Hawaii Administrative Code

In determining what constitutes the former employee's agency or subdivision thereof for purposes of section 84-18(c), HRS, the commission may consider: (a) the size of the agency; (b) the likelihood that the former employee would have any unfair advantage in representing a person…

(a) An agency's director or acting director shall be responsible for ensuring that all agency contracts comply with section 84-15, HRS. (b) Any violations of section 84-15, HRS shall be assessed against the director or action director of agency at the time the violation occurred.…

As used in this chapter: "Agency" means any office, board, or commission of the state government which is assigned to the department for administrative purposes only. "Department" means the department of public safety. "Director" means the director of the department or the direct…

The administrative rules in title 23 implement the programs and policies of the department and its agencies. Notes Haw. Code R. § 23-1-2 [Eff APR 15 2000] (Auth: HRS § 353C-2) (Imp: HRS §§ 26-35, 26-38, 353C-2)

Chapters 23-1 to 23-99 shall govern all agencies, programs, practices and procedures of the department. Notes Haw. Code R. § 23-1-3 [Eff APR 15 2000] (Auth: HRS § 353C-2) (Imp: HRS §§ 26-38, 353C-2)

Policies and procedures for speciric programs may be developed and implemented by the division responsible for that program with director's approval. Notes Haw. Code R. § 23-1-4 [Eff APR 15 2000] (Auth: HRS § 353C-2) (Imp: HRS §§ 26-35, 26-38, 353C-2)

The director may delegate authority or functions to any subordinate officer or employee of the department. where authority is delegated by the director, the director shall retain the final authority to make exceptions to and approve or overrule any decision or action taken by the…

Nothing in Title 23 shall restrict the department's authority or ability to control, limit, restrict, or regulate the activities of inmates. Notes Haw. Code R. § 23-1-6 [Eff APR 15 2000] (Auth: HRS § 353C-2) (Imp: HRS § 353C-2)

As used in this chapter: "Affected individual" means the person about whom a Federal Bureau of Investigations (FBI) identification record pertains. "Arrest records" means criminal history information obtained from sources other than the FBI pertaining to arrests for alleged crimi…

(a) The department shall develop policies and procedures to implement the provisions of this chapter. (b) The department may implement the provisions of this chapter incrementally subject to the availability of funds and resources. Notes Haw. Code R. § 23-10-10 [Eff APR 15 2000] …

(a) All rules and regulations of the department of human resources development shall apply to the recruitment, appointment, and employment of staff members and prospective staff members except as may be modified herein. (b) Staff members and prospective staff members shall be of …

(a) Every prospective staff member is required to provide to the department, and the department of human resources development, as appropriate:(1) An accurately and fully completed employment application with all requested information and documents including employment references…

Staff members and prospective staff members shall be fingerprinted for the purpose of complying with the criminal history record check. The department may refuse to hire or may terminate any person who fails to comply or cooperate with fingerprinting requirements. A file which id…

(a) Information obtained from criminal history record checks shall be used' exclusively by the department or the department of human resources development for the purpose of determining whether or not a person is suited for work as a staff member. Use and release of information o…

A suitability determination may be made on staff member's or prospective staff member's fitness for employment based on criminal history records, employment records, and other such information that the department deems necessary to ensure that staff members and prospective staff …

In addition to any existing rules and regulations, the department may deny or terminate employment: (1) If the department determines after investigation that the prospective staff member is not suitable for employment, or the staff member is not suitable for continued employment;…

A staff member or prospective staff member may request an administrative review of a suitability determination by submitting to the department, in writing, information to substantiate the request within ten calendar days following the date of notification. Notes Haw. Code R. § 23…

A staff member or prospective staff member may file an appeal with the state civil service commission in writing within twenty calendar days from the date of notification of the results of the administrative review. Notes Haw. Code R. § 23-10-9 [Eff APR 15 2000] (Auth: HRS § 353C…

(a) Persons may be allowed to visit inmates subject to the following limitations: (1) The availability of visiting space and the location of the facility; (2) The availability of facility resources incident to arranging and supervising visits; (3) The rescheduling of visits which…

Visitation hours shall be set for each facility by the department. Exceptions to established hours are permitted to one or more of the following: (1) Restricting visitation on these days or hours may be a physical hardship upon individuals whereon suitable hours may be made if re…

(a) Every person who is eligible to visit with inmates shall complete and submit an official application as well as an official notice and authorization of personal search form. (b) While the existence of prior criminal convictions(s) of a visitor may not preclude visits, they ar…

(a) The facility may permit intereested groups to visit the facility when conditions insure the safety of the facility and the visitors and in accordance with the department's procedures. (b) Such groups may be served meals, at the official price, provided the serving of meals do…

All visitors shall be subject to personal search in accordance with department's policies and facility procedures. Notes Haw. Code R. § 23-100-6 [Eff APR 15 2000] (Auth: HRS § 353C-2) (Imp: HRS § 353C-2)

(a) Any item not specifically authorized for possession by a person by the facility administrator or guidelines shall be contraband and shall be confiscated and subject the person to criminal or disciplinary sanctions or both. (b) Intoxicating substances of any kind including but…

