reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 5 - ENFORCEMENT › Section 5-31-28 - Requiring a security bond or other guarantee from a non-custodial parent

Current through June, 2024
(a) A non-custodial parent owing arrearages
				  exceeding the amount of child support due for a six month period may be
				  required by child support order to give security, post bond, or give some other
				  guarantee to secure payment of such arrearages.
(b) The non-custodial parent shall not be
				  required to provide such security when:
(1)
				  The non-custodial parent is receiving public assistance for the benefit of
				  minor children;
(2) The
				  non-custodial parent does not have means to post bond or other security;
				  or
(3) It is not in the best
				  interest of all the non-custodial parent's dependent children.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 5 - ENFORCEMENT › Section 5-31-29 - Information of arrearages to consumer reporting agencies

Current through June, 2024
(a) Information of arrearages owed by a
				  non-custodial parent that exceeds $2,500 may be released to consumer reporting
				  agencies.
(b) The agency shall
				  provide advance written notice to the non-custodial parent by mailing the
				  notice to the non-custodial parent's last known address. The notice shall
				  inform the noncustodial parent of the following:
(1) The amount of the arrearages;
(2) The agency's intent to release
				  information of the arrearages owed by the non-custodial parent to consumer
				  reporting agencies;
(3) A statement
				  that the non-custodial parent may contest the agency's action by requesting an
				  administrative review in writing within fourteen calendar days of the date of
				  the notice; and
(4) The only issues
				  that may be raised when contesting the intended action are limited to either an
				  error in the amount of the arrearages or an error in the identity of the
				  non-custodial parent,
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 5 - ENFORCEMENT › Section 5-31-30 - Property Liens

Current through June, 2024
(a) Liens on real
				  and personal property shall be established pursuant to section
				  576D-10.5, Hawaii Revised
				  Statutes.
(b) The agency shall be
				  responsible for intercepting and seizing assets, settlements, proceeds, awards,
				  judgments, lotteries, and any other entitlement to money due to noncustodial
				  parents who owe arrearages.
(c) A
				  notice of the amount owed by the non-custodial parent shall be provided to any
				  entity that may be holding funds on behalf of a non-custodial parent to whom
				  subsection (b) applies.
(d) Upon
				  receipt of a written request by the non-custodial parent for an administrative
				  review on the seizure of the funds, the agency shall proceed under section
				  5-31-35.1.
(e) Prior to the agency
				  receiving the funds, if the agency is served with proper notice that the
				  non-custodial parent is contesting the seizure through a judicial proceeding,
				  the agency shall notify the entity to hold the funds until the proceeding has
				  been completed.
(f) If, after the
				  judicial proceeding has been completed, it is determined that the seizure is
				  proper and the funds have not been released to the agency, the agency shall
				  notify the entity to release the funds to the agency.
(g) If, after an administrative review or a
				  judicial proceeding, it is determined that the seizure is improper and the
				  funds have not been released to the agency, the agency shall notify the entity
				  that the lien is withdrawn.
(h)
				  Liens may not be enforced if the administrator determines that it is not in the
				  best interest of the child.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 5 - ENFORCEMENT › Section 5-31-31 - State income tax refund setoff and overpayment refund

Current through June, 2024
(a) The agency shall refer those persons who
				  owe arrearages in an amount that meet the requirements of section
				  231-53,
				  Hawaii Revised Statutes, to the state department of accounting and general
				  services for income tax refund setoff.
(b) The agency shall provide advance written
				  notice to the non-custodial parent by pre-setoff letter of the initial referral
				  of the non-custodial parent for state income tax refund setoff. The pre-setoff
				  letter shall be mailed to the non-custodial parent's last known address and
				  shall include:
(1) The amount of the
				  arrearages;
(2) The agency's intent
				  to refer the non-custodial parent for state income tax refund setoff due to
				  arrearages owed ;
(3) A statement
				  that the non-custodial parent may contest the agency's action by requesting an
				  administrative review in writing within fourteen calendar days of the date of
				  the notice; and
(4) An explanation
				  that the issues that may be raised when contesting the action are limited to
				  either an error in the amount of the arrearages or an error in the identity of
				  the non-custodial parent.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 5 - ENFORCEMENT › Section 5-31-31.1 - Federal income tax refund offset

