be in a sanitary
				  condition and free of vermin and rodent infestation; and
(7) Comply with all laws, ordinances, codes,
				  rules and regulations of the federal, state, and county governments.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 3 - OWNER ELIGIBILITY AND SELECTION › Section 17-534-32 - Qualified owners

Current through June, 2024
To qualify to participate in the program, an owner
					 shall:
(1) Submit a completed
				  application;
(2) Have an existing
				  rental unit or intend to renovate or construct a rental unit;
(3) Have the rental unit located in a census
				  tract that has less than five other rental units in such census
				  tract;
(4) Not have an outstanding
				  debt owed to the authority or to a county public housing agency; and
(5) Not have had a record of conduct or
				  behavior for two years prior to the date of the application that is harmful,
				  destructive, or unlawful which may cause a threat to tenants.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 3 - OWNER ELIGIBILITY AND SELECTION › Section 17-534-33 - Owner preference

Current through June, 2024
Qualified owners shall be given preference for
					 participation in the program in the following order:
(1) Owners who are not applying for
				  construction grant funds provided by the authority;
(2) Owners who are in a census tract with the
				  least number of rental units in such census tract; and
(3) Owners whose rental units have the
				  largest floor area.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 3 - OWNER ELIGIBILITY AND SELECTION › Section 17-534-34 - Notification of ineligibility

Current through June, 2024
An owner determined to be ineligible to participate in the
					 program shall be notified in writing of the determination, the reasons thereof
					 and the right to a hearing by the authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 4 - CONSTRUCTION GRANTS › Section 17-534-40 - Construction application

Current through June, 2024
(a) An owner
				  seeking to receive a construction grant for constructing or renovating a
				  dwelling unit to be used as a rental unit shall submit an application form, as
				  prescribed by the authority. The form shall include, but not be limited to, the
				  owner's name, address, ownership information, property information, contractor
				  information, financial cost information, county regulatory information, and
				  dwelling information.
(b) The owner
				  shall submit documentation as required by the authority in order to verify the
				  owner's eligibility to receive a construction grant.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 4 - CONSTRUCTION GRANTS › Section 17-534-41 - Grant amount

Current through June, 2024
(a) The authority
				  shall pay to the owner, or authorized agent, up to the amounts defined by and
				  set forth in Exhibit B, dated 2/1/94, located at the end of this chapter, for
				  the applicable rental unit size and extent of construction, who has:
(1) Submitted a completed
				  application;
(2) Become a qualified
				  owner; and
(3) Executed a
				  construction grant agreement.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 4 - CONSTRUCTION GRANTS › Section 17-534-42 - Restriction on use of dwelling units

Current through June, 2024
(a) A dwelling unit
				  that has been constructed or renovated using construction grant funds shall be
				  used or available for use as a rental unit for applicants or tenants at all
				  times during the five year period commencing on the date such unit is ready for
				  occupancy after the construction or renovation is completed.
(b) The owner or owners of the real property
				  on which a dwelling unit has been constructed or renovated using construction
				  grant funds shall record in the bureau of conveyances of the State of Hawaii,
				  or if the real property is subject to land court registration under chapter
				  501, Hawaii Revised Statutes, shall record in the land court, a covenant that
				  the owner or owners, or the heirs, successors or assigns of the owner or owners
				  shall use the dwelling unit for applicants or tenants as provided by this
				  section. The covenant shall be recorded on a form approved by the authority and
				  may contain such terms as the authority deems necessary to ensure its
				  enforceability.
(c) At the end of
				  the five year period of restriction on use of the dwelling unit, the authority
				  shall execute a release of covenant and shall record such release with the
				  bureau of conveyances or the land court.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 4 - CONSTRUCTION GRANTS › Section 17-534-43 - Construction liability exception

Current through June, 2024
(a) An owner who
				  receives a construction grant from the authority for constructing or renovating
				  a dwelling unit shall not hold the authority liable for any civil damages
				  resulting from the authority's acts or omissions relating to the
				  grant.
(b) The owner shall defend,
				  indemnify, and execute a waiver of liability holding the authority harmless
				  from all claims made by third parties against the authority resulting from
				  constructing or renovating the dwelling unit.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 4 - CONSTRUCTION GRANTS › Section 17-534-44 - Termination of participation

