Section 17-686-8 - Administrative hearing request(a) If a household wishes to appeal an application that was denied, or an action that resulted in termination from the program, the household unit may orally request or submit a written request for a hearing, within ninety days after the end of the summer operational period, and shall at a minimum contain the following: (1) Name of person requesting the appeal;(2) Name of the child regarding the Summer EBT benefit;(3) Reason for the disagreement with the decision and what needs to be considered; and(4) Any supporting documentation or evidence to support the appeal and reconsideration.(b) Upon receipt of the request for a hearing to appeal the decision, a date for a hearing shall be scheduled and communicated in writing to the requesting household within fifteen days from the date the request is received by the department or department's designee, and the date of the hearing shall be no later than forty-five days from the date a request is received by the department or department's designee, except when the hearing is continued or the record is held open. The time limit shall be extended for any period of continuance or the record being held open.(c) The hearing shall be conducted in accordance with chapter 17-602.1, when applicable, to the extent that it is consistent with this section.(d) A household may appeal an adverse action taken against the household by the department with respect to: (1) An application the household submitted for Summer EBT benefits;(2) A streamlined certification for Summer EBT benefits;(3) A verification process or procedure; or(4) An action that resulted in termination from the program.(e) An administrative hearing request shall be denied when:(1) The household unit disputes the amount of Summer EBT benefits provided by the department and the household unit received the maximum amount of Summer EBT benefits authorized by the Food Nutrition Service; or(2) The request for hearing is received after the ninetieth day after the end of the summer operational period.(f) At the conclusion of the hearing, the hearing officer shall advise that a decision in writing shall be transmitted no later than twenty days from the date of the hearing to all the parties; provided that the time limit shall be extended for any period of continuance or the record being held open.(g) Aid paid pending an administrative hearing decision, described in chapter 17-602.1, shall not apply to a denial or termination of Summer EBT payments as provided in this chapter.(h) The Summer EBT payment shall not be issued until the administrative hearing process has concluded.(i) Household units shall be informed in writing at the time of denial, or denial due to verification, of their application for or termination of Summer EBT payments, of the: (1) Right to an administrative hearing; and(2) Method for obtaining a hearing.(j) The department shall provide a household with back-benefits for Summer EBT if the administrative hearing decision determines that the department or department's designee erroneously failed to issue such benefits in the correct amount to an eligible household, an administrative disqualification for intentional program violation was subsequently reversed, or if there is a statement elsewhere in this part specifically stating that the household is entitled to restoration of lost benefits.[Eff 6/10/2024] (Auth: HRS §§91-3, 91-4, 346-14, SLH 2024, Act ___; P.L. 117-328, Title IV, §502, 7 C.F.R. Part 292) (Imp: HRS §346-14; P.L. 117-328, Title IV, §502)