STATE OF HAWAII
DEPARTMENT OF HUMAN SERVICES
BENEFIT, EMPLOYMENT AND SUPPORT SERVICES DIVISION
PUBLIC NOTICE
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 17-686, Hawaii Administrative Rules (HAR), relating to the Summer Electronic Benefits Transfer (EBT) Program.
The emergency rules were adopted on June 10, 2024, and shall be in effect for 120 days pursuant to section 91-3(b), HRS. The emergency rules as adopted are as follows:
CHAPTER 17-686 SUMMER ELECTRONIC BENEFITS TRANSFER (EBT) PROGRAM.
The chapter establishes the rules governing the administration and implementation of the Summer Electronic Benefits Transfer (EBT) Program.
1. §17-686-1, Purpose. This section states the purpose of the chapter and the effective date of the rules.
2. §17-686-2, Definitions. This section provides definitions to the following terms which are referenced within the chapter:
A. Authorized representative
B. Benefit
C. Categorically eligible
D. Current income
E. Department or DHS
F. Department’s designee
G. Direct verification
H. Electronic benefit transfer or EBT
I. Eligible child
J. Eligible household
K. Enrolled students
L. Expungement
M. Fraud
N. Household or Household unit
O. Income Eligibility Guidelines
P. Instructional year
Q. NSLP/SBP
R. Period of eligibility
S. School-aged child
T. Special provision school
U. Supplemental Nutrition Assistance Program or SNAP
V. Summer EBT application
W. Summer operational period
X. Temporary assistance for needy families or TANF
Y. Temporary assistance for other needy families or TAONF
Z. Verification
AA. Verification for cause
3. §17-686-3, Eligibility. This section outlines the requirements that a child must meet to be eligible for Summer EBT benefits; mandates automatic enrollment for categorically eligible children and describes the remaining children who may apply for Summer EBT benefits and may be eligible.
4. §17-686-4, Application processing. This section describes the process to apply for Summer EBT; the timeframe that the applications may be submitted; defines what is considered a complete application; timeframe that a complete application must be processed by; and how incomplete applications will be processed.
5. §17-686-5, Disposition notification for Summer EBT payments. This section explains the process and timeframe that eligibility notifications will be provided within; explains required language for approval notices; explains required language for denial notices; describes the notice of expungement.
6. §17-686-6, Benefit issuance. This section describes the timeframes for issuing benefits and the requirement that benefits are to be issued on EBT cards.
7. §17-686-7, Verification. This section describes the process of verification through sampling and verification for cause; describes when each verification method would be used and timeframes that a household would need to provide the requested verification; describes what kinds of verifications are accepted; describes how verifications for zero income applications will be treated; describes the actions to be taken if there is no response to the request for verifications; describes how approved applications will be processed if verifications received result in change to the approval disposition.
8. §17-686-8, Administrative hearing request. This section describes a household unit’s opportunity to request an 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.
9. §17-686-9, 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.
10. §17-686-10, Denial or reduction of Summer EBT benefits for insufficient funds. This section outlines the options available to the department if there are insufficient funds to issue Summer EBT benefits.
A copy of the emergency rules will be mailed at NO COST to any interested person by requesting a copy by calling (808) 586-5720 or by writing to:
Department of Human Services
Benefit, Employment and Support Services Division
Attention: Supplemental Nutrition Assistance Program Office
1010 Richards Street, Room 512
Honolulu, Hawaii 96813
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 YAMANE
DIRECTOR
(SA1458097 6/18/24)
