Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 606 - INCOME TAX SETOFF PROGRAM › Section 17-606-2 - Definitions

Current through June, 2024
As used in this chapter:
"Administrative hearing" means an administrative proceeding
				  which affords an aggrieved person an opportunity to present an appeal before an
				  impartial department representative for a formal decision.
"Authorized representative" means an individual who has been
				  authorized in a written statement by the claimant to act for and represent the
				  claimant in any and all aspects of the administrative hearing.
"Claimant" means any debtor who has requested an
				  administrative appeal in writing to contest the department's intention to
				  setoff the individual's income tax return to recover a debt. A claimant with a
				  court appointed guardian of the person shall be considered to be represented by
				  the guardian. The guardian shall have all rights and duties of the
				  incapacitated claimant.
"Date of hearing request" means the date the department
				  receives a signed written request for an administrative hearing by the claimant
				  or authorized representative of the claimant which meets all of the criteria of
				  a request for an administrative hearing as defined in this section. When there
				  is no prior written request by the claimant, and no written authorization
				  naming an authorized representative, the date of hearing request shall be the
				  date the authorization is received.
"Debt" means any liquidated sum exceeding $25 which is due
				  and owing to the department, regardless of whether there is an outstanding
				  judgment for that sum and whether the sum has accrued through contract,
				  subrogation, tort, operation of law, or judicial or administrative judgment or
				  order.
"Debtor" means any person who owes a debt to the
				  department.
"Department" means department of human services, family and
				  adult services division.
"Hearing officer" means an impartial person assigned by the
				  department to conduct administrative hearings and to render a final decision.
				  The hearing officer shall not have been directly involved in the initial
				  determination of the action in question.
"Informal review" means a review conducted by department's,
				  administrative office, recovery staff, or investigations office staff at the
				  written or oral request of a dissatisfied individual. An informal review is not
				  the same as the administrative hearing provided the individual after a written
				  request for an administrative hearing is received.
"Pretax setoff notice" means the initial setoff notice that
				  is sent to inform the debtor that the department intends to setoff the debtor's
				  state income tax refund.
"Request for an administrative hearing" means a clear
				  written expression, documenting the appeal by the claimant or authorized
				  representative that the claimant wants an administrative hearing because the
				  claimant is contesting the intent of the department to setoff the claimant's
				  income tax refund to recover a debt to the department.
"Tax setoff" means the interception and retention of state
				  income tax refund to recover a delinquent debt.
"Tax setoff notice" means the notice that is sent at the
				  time the debt is set off against the debtor's state income tax
				  refund.