Section 17-602.1-34 - Participation during the appeal(a) If a household requests a hearing and a continuation of benefits within the period provided by the notice of adverse action as specified in subsection (b), and the household's certification period has not expired, the household's participation in the program shall be continued on the basis authorized immediately prior to the sending of the notice of adverse action unless the household specifically waives continuation of benefits or the basis of the branch's action was that: (1) The household failed to file a completed report described in chapter 17-650 and the household admits it did not submit a completed report described in chapter 17-650; or(2) The hearing is with regard to termination for nonreceipt of the report described in chapter 17-650 by the branch which the household claims to have submitted and the household does not file a new complete report as described in 17-650 for the time period in question.(b) In order to receive continued benefits in the amount prior to the anticipated reduction or termination of benefits, the household must request the hearing and a continuation of its benefits by the end of the month in which the notice of adverse action is mailed, or within ten days of the date the adequate notice is mailed.(c) The form for requesting a hearing shall contain space for the household to indicate whether continued benefits are requested. If the form does not clearly indicate that the household has waived continuation of benefits, the branch shall assume that continuation of benefits is desired and the benefits, if any, shall be issued, if eligible for continued benefits.(d) If the branch action is upheld by the hearing decision, a claim by the department against the household shall be established for all overissuances. If a hearing request is not made within the period provided by the notice of adverse action or adequate notice, the benefits shall be reduced or terminated as provided in the notice.(e) If the household establishes that its failure to make the request for a hearing within the period provided by the adverse action notice or adequate notice was for good cause, the branch shall reinstate the benefits to the prior basis, if eligible for continued benefits.(f) When benefits are reduced or terminated due to a mass change, participation on the prior basis shall be reinstated only if the issue being contested is that food stamp eligibility or benefits were improperly computed or that federal law or policy is being misapplied or misinterpreted by the branch.Haw. Code R. § 17-602.1-34
[Eff 3/19/93; am 8/19/96; am and comp 9/18/06] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §§273.15(k), 273.21 )