Current through June, 2024
(a) The agency
				  shall refer to the federal Office of Child Support Enforcement, those persons
				  who owe arrearages in an amount that meets the requirements for federal income
				  tax refund offset.
(b) Referrals to
				  the Office of Child Support Enforcement will result in a pre-offset notice to
				  the non-custodial parent. Upon receiving the notice, the non-custodial parent
				  may request that the agency conduct an administrative review of the arrearages
				  owed.
(c) Once a federal income tax
				  refund offset has been made, the Secretary of the United States Treasury will
				  send notice to the non-custodial parent indicating that the offset has
				  occurred. Upon receiving the notice, the non-custodial parent may challenge the
				  offset and request an administrative review from the agency. Challenges
				  received by the agency after the federal income tax refund offset has been
				  disbursed may not result in a return of the offset amount.
(d) The agency shall refer any challenge to
				  the offset by the non-custodial parent's spouse to the Secretary of the United
				  States Treasury.
(e) Collections
				  resulting from federal income tax refund offsets shall be distributed in
				  accordance with federal regulations. When the offset is received, it may be
				  held for up to thirty calendar days in single filed tax returns and for up to
				  one hundred eighty calendar days in jointly filed tax returns.
(f) In cases where arrearages are owed to the
				  State during the period that the custodial parent received temporary assistance
				  for needy families, the amounts collected shall first be distributed to the
				  federal and the state governments for reimbursement of the assistance
				  paid.
(g) Upon receipt of a written
				  request for an administrative review, the agency shall proceed under section
				  5-31-35.1. If the arrearages are based upon another state's child support order
				  and the non-custodial parent requests that the administrative review be done by
				  the state that issued the order, the agency shall send the non-custodial
				  parent's request along with all necessary documentation to the appropriate
				  entity in the state that issued the order.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 5 - ENFORCEMENT › Section 5-31-32 - Income withholding

Current through June, 2024
(a) The agency
				  shall initiate income withholding for all title IV-D cases unless a
				  determination has been made by the agency that income withholding would not be
				  in the best interest of the child.
(b) If income withholding is initiated on the
				  basis of an arrearage, the administrator or designee may sign an income
				  withholding order which includes an additional amount to reduce the arrearages
				  owed. A copy of the income withholding order shall be filed in the office of
				  the clerk of the circuit court in the circuit where the child support order was
				  issued.
(c) The agency shall send a
				  filed copy of the income withholding order to the non-custodial parent and a
				  notice of the income withholding to the employer. Such income withholding
				  procedures and challenges thereto are specified in section
				  576D-14,
				  Hawaii Revised Statutes.
(d) In
				  those cases where current child support has been suspended or terminated and
				  arrearages are owed, the most recent income withholding order that has not been
				  terminated by court or administrative order shall continue in effect and may be
				  served on current or future employers until such time as the arrearages are
				  fully satisfied.
(e) Upon receipt
				  of a written request for an administrative hearing regarding the income
				  withholding action, the agency shall proceed under section 5-31-35.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 5 - ENFORCEMENT › Section 5-31-32.1 - License suspension

Current through June, 2024
(a) The agency may
				  refer non-custodial parents who are delinquent in child support in an amount
				  that would be owed for a three-month period to appropriate licensing
				  authorities to suspend their driver's license.
(b) The agency may refer non-custodial
				  parents who are delinquent in child support in an amount that would be owed for
				  a six-month period to appropriate licensing authorities to suspend their
				  professional license(s).
(c) The
				  agency may refer individuals who have failed to comply with the subpoena or the
				  warrant relating to a paternity or a child support proceeding to appropriate
				  licensing authorities to suspend the individual's driver's or professional
				  license(s) or both.
(d) The agency
				  may refer individuals who have not obtained or maintained health insurance
				  coverage as required by a child support order to appropriate licensing
				  authorities to suspend the individual's driver's or professional license(s) or
				  both.
(e) License suspension
				  procedures and challenges thereto are specified in section
				  576D-13,
				  Hawaii Revised Statutes.
(f) Where
				  the non-custodial parent has entered into a repayment agreement in response to
				  a notice of impending license suspension action and has failed to comply with
				  the agreement, the agency shall refer the non-custodial parent to appropriate
				  licensing authorities to suspend the individual's driver's or professional
				  license(s) or both without further advance notice to the affected
				  individual.
(g) Upon receipt of a
				  written request for an administrative hearing regarding the license suspension
				  action, the agency shall proceed under section 5-31-35.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 5 - ENFORCEMENT › Section 5-31-32.2 - Administrative financial institution data match

