Hawaii Administrative Code

(a) Following a request for hearing, a hearings officer may grant: (1) A waiver of the requested hearing; (2) A motion to dismiss; or (3) A motion to continue. (b) The request of waiver or motion to dismiss or continue shall be made as soon as the facts requiring the request or m…

Notes Haw. Code R. § 5-34-6 R DEC 24 2001

The hearings officer, sua sponte, or upon any party's motion timely made and for good cause shown, may consolidate two or more proceedings which involve substantially the same issues, arising out of the same general transaction, or involving the same person or persons. Notes Haw.…

(a) Requests and motions regarding a hearing shall be in writing, shall be signed by the party or representative submitting the request or motion, and shall include the following: (1) The date the request is written; (2) The name, address, and telephone number of the party or rep…

In computing any period of time prescribed or allowed by these rules, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday, o…

This chapter shall govern the practice and procedure for the filing and processing of petitions for administrative forfeiture, pursuant to section 712A-10, Hawaii Revised Statutes. Notes Haw. Code R. § 5-51-1 [Eff 1/17/2020] (Auth: HRS §§ 712A-10) (Imp: HRS §§ 712A-1, 712A-10, 71…

The definitions set forth in chapter 712A, Hawaii Revised Statutes, are incorporated herein by reference. Notes Haw. Code R. § 5-51-2 [Eff 1/17/2020] (Auth: HRS § 712A-10) (Imp: HRS §§ 712A-1, 712A-10)

(a) In addition to the requirements set forth in section 712A-10, Hawaii Revised Statutes, the petition for administrative forfeiture provided in section 712A-10(1), Hawaii Revised Statutes, shall include: (1) An itemized listing of all property subject to forfeiture in the capti…

(a) A petition dismissed without prejudice may be refiled if filed with the attorney general within forty-five days of the date of the dismissal. Any and all refiled petitions shall comply with the filing requirements set forth in subchapter 2. (b) The prosecuting attorney shall …

(a) The prosecuting attorney may seek to amend a petition, provided the amended petition: (1) Complies with the filing requirements set forth in subchapter 2 herein; (2) Is received by the attorney general prior to the filing of any order in the matter; (3) Includes a transmittal…

(a) The prosecuting attorney may submit a motion to withdraw a petition for administrative forfeiture at any time prior to the filing of an order on the petition by the attorney general. (b) Upon receipt of the motion to withdraw a petition, the attorney general shall file an ord…

(a) In addition to complying with the notice requirements in sections 712A-10(2), 712A-10(3), and 712A-8, Hawaii Revised Statutes, when serving copies of the notice of pending forfeiture and petition for administrative forfeiture on any interested party or parties, the prosecutin…

Publication by the attorney general, as set forth under section 712A-10(3), Hawaii Revised Statutes, shall be completed as soon as practicable after the filing of a petition for administrative forfeiture or in accordance with a publication schedule established by the attorney gen…

The following persons may file a petition for remission or mitigation of forfeiture; a claim and cost bond; or a claim and in forma pauperis bond with the attorney general in any administrative forfeiture matter: (1) Any person claiming ownership of seized property, pursuant to s…

In addition to the requirements set forth in section 712A-10, Hawaii Revised Statutes, the filing requirements for a petition for remission or mitigation of forfeiture; a claim and cost bond; or a claim and in forma pauperis bond are as follows: (1) A party named as an interested…

The notary requirement provided in sections 712A-10(5) and (9), Hawaii Revised Statutes, may be applied as follows: (1) The attorney general, with sole discretion, may waive the notary requirement for a petition for remission or mitigation of forfeiture; a claim and cost bond; or…

Remission is not warranted and shall not be granted under any of the following conditions: (1) When any person filing a petition pursuant to this section has been: (A) Alleged to have engaged in the specific conduct that serves as the factual basis for the commission of the cover…

If the attorney general, with sole discretion, determines that remission of subject property is not warranted, the attorney general may discretionally mitigate the forfeiture where the petitioner has not met the minimum requirements for remission but where there are other extenua…

(a) Petitions and claims filed pursuant to this section shall not contain false claims or misrepresentations. Any petition or claim found to contain any false claim or misrepresentation that was knowingly made by the petitioner or claimant shall be dismissed with prejudice. (b) I…

(a) All administrative forfeiture settlement agreements between a prosecuting attorney and the interested party or parties as to the disposition of the subject property any time during an administrative forfeiture proceeding shall be submitted to the attorney general for approval…

(a) The prosecuting attorney filing for judicial forfeiture shall be responsible for informing the attorney general of the judicial forfeiture proceedings, from the filing of the verified petition in circuit court to the final disposition or outcome of the matter. (b) The prosecu…

The prosecuting attorney shall be responsible for responding to and appearing at all proceedings and hearings regarding or relating to the seizure and forfeiture of property that is the subject of a petition for administrative forfeiture, including but not limited to, any hearing…

Contraband and untaxed cigarettes, as defined in chapter 245, Hawaii Revised Statutes, are not subject to the administrative forfeiture procedures set forth under chapter 712A, Hawaii Revised Statutes. As such: (1) The attorney general assumes no jurisdiction over any property th…

The return of property seized pursuant to an administrative forfeiture proceeding to an interested party or parties shall be accomplished as follows: (1) In all administrative forfeiture proceedings where a petition for administrative forfeiture has been filed, property shall not…

After an order granting a petition for administrative forfeiture is filed by the attorney general, the subject property that has been forfeited to the State shall be disposed of as follows: (1) Any request by a governmental agency for the forfeited property pursuant to chapter 71…