Current through June, 2024
(a) An owner who
				  receives a construction grant from the authority for constructing or renovating
				  a dwelling unit and terminates participation in the program prior to the end of
				  the five year period provided in section 17-534-42(a) shall reimburse the
				  authority for all amounts received by the owner as a construction grant within
				  ninety days after the date of termination. Upon reimbursement of the
				  construction grant, the authority shall release the covenant on restriction of
				  use pursuant to section 17-534-42(c).
(b) An owner who does not reimburse the
				  authority pursuant to this section shall pay for any attorney's fees and costs,
				  as determined by a court of competent jurisdiction to be reasonable, that are
				  incurred by the authority in collecting the amounts owed to the authority. The
				  authority may file a lien upon the property where the rental unit is located,
				  in the amount of the construction grant that has not been reimbursed to the
				  authority.
(c) An owner shall give
				  the authority at least forty-five days written notice prior to the date, that
				  the owner will withdraw from the program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 4 - CONSTRUCTION GRANTS › Section 17-534-45 - Construction grant agreement

Current through June, 2024
A construction grant agreement shall be executed between
					 the authority and the owner who receives a construction grant for constructing
					 or renovating a dwelling unit to be used as a rental unit for tenants in the
					 program. The agreement shall include, but not be limited to, the owner's name,
					 address, ownership information, dwelling unit information, financial cost
					 information, construction grant amounts, restriction on use of the dwelling
					 unit, indemnification of the authority during construction, liability
					 insurance, and the owner's the authority's responsibilities.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 5 - RENT ASSISTANCE › Section 17-534-50 - Rent assistance application

Current through June, 2024
(a) An owner
				  seeking to receive rent assistance for a rental unit shall submit an
				  application form, as prescribed by the authority. The form shall include, but
				  not be limited to, the owner's name, address, ownership information, property
				  information, dwelling unit information, and rent information.
(b) The owners shall submit documentation as
				  required by the authority in order to verify the owner's eligibility to receive
				  rent assistance.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 5 - RENT ASSISTANCE › Section 17-534-51 - Fair monthly rent

Current through June, 2024
The fair monthly rent for the rental unit shall not be
					 greater than ninety percent of the fair market rent for the same unit size as
					 defined by
					 24 C.F.R.
					 §888.113 and set forth in Exhibit A,
					 dated 4/1/92, located at the end of this chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 5 - RENT ASSISTANCE › Section 17-534-52 - Rent adjustment

Current through June, 2024
The fair monthly rent for the rental unit may be adjusted
					 by the owner as defined by 24 C.F.R. §882.108 and set forth in Exhibit A,
					 dated 4/1792. located at the end of this chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 5 - RENT ASSISTANCE › Section 17-534-53 - Rent assistance payments

Current through June, 2024
(a) The authority
				  shall pay directly to the owner, or authorized agent, on behalf of a tenant, a
				  monthly rent assistance amount that is subject to subsection (d) and is the
				  difference between the fair monthly rent for the rental unit and the tenant's
				  allowable share of rent as defined by 24 C.F.R. §813.107 and set forth in
				  Exhibit A, dated 4/1/92, located at the end of this chapter.
(b) Rent assistance payments shall be made on
				  behalf of a tenant for the period that the rental unit is occupied.
(c) Vacated rental units will receive rent
				  assistance payments under the following conditions:
(1) If the tenant vacates the rental unit
				  without proper notice, rent assistance payments shall be continued to the time
				  that the tenancy could legally be terminated or to the date that the rental
				  unit is re-rented, or to the last day of the month that the tenant vacated the
				  rental unit and rent assistance payment was already made, whichever comes
				  first; or
(2) If the tenant has had
				  his social services agreement terminated by the authority and is ineligible to
				  participate in the program, rent assistance payments shall be continued for
				  ninety days from the effective date of termination of the social services
				  agreement or to the date the rental unit is re-rented, whichever comes
				  first.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 5 - RENT ASSISTANCE › Section 17-534-54 - Security deposits

Current through June, 2024
No portion of the rent assistance payments by the
					 authority shall be applied or allocated to any security deposit demanded by an
					 owner. The authority shall not be responsible for nor be required to pay an
					 owner for the security deposit.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 5 - RENT ASSISTANCE › Section 17-534-55 - Rent assistance agreement - owner

