Hawaii Administrative Code

Notes Haw. Code R. § 21-3-1 R 11/28/2020

(a) An individual who receives a notice of administrative fine and subsequently files a disclosure shall, within ten days of filing the disclosure, pay the assessed administrative fine or request a waiver from the commission. (b) Any individual requesting a waiver of administrati…

(a) Disclosures shall be destroyed six years after filing, unless otherwise provided by statute. (b) A disclosure filed by a candidate for state elective office shall be destroyed upon the expiration of six years after an election for which the candidate filed the disclosure, unl…

Notes Haw. Code R. § 21-3-2 R 11/28/2020

(a) As provided by section 84-17(f), HRS, financial interests to be disclosed include, but are not limited to: (1) Rental income; (2) Stocks, exchange traded funds, and other similar financial instruments, which shall be individually disclosed as ownership interests in a business…

Disclosures that are designated as confidential pursuant to section 84-17(e), HRS, shall not be made available for public inspection or duplication, except with written authorization of the filer. Disclosures that are designated as public pursuant to section 84-17(d), HRS, shall …

Filers shall disclose all financial interests held during the applicable disclosure period. For initial disclosures and disclosures submitted by candidates for state elective offices, including candidates for election to the constitutional convention, the disclosure period includ…

If a filer files a disclosure that contains inaccurate information or omits information regarding the filer's financial interests, the filer shall promptly file an amended disclosure with the commission. Notes Haw. Code R. § 21-3-6 [Eff 11/28/2020] (Auth: HRS § 84-31(a)(5)) (imp:…

Newly elected or appointed officials required to submit a disclosure pursuant to section 84-17(b), HRS, and persons serving in an interim or acting capacity in positions that require filing a disclosure, shall file a disclosure within thirty days of the first day in office whethe…

(a) Filers transferring from a position requiring the filing of a confidential disclosure to a position requiring the filing of a public disclosure shall file a new, public disclosure within thirty days of the first day in office, whether on an interim, acting, or permanent basis…

(a) The commission shall notify filers of the failure to timely file a disclosure and the applicable administrative fine. The commission may notify such individuals by electronic mail to the person's state electronic mail address, first-class mail, or personal service. (b) If not…

(a) The executive director may provide confidential guidance to any individual as to whether the facts and circumstances of a particular case constitute or would constitute a violation of chapter 84, chapter 97, section 11-8, or section 11-316, HRS, provided that nothing herein s…

(a) An advisory opinion shall be in writing and signed by all commissioners subscribing to the opinion. It shall be considered rendered when it is signed and delivered, personally or via electronic mail or first-class mail. (b) Any commissioner who agrees with the commission's op…

Notes Haw. Code R. § 21-4-3 R 11/28/2020

Notes Haw. Code R. § 21-4-4 R 11/28/2020

Notes Haw. Code R. § 21-4-5 R 11/28/2020

(a) Upon completion of the taking of evidence, the hearing officer may ask the parties to submit proposed findings of fact and conclusions of law. The hearing officer shall thereafter prepare proposed findings of fact, proposed conclusions of law, and a recommended order. (b) The…

(a) The record of the hearing shall be compiled in conformance with section 91-9, HRS. The commission shall make provisions for an audio, video, or stenographic recording of the testimony, or some combination thereof, but it need not be transcribed unless requested for purposes o…

After the commission has issued a written decision, it shall determine whether sufficient cause exists to issue a posthearing complaint and, if so, shall issue such complaint pursuant to section 84-32, HRS within thirty days of issuance of such written decision. Notes Haw. Code R…

(a) The commission may resolve a matter at any time pursuant to a settlement agreement deemed to be fair and in the public interest. (b) Settlement procedure: (1) The executive director may negotiate a tentative settlement agreement with any alleged violator, subject to the commi…

(a) The executive director shall investigate all matters confidentially and shall not disclose non-public details of an investigation except as necessary to conduct the investigation, provided that the executive director may, on a confidential basis and at any time, disclose info…

Notes Haw. Code R. § 21-5-3 R 11/28/2020

Notes Haw. Code R. § 21-5-4 R 11/28/2020

(a) All motions other than those made during a hearing shall be made in writing, shall state the relief sought, and shall be accompanied by an affidavit, or declaration, or memorandum setting forth the grounds upon which the motions are based. The presiding officer shall set the …

Notes Haw. Code R. § 21-5-6 R 11/28/2020

(a) The commission may conduct the hearing or, in its discretion, may delegate the conduct of the contested hearing to a hearing officer, in which case the commission shall select such hearing officer. (b) The presiding officer shall convene and conduct the hearing. (c) Before pr…