The specific provisions of any order filed by the attorney general in an administrative forfeiture proceeding shall be fully complied within no later than six months after the date that the order is filed. Notes Haw. Code R. § 5-51-81 [Eff 1/17/2020] (Auth: HRS §§ 712A-10) (Imp: …

The attorney general may require recoupment from the prosecuting attorney or seizing agency for non-compliance with these rules, including but not limited to the following: (1) Payment to the forfeiture fund for the amount of currency that was forfeited but not deposited into or …

(a) Military justice is not and shall not be used as a substitute for military leadership. Providing military leadership remains the responsibility of all officers and noncommissioned officers of the state military forces. Guidance and counseling shall be given to any member of t…

(a) The procedures in courts-martial cases, including modes of proof and rules of evidence, to the extent applicable and not governed by chapter 124A, HRS, and this subtitle, shall be the same as those in: (1) The Hawaii rules of penal procedure (for procedure); (2) The Hawaii ru…

Notwithstanding any other statement in this subtitle with reference to specific United States Department of Defense, or United States Army or United States Air Force forms, the forms in the exhibits in this subtitle may be used interchangeably by the various services of the state…

Upon recommendation of the state judge advocate, the adjutant general may appoint officers of the state military forces as judge advocates and legal officers. Notes Haw. Code R. § 7-1-4 [Eff: FEB 11 1985] (Auth: HRS § 124A-171) (Imp: HRS § 124A-6)

The state judge advocate shall certify officers of the state military forces who are competent and qualified for duty, as trial and defense counsel, and law officers. Notes Haw. Code R. § 7-1-5 [Eff: FEB 11 1985] (Auth: HRS § 124A-171) (Imp: HRS § 124A-1)

All words and phrases in this subtitle shall have the same meaning as used in chapter 124A, HRS. Notes Haw. Code R. § 7-1-6 [Eff: FEB 11 1985] (Auth: HRS § 124A-171) (Imp: HRS § 124A-1)

Pursuant to the authority vested in the governor, and under section 124A-171(a), HRS, the governor of Hawaii has delegated all authority vested in the governor under chapter 124A, HRS, except the authority given to the governor by sections 124A-36 and 124A-41, to the adjutant gen…

Any person suspected or accused of any offense under chapter 124A, HRS, or chapter 7-9, shall have the right to remain silent, and the right to counsel during any investigation. DA Form 3881, a copy of which is set forth in the exhibit entitled "Annex 4", and AF Form 1168, a copy…

Under section 124A-21, HRS, a commanding officer may impose non-judicial punishment upon military personnel of the commanding officer's command for minor offenses. The commanding officer shall distinguish non-judicial punishment from non-punitive disciplinary measures which may i…

The commanding officer shall inform the member that the commanding officer intends to impose non-judicial punishment, and shall give the member a brief description of the offense or offenses that the commanding officer believes the member has committed. Notes Haw. Code R. § 7-2-1…

The commanding officer shall inform the member that the member has the right to demand court-martial in lieu of the non-judicial punishment action. Notes Haw. Code R. § 7-2-11 [Eff: FEB 11 1985] (Auth: HRS §§ 124A-21, 124A-171) (Imp: HRS § 124A-21)

The commanding officer shall inform the member,of the maximum punishment authorized if non-judicial punishment is imposed, and the maximum punishment that could be imposed by each type of court-martial. Notes Haw. Code R. § 7-2-12 [Eff: FEB 11 1985] (Auth: HRS §§ 124A-21, 124A-17…

The commanding officer shall inform the member that the member has a right to remain silent and that anything the member says can and will-be used against the member in the non-judicial punishment action or any subsequent action. Notes Haw. Code R. § 7-2-13 [Eff: FEB 11 1985] (Au…

The member shall elect whether to submit to the non-judicial punishment proceedings or to demand trial by court-martial. The member shall make this election on AGHI Form SJAG la, a copy of which is set forth on the exhibit entitled "Annex 5" dated 1 November 1984, located at the …

If the member demands trial by court-martial, the non-judicial punishment action shall be terminated. The commanding officer shall then decide whether to initiate court-martial action. Notes Haw. Code R. § 7-2-15 [Eff: FEB 11 1985] (Auth: HRS §§ 124A-21, 124A-171) (Imp: HRS § 124…

(a) If the member waives court-martial and does not submit matters in the member's own behalf, the commanding officer may immediately proceed to impose punishment. (b) If the member waives court-martial but does submit matters in defense, extenuation, or mitigation, orally or in …

Non-judicial punishment proceedings shall be conducted personally by the commanding officer in the presence of the member concerned. If the member fails or refuses to report for the proceedings, court-martial charges may be preferred. The exhibit entitled "Annex 6" dated 1 Novemb…

(a) The maximum punishment authorized in non-judicial punishment proceedings shall be as provided in the exhibit entitled "Annex 1" dated 1 November 1984, located at the end of this subtitle, which is made a part of this section. (b) A commanding officer shall not administer puni…

The commanding officer imposing the punishment shall personally announce the punishment to the offender. At this time, the commanding officer shall explain the offender's right to appeal and the procedures to do so. If a fine is imposed, the commanding officer shall set the time …

(a) The individual shall have committed an offense in violation of chapter 124A, HRS, or chapter 7-9. (b) The Offense committed shall also be of a minor nature, as "judicial" methods of dealing with criminal activity (for example, arrest and imprisonment) are not available in non…