Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 604.1 - FRAUD PROVISIONS › Subchapter 1 - PURPOSE AND DEFINITIONS › Section 17-604.1-2 - Definitions

Current through June, 2024
As used in this chapter:
"Access device" means any card, including EBT card, plate,
					 code, account number, or other means of access that can be used alone or in
					 conjunction with another access device to obtain payments, allotments,
					 benefits, money, goods, or other things of value, or that can be used to
					 initiate a transfer of funds under the Food Stamp Act of 1977, as
					 amended.
"Authorization to participate (ATP) card" means a document
					 which is issued to a certified household to show the allotment the household is
					 authorized to receive. The ATP card may be issued by a computer or hand issued
					 at the unit.
"Coupon" means any coupon, stamp, EBT card, access device
					 or type of certificate printed by FNS and issued by the department to eligible
					 households for the purchase of eligible food.
"EBT card" means the electronic benefit transfer (EBT)
					 card issued by the department which will allow the holder to access benefits in
					 an EBT account through an automated teller machine (ATM) or point of sale (POS)
					 device.
"Food Stamp Act" means the Food Stamp Act of 1977, as
					 amended (
					 7 U.S.C.
					 §§2011 -
					 2027
					 ).
"FNS" means the Food and Nutrition Service of the United
					 States Department of Agriculture.
"Fraud" means a knowing false statement or
					 misrepresentation of a fact which results in the receipt of a benefit that
					 would not otherwise result without the false statement. For example, failing to
					 report employment income is fraudulent when a recipient, or other party
					 knowingly makes a false statement such as, "no income" or "no employment", to
					 receive public assistance benefits that the recipient would not otherwise
					 receive if the recipient reported the recipient's income.
"Intentional program violation" or "IPV" means any action
					 by an individual, for the purpose of establishing or maintaining eligibility or
					 for increasing or preventing a reduction in benefits, who intentionally:
(1) Made a false or misleading statement;
(2) Misrepresented, concealed, or withheld facts;
(3) Committed any act that constitutes a violation of the
					 Food Stamp Act, the supplemental nutrition assistance program regulations, or
					 any state statute for the purpose of using, presenting, transferring,
					 acquiring, receiving, possessing or trafficking of benefits, coupons,
					 authorization cards, or reusable documents as part of an automated benefit
					 delivery system (access device); or
(4) Violates the provisions of section
					 17-610-11. "Nolo contendere" means
					 "I do not contest it" and has the same effect as a plea of guilty as far as the
					 proceedings on an indictment are concerned.
"Supplemental Nutrition Assistance Program" or 'SNAP"
					 means the nutrition assistance program formerly known as the food stamp
					 program.
"Trafficking" means the buying or selling of coupons, ATP
					 cards, EBT cards or other benefit instruments for cash or consideration other
					 than eligible food; or the exchange of firearms, ammunition, explosives, or
					 controlled substances, as defined in section 802 of title 21, United States
					 Code, for coupons.