Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 663 - SPECIAL SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM HOUSEHOLD
Subchapter 12 - HOUSEHOLDS CONTAINING SPONSORED ALIEN MEMBERS
Section 17-663-131 - Collecting claims against alien households
Current through November, 2024
Prior to initiating collection action against the household of a sponsored alien for repayment of an overpayment caused by incorrect information having been supplied concerning the alien's sponsor or sponsor's spouse, the branch shall determine whether such incorrect information was supplied due to inadvertent error or intentional program violation on the part of the alien.
(1) If sufficient documentary evidence exists to substantiate that the incorrect information concerning the alien's sponsor or sponsor's spouse was provided due to intentional program violation on the part of the alien, the branch shall pursue the case in accordance with chapter 17-604.1. The claim against the alien's household shall be handled as an inadvertent household error claim prior to the determination of intentional program violation by the administrative disqualification hearing official or a court of appropriate jurisdiction.
(2) If the branch determines that the incorrect information was supplied due to misunderstanding or unintended error on the part of the sponsored alien, the claim shall be handled as an inadvertent household error claim, in accordance with chapter 17-683. These actions shall be taken regardless of the current eligibility of the sponsored alien or the alien's household.
