Hawaii Administrative Code

(a) Child support is addressed in conjunction with paternity establishment or through the administrative process when paternity is not at issue. (b) Within time frames prescribed by federal regulation, 45 C.F.R. § 303.4(d), the agency must establish an order for child support, or…

(a) The agency shall review the child support guidelines mandated by section 57SD-7, Hawaii Revised Statutes, at least once every four years. Recommendations on amendments to the child support guidelines shall be communicated to the family court. (b) Where the non-custodial paren…

(a) If there is an existing child support order, the administrative process to modify child support is initiated when a request is received from one of the parties. Information that is necessary to initiate order modification are: (1) A written request specifying the reason for t…

(a) The agency shall review and, if appropriate, adjust the current child support order in accordance with the guidelines for temporary assistance for needy family cases every three years from the filed date of the most recent order or the date of the most recent review, whicheve…

(a) The agency shall maintain a system for identifying title IV-D cases in which there is a failure to make payments in accordance with the child support order. (b) Upon identifying arrearages or receiving a request for enforcement from other states, the agency shall proceed to t…

(a) A non-custodial parent owing arrearages exceeding the amount of child support due for a six month period may be required by child support order to give security, post bond, or give some other guarantee to secure payment of such arrearages. (b) The non-custodial parent shall n…

(a) Information of arrearages owed by a non-custodial parent that exceeds $2,500 may be released to consumer reporting agencies. (b) The agency shall provide advance written notice to the non-custodial parent by mailing the notice to the non-custodial parent's last known address.…

(a) The agency may request the federal Office of Child Support Enforcement to deny, revoke, or limit the passport of any non-custodial parent that owes arrearages equal to or greater than $2,500. (b) In cases where such requests are approved, passport privileges will not be resto…

(a) Liens on real and personal property shall be established pursuant to section 576D-10.5, Hawaii Revised Statutes. (b) The agency shall be responsible for intercepting and seizing assets, settlements, proceeds, awards, judgments, lotteries, and any other entitlement to money du…

(a) The agency shall refer those persons who owe arrearages in an amount that meet the requirements of section 231-53, Hawaii Revised Statutes, to the state department of accounting and general services for income tax refund setoff. (b) The agency shall provide advance written no…

(a) The agency shall initiate income withholding for all title IV-D cases unless a determination has been made by the agency that income withholding would not be in the best interest of the child. (b) If income withholding is initiated on the basis of an arrearage, the administra…

(a) After receipt of a written request for an administrative hearing on an enforcement action imposed by the agency, a determination shall be made whether the criteria for scheduling a hearing have been met. (b) The criteria for scheduling an administrative hearing include: (1) R…

(a) The agency shall maintain a statewide collection and disbursement unit. This unit shall receive child support collections and disburse funds to the proper parties as required by federal law. (b) The agency shall meet the federal requirements governing the disbursement of mone…

The agency shall maintain such records as may be necessary and proper to carry out its functions in accordance with title IV-D of the Social Security Act and chapter 576D, Hawaii Revised Statutes. The use or disclosure of information concerning applicants and recipients shall be …

The agency may utilize other enforcement mechanisms to collect arrearages. These include, but are not limited to: (1) Garnishment; (2) Criminal forfeiture; (3) Tax sale; and ., (4) Foreclosure. Notes Haw. Code R. § 5-31-32.4 [Eff and comp MAR 30 2014] (Auth: HRS §§ 576D-2, 576D-1…

(a) Case records shall be retained, by the agency for at least three years from the date of closure, in accordance with 45 C.F.R. Part 74, Subpart D. (b) The agency may require of the requestor payment of a reasonable fee for the reproduction and processing of records. Notes Haw.…

The agency may establish, convert, and maintain the records for all agency cases in an electronic format. Notes Haw. Code R. § 5-31-41 [Eff and comp MAR 30 2014] (Auth: HRS §§ 489E-12, 489E-17, 489E-18) (Imp: HRS §§ 489E-12, 489E-17, 489E-18; 45 C.F.R. §302.15)

(a) Child support shall automatically be terminated if the conditions for termination set forth in the child support order are met. Such conditions include, but are not limited to, the adoption, marriage, legal emancipation, enlistment in the military, and death of the child. Chi…

(a) The agency may close a case without application by any party to the case. (b) Cases may be closed if the case meets at least one of the following criteria:(1) There is no longer a current support order and arrearage is under $500 or unenforceable under state law. (2) The abse…

(a) In cases meeting the criteria in section 5-31-44(b)(1) through (6), (10) and (11), the agency shall notify the applicant of the closing of a title IV-D case by sending written notice to the applicant's last known address. The notice shall be sent at least sixty calendar days …

If the agency receives information on a case in response to the notice of closure sent pursuant to section 5-31-45 of this chapter, within the specified timeframe, and the information enables the agency to proceed with the process of the case, the agency shall maintain the case a…

(a) Once proper application has been received and a determination has been made to initiate appropriate action to an other state, the agency shall send all necessary documentation to the other state for the locate of an individual, the establishment of paternity or child support …

In cases where the non-custodial parent owes arrearages and the agency is not successful in securing his or her compliance in meeting child support obligations, the agency may refer the cases to the appropriate county, state, or federal agencies for special prosecution. Notes Haw…

The agency shall maintain a central registry that receives and distributes interstate requests, and responds to interstate inquiries within the time frames, specified by federal law. Notes Haw. Code R. § 5-31-50 [Eff and comp MAR 30 2014] (Auth: HRS §§ 576B-307, 576B-310, 576D-2)…