Current through June, 2024
(a) A rent
				  assistance agreement shall be executed between the authority and owner who
				  receives rent assistance and rents to tenants in the program. The form shall
				  include but not be limited to, an acknowledgement of the tenancy between the
				  owner and the eligible applicant or tenant, the amount of the fair monthly rent
				  and the rent assistance, date that the rent assistance payment is due, to whom
				  payment is to be made, and the owner's and authority's
				  responsibilities.
(b) Amendments to
				  the rent assistance agreement shall be made in writing, by the owner or agent,
				  and approved by the authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 5 - RENT ASSISTANCE › Section 17-534-56 - Rent assistance agreement - tenant

Current through June, 2024
(a) The eligible
				  applicant shall execute a rent assistance agreement with the authority prior to
				  participating in the program. The agreement shall include, but not be limited
				  to, an acknowledgement of the tenancy between the owner and the eligible
				  applicant, the amount of the fair monthly rent and the rent assistance, and the
				  eligible applicant's and authority's responsibilities.
(b) The rent assistance agreement between the
				  authority and eligible applicant shall set forth the conditions of
				  participation in the program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 5 - RENT ASSISTANCE › Section 17-534-57 - Authority not responsible

Current through June, 2024
Other than the agreed to rent assistance for the fair
					 monthly rent, the authority shall not be held responsible to the owner for any
					 portion of the tenant's allocable share of the rent, or be held responsible to
					 the owner or tenant for any damages, breakage or losses to the rental unit or
					 any portion thereof, or to the furnishings, fixtures, and appliances where the
					 same may have been caused by the tenant, owner or other
					 causes.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 5 - RENT ASSISTANCE › Section 17-534-58 - Rent assistance agreement termination

Current through June, 2024
(a) A tenant
				  shall give the authority at least thirty days written notice prior to the date
				  that the tenant will withdraw from participation in the program.
(b) The authority may terminate a tenant's
				  participation in the program when a tenant has:
(1) Submitted false or misleading information
				  or willfully withheld important information from the authority; or
(2) Violated any provision of these rules or
				  SLH 1992, Act 279, as related to this program; or
(3) Had the tenancy terminated by the owner;
				  or
(4) Had the social services
				  agreement terminated by the authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 6 - OPERATIONS › Section 17-534-60 - Selection of tenant

Current through June, 2024
(a) The authority
				  shall provide a qualified owner with a list of up to five eligible applicants.
				  The list of eligible applicants shall be taken in the order of preference as
				  provided in section 17-534-22.
(b)
				  The owner shall interview the eligible applicants from the list of applicants
				  provided by the authority and may select an eligible applicant from such list
				  to be the tenant for the rental unit. If the eligible applicants are
				  unsatisfactory to the owner, then the owner may request a new list from the
				  authority. The owner shall be provided a maximum of three lists by the
				  authority and shall choose an eligible applicant from such lists.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 6 - OPERATIONS › Section 17-534-61 - Social services agreement

Current through June, 2024
(a) The eligible
				  applicant that has been selected by an owner to be a tenant for a rental unit
				  shall enter into a social services agreement with the authority. The agreement
				  shall include, but not be limited to, the following:
(1) An individualized assessment of the
				  financial, health, housing, vocational, educational, and social needs of the
				  tenant and tenant's family members, if applicable;
(2) Identification of goals and objectives to
				  address the tenant's assessed needs;
(3) Identification of timeline, activities,
				  and tasks to accomplish the tenant's goals and objectives.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 6 - OPERATIONS › Section 17-534-62 - Eviction

Current through June, 2024
The owner may evict a tenant provided the requirements of
					 chapter
					 521, Hawaii Revised Statutes, have
					 been complied with. The owner must notify the authority, in writing, of the
					 commencement of procedures for termination of the tenancy at the same time that
					 the owner gives notice to the tenant under chapter
					 521, Hawaii Revised
					 Statutes.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 7 - CONTESTED CASES › Section 17-534-70 - Contested cases: applicability

Current through June, 2024
The right to a contested case hearing shall exist where
					 provided for by this chapter or where required by law. The right to hearing
					 shall only be afforded to the person affected by the action or decision of the
					 authority, unless otherwise provided by law.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 7 - CONTESTED CASES › Section 17-534-71 - Commencement of case

Current through June, 2024
A contested case shall commence by the filing of a
					 petition for a permitted relief with the authority. Unless otherwise provided
					 by law, the petition shall be filed within thirty days of the action or
					 decision for which contested case hearing is sought. Upon the filing of a
					 petition, the authority shall docket the petition and assign a docket number to
					 the petition.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 7 - CONTESTED CASES › Section 17-534-72 - Contents of petition

