Section 17-1402-10 - Status of social services recipients pending hearing(a) When a signed written request for a hearing is received from a social services recipient, entitled to timely notice, before the date of action, the date on which services shall be reduced or terminated, no action shall be taken to reduce or terminate social services until a hearing decision is rendered, unless: (1) The claimant withdraws or abandons the request for hearing as specified in section 17-1402-9;(2) A determination is made at the hearing that the sole issue involved is one of state or federal law or policy, or change in state or federal law and not one of incorrect service cost computation;(3) Another change affecting the claimant's services occurs during the hearing process and the claimant fails to request a hearing after notice of the change; or(4) The recipient specifically requests not to receive continued service pending a hearing decision.(b) The department shall notify the claimant in writing if service is to be reduced or discontinued pending the hearing decision for reasons, specified in subsection (a), other than withdrawal or abandonment of the request by the claimant.(c) In any case where only adequate notice is required, if the recipient requests a hearing within ten calendar days of the mailing of the adequate notice of the action, assistance shall be reinstated and continued until a decision is rendered after the hearing unless: (1) Action was due to application of state or federal law or policy or a change in state or federal law; or(2) The recipient specifically requests that continued assistance not be paid pending the hearing decision. If the tenth day falls on a weekend or holiday, the tenth day shall be the working day following the weekend or holiday.
(d) If, while receiving aid paid pending, the claimant: (1) Becomes eligible for additional assistance, services shall be increased; or(2) Provides a written request for but is denied additional assistance, aid paid pending shall continue and a notice of the denial shall be provided. The notice shall include a statement of the denial, reason for the denial, specific rule supporting the denial and the person's right to appeal the decision.Haw. Code R. § 17-1402-10
[Eff 12/5/97] (Auth: HRS § 346-14) (Imp: HRS § 346-12)