HAR §17-604.1-30

HAR §17-604.1-30. 604

Length: 300 wordsOfficial source

Cite as Haw. Code R. § 17-604.1-30

1-30 at the hearing, together with all papers and requests filed in the proceeding, and the decision of the hearing officer shall be made available to the individual or to his or her representative at a reasonable time and place. (i) Decisions by the hearing officer shall: (1) In the event of an evidentiary hearing, consist of a decision memorandum summarizing the facts and identifying the regulations supporting the decision; (2) In the event of a department de novo hearing, specify the reasons for the decision and identify the supporting evidence and regulations; and (3) Be made within ninety days of the date of the notice. (j) The department may not disqualify an individual until the hearing officer finds that the individual has committed an intentional program violation. This does not mean, however, that the department is precluded from discontinuing, terminating, suspending, or reducing assistance, or changing the manner or form of payment to a protective, vendor, or two-party payment for other reasons. (k) If the hearing officer finds that the individual committed an intentional program violation, the department shall provide adequate written notice to the individual prior to disqualification. The notice shall inform the individual of: (1) The decision and the reason for the decision; (2) The period of disqualification which shall begin no later than the first day of the second month which follows the date of notice; and (3) The amount of payment the unit will receive during the disqualification period. (l) In cases of an individual’s disqualification resulting from a prior receipt of assistance, the disqualification shall be effective from the month following the month the administrative disqualification or court decision is rendered. (m) If a hearing officer determines that an individual committed an intentional program violation, the notice of the hearing decision shall inform the
HAR §17-604.1-30: HAR §17-604.1-30. 604 | Justis AI