HAR §17-663-130. Collecting claims against sponsors

(a) The [branch] department shall initiate collection action by sending the alien's sponsor a written demand letter which informs the sponsor of the following: (1) The amount owed; (2) The reason for the claim; and (3) How the sponsor may pay the claim. (4) That the sponsor shall not be held responsible for repayment of the claim if the sponsor can demonstrate that there was good cause or that the sponsor was without fault for the incorrect information having been supplied to the department. In addition, the department shall follow-up the written demand letter with personal contact, if possible. (b) The department may pursue other collection actions, as appropriate, to obtain payment of a claim against any sponsor which fails to respond to a written demand letter. The department may terminate collection action against a sponsor at any time if it has documentation that the sponsor cannot be located or when the cost of further collection is likely to exceed the amount that can be recovered. §17-663-137 663-74 (c) If the alien's sponsor responds to the written demand letter and is financially able to pay the claim at one time, the department shall collect a lump sum cash payment. The department may negotiate a payment schedule with the sponsor for repayment of the claim, as long as payments are provided in regular installments. [Eff 3/19/93; comp 11/19/05; am and comp 10/07/10] (Auth: HRS §346-14) (Imp: 7 C.F.R. §§273.4(c); 273.18(a)) §17-663-131 Collecting claims against alien households. Prior to initiating collection action against the household of a sponsored alien for repay- ment of an overpayment caused by incorrect information having been supplied concerning the alien's sponsor or sponsor's spouse, the department shall determine whether such incorrect information was supplied due to inadvertent error or intentional program violation on the part of the alien. (1) If sufficient documentary evidence exists to substantiate that the incorrect information concerning the alien's sponsor or sponsor's spouse was provided due to intentional program violation on the part of the alien, the department shall pursue the case in accordance with chapter 17-604.1. The claim against the alien's household shall be handled as an inadvertent household error claim prior to the determination of inten- tional program violation by the administra- tive disqualification hearing official or a court of appropriate jurisdiction. (2) If the department determines that the incorrect information was supplied due to misunderstanding or unintended error on the part of the sponsored alien, the claim shall be handled as an inadvertent household error claim, in accordance with chapter 17-683. These actions shall be taken regardless of the current eligibility of the sponsored alien or the alien's household. [Eff 3/19/93; am and comp 11/19/05; am and comp §17-663-137 663-75 10/07/10] (Auth: HRS §346-14) (Imp: 7 C.F.R. §§273.4(c), 273.18(a)) §