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