Current through June, 2024
(a) The petition
				  shall state the following:
(1) Name, address,
				  telephone number of the petitioner and the petitioner's legal counsel, if any,
				  which shall be updated by the petitioner at all times;
(2) A brief and concise factual statement of
				  the petitioner's claim;
(3) The law
				  or rule involved;
(4) The names of
				  all respondents or identities against whom the petition is brought;
				  and
(5) A brief statement of the
				  relief sought by the petitioner.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 7 - CONTESTED CASES › Section 17-534-73 - Action by authority

Current through June, 2024
Upon the filing of the petition, the chairperson of the
					 authority shall:
(1) Assign the
				  petition for further proceedings before the authority or assign the matter to a
				  hearings officer; and
(2) Afford
				  all parties in the matter an opportunity for hearing after reasonable
				  notice.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 7 - CONTESTED CASES › Section 17-534-74 - Response

Current through June, 2024
Each respondent may file with the authority or hearings
					 officer if the case has been assigned to one, a written response to the
					 petition which shall state briefly a counter-statement of the facts,
					 circumstances, law, rules, or reasons in defense thereof, and which shall
					 specifically admit or deny the allegations of the petition. The response shall
					 be filed at least five working days prior to the hearing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 7 - CONTESTED CASES › Section 17-534-75 - Notice

Current through June, 2024
The authority or hearings officer shall, as soon as
					 possible, provide notice to all parties of the scheduled hearing in such form
					 and manner as provided by law.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 7 - CONTESTED CASES › Section 17-534-76 - Burden of proof: evidence

Current through June, 2024
Except as otherwise provided by law, the party initiating
					 the proceeding shall have the burden of proof, including the burden of
					 producing evidence as well as the burden of persuasion.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 7 - CONTESTED CASES › Section 17-534-77 - Procedure at hearing

Current through June, 2024
Unless otherwise stipulated by the parties, which
					 stipulation is approved by the authority or the hearings officer, all hearings
					 shall proceed as follows:
(1) The
				  parties shall have the opportunity to make opening statements before any
				  evidence is presented, unless they waive the opportunity. The opening statement
				  shall be heard in the following order:
(A)
				  Petitioner's opening statement; and
(B) Respondent's opening statement, unless
				  respondent chooses to reserve same until after presentation of petitioner's
				  evidence;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 7 - CONTESTED CASES › Section 17-534-78 - Proposed findings of fact and conclusions of law

Current through June, 2024
Proposed findings of fact, conclusions of law, decisions,
					 and orders shall be filed with the authority no later than seven business days
					 after the day the proceedings were concluded, or such other time as may be
					 established by the authority or hearings officer.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 7 - CONTESTED CASES › Section 17-534-79 - Authority's final decisions, orders, findings of fact, and conclusions of law

Current through June, 2024
(a) The authority shall issue its final
				  decision and order together with findings of fact and conclusions of law. The
				  findings of fact, conclusions of law, final decisions, and orders shall be
				  based upon the whole record and shall be supported by reliable, probative, and
				  substantial evidence, including facts on which the authority properly took
				  judicial notice.
(b) If the
				  proceedings were held before a hearings officer and exceptions were filed to
				  the recommended decision, the authority shall afford the parties oral argument
				  as to the exceptions, prior to the authority adoption of a decision and order
				  and findings of fact and conclusions of law.
(c) If any party has timely filed proposed
				  findings of fact, the authority shall incorporate in its decision a ruling upon
				  each proposed finding so presented, provided that a separate ruling on each
				  proposed finding shall not be required.
(d) The authority shall cause to have a
				  certified copy of the decision and order and accompanying findings and
				  conclusions, delivered or mailed within a reasonable time after their adoption
				  by the authority, to each party or the party's authorized
				  representative.
(e) Appeal of the
				  authority's final decision, order, ruling, or action may be made to the circuit
				  court as provided by law.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 7 - CONTESTED CASES › Section 17-534-80 - Procedure before a hearings officer; transmittal to authority

