HAR §17-647-5. Responsibilities of the applicant

(a) The applicant for financial assistance and food stamps shall provide the department with information, supported by documents, to establish the value of the applicant's assets and the amount of income received. (b) For the financial assistance programs, the applicant shall: (1) Provide the department with information, supported by documents, to establish the monthly requirements recognized in the standard of assistance; (2) Apply for and develop potential sources of income and assets; and (3) Meet all of the requirements of the various categories of assistance. (c) The applicant for financial assistance who fails to meet all of the eligibility factors, fails to cooperate with the department by providing the information and verification necessary to determine eligibility by department deadlines, fails to apply for and develop potential sources of income and assets, or refuses to inform the department of the amount of the unapplied for and undeveloped potential source of income and assets when known, shall be ineligible. (d) For the food stamp program, an application shall be completed and signed, a household or its authorized representative shall be interviewed, and certain information on the application shall be verified. (1) If a household refuses to cooperate with the branch in completing this process, the application shall be denied at the time of §17-647-5 647-10 refusal. In order to determine whether a household is refusing to cooperate, the household shall be able to cooperate, but the household shall clearly demonstrate that it will not take actions which it can take and are required to complete the application process. If there is any question as to whether a household has merely failed to cooperate, the application shall not be denied. A household shall also be determined ineligible if it refuses to cooperate in any subsequent review of its eligibility, including reviews generated by reported changes and applications for recertification. Once denied or terminated for refusal to cooperate, the household may reapply but shall not be determined eligible until it cooperates with the state agency. (2) The household also shall be determined ineligible if it refuses to cooperate in any subsequent review of its eligibility as a part of a quality control review. If a household is terminated for refusal to cooperate with a quality control reviewer, the household may reapply but shall not be determined eligible until it cooperates with the quality control reviewer. If a household reapplies after ninety-five days from the end of the annual review period, the household shall not be determined ineligible for its refusal to cooperate with a quality control reviewer during the completed review period, but must provide verification of all eligibility requirements prior to being determined eligible. (3) The household shall not be determined ineligible when a member outside of the household fails to cooperate with a request for verification. Individuals identified as nonhousehold members or excluded household §17-647-6 647-11 members according to chapter 17-655 shall not be considered as individuals outside of the household. [Eff 3/19/93; am 3/19/93; am 8/01/94 ] (Auth: HRS §346-14) (Imp: HRS §346-53; 7 C.F.R. §273.2(d); 45 C.F.R. §233.20) §17-647-6 Requirements for disposition of application. (a) The eligibility worker shall contact the applicant through an office interview, a telephone contact, or a home visit before the application is approved. (b) Contact with an applicant shall not be required if the application is to be denied by the department or withdrawn by the applicant. (c) Information on the application form shall be considered completed and substantiated when the individual or the authorized representative states that the information is true and correct by signing the application form, unless: (1) The applicant's statements do not conform to other facts in the case situation; (2) Any part of the information furnished is found to be unclear, inconsistent, or incomplete; or (3) The department has specific policies or procedures which require verification of facts such as income, assets, citizenship, birthdate, social security number, rental payment, and work expenses. (d) The applicant shall be the primary source of information for establishing eligibility for financial assistance. The applicant shall also be the primary source of information to meet specific eligibility criteria of the various categories of assistance. (e) The eligibility worker shall determine whether the applicant is eligible for financial assistance and food stamps according to established departmental rules. If the financial assistance §17-647-6 647-12 application is denied, the eligibility worker shall make a separate determination as to whether the applicant is eligible for food stamps. Each decision regarding eligibility or ineligibility shall be supported by facts in the applicant's case record. Each application is disposed of by a finding of eligibility or ineligibility unless the application is discountinued. (f) An application shall be discontinued if: (1) The applicant voluntarily withdraws the application. A notice shall be sent to confirm the withdrawal and to advise the applicant of its right to reapply at any time; or (2) The applicant died or could not be located. The eligibility worker's efforts to contact the absent applicant shall be recorded in the case record. (g) Specific requirements applicable to the food stamp interview and verification provisions are contained in sections 17-647-31 and 17-647-32. [Eff 3/19/93; am 8/01/94 ] (Auth: HRS §§346-14, 346-53) (Imp: HRS §346-29; 7 C.F.R. §273.2; 45 C.F.R. §206.10) §17-647-7 Notification to applicant of disposition of application. (a) The applicant shall be sent a written notice that contains a statement of the action taken, the reasons for the action, the specific rules supporting the action, and an explanation of the applicant's right to request a hearing. If the application is approved, the notice shall include the amount of financial assistance and food stamps which shall be provided to the applicant. If the application is denied, the notice shall include: (1) An explanation of the basis for the denial; (2) The applicant's right to request a hearing; (3) The telephone number of the branch office; (4) The name of the person to contact for additional information; §17-647-7 647-13 (5) That there is an organization that provides free legal representation; (6) The date by which the applicant must provide the missing verification; and (7) For the food stamp program, the action that the applicant must take to reactivate the application, that the case will be reopened without a new application if action is taken within thirty days of the date the notice of denial was mailed; and that the household must submit a new application if, at the end of the thirty day period, the household has not taken the needed action and wishes to participate in the program. (b) For the food stamp program: (1) The applicant household shall be provided the written notice as soon as a determination is made, but no later than thirty days after the date of the initial application. If the household is found eligible, the household shall be advised of variations in the benefit level based on changes prospectively determined at the time of certification. If the initial allotment contains benefits for both the month of application and the current month's benefits, the notice shall explain that the initial allotment includes more than one month's benefits. The notice shall also explain the beginning and ending dates of the certification period. (2) The notice shall advise the household of its right to a hearing, the telephone number of the income maintenance unit office and, if possible, the name of the person to contact for additional information. If there is an individual or organization available that provides free legal representation, the notice shall also advise the household of the availability of the services. §17-647-7 647-14 (3) If the application is held pending beyond the thirty-day standard, due to an act of the department, the branch shall provide the household with a notice informing the household that its application has not been completed and is being processed. The notice shall explain what action, if any, the household shall take to complete the application process and that its application will be denied if the household fails to take the required action within sixty days following the date the application was filed. (4) In cases where a household's application is approved on an expedited basis without verification, the notice shall explain that the household shall provide the verification that was waived. The notice shall also explain the consequences of failure to provide the postponed verification. [Eff 3/19/93; am 8/01/94 ] (Auth: HRS §346-14) (Imp: 7 C.F.R. §273.10; 45 C.F.R. §206.10) §