Section 17-604.1-10 - Administrative disqualifications(a) The branch shall refer to the investigations office cases in which the branch has sufficient documentary evidence to substantiate that an individual has committed one or more acts of intentional program violation. The investigations office shall be responsible for investigating any case of alleged intentional program violation, and ensuring that appropriate cases are acted upon either through administrative disqualification hearings or referral to a court of appropriate jurisdiction. If the department does not initiate administrative disqualification procedures or refer for prosecution a case involving an overissuance caused by a suspected act of intentional program violation, the department shall take action to collect the overissuance by establishing an inadvertent household error claim against the household. The department shall conduct administrative disqualification hearings: (1) In cases in which the branch believes the facts of the individual case do not warrant civil or criminal prosecution through the appropriate court system; or(2) In cases previously referred for prosecution that were declined by the appropriate legal authority; and(3) In previously referred cases where no action was taken within a reasonable period of time and the referral was formally withdrawn by the branch.(b) The department may initiate an administrative disqualification procedure or refer a case for prosecution regardless of the current eligibility of the individual.(c) For those persons not currently certified to participate in the program at the time of the administrative disqualification or court decision, the disqualification period shall be effective from the month following the month the administrative disqualification or court decision is rendered.(d) The department shall not initiate an administrative disqualification hearing against an accused individual whose case is currently being referred for prosecution or subsequent to any action taken against the accused individual by the prosecutor or court of appropriate jurisdiction, if the factual issues of the case arise out of the same or related circumstances.(e) The department shall base administrative disqualification for intentional program violations on the determinations of hearing authorities arrived at through administrative disqualification hearings or on determinations reached by courts or appropriate jurisdiction. However, the department may allow accused individuals either to waive their rights to administrative disqualification hearings or to sign disqualification consent agreements for cases of deferred acceptance. The department may base administrative disqualifications for intentional program violation on the waiver of the right to an administrative disqualification hearing or on the signed disqualification consent agreement in cases of deferred adjudication.(f) The department shall inform the household in writing of the disqualification penalties for intentional program violations each time it applies for program benefits. The penalties shall be in clear, prominent, and boldface lettering on the application form.(g) The burden of proving intentional program violation shall be on the department.(h) The department may combine an administrative disqualification hearing and a hearing into a single hearing if the factual issues arise out of the same or related circumstances and if the household receives prior notice that the hearings will be combined. If combined, the timeliness standards for conducting disqualification hearings shall be followed. If the hearings are combined for the purpose of settling the amount of the claim at the same time as determining whether or not an intentional program violation has occurred, the household shall lose its right to a subsequent hearing on the amount of the claim. However, the department, upon household request, shall allow the household to waive the thirty-day advance notice period when the disqualification hearing and hearing are combined in accordance with section 17-604.1-16. Haw. Code R. § 17-604.1-10
[Eff 3/19/93; am 2/16/96; am and comp JUN 24 2013] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §273.16(a) (1) , (3) , (e) (1))