Current through June, 2024
(a) Upon conclusion of the proceedings before
				  the hearings officer and following the timely submittal of proposed findings of
				  fact, conclusions of law, and decision and order, the hearings officer shall
				  prepare a recommended decision in the matter before the authority.
(b) If the recommended decision is adverse to
				  any party to the proceeding other than the authority, the recommended decision
				  shall contain a statement of the reasons therefor and shall include a
				  determination of each issue of fact or law necessary to the recommended
				  decision, and it shall be served upon all parties. Any party adversely affected
				  by the recommended decision may file exceptions thereto an may submit written
				  argument in support of the exceptions to the authority, provided that the
				  exceptions and argument shall be filed within ten days of the service of the
				  recommended decision, or within such other time as may be designated by the
				  hearings officer.
(c) Following the
				  expiration of the time specified in (b) above, or if not applicable, following
				  preparation of the recommended decision, the hearings officer shall transmit
				  the entire record to the authority for action together with the recommended
				  decision, any timely filed exceptions thereto, and any timely submitted written
				  arguments in support of the exceptions.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 8 - MISCELLANEOUS PROVISIONS › Section 17-534-81 - Severability

Current through June, 2024
If any part, section, sentence, clause, or phrase of this
					 chapter, or its application to any person or transaction or other circumstances
					 is for any reason held to be unconstitutional or invalid, the remaining parts,
					 sections, sentences, clauses, and phrases of this chapter, or the application
					 of this chapter to other persons or transactions or circumstances shall not be
					 affected.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Exhibit B - Owner Assistance Amounts

Current through June, 2024
CONSTRUCTION GRANTS
Constructing and Building
Improving and Renovating
0 Bedroom
$6,000.00
$4,500.00
1 or more Bedroom(s)
$7,500.00
$6,000.00
RENT ASSISTANCE LIMITS
0 Bedroom
$200.00
1 or more Bedrooms
$300.00
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 600 - OVERVIEW › Section 17-600-2 - Purpose

Current through June, 2024
The purpose of the rules specified in this subtitle is
				  to:
(1) Identify the types of
				assistance and services offered by DHS-FASD;
(2) Specify conditions which an individual
				shall meet in order to receive the assistance or services; and
(3) Specify conditions which DHS-FASD shall
				follow in administering the social services, financial assistance and food
				stamp programs.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 601 - CONFIDENTIALITY › Section 17-601-1 - Purpose

Current through June, 2024
The purpose of this chapter shall be to define the
				  conditions under which the department of human services, benefit, employment
				  and support services division (DHS-BESSD), may disclose information relating to
				  applicants and recipients of financial assistance, food stamp, and support
				  services programs.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 601 - CONFIDENTIALITY › Section 17-601-2 - Maintenance of records

Current through June, 2024
(a) The department
				of human services, benefit, employment and support services division
				(DHS-BESSD), shall keep records to document information acquired about
				applicants and recipients in the administration of financial assistance, food
				stamp, and support services programs.
(b) This information shall:
(1) Substantiate the expenditure of public
				funds;
(2) Be kept in confidential
				records and files of the DHS-BESSD; and
(3) Not be subject to any other law
				permitting inspection of public records.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 601 - CONFIDENTIALITY › Section 17-601-3 - Restrictions against disclosure of information to persons other than applicants and recipients

Current through June, 2024
(a) This section
				does not apply to:
(1) Individuals receiving
				support services under chapter 17-920.1, which have disclosure provisions
				applicable to those individuals; or
(2) Information which identifies any
				individual who has or has been tested for HIV/AIDS. Disclosure provisions as
				specified in section 17-601-3.01 shall apply to those individuals.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 601 - CONFIDENTIALITY › Section 17-601-3.01 - Restrictions against disclosure of information relating to HIV/AIDS

Current through June, 2024
(a) This section does not apply to
				individuals receiving social services under chapter 17-920.1.
(b) In accordance with section
				325-101,
				HRS, all records including all communication, or specific medical or
				epidemiological information contained therein, which identify any individual
				who has or has been tested for HIV/AIDS, shall be released:
(1) Only with the prior written consent of
				the person or persons to whom the records pertain:
(A) When individuals or agencies other than
				applicants, recipients, or legal guardians of applicants or recipients wish to
				obtain information, or to review a DHS-BESSD record, the requesting party shall
				submit an authorization, signed and dated by the applicant, recipient, or legal
				guardian of the applicant or recipient specifying:
(i) The name of the individual or agency
				authorized to receive the information or to review the record, and the
				individual's agency connection, if any;
(ii) The specific information the DHS-BESSD
				is authorized to release and the purpose for which the information is being
				sought;
(iii) The applicant or
				recipient's social security number or birth date, and address; and
(iv) The expiration date, or expiration event
				that relates to the applicant or recipient or the purpose of the authorization,
				and also specifying that if no expiration date or expiration event is specified
				the authorization shall expire one year from the date the authorization is
				signed;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 601 - CONFIDENTIALITY › Section 17-601-4 - Disclosure of information to applicants or recipients

