HAR §17-683-62. Treasury’s offset program

(a) The department shall refer to the Treasury Offset Program (TOP) all recipient claims that are delinquent for 180 or more days. The department must certify that all claims to be referred to TOP are 180 days delinquent and legally enforceable. The department must refer these claims in accordance with the Food and Nutrition Service (FNS) and the Department of the Treasury's (Treasury) instructions. (b) The department must not refer claims to TOP that: (1) The debtor is a member of a participating household that is having its allotment reduced to collect the claim; or (2) Fall into any other category designated by FNS as not referable to TOP. 17-683-62 683-29 (c) The department shall notify the debtor of the impending referral to TOP according to FNS instructions relating to: (1) What constitutes an adequate address to send the notice; (2) What specific language will be included in the TOP referral notice; (3) What will be the appropriate time frames and appeal rights; and (4) Any other information that FNS determines necessary to fulfill all due process and other legal requirements as well as to adequately inform the debtor of the impending action. (d) The department shall follow FNS instructions regarding procedures connected with responding to inquiries, subsequent reviews and hearings, and any other procedures determined by FNS as necessary in the debtor notification process. (e) The debtor whose claim has been referred to TOP may have any eligible Federal payment owed intercepted through TOP. The debtor may also be responsible for paying any collection or processing fees charged by the Federal government to intercept their payment. [Eff and comp 11/19/05] (Auth: HRS §346-14) (Imp: 7 C.F.R. §273.18(n)) §§17-683-63 to 17-683-67 (Reserved)