Current through June, 2024
(a) The
				  agency shall enter into agreements with financial institutions to exchange data
				  related to non-custodial parents that owe arrearages.
(b) The agency may be responsible for
				  freezing and seizing funds from the accounts of delinquent non-custodial
				  parents that have active accounts. The administrative financial institution
				  data match process may be initiated against a non-custodial parent who owes
				  arrearages equal to or greater than the amount owed for one month of child
				  support and the arrearages amount has been outstanding for a three month
				  period.
(c) A notice of lien and
				  levy shall be served on the financial institution that may be holding funds on
				  behalf of a non-custodial parent to whom subsection (b) applies. Upon being
				  served with notice, the financial institution:
(1) Notifies the account holders of the
				  freeze of the account and the impending seizure;
(2) Discloses to the agency the amount being
				  held, if any, pursuant to the notice of lien and levy, and also inform the
				  agency of any safe deposit box held in the name of the non-custodial parent;
				  and
(3) Sixty calendar days after
				  being served with the lien, shall turn over the funds to the agency unless
				  otherwise informed by the agency that the institution should hold onto the
				  funds for a longer period.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 5 - ENFORCEMENT › Section 5-31-32.3 - Referral for passport denial

Current through June, 2024
(a) The agency may
				  request the federal Office of Child Support Enforcement to deny, revoke, or
				  limit the passport of any non-custodial parent that owes arrearages equal to or
				  greater than $2,500.
(b) In cases
				  where such requests are approved, passport privileges will not be restored
				  unless the arrearages have been fully satisfied.
(c) The administrator has the discretion to
				  request the restoration of passport privileges when the non-custodial parent
				  clearly demonstrates an inability to fully satisfy the arrearages owed and that
				  exigent circumstances exist.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 5 - ENFORCEMENT › Section 5-31-32.4 - Other enforcement mechanisms

Current through June, 2024
The agency may utilize other enforcement mechanisms to
					 collect arrearages. These include, but are not limited to:
(1) Garnishment;
(2) Criminal forfeiture;
(3) Tax sale; and .,
(4) Foreclosure.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 5 - ENFORCEMENT › Section 5-31-32.5 - Referral for special prosecution

Current through June, 2024
In cases where the non-custodial parent owes arrearages
					 and the agency is not successful in securing his or her compliance in meeting
					 child support obligations, the agency may refer the cases to the appropriate
					 county, state, or federal agencies for special prosecution.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 5 - ENFORCEMENT › Section 5-31-32.6 - Bankruptcy

Current through June, 2024
During the pendency of the noncustodial parent's
					 bankruptcy proceeding, the agency may file a proof of claim and take all
					 appropriate enforcement actions.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 5 - ENFORCEMENT › Section 5-31-32.7 - Insurance company data match

Current through June, 2024
(a) The agency may
				  enter into agreements to obtain insurance claim information related to
				  non-custodial parents that owe arrearages.
(b) The agency may institute such enforcement
				  action as appropriate based upon the information obtained from the data match.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 5 - ENFORCEMENT › Section 5-31-35 - Requests for administrative hearings on enforcement actions

Current through June, 2024
(a) After receipt of a written request for an
				  administrative hearing on an enforcement action imposed by the agency, a
				  determination shall be made whether the criteria for scheduling a hearing have
				  been met.
(b) The criteria for
				  scheduling an administrative hearing include:
(1) Receipt of the written request for a
				  hearing on a timely basis as prescribed by the specific enforcement action;
				  and
(2) The issues stated in the
				  request are limited to those which are allowed to be considered by applicable
				  state law and federal regulations.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 5 - ENFORCEMENT › Section 5-31-35.1 - Requests for administrative review on enforcement actions