Current through June, 2024
(a)
				Case records shall be reviewed only in designated areas within the DHS-BESSD's
				offices. The records shall not be removed from the premises.
(b) The provisions of this section shall not
				apply to the disclosure of information, documents, and records relating to
				adoption or child abuse filed in court. Disclosure in these instances shall be
				subject to the provisions of section 17-601-5.
(c) Information from records shall be
				released to the applicant, recipient, authorized representative of the
				applicant or recipient, or legal guardian of the applicant or recipient upon
				the individual's request provided that a signed and dated written request is
				received stating specifically:
(1) What
				information is desired; and
(2)
				Whether the information is desired verbally, through review, or by receipt of
				reproduced copies of the information requested at a cost related to the cost of
				reproduction and postage, if any. When copies of information are requested for
				the purpose of presenting the applicant's or recipient's hearing appeal, there
				shall be no charge for reproduction.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 601 - CONFIDENTIALITY › Section 17-601-5 - Restrictions against disclosure of family court related material

Current through June, 2024
(a) All information, documents, and records
				relating to an adoption and filed in court shall be confidential and shall not
				be released by the DHS-BESSD to an applicant, recipient, or legal guardian of
				the applicant or recipient, or to a third party with or without a written
				authorization.
(b) Access to
				documents and records relative to court proceedings brought under section
				571-11,
				HRS, shall be limited by the following:
(1)
				Social records filed in the court shall not be disclosed. Persons seeking such
				information shall be referred to the family court;
(2) All other documents and records shall be
				open to inspection only by the following persons:
(A) The parties and their
				attorneys;
(B) An institution or
				agency to which custody of the minor has been transferred;
(C) An individual who has been appointed
				legal guardian; and
(D) By court
				order, to persons, institutions, agencies having legitimate interest in the
				protection, welfare, or treatment of the minor; and
(3) Documents and records include:
(A) Court docket;
(B) Petition, complaint;
(C) Motions;
(D) Transcripts of testimony;
(E) Court orders;
(F) Findings and decree; and
(G) Other papers held in the case.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 601 - CONFIDENTIALITY › Section 17-601-6 - Applicant's and recipient's right to correct case record

Current through June, 2024
(a)
				Each applicant and recipient shall have the right to have any factual error in
				the individual's case record corrected and any misrepresentation or misleading
				entry in the record amended by the DHS-BESSD.
(b) The applicant or recipient shall make the
				request in writing specifying the information the individual wishes corrected
				and the reason why.
(c) Within
				twenty working days after the receipt of the written request, the DHS-BESSD
				shall acknowledge the request in writing and:
(1) Make the requested correction or
				amendment. The correction or amendment shall consist of a marginal notation:
(A) Stating that the information has been
				amended; and
(B) Referring to the
				written request for the correction or amendment which is filed in the case
				record; and
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 601 - CONFIDENTIALITY › Section 17-601-7 - Dissemination of material

Current through June, 2024
All material sent or distributed to applicants, recipients,
				  or purchase of service providers, including material enclosed in envelopes
				  containing checks, shall be limited to the administration of support services,
				  financial assistance and food stamp programs specified in section
				  17-601-1.
(1) Mailing or distribution of holiday
				greetings, general public announcements, voting information, and alien
				registration notices shall be prohibited.
(2) Material relating to the health and
				welfare of applicants and recipients, such as announcement of free medical
				exams, availability of surplus food, and consumer protection information may be
				mailed or distributed.
(3) Only the
				names of the persons directly connected with the administration of the
				financial assistance, food stamp, and support services programs and identified
				in an official capacity with the DHS-BESSD shall be contained in material sent
				or distributed to applicants, recipients, and providers.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 601 - CONFIDENTIALITY › Section 17-601-8 - Penalty

