HAR §17-649-3.1. Exemption from timely notice

(a) For the financial assistance programs, timely notice shall not be required, but adequate notice shall be sent in the following circumstances: (1) The department has verified the death of a recipient or of the AFDC payee and there is no relative available to serve as new payee; (2) The department receives a clear written statement signed by a recipient that: (A) The recipient no longer wishes assistance; or (B) Provides information which necessitates termination or reduction of assistance and indicates that the recipient under- stands the consequences of supplying theinformation shall be reduction or termination of assistance; (3) The recipient has been admitted or committed to a public institution; §17-649-3.1 649-5 (4) The recipient has been placed under skilled nursing care, intermediate care, or long-term hospitalization; (5) The recipient’s whereabouts are unknown and mail sent to the recipient has been returned by the post office indicating no known forwarding address. When mail is returned, both timely and adequate notice shall be issued only when the recipient has provided the department with a new address; (6) The recipient has been accepted for assist- ance in another state and this fact has been established by the department; (7) The AFDC child has been removed from the home by judicial action or placed in foster care by the parent or legal guardian; (8) A special allowance granted for a specific period is terminated and the recipient has been informed in writing at the time allow- ance was made that the allowance would automatically terminate at the end of the specified period; (9) The department establishes protective or vendor payments because of money mismanage- ment; (10) The recipient has opted to participate in grant plus and has agreed to the following: (A) The payment of the financial assistance to the employer for the employer’s use in paying wages to the recipient; and (B) Accept $650 as the full monthly assistance payment regardless of household size; or (11) The grant plus recipient is no longer participating in grant plus and the financial assistance payment is restored to the standard of assistance for the applicable family size. (12) The household is a simplified reporting household and is subject to adequate notice requirements as specified in section 17-649- 5. However, for any changes reported outside of simplified reporting, a timely and adequate notice is required prior to reducing or terminating the household’s benefits; (b) For the food stamp program, a timely notice shall not be required under the following circumstances, but an adequate notice shall be sent. §17-649-3.1 649-6 (1) A mass change occurs; (2) The department is notified by a reliable source of the death of all members of the household; (3) The department is notified by a reliable source that the household has moved from the project area; (4) The household has been receiving an increased allotment to restore lost benefits, the res- toration is complete, and the household was previously notified in writing of when the increased allotment would terminate; (5) The household’s allotment varies from month to month during the certification period to take into account changes which were anti- cipated at the time of certification and the household was so notified at the time of certification; (6) The household jointly applied for food stamps and financial assistance and has been receiving a food stamp allotment pending the approval of the financial assistance, and was notified at the time of certification that the food stamp allotment would be reduced upon approval of the grant; (7) A household member is disqualified for intentional program violation, or the benefits of the remaining household members are reduced or terminated to reflect the disqualification of the household member. The notice requirements for individuals or households affected by intentional program violation disqualifications are specified in chapter 17-604.1; (8) Required verification to continue an increase in benefits is not received, so that the household’s benefit level must be reduced to the original benefit level; (9) A household is converted from cash repayment to food stamp allotment reduction as a result of failure to make agreed upon repayment; (10) The department terminates the eligibility of a resident of a drug or alcohol treatment center or a group living arrangement if the facility loses either its certification from the department or the state department of health, or has its status as an authorized representative suspended by FNS, disquali §17-649-4 649-7 fying it as a retailer. Residents of group living arrangements applying on the resi- dents’ own behalf shall remain eligible to participate; (11) The department has elected to assign a longer certification period to a household certified on an expedited basis and for whom verifi- cation was postponed, provided the household has received written notice that the receipt of benefits beyond the month of application is dependent on its providing the verifica- tion which was initially postponed and that the department may act on verified information without further notice; (12) The household is a simplified reporting household and is subject to adequate notice requirements as specified in section 17-649- 5. However, for any changes reported outside of simplified reporting a timely and adequate notice is required prior to reducing or terminating the household’s benefits; (13) The household voluntarily requests, in writing or in the presence of an eligibility worker, that its participation be terminated. If the household does not provide a written request, the department shall send the household a letter confirming the voluntary withdrawal. Written confirmation does not entail the same rights as a notice of adverse action, except that the household may request a hearing. [Eff and comp 11/09/06] (Auth: HRS §346-14) (Imp: HRS §346-29; 7 C.F.R. §§273.13; 42 U.S.C. 601 through 619)