As used in this chapter: "Assessment" means the process used to gather and verify pertinent information, develop impressions and images, and check hypotheses about an offender's behavior in interaction with the community or correctional environment. "Order" means a legal document…

Any pretrial detainee who is released shall be released on his or her own recognizance, unless the director authorizes release to a third party. Notes Haw. Code R. § 23-191-10 [Eff MAR 14 1994] (Auth: HRS § 353C-2; SLH 1993, Act 305) (Imp: SLH 1993, Act 305)

(a) Every release of a pretrial detainee shall be in the form of an order to be signed by the director or designated representative and acknowledged by the pretrial detainee as to the terms and conditions for release. (b) A copy of the order, signed by the director or designated …

Notes Haw. Code R. §§ 23-191-12 to 15

Any order of release granted under this chapter shall be subject to the terms and conditions set forth in section 804-7.4, HRS, and may further be subject to such terms and conditions as may be imposed at the discretion of the director or the director's designated representative.…

Violations of any terms or conditions of a release order shall be resolved as provided in sections 804-7.2 and 804-7.3, HRS. Notes Haw. Code R. § 23-191-17 [Eff MAR 14 1994] (Auth: HRS § 353C-2; SLH 1993, Act 305) (Imp: SLH 1993, Act 305)

This chapter is intended to implement SLH 1993, Act 305, concerning the release of pretrial detainees from incarceration on an emergency basis. Notes Haw. Code R. § 23-191-2 [Eff MAR 14 1994] (Auth: HRS § 35C-2; SLH 1993, Act 305) (Imp: SLH 1993, Act 305)

(a) No correctional facility shall release a pretrial detainee from incarceration under this chapter unless:(1) The correctional facility is a designated community correctional center facility. (2) The director has determined that release is necessary to prevent overcrowding whic…

(a) Pretrial detainees shall not be considered for release if they: (1) Have been denied bail; (2) Have bail of more than $5,000; (3) Are charged with a serious crime involving violence; (4) Were convicted of a serious crime involving violence; (5) Are on probation or parole for …

Notes Haw. Code R. §§ 23-191-5 to 8

All assessments shall be made on official departmental forms and shall be maintained as official documents. Notes Haw. Code R. § 23-191-9 [Eff MAR 14 1994] (Auth: HRS § 353C-2; SLH 1993, Act 305) (Imp: SLH 1993, Act 305)

As used in this chapter: "Person" includes individuals, partnerships, corporations, associations, or organizations of any character, except for the department. "Petition" means a properly documented submission of information by a person requesting the adoption, amendment, or repe…

This chapter shall govern all proceedings brought Before the department for the adoption, modification, or repeal of any administrative rule of the department. Notes Haw. Code R. § 23-2-2 [Eff APR 15 2000] (Auth: HRS § 353C-2) (Imp: HRS §§ 91-3, 91-6)

(a) Any interested person may submit, pursuant to section 91-6, Hawaii Revised Statutes, a signed petition either in person or by mail to the department requesting the adoption, amendment, or repeal of rules. The petition shall be legibly written or typed, identifiable by name, a…

Upon the filing of the petition, the department within thirty days shall either deny the petition in writing, stating the reasons for the denial, or initiate proceedings in accordance with section 91-3, Hawaii Revised Statutes. Notes Haw. Code R. § 23-2-4 [Eff APR 15 2000] (Auth:…

The purpose of this chapter is to prescribe rules for the registration, use, prescription, disposal, and production of controlled substances within this State. Notes Haw. Code R. § 23-200-1 [Eff APR 15 2000] (Auth: HRS §§ 329-31, 353C-2) (Imp: HRS § 329-31)

A separate registration is required for each principal place of business or professional practice where the applicant manufactures, distributes, administers, dispenses, or stores controlled substances. Registrants are required to notify the narcotics enforcement division in writi…

(a) The department or its agents may inspect the establishment of a registrant or applicant at reasonable times to ensure proper registration and to ensure compliance with all applicable State and Federal laws. in order to safeguard against diversion of controlled substances, the…

(a) Every physician, dentist, podiatrist, veterinarian or other practitioner shall keep a record of all controlled substances received, transferred, administered, prescribed, or disposed of as damaged or outdated, showing the amounts received, transferred, administered, prescribe…

(a) All persons registered to manufacture, distribute, or dispense controlled substances and all persons who transport, warehouse, or otherwise handle controlled substances, shall file with the department, copies of order, receipt and distribution forms of schedule I and II contr…

(a) A physician, in good faith and in the course of professional practice only, may prescribe, administer or dispense a controlled substance in accordance with the certificate of registration, or may cause the same to be administered by a health care professional under the direct…

(a) A prescription for a controlled substance may be issued only by an individual practitioner who is registered by the department of public safety to prescribe controlled substances in the State of Hawaii. All controlled substance prescription forms issued shall be no larger tha…

(a) Inlieu of a written prescription, a pharmacist, in good faith, may dispense schedule III, IV, and V controlled substances, to any person upon receiving an oral prescription over the telephone from a prescriber originating from within the State; provided that:(1) The pharmacis…