Current through June, 2024
(a) After receipt of a written request for an
				  administrative review on an enforcement action imposed by the agency, a
				  determination shall be made whether the criteria for scheduling an
				  administrative review have been met.
(b) The criteria for scheduling an
				  administrative review include:
(1) Receipt of
				  the written request for a review on a timely basis as prescribed by the
				  specific enforcement action; and
(2) The issues stated in the request are
				  limited to those which are allowed to be considered by applicable state law and
				  federal regulations.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 5.1 - COLLECTIONS AND DISBURSEMENTS › Section 5-31-38 - State collection and disbursement unit

Current through June, 2024
(a) The
				  agency shall maintain a statewide collection and disbursement unit. This unit
				  shall receive child support collections and disburse funds to the proper
				  parties as required by federal law.
(b) The agency shall meet the federal
				  requirements governing the disbursement of money received pursuant to a child
				  support order.
(c) When the
				  non-custodial parent makes a child support payment by personal check and there
				  are insufficient funds in the account, the non-custodial parent shall be
				  instructed to submit future payments by cashier's check, certified bank check,
				  money order, or another method that will ensure valid payment.
(d) When the non-custodial parent's employer
				  makes a child support payment by company check and there are insufficient funds
				  in the account, the employer shall be instructed to submit future payments by
				  cashier's check, certified bank check, money order, or another method that will
				  ensure valid payment.
(e) Any check
				  received that does not clear due to insufficient funds or any other reason, may
				  not be given credit as payment for child support.
(f) When the agency disburses a payment to
				  the custodial parent, an assignment of the right to receive and retain the
				  amount that the agency disbursed is created from the custodial parent to the
				  agency in the following circumstances:
(1)
				  Where a payment is disbursed to the custodial parent based upon a check
				  received by the agency that does not clear due to insufficient funds or for any
				  other reason;
(2) Where a payment
				  is disbursed to the custodial parent based upon a federal or state tax
				  intercept refund received by the agency that has subsequently been retracted by
				  the federal or state tax authority; or
(3) Where a payment received by the agency is
				  erroneously disbursed to the custodial parent.
The amount covered by the assignment may be established as
					 an arrearage owed by the non-custodial parent to the agency and may include any
					 applicable fees. Such arrearages shall be eligible for collection through all
					 appropriate child support enforcement mechanisms.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 6 - MAINTENANCE OF RECORDS › Section 5-31-39 - Safeguarding information

Current through June, 2024
The agency shall maintain such records as may be necessary
					 and proper to carry out its functions in accordance with title IV-D of the
					 Social Security Act and chapter
					 576D, Hawaii Revised Statutes. The
					 use or disclosure of information concerning applicants and recipients shall be
					 limited pursuant to section
					 576D-12,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 6 - MAINTENANCE OF RECORDS › Section 5-31-40 - Retention of records

Current through June, 2024
(a) Case records
				  shall be retained, by the agency for at least three years from the date of
				  closure, in accordance with 45 C.F.R. Part 74, Subpart D.
(b) The agency may require of the requestor
				  payment of a reasonable fee for the reproduction and processing of
				  records.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 7 - CASE CLOSURE › Section 5-31-44 - Criteria for case closure

Current through June, 2024
(a) The agency may
				  close a case without application by any party to the case.
(b) Cases may be closed if the case meets at
				  least one of the following criteria:
(1) There
				  is no longer a current support order and arrearage is under $500 or
				  unenforceable under state law.
(2)
				  The absent parent or putative father is deceased and no further action,
				  including a levy against the estate, can be taken.
(3) Paternity has not been established and
				  will not be pursued because:
(A) The child
				  has reached the age of three years beyond the age of majority and the action is
				  barred by a statute of limitations;
(B) All identified putative fathers have been
				  excluded by genetic testa or legal process; or
(C) The agency has determined that it would
				  not be in the best interests of the child, pursuant to section 5-31-4(c), to
				  establish paternity.
(4)
				  The agency is unable to locate the absent parent over a three-year period,
				  having made periodic efforts according to schedules prescribed by federal
				  regulations using available and appropriate location sources.
(5) The absent parent is institutionalized in
				  a licensed facility for the mentally ill, incarcerated with no chance of
				  parole, or medically totally and permanently disabled, and no income or assets
				  are available.
(6) The absent
				  parent is a citizen of and lives in a foreign country, does not work for the
				  United States government or a company which has its headquarters or offices in
				  the United States, has no accessible domestic income or assets, and the State
				  has been unable to establish reciprocity with the foreign country in which the
				  absent parent resides.
(7) The
				  custodial parent has requested only location services from the Federal Parent
				  Locator Service and the request has been completed.
(8) The custodial parent has requested case
				  closure in a non-AFDC, former AFDC, Medicaid, or foster care case, and there is
				  no assigned arrearage.
(9) There
				  has been a finding of good cause for failure to cooperate and the title IV-A or
				  title IV-E agency has determined that support enforcement may not
				  proceed.
(10) The agency is unable
				  to contact a non-AFDC custodial parent by telephone or letter over a period of
				  thirty calendar days and at least one certified or registered letter has been
				  sent.
(11) The non-AFDC custodial
				  parent is uncooperative with the agency and the agency is unable to proceed
				  with the case without the custodial parent's cooperation, and there is no
				  assigned arrearage.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 7 - CASE CLOSURE › Section 5-31-45 - Notice of case closure

