STATE OF HAWAII
DEPARTMENT OF HUMAN SERVICES
BENEFIT, EMPLOYMENT AND SUPPORT SERVICES DIVISION

Pursuant to sections 91-3(b) and 91-4(b)(2), Hawaii Revised Statutes (HRS), notice is hereby given that the Department of Human Services (DHS) has adopted emergency rules chapter 17-685.2, Hawaii Administrative Rules (HAR), relating to the replacement of stolen financial assistance benefits, Supplemental Nutrition Assistance Program benefits, and supportive service payments.

CHAPTER 17-685.2 REPLACEMENT OF STOLEN FINANCIAL ASSISTANCE BENEFITS, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS, AND SUPPORTIVE SERVICE PAYMENTS

The chapter establishes the rules governing the administration and implementation of the replacement benefits for household units who were victimized by electronic benefit theft through card cloning, card skimming, or similar fraudulent methods.

1. §17-685.2-1, Purpose. This section states the purpose of the chapter and the effective date of the rules.

2. §17-685.2-2, Definitions. This section provides definitions to the following terms which are referenced within the chapter:

3. §17-685.2-3, Requirements for a claim for replacement of stolen benefits. This section outlines the requirements that household units must meet to be eligible for replacement of stolen benefits including circumstances in which benefits were stolen; defines timely reporting of the electronic benefits theft; and requirement to provide a written attestation of the electronic benefits theft and evidentiary support of the claim for the replacement of stolen benefits.

4. §17-685.2-4, Processing a claim for replacement of stolen benefits. This section describes the process after the household unit reports an electronic benefits theft and the department receives a claim for replacement of stolen benefits from the recipient.

5. §17-685.2-5, Disposition and issuance of replacement benefits. This section lists the specific reasons for a denied claim for replacement of stolen benefits. This section also describes the allowable amount of benefits that may be replaced for each program and the maximum number of replacement issuance a household unit may receive in a fiscal year. This section further outlines the order in which cash-related benefits are replaced for a household unit that receives financial assistance benefits and supportive service payments.

6. §17-685.2-6, Administrative hearing request. This section describes a household unit’s opportunity to request administrative hearing when the household unit disputes the department’s determination and references chapter 17-602.1, HAR. This section also lists the reasons when an administrative hearing request is denied.

7. §17-685.2-7, Overpayment and fraud. This section describes the circumstances when an overpayment is created and the household unit is subject to recovery of the overpayment; available methods of repayment to the department; criteria for tax setoff; and the applicability of federal and state laws and chapter 17-604.1, HAR, when fraud was committed.

8. §17-685.2-8, Denial or reduction of replacement benefits for insufficient funds. This section outlines the options available to the department if there are insufficient funds to replace stolen benefits.

The emergency rules are available for public viewing at the following website:

https://humanservices.hawaii.gov/admin-rules-2/admin-rules-for-programs/

Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy.

RYAN I. YAMANE
DIRECTOR
(HTH1475535 11/25/24)