Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 649 - NOTICE OF ADVERSE ACTION
Subchapter 2 - SPECIFIC PROVISIONS FOR FOOD STAMPS
Section 17-649-11 - Mass changes

Universal Citation: HI Admin Rules 17-649-11

Current through August, 2024

(a) Certain changes initiated by the state or federal government may affect the entire caseload or may affect significant portions of the caseload. The changes shall include:

(1) Adjustments to the net income eligibility standards and shelter and dependent care deductions;

(2) Adjustments to the thrifty food plan and standard deduction;

(3) Adjustments to the state's utility standard;

(4) Periodic cost-of-living adjustments to social security, SSI, and other federal benefits;

(5) Periodic adjustments to assistance payments; and

(6) Other changes in eligibility criteria based upon legislative or regulatory actions.

(b) When the department makes a mass change in food stamp eligibility or benefits by simultaneously converting the caseload or the portion of the caseload that is affected, or by conducting individual desk reviews in place of a mass change, it shall notify all households whose benefits are reduced or terminated in accordance with the requirements of subsection (c) except for mass changes made under sections 17-649-12 through 17-649-14.

(c) The department shall inform the household of:

(1) The general nature of the change;

(2) Examples of the change's effect on the household's allotment;

(3) The month in which the change will take effect;

(4) The household's right to a hearing;

(5) The household's right to continue benefits and under what circumstances benefits will be continued pending a hearing;

(6) General information on whom to contact for additional information; and

(7) The liability the household will incur for any overpaid benefits if the hearing decision is adverse.

(d) The department shall notify the household of the mass change or the result of the desk review no later than the date the household is scheduled to receive the allotment which has been changed.

(e) The department shall notify the household of the mass change as much before the household's scheduled issuance date as reasonably possible, although the notice need not be given any earlier than the time required for advance notice of adverse action.

(f) The household shall be entitled to request a hearing when it is aggrieved by the mass change.

(g) A household which requests a hearing due to a mass change shall be entitled to continued benefits at its previous level only if the household meets the following three criteria:

(1) The household does not specifically waive its right to a continuation of benefits;

(2) The household requests a hearing in accordance with chapter 17-602.1; and

(3) The household's hearing is based upon improper computation of food stamp eligibility or benefits, or upon misapplication or misinterpretation of federal law or regulation.

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