HAR §17-604.1-31. 604

1-31 individual of the right to appeal the decision to the department within fifteen days of the date of the notice. [Eff 5/18/96; am 11/22/96; am and comp 6/24/13] (Auth: HRS §346-14) (Imp: 45 C.F.R. §235.110) §17-604.1-31 Waiver of the administrative disqualification hearing. (a) The department shall provide advance notice to the individual suspected of intentional program violation that he or she may waive rights to appear at an administrative disqualification hearing. (b) The advance notice shall include a statement informing the individual of: (1) The date that the signed waiver shall be received by the department and a signature block for the accused individual along with a statement that a caretaker relative shall also sign the waiver if the accused individual is not the caretaker relative, with an appropriately designated signature block; (2) A statement of the accused individual’s right to remain silent concerning the charge(s) and that anything said or signed by the individual concerning the charge(s) may be used against the individual in a court of law; (3) The fact that waiver of the individual’s right to appear at a disqualification hearing may result in a disqualification penalty and a reduction in the assistance payment for the appropriate period even if the accused individual does not admit to the facts as presented by the department; and (4) An opportunity for the accused individual to specify whether or not the individual admits to the facts as presented by the department. (c) When the individual waives the right to appear at a disqualification hearing, the disqualification and appropriate reduction of assistance shall result regardless of whether the individual admits or denies the charges.