HAR §17-604.1-9
HAR §17-604.1-9. 604
Length: 334 wordsOfficial source
Cite as Haw. Code R. § 17-604.1-9
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(e) For the first and second violation,
individuals shall be ineligible to participate in SNAP
as a member of any household for a ten-year period per
violation, if the individual is found by the department
to have made, or is convicted by a federal or state
court of having made, a fraudulent statement or
representation with respect to the identity or place of
residence of the individual in order to receive
multiple benefits simultaneously under SNAP. For the
third violation, an individual shall be permanently
ineligible to participate in SNAP.
(f) The penalties in subsections (b) and (c)
shall also apply in cases of deferred adjudication as
described in section 17-604.1-28 where the court makes
a finding that the individual engaged in the conduct
described in subsections (b) and (c).
(g) If the court fails to impose a disqualifi-
cation or a disqualification period for any intentional
program violation, the department shall impose the
appropriate disqualification penalty specified in
subsections (a) through (e) unless it is contrary to
the court order.
(h) One or more intentional program violations
which occurred prior to April 1, 1983, shall be
considered as only one previous disqualification when
determining the appropriate penalty to impose in a case
under consideration.
(i) Regardless of when an action taken by an
individual which caused an intentional program
violation occurred, the disqualification periods
specified in subsections (b) and (c) shall apply to an
case in which the court makes its finding on or after
September 1, 1994.
(j) Individuals found guilty of criminal or civil
fraud by a court of appropriate jurisdiction shall be
ineligible for participation as specified by the court
order. However, if the court fails to impose a
disqualification period for the intentional program
violation, the branch shall impose the disqualification
penalties specified in this section unless it is
contrary to the court order.
(k) The branch shall disqualify only the
individual found to have committed the intentional
program violation, or who signed the waiver of right to