Hawaii Administrative Code

No person shall perform notarial acts for remotely located individuals or advertise or represent oneself as a notary public who is able to do so, without a current commission as a remote online notary public obtained from the attorney general. Notes Haw. Code R. § 5-11-61 [Eff an…

(a) Only a notary public with an active commission may apply for a remote online notary public commission. (b) Each applicant for a remote online notary public commission shall complete and file with the attorney general an application for commission of remote online notary publi…

(a) Unless otherwise provided by law, the attorney general shall take the following actions within six months after the filing of a complete application for a commission as an online notary public: (1) If the attorney general deems appropriate, conduct an investigation of the app…

No remote online notary public commission shall be issued to any notary public unless the notary public pays the examination fee and takes and passes an examination specific to notarization of remotely located individuals as prescribed by the attorney general and pursuant to the …

The attorney general shall commission a notary public to perform remote online notarization, provided that no remote online notary public commission shall be in effect, nor shall a notary public perform remote online notarization unless, in addition to the requirements of section…

A remote online notary public's commission to perform notarial acts for remotely located individuals shall expire on the same date as the notary public's commission. Notes Haw. Code R. § 5-11-66 [Eff and comp 2/27/2022] (Auth: HRS §§ 28-10.8, 456-1.5, 456-8, 456-23) (Imp: HRS §§ …

(a) Each remote online notary public shall be responsible for timely renewing the remote online notary public's commission and satisfying the renewal requirements provided by law. A completed renewal application to perform remote online notarial acts received by the attorney gene…

(a) A remote online notary public located in the State may perform a notarial act for remotely located individuals only if the remotely located individual personally appears before the remote online notary public at the time of the notarization. (b) A remotely located individual …

(a) If a remote online notary public does not have satisfactory evidence of the identity of a remotely located individual, the remote online notary public shall reasonably verify the remotely located individual's identity through two different types of identity proofing consistin…

A notary public shall not perform a notarial act unless there is proof of the signer's signature and identity as defined in section 456-1.6, HRS, or as otherwise provided in sections 5-11-69 and 5-11-70. Notes Haw. Code R. § 5-11-7 [Eff MAY 05 2008] (Auth: HRS §§ 28-10.8, 456-8) …

A remote online notary public has satisfactory evidence of the identity of a remotely located individual if the remote online notary public has personal knowledge, as defined in paragraph (1), of the identity of the remotely located individual or if the remote online notary publi…

(a) A remote online notary public may not perform a notarial act for a remotely located individual unless the technology identified by the remote online notary public satisfies all of the following:(1) Provides continuous synchronous audiovisual feeds; (2) Provides sufficient vid…

(a) In addition to the rubber stamp notary seal required for all notaries public pursuant to section 456-3, HRS, and section 5-11-5, a remote online notary public shall obtain and keep one or more electronic stamping devices. An electronic stamping device shall consist of a digit…

(a) In addition to the tangible journal required of all notaries public pursuant to section 456-15, HRS, a remote online notary public shall retain an electronic journal as required under section 456-15, HRS, and this chapter and any audiovisual recording created under section 45…

Every acknowledgment or jurat shall be evidenced by a certificate signed and dated by a notary public contemporaneously with the performance of the notarial act, as prescribed by chapter 456, HRS. The certificate shall include the printed name of the notary public, the expiration…

(a) A notary public shall create, maintain, and retain a journal in which the notary public chronicles all notarial acts performed by the notary public in accordance with the requirements of section 456-15, HRS, and this chapter. (b) The tangible journal shall be bound with a sof…

As used in this chapter, unless a different meaning clearly appears in the context: "Applicant" means any person who submits the required documentation, application form, and fee for a permit as defined in this section. "Chief of police" means the chief of police of the counties …

(a) The place of storage of firearms shall meet the following exterior building security requirements:(1) All perimeter doors to the building shall be solid core and have dead-bolt locks or the equivalent. Sliding glass doors shall have steel window guards or be connected to an a…

(a) The following security requirements shall be met for transporting firearms: (1) When size or quantity of the firearms permit storage inside the vehicle:(A) The firearms shall be transported either concealed in the locked storage area of the vehicle, or in a locked metal box o…

Explosives shall be stored in accordance with sections 12-98-4, 12-98-5, and 12-98-5.1. Notes Haw. Code R. § 5-12-4 [Eff FEB 29 1992] (Auth: HRS §§ 28-10.8, 134-2.5(c)) (Imp: HRS § 134-2.5)

(a) Explosives shall be transported in accordance with section 12-98-6. (b) Any vehicle used for transporting explosives and any operator of such vehicle shall meet all requirements of federal, state, and county laws to be validly upon the roads and highways of this State. Notes …

The purpose of this chapter is to outline the application procedures for issuance of a state identification card. Notes Haw. Code R. § 5-22-1 [Eff 2/9/2006; comp DEC 17 2012] (Auth: HRS § 846-23) (Imp: HRS §§ 846-28, 846-32)