Current through June, 2024
(a) In cases
				  meeting the criteria in section 5-31-44(b)(1) through (6), (10) and (11), the
				  agency shall notify the applicant of the closing of a title IV-D case by
				  sending written notice to the applicant's last known address. The notice shall
				  be sent at least sixty calendar days prior to the effective date of
				  closure.
(b) The notice shall
				  inform the applicant of:
(1) The agency's
				  intent to close the case;
(2) The
				  effective date of closure,-
(3) The
				  reasons for the intended action;
(4) The statutes and rules supporting the
				  action; and
(5) An explanation that
				  the applicant may submit information that was previously unknown to the agency,
				  which may impact upon the disposition of the case, within sixty calendar days
				  of the date of the notice.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 7 - CASE CLOSURE › Section 5-31-46 - Maintaining active case status

Current through June, 2024
If the agency receives information on a case in response to
					 the notice of closure sent pursuant to section
					 5-31-45 of this chapter, within the
					 specified timeframe, and the information enables the agency to proceed with the
					 process of the case, the agency shall maintain the case as active and proceed
					 with appropriate action.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 8 - INTERSTATE › Section 5-31-49 - Initiating and responding interstate cases

Current through June, 2024
(a) Once proper
				  application has been received and a determination has been made to initiate
				  appropriate action to an other state, the agency shall send all necessary
				  documentation to the other state for the locate of an individual, the
				  establishment of paternity or child support or both, modification of an
				  existing child support order, or the enforcement, and collection of child
				  support.
(b) Upon receipt of a
				  proper interstate request from an other state, the agency shall process the
				  request and take all appropriate action.
(c) Where the agency is the responding state,
				  information shall be disclosed in accordance with the requirements of the
				  initiating state.
(d) All actions
				  shall be taken within the time frames specified by federal law.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 8 - INTERSTATE › Section 5-31-50 - Central registry

Current through June, 2024
The agency shall maintain a central registry that receives
					 and distributes interstate requests, and responds to interstate inquiries
					 within the time frames, specified by federal law.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 8 - INTERSTATE › Section 5-31-51 - Federal full faith and credit for child support orders act

Current through June, 2024
Federal full faith and credit for child support orders act
					 requires that a valid order issued by an other state be recognized and enforced
					 as if the order were issued in this State.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 9 - PENALTIES › Section 5-31-58 - Penalties for failure to cooperate with the agency's request for information

Current through June, 2024
(a) Any person or entity that wilfully fails
				  to promptly respond to the agency's request for information shall be subject to
				  a fine of no more than $1,000.
(b)
				  When there is wilful failure to promptly respond to the agency's request for
				  information, the person or entity shall be sent a written notice of the
				  agency's findings by regular mail and shall have fourteen calendar days to
				  comply with the agency's request.
(c) If there is no compliance after fourteen
				  calendar days, then civil penalties may be imposed as follows:
(1) The first instance shall result in a fine
				  of $250;
(2) The second instance
				  shall result in a fine of $500; and
(3) The third and subsequent instances shall
				  result in a fine of $1,000.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 1 - GENERAL PROVISIONS › Section 5-34-1 - Purpose

Current through June, 2024
This chapter provides rules of practice and procedure to
					 govern expedited administrative proceedings commenced within the department of
					 the attorney general pursuant to
					 42
					 United States Code section 666, and chapters
					 576E and
					 91, Hawaii Revised Statutes, for the
					 purpose of establishing, modifying, suspending, terminating, and enforcing
					 child support orders while guaranteeing a fair evidentiary
					 hearing.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 1 - GENERAL PROVISIONS › Section 5-34-2 - Definitions