Federal full faith and credit for child support orders act requires that a valid order issued by an other state be recognized and enforced as if the order were issued in this State. Notes Haw. Code R. § 5-31-51 [Eff and comp MAR 30 2014] (Auth: HRS § 576D-2) (Imp: HRS § 576D-2; 4…

The agency shall provide the same level of service for interstate cases, as would be provided for in-state cases. Notes Haw. Code R. § 5-31-52 [Eff and comp MAR 30 2014] (Auth: HRS §§ 576B-305, 576D-2) (Imp: HRS §§ 576B-305, 576D-2; 45 C.F.R. §§302.36, 303.11)

The agency shall forward collections to the initiating state for distribution within the time frames specified by federal law. Notes Haw. Code R. § 5-31-53 [Eff and comp MAR 30 2014] (Auth: HRS §§ 576B-319, 576D-2) (Imp: HRS §§ 576B-319, 576D-2; 45 C.F.R. §§302.32, 302.70)…

(a) Any person or entity that wilfully fails to promptly respond to the agency's request for information shall be subject to a fine of no more than $1,000. (b) When there is wilful failure to promptly respond to the agency's request for information, the person or entity shall be …

During the pendency of the noncustodial parent's bankruptcy proceeding, the agency may file a proof of claim and take all appropriate enforcement actions. Notes Haw. Code R. § 5-31-32.6 [Eff and comp MAR 30 2014] (Auth: HRS § 576D-2) (Imp: HRS § 576D-2; 45 C.F.R. §303.6)

(a) The agency may enter into agreements to obtain insurance claim information related to non-custodial parents that owe arrearages. (b) The agency may institute such enforcement action as appropriate based upon the information obtained from the data match. Notes Haw. Code R. § 5…

This chapter provides rules of practice and procedure to govern expedited administrative proceedings commenced within the department of the attorney general pursuant to 42 United States Code section 666, and chapters 576E and 91, Hawaii Revised Statutes, for the purpose of establ…

A hearings officer shall have the following powers: (1) Issue notices; (2) Administer oaths and affirmations; (3) Consolidate hearings or sever proceedings; (4) Subpoena and examine witnesses; (5) Issue subpoenas; (6) Rule upon offers of proof, receive relevant evidence, and excl…

(a) A hearings officer may disqualify himself or herself when the hearings officer's impartiality might reasonably be questioned, including, but not limited to instances where:(1) The hearings officer has a financial interest in the subject matter in controversy or in a party to …

(a) In any administrative proceeding before a hearings officer, the agency or any other government agency shall not privately communicate on the merits of the case with the hearings officer. (b) It shall be improper for the department or any person interested in a proceeding to s…

(a) A hearings officer, sua sponte, or at the request of a party, shall have the power to issue subpoenas requiring the attendance of witnesses or the production of documents or things at the hearing. The hearings officer may require that any request for the issuance of a subpoen…

(a) Upon receipt of the request for hearing, the agency shall transmit a hearings case file to the office. (b) All parties shall be given written notice of the hearing at least fifteen days before the hearing. The notice shall include the date, time, place, and nature of the hear…

(a) Unless authorized by the hearings officer, attendance at a hearing shall be limited to the parties. The hearing shall be recorded. A copy of the recording shall be available upon written request submitted to the office. The office does not provide transcripts of recordings. (…

(a) All relevant and material evidence is admissible which, in the opinion of the hearings officer, is the best evidence reasonably obtainable, having due regard for its necessity, availability, and trustworthiness. In ruling upon the admissibility of evidence, the hearings offic…

Notes Haw. Code R. § 5-34-17 R DEC 24 2001

Unless otherwise provided by law, a party submitting a pleading, motion, memorandum, or request shall provide, in a timely manner, a copy to each of the other parties or their representatives. Notes Haw. Code R. § 5-34-18 [Eff 2/13/89; am and comp; OCT 31, 1991; am and comp DEC 2…

In any administrative proceeding under this chapter, attempts to reach an agreed disposition are encouraged. A case may be disposed by consent order which shall be deemed to be a waiver of the right to a hearing and the right to appeal to the family court. Notes Haw. Code R. § 5-…

For the purposes of this chapter: "Administrator" means the hearings officer appointed and commissioned by the attorney general as the supervisor of the OCSH. "Agency" means the child support enforcement agency as defined in section 576E-1, Hawaii Revised Statutes. "Custodial par…

If the party upon whom notice of hearing was served fails to appear at the time and place of the scheduled hearing, the hearings officer may, upon showing of valid notice, enter default against the party and enter orders and decisions as appropriate. Notes Haw. Code R. § 5-34-20 …

After the close of a hearing, the hearings officer shall enter an administrative order or decision, together with findings of fact and conclusions of law. Notes Haw. Code R. § 5-34-21 [Eff 2/13/89; am and comp OCT 31, 1991; am and comp DEC 24 2001] (Auth: HRS §§ 91-2, 576E-9) (Im…

Notes Haw. Code R. § 5-34-22 R DEC 24 2001

Only support obligation payments accruing subsequent to service of the request or proposed order on all parties may be modified, and only upon a showing of a substantial and material change of circumstances. The effective date of an order establishing or terminating a child suppo…

(a) Any party aggrieved by an administrative order is entitled to judicial review in conformance with sections 91-14 and 576E-13, Hawaii Revised Statutes. (b) The parties on appeal shall follow applicable rules of the family courts and appellate procedure. (c) The thirty-day peri…