Section 17-604.1-26 - Court imposed disqualifications(a) The department shall refer cases of an alleged intentional program violation for prosecution in accordance with an agreement with prosecutors or state law.(b) The branch shall refer to the investigations office cases that are suspected of an intentional program violation. The investigations office shall determine which cases shall be referred to the prosecuting authority. The investigations office shall encourage prosecutors to recommend to the courts that a disqualification penalty as provided in section 6(b) of the /Food Stamp Act of 1977 ( 7 U.S.C. §2015(b) ) be imposed in addition to any other civil or criminal intentional program violation penalties for such violation.(c) The branch shall disqualify an individual found guilty of fraud by a court for the length of time specified by the court. (1) If the court fails to address or specify a disqualification period, the branch shall impose a disqualification period in ccordance with the provisions of section 17-604.1-9 unless contrary to the court order;(2) If the court orders a disqualification period but fails to specify a date for initiating the disqualification period, the branch shall initiate the disqualification period within forty-five days of the date the disqualification was ordered. Any other court imposed disqualification shall begin within fortyfive days of the date the court found a currently eligible individual guilty of civil or criminal misrepresentation or fraud;(3) If the individual is not certified to participate in the program at the time the disqualification period is to begin, the period shall take effect from the month following the month the disqualificaiton decision is rendered;(4) Once a disqualification penalty has been imposed against a currently participating household member, the period of disqualification shall continue uninterrupted until completed regardless of the eligibility of the disqualified member's household. However, the disqualified member's household shall continue to be responsible for repayment of the overissuance which resulted from the disqualified member's intentional program violation regardless of its eligibility for program benefits. Haw. Code R. § 17-604.1-26
[Eff 3/19/93; am 2/16/96; comp JUN 24 2013] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §273.16(g)(1) and (2) )