Current through June, 2024
For the purposes of this chapter:
"Administrator" means the hearings officer appointed and
					 commissioned by the attorney general as the supervisor of the OCSH.
"Agency" means the child support enforcement agency as
					 defined in section
					 576E-1, Hawaii
					 Revised Statutes.
"Custodial parent" means the custodial parent as defined in
					 section
					 576E-1, Hawaii
					 Revised Statutes.
"Debt" means public assistance debt as described in section
					 346-37.1,
					 Hawaii Revised Statutes.
"Department" means the department of the attorney
					 general.
"Hearings officer" means a hearings officer as defined in
					 section
					 576E-1, Hawaii
					 Revised Statutes.
"Office" means the office of child support hearings as
					 defined in section
					 576E-1, Hawaii
					 Revised Statutes.
"Party" means a person, state, or agency named in a
					 proceeding or any interested person or aggrieved person entitled as of right to
					 participate in the proceeding before a hearings officer.
"Proceedings" means the expedited administrative
					 proceedings under this chapter pursuant to chapters 576E and
					 91 and, when otherwise applicable,
					 chapters
					 231,
					 571, 576B,
					 576D,
					 580, and
					 584, Hawaii Revised Statutes.
"Responsible parent" means a responsible parent as defined
					 in section
					 576E-1, Hawaii
					 Revised Statutes.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 1 - GENERAL PROVISIONS › Section 5-34-3 - Office

Current through June, 2024
All communications to the hearings officers as authorized
					 by this chapter, unless otherwise specifically directed, shall be addressed
					 to:
Office of Child Support Hearings
Department of the Attorney General
State of Hawaii
Kakuhihewa Building
601 Kamokila Boulevard, Room 436
Kapolei, HI 96707
All communications to the administrative process branch of
					 the agency, unless otherwise specifically directed, shall be addressed
					 to:
Administrative Process Branch
Child Support Enforcement Agency
Department of the Attorney General
State of Hawaii
Kakuhihewa Building
601 Kamokila Boulevard, Room 251
Kapolei, HI 96707
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 1 - GENERAL PROVISIONS › Section 5-34-4 - Pro se appearance

Current through June, 2024
A party may appear on his or her own behalf at any stage of
					 the proceedings.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 1 - GENERAL PROVISIONS › Section 5-34-5 - Representation

Current through June, 2024
A party, at his or her own expense, may be represented by
					 legal counsel or any other individual authorized by the party at any stage of
					 the proceedings. A representative may be required to furnish proof of
					 authorization and qualification to act in that capacity.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 1 - GENERAL PROVISIONS › Section 5-34-7 - Consolidation

Current through June, 2024
The hearings officer, sua sponte, or upon any party's
					 motion timely made and for good cause shown, may consolidate two or more
					 proceedings which involve substantially the same issues, arising out of the
					 same general transaction, or involving the same person or
					 persons.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 1 - GENERAL PROVISIONS › Section 5-34-8 - Requests and motions

Current through June, 2024
(a) Requests and
				  motions regarding a hearing shall be in writing, shall be signed by the party
				  or representative submitting the request or motion, and shall include the
				  following:
(1) The date the request is
				  written;
(2) The name, address, and
				  telephone number of the party or representative making the request;
(3) The names of the responsible parent and
				  the custodial parent;
(4) The date,
				  time, and location of the hearing;
(5) The agency's case number; and
(6) The request and the reason for the
				  request,
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 1 - GENERAL PROVISIONS › Section 5-34-9 - Computation of time

Current through June, 2024
In computing any period of time prescribed or allowed by
					 these rules, the day of the act, event, or default after which the designated
					 period of time begins to run shall not be included. The last day of the period
					 so computed shall be included unless it is a Saturday, a Sunday, or a holiday,
					 in which event the period runs until the end of the next day which is not a
					 Saturday, a Sunday, or a holiday. When the period of time prescribed or allowed
					 is less than seven days, intermediate Saturdays, Sundays, and holidays shall be
					 excluded in the computation. As used in this rule, "holiday" includes any day
					 designated as such pursuant to section
					 8-1 of the
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 1 - GENERAL PROVISIONS › Section 5-34-10 - Hearings officer