(a) When a pre-hearing conference is held by the presiding officer, except as and to the extent otherwise ordered:(1) Each party shall file a prehearing conference brief in which it discloses the theory of that party's case, including the basic facts each party intends to prove a…

(a) The commission may direct one or both parties to submit proposed findings of fact and conclusions of law. The commission shall determine the findings of fact and conclusions of law to be entered. (b) Every decision of the commission rendered after hearing shall be in writing …

The petition shall be submitted in writing to the commission. The petition shall slate the controversy or question, cite the statutory provision, rule, or order involved, include a complete statement of the facts and the reasons or grounds prompting the petition, together with fu…

The commission may reject any petition that does not conform to the requirements set forth herein. Notes Haw. Code R. § 21-6-6.2 [Eff 11/28/2020] (Auth: HRS §§ 84-31(a)(5), 91-8, 97-6) (Imp: HRS §§ 84-31, 91-8, 97-6)

The commission may reject any petition which does not conform to the requirements of this chapter. Notes Haw. Code R. § 21-6-3 [Eff July 13, 1981; am and comp 11/28/2020] (Auth: HRS §§ 84-31(a)(5), 91-6, 97-6(a)(5)) (Imp: HRS §§ 91-0, 97-6)

The petition shall be dated upon receipt. The commission shall notify the petitioner of the date, time, and place where the commission shall consider the petition, the petitioner's privilege of personal appearance with or without counsel, and the privilege of presenting evidence …

(a) The commission may, for good cause, refuse to issue a declaratory order. Without limiting the generality of the foregoing, the commission may so refuse where: (1) The question is speculative or purely hypothetical and does not involve existing facts or facts which can reasona…

Any interested person may petition the commission for a declaratory order as to the applicability of any statutory provision or of any rule or order of the commission. Notes Haw. Code R. § 21-6-6 [Eff July 13, 1981; am and comp 11/28/2020] (Auth: HRS §§ 84-31(a)(5), 91-8, 97-6) (…

The petition shall be dated upon receipt. The commission shall notify the petitioner of the date, lime, and place where the commission shall consider the petition, the petitioner's privilege of personal appearance with or without counsel, and the privilege of presenting evidence …

Notes Haw. Code R. § 21-6-8 R 11/28/2020

As used in this chapter, unless the context clearly requires otherwise: "Charitable organization" means an entity organized under section 501(c)(3) of the Internal Revenue Code. "Gift" means anything of value and includes, but is not limited to, money, gift cards, food, services,…

(a) Subject to article III, section 7 of the Hawaii State Constitution and section 84-13, HRS, legislators and employees shall not use or attempt to use their official positions to solicit, request, accept, receive, or grant unwarranted privileges, exemptions, advantages, contrac…

(a) An employee or legislator shall not solicit, accept, or receive any gift, directly or indirectly, if a reasonable person may conclude that the gift is being given to influence or reward the recipient for the performance or nonperformance of the recipient's state duties. (b) I…

(a) The following items generally may be accepted and need not be reported on a gifts disclosure statement: (1) A lei, other than a money lei, offered in connection with a celebration, commemoration, or event; (2) Discounts, services, or other benefits offered to the public at la…

(a) An individual who represents the Slate for protocol purposes, such as the Governor, Lieutenant Governor, legislator, President of the University of Hawaii, department director or deputy director, or trustee or administrator of the Office of Hawaiian Affairs, may generally acc…

(a) An offer of economy-class travel expenses, modest food and non-alcoholic beverages, and educational programming in connection with a bona fide professional development program, conference, or business meeting, generally may be accepted if receipt thereof is consistent with su…

(a) The value of a gift is its fair market value, which is the cost that a member of the public would reasonably expect to incur to purchase the gift, including any tax-deductible portion. (b) If the gift is a seal at a table for an event, the value of the gift is the cost of the…

(a) Where an offeror of a gift does not specify a recipient within an office, and the legislator or supervisor of the receiving office knows or reasonably should know of the gift, the gift is presumed to be a gift to the legislator or supervisor. (b) A gift to a family member of …

Gifts disclosure statements shall be filed using forms and methods prescribed by the commission. The commission may require that gifts disclosure statements be filed using an electronic filing system. Notes Haw. Code R. § 21-7-8 [Eff 11/28/2020] (Auth: HRS § 84-31(a)(5)) (Imp: HR…

Gifts disclosure statements arc public records and the contents of a gifts disclosure statement are public information, except as otherwise provided by law. Notes Haw. Code R. § 21-7-9 [Eff 11/28/2020] (Auth: HRS § 84-31(a)(5)) (Imp; HRS §§ 84-11, 84-11.5)

(a) An employee who serves as a director or officer of a private organization in the employee's official capacity is not prohibited from taking official action affecting that organization, provided that action does not affect the personal financial interest of the employee, the e…