State identification cards shall expire eight years from the year of issuance on the applicant's birthday, except for legal non-immigrants (foreign tourists, students, or employees who are not legal permanent residents), in which case the card shall bear the same expiration date …

A cardholder who has an advance health-care directive may choose to have the state identification card issued with a symbol or abbreviation indicating that the cardholder has an individual instruction in writing, a living will, or a durable power of attorney for health care decis…

If any provision of this chapter, or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the…

(a) Application for an original state identification card shall be made in person. (b) All applicants shall provide the following supporting documents at the time of application. All of the documents shall be originals or certified copies where an original is not expressly requir…

(a) All persons desiring to alter their state identification card shall follow the procedures and present the documents as required in section 5-22-2 for an original application. (b) For those persons desiring alteration based on change of citizenship status, proof of the new cit…

(a) Persons applying for correction of an error on the state identification card shall produce the original state identification card and be fingerprinted to verify identity. In addition, documented evidence shall be presented by the applicant pertaining to that item of informati…

Persons applying for a duplicate or renewal of a state identification card shall follow procedures and must present supporting documentation required by section 5-22-2. If there was a stipulation for further documentation when the card was previously issued, then such further doc…

The state identification card shall include the applicant's permanent address. An applicant's permanent address can be determined by one of the following with administrative approval: (1) Department of taxation form A-6, application for tax clearance; (2) Current property tax ass…

(a) The fee for a state identification card for applicants age sixty-five years and older is $15; for all others the fee is $20. All fees are payable in cash or money order. (b) Web applicants will pay a state portal convenience fee and a reduced fee for their state identificatio…

(a) The applicant's right index and left index fingerprints shall be obtained for purposes of identification, as required by section 846-28, Hawaii Revised Statutes. (b) If a clear impression of the right or left index fingerprint cannot be obtained due to injury, allergy, amputa…

(a) Cardholders age sixty-five years and older who obtained state identification cards on or after November 1, 1998, may renew their state identification card by mail if there are no changes in name and citizenship. The completed application form shall be mailed back to the state…

The purpose of this chapter is to establish fees for services provided by the Hawaii criminal justice data center and state and county criminal justice agencies, and to establish exemptions from the requirement to pay fees. Notes Haw. Code R. § 5-24-1 [Eff MAR 27 2009] (Auth: HRS…

The fees for the following services are: (1) For each search performed on the adult criminal conviction information website (eCrim) $ 5.00 (2) For each printout from the adult criminal conviction information website (eCrim) $ 12.00 (3) For each printout from a public access termi…

The exemptions from the fees established in this chapter and HRS § 846-10.5 are limited to requests from the following: (1) Criminal justice agencies for criminal justice purposes; (2) State or county agencies for criminal history .record checks for employment or enlistment purpo…

The applicant fees charged by the Federal Bureau of Investigation for national fingerprint-based criminal history record checks shall be paid to the Hawaii criminal justice data center and held in the criminal history record improvement revolving fund until the fees are passed to…

The purposes of this chapter are to establish procedures for in-person verification of covered offenders and community notification to subscribers and to establish provisions for special classes of offenders. Notes Haw. Code R. § 5-25-1 [Eff JUN 29 2012] (Auth: HRS §§ 846E-2(g), …

(a) A covered offender shall report in person, every year, within the thirty-day period following the covered offender's date of birth, to one of the following agencies: (1) The chief of police where the covered offender resides; (2) The Hawaii paroling authority of the departmen…

(a) Community notification is a free service that notifies a subscriber electronically when a covered offender, within a specified zip code or a specified geographic range of an address provided by the subscriber, registers or updates registration information. The notification co…

(a) The special classes of covered offenders are: (1) Class 1. Registered covered offenders who are not in Hawaii and are confirmed to be registered in another state or territory. (2) Class 2. Registered covered offenders who are not in Hawaii and are confirmed to be deported to …

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

(a) The application to obtain title IV-D child support services shall be made on forms supplied by the title IV-D agency and completed in a manner prescribed thereon. (b) The agency shall provide the appropriate application forms to individuals who make a request in person or sen…

(a) An application or referral is considered filed on the date the appropriate unit office receives a completed, signed application form, or complete referral information, and any applicable fees. (b) Upon the filing of an application or referral, the agency may establish a case …

A specially designed orientation session may be presented by the agency to familiarize applicants with the rights and responsibilities of the parties. Notes Haw. Code R. § 5-31-14 [Eff and comp MAR 30 2014] (Auth: HRS §§ 576D-2, 576D-6) (Imp: HRS §§ 576D-2, 576D-6; 45 C.F.R. §302…

The following information may be required to complete the application: (1) The applicant's social security number and date of birth; (2) The applicant's last four pay stubs; (3) The applicant's most recent federal or state income tax return; (4) Child care receipts for the last t…

(a) The agency shall access available and appropriate sources to obtain information concerning the custodial and non-custodial parent. All appropriate location sources shall be accessed within timeframes prescribed by federal regulation, 45 C.F.R. § 303.3(b)(3). (b) Where efforts…