Current through June, 2024
A hearings officer shall have the following powers:
(1) Issue notices;
(2) Administer oaths and
				  affirmations;
(3) Consolidate
				  hearings or sever proceedings;
(4)
				  Subpoena and examine witnesses;
(5)
				  Issue subpoenas;
(6) Rule upon
				  offers of proof, receive relevant evidence, and exclude evidence which is
				  irrelevant, immaterial, repetitious, or cumulative;
(7) Regulate the course and conduct of the
				  hearing, including the referral for contempt proceedings;
(8) Regulate the manner of any examination so
				  as to prevent the harassment, or intimidation, of any witness at the
				  hearing;
(9) Remove disruptive
				  individuals, including any party, legal counsel, witness, or
				  observer;
(10) Hold conferences,
				  before or during the hearing for the settlement or simplification of
				  issues;
(11) Rule on motions and
				  dispose of procedural matters;
(12)
				  Conduct hearings and enter orders as authorized under chapter 576E, Hawaii
				  Revised Statutes, and other applicable statutes;
(13) Dispose of other matters that properly
				  arise in the course of contested proceedings;
(14) Continue hearings sua sponte or upon
				  motion of the parties; and
(15)
				  Dismiss the action whenever it appears by motion of the parties or sua sponte
				  by the hearings officer for good cause shown.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 1 - GENERAL PROVISIONS › Section 5-34-11 - Disqualification of hearings officer

Current through June, 2024
(a) A hearings
				  officer may disqualify himself or herself when the hearings officer's
				  impartiality might reasonably be questioned, including, but not limited to
				  instances where:
(1) The hearings officer has
				  a financial interest in the subject matter in controversy or in a party to the
				  proceeding such that the outcome of the proceeding will be substantially
				  affected; or
(2) The hearings
				  officer or his or her spouse is related to a party to the proceeding within the
				  third degree.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 1 - GENERAL PROVISIONS › Section 5-34-12 - Ex parte communications

Current through June, 2024
(a) In any
				  administrative proceeding before a hearings officer, the agency or any other
				  government agency shall not privately communicate on the merits of the case
				  with the hearings officer.
(b) It
				  shall be improper for the department or any person interested in a proceeding
				  to seek to influence the judgment of the hearings officer.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 1 - GENERAL PROVISIONS › Section 5-34-13 - Subpoenas; where provided by law; form

Current through June, 2024
(a) A hearings
				  officer, sua sponte, or at the request of a party, shall have the power to
				  issue subpoenas requiring the attendance of witnesses or the production of
				  documents or things at the hearing. The hearings officer may require that any
				  request for the issuance of a subpoena identify with particularity the person
				  to be subpoenaed or the documents or things desired. Witnesses summoned shall
				  be paid the same fees and mileage as are paid witnesses in family court in the
				  state. Every subpoena shall state the name of the department and the title of
				  the proceeding, and shall command the person to whom it is directed to attend
				  and give testimony or to produce the documents or things designated. Service of
				  a subpoena upon a person named therein shall be made by delivering a copy
				  thereof to such person and by tendering to such person the fees for one day's
				  attendance and the mileage allowed by law. The party requesting issuance of the
				  subpoena shall be responsible for preparation and service of the subpoena and
				  for tendering payment of any fees for attendance and mileage required by law.
				  When the subpoena is issued on behalf of the State or a county, or an officer
				  or agency of the State or a county, fees for attendance and mileage need not be
				  tendered.
(b) Upon motion timely
				  made, or upon the hearings officer's own motion, the hearings officer may quash
				  or modify the subpoena if it is unreasonable or oppressive.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 2 - PROCEDURES › Section 5-34-14 - Administrative hearings; transmission of case file; notice

Current through June, 2024
(a) Upon receipt of the request for hearing,
				  the agency shall transmit a hearings case file to the office.
(b) All parties shall be given written notice
				  of the hearing at least fifteen days before the hearing. The notice shall
				  include the date, time, place, and nature of the hearing.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 2 - PROCEDURES › Section 5-34-14.5 - Disposition of actions prior to hearing