Current through June, 2024
(a) Any person who fails to safeguard
				confidential information or who violates rules governing the confidential
				nature of DHS-BESSD information may be prosecuted for a violation. Violators
				shall include, but shall not be limited to:
(1) Any person, including any person who
				acquires information through authorized inspection, who, knowing the
				information to have been acquired from the records or files of the department,
				intentionally divulges the information other than as authorized by law;
				and
(2) A person who intentionally
				and knowingly aids or abets an unauthorized person in the inspection of the
				records or files.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 602.1 - HEARINGS › Subchapter 1 - PURPOSE › Section 17-602.1-1 - Purpose

Current through June, 2024
The purpose of this chapter shall be to establish the
					 administrative provisions of the hearing process including the responsibilities
					 of the DHS-BESSD to the applicant, recipient, or claimant, as well as the
					 rights and benefits of these individuals between the time the individuals
					 express dissatisfaction with any DHS-BESSD action or inaction and the time a
					 final hearing decision is implemented.
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 17-602.1-3 - Informal Review

Current through June, 2024
(a) A dissatisfied
				  individual may request an informal review from the branch welfare office before
				  or after filing a request for a hearing. However, the individual is not
				  required to seek that action before filing a request for a hearing.
(b) Request for informal review may be made
				  of the following individuals:
(1) The
				  eligibility or support services worker;
(2) Unit supervisor;
(3) Section administrator; or
(4) Branch administrator.
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 17-602.1-4 - Right to a hearing

Current through June, 2024
(a) Every applicant
				  for or recipient of public assistance shall be provided an opportunity for a
				  hearing if dissatisfied with any DHS-BESSD adverse action affecting the
				  assistance claim.
(b) Every
				  applicant or recipient filing for a hearing shall have the right to submit a
				  written request naming an authorized representative for hearing purposes. The
				  written authorization shall be received by the department before the department
				  acknowledges any action taken by the authorized representative on the
				  applicant's or recipient's behalf.
(c) Every applicant or recipient shall be
				  informed in writing at the time of application for any form of public
				  assistance and at the time of DHS-BESSD action affecting the individual's
				  assistance claim:
(1) Of the individual's
				  right to a hearing;
(2) Of the
				  method for obtaining a hearing; and
(3) That the individual may present the
				  appeal independently or be represented by an authorized representative such as
				  legal counsel, relative, friend, or any other person of the individual's
				  choice.
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 17-602.1-5 - 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, 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 602.1 - HEARINGS › Subchapter 2 - FINANCIAL ASSISTANCE AND SUPPORT SERVICES PROVISIONS › Section 17-602.1-6 - Action on request for a hearing

Current through June, 2024
(a) When a
				  claimant's written request for a hearing is received by the branch, the branch
				  shall immediately determine whether the request was received within the time
				  period specified in this section and shall submit the request to the hearing
				  officer. The branch shall enter on the request the claimant's name, case
				  number, and date the request was received. When the claimant is a court
				  appointed guardian, the branch shall require verification by the appropriate
				  court documents. The branch shall indicate the claimant's guardian status on
				  the request.
(b) When the request
				  is received by the hearing office, the request shall be date stamped and
				  immediately forwarded to the branch and the branch shall immediately determine
				  whether the request was received within the period specified in this
				  section.
(c) The request shall be
				  received by the department within ninety calendar days of the date on which the
				  notice informing the client of a DHS-BESSD decision was mailed to the claimant
				  and shall refer to that specific decision. If the ninetieth day falls on a
				  weekend or holiday, the ninetieth day shall then be the working day following
				  the weekend or holiday.
(d) If the
				  request was not filed within ninety calendar days of the date the notice was
				  mailed to the claimant, the request shall be denied and the branch shall mail a
				  notice of denial to the claimant.
(e) When the requirements specified in
				  sections 17-602.1-10, 17-602.1-11, or 17-602.1-12 are met, the branch shall
				  reinstate or continue assistance.
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 17-602.1-7 - Branch responsibility

Current through June, 2024
(a) When the branch
				  assists the applicant or recipient in filing for the hearing, the branch shall
				  inform the applicant or recipient of the person's right to legal counsel, and
				  inform the individual of legal resources in the community.
(b) The branch shall review all requests for
				  hearing to assure that all facts are properly considered. If any basis for the
				  grievance is found prior to the hearing, the branch shall promptly take
				  necessary corrective action.
(c)
				  The branch 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.
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 17-602.1-8 - Responsibility of the hearing office

Current through June, 2024
(a) The hearing
				  office shall accept:
(1) Any request directly
				  at the hearing office; and
(2) All
				  requests cleared through income maintenance or support services
				  units.