Current through June, 2024
(a) Following a
				  request for hearing, a hearings officer may grant:
(1) A waiver of the requested
				  hearing;
(2) A motion to dismiss;
				  or
(3) A motion to
				  continue.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 2 - PROCEDURES › Section 5-34-15 - Conduct of hearings

Current through June, 2024
(a) Unless
				  authorized by the hearings officer, attendance at a hearing shall be limited to
				  the parties. The hearing shall be recorded. A copy of the recording shall be
				  available upon written request submitted to the office. The office does not
				  provide transcripts of recordings.
(b) Hearings may be conducted by telephone or
				  other electronic telecommunication methods at the discretion of the hearings
				  officer.
(c) Hearings shall be
				  conducted in the offices of the agency or at other locations as may be
				  designated by the hearings officer.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 2 - PROCEDURES › Section 5-34-16 - Evidence; discovery; admissibility criteria

Current through June, 2024
(a) All
				  relevant and material evidence is admissible which, in the opinion of the
				  hearings officer, is the best evidence reasonably obtainable, having due regard
				  for its necessity, availability, and trustworthiness. In ruling upon the
				  admissibility of evidence, the hearings officer shall give consideration to,
				  but shall not be bound by, the rules of evidence governing civil
				  proceedings.
(b) Documentary
				  evidence may be received in the form of copies and excerpts or incorporated by
				  reference; provided that, upon request, all other parties to the proceedings
				  shall be given an opportunity to compare the copy with the original.
(c) The hearings officer shall give effect to
				  the privileges recognized by law, and may take notice of judicially
				  recognizable facts and of generally recognized technical or scientific
				  facts.
(d) Every party shall have
				  the right to cross-examine witnesses and to submit rebuttal evidence.
(e) When objection is made to the
				  admissibility of evidence, such evidence may be received subject to a later
				  ruling. The hearings officer may use discretion to exclude inadmissible or
				  cumulative evidence. Parties objecting to the introduction of evidence shall
				  state the precise ground of objection at the time the evidence is
				  offered.
(f) Except as otherwise
				  provided by law, the burden of proof shall be upon the party initiating the
				  proceeding. Proof of a matter shall be by a preponderance of the
				  evidence.
(g) Every party shall
				  provide to the other parties copies of all documents intended to be offered or
				  used as evidence.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 2 - PROCEDURES › Section 5-34-18 - Duty to serve other parties

Current through June, 2024
Unless otherwise provided by law, a party submitting a
					 pleading, motion, memorandum, or request shall provide, in a timely manner, a
					 copy to each of the other parties or their representatives.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 2 - PROCEDURES › Section 5-34-19 - Consent order

Current through June, 2024
In any administrative proceeding under this chapter,
					 attempts to reach an agreed disposition are encouraged. A case may be disposed
					 by consent order which shall be deemed to be a waiver of the right to a hearing
					 and the right to appeal to the family court.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 2 - PROCEDURES › Section 5-34-20 - Default

Current through June, 2024
If the party upon whom notice of hearing was served fails
					 to appear at the time and place of the scheduled hearing, the hearings officer
					 may, upon showing of valid notice, enter default against the party and enter
					 orders and decisions as appropriate.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 2 - PROCEDURES › Section 5-34-21 - Decision and order after hearing

Current through June, 2024
After the close of a hearing, the hearings officer shall
					 enter an administrative order or decision, together with findings of fact and
					 conclusions of law.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 2 - PROCEDURES › Section 5-34-23 - Effective date of order

Current through June, 2024
Only support obligation payments accruing subsequent to
					 service of the request or proposed order on all parties may be modified, and
					 only upon a showing of a substantial and material change of circumstances. The
					 effective date of an order establishing or terminating a child support
					 obligation shall be within the discretion of the hearings
					 officer.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 2 - PROCEDURES › Section 5-34-24 - Appeal to family court

Current through June, 2024
(a) Any party
				  aggrieved by an administrative order is entitled to judicial review in
				  conformance with sections
				  91-14
				  and
				  576E-13,
				  Hawaii Revised Statutes.
(b) The
				  parties on appeal shall follow applicable rules of the family courts and
				  appellate procedure.
(c) The
				  thirty-day period for filing a notice of appeal with the family court may be
				  extended for good cause shown upon written motion or request submitted to the
				  administrator within the thirty-day period.