Hawaii Administrative Code

Notes Haw. Code R. § 8-205-2 R 05/24/2010

This chapter shall apply to all library customers and employees of the system. Any individual who believes that he or she has been discriminated against by HSPLS or an HSPLS employee shall have the right to file a complaint. The complaint must be delivered to the office of the st…

(a) There shall be a complaint board established for the purpose of receiving and hearing a complaint filed by a complainant. Each member of the board shall not have any conflicting interest in the complaint by being directly involved or participating in any action or conduct all…

Nothing in this chapter shall be construed to limit or waive the right of a complainant to seek other relief as provided under federal and state laws, provided the complainant has exhausted all administrative processes and remedies as set forth in chapter 8-205. Notes Haw. Code R…

Complainants and respondents shall, at their own expense, have the right to seek counsel in preparing, filing, and presenting any matter arising out of a complaint. Notes Haw. Code R. § 8-205-6 [Eff 8/7/93; comp 05/24/2010] (Auth: HRS §§ 296-19, 312-1) (Imp: 29 U.S.C. §§794, 706;…

A complainant and respondent shall have access to information and records in the possession of the system, except any information and records that must remain confidential in accordance with federal and state laws. Notes Haw. Code R. § 8-205-7 [Eff 8/7/93; comp 05/24/2010] (Auth:…

Complaint records shall remain confidential in accordance with federal and state laws. They shall be maintained separate and apart from the library customer and personnel files. Notes Haw. Code R. § 8-205-8 [Eff 8/7/93; am and comp 05/24/2010] (Auth: HRS § 296-19) (Imp: 29 U.S.C.…

Nothing in this chapter shall be construed to prevent or discourage a complainant from discussing discrimination concerns with any public library personnel prior to filing a complaint. Notes Haw. Code R. § 8-205-9 [Eff 8/7/93; comp 05/24/2010] (Auth: HRS § 296-19) (Imp: 29 U.S.C.…

This chapter governs programs developed by the public libraries for the general public. This chapter does not apply to programs developed by the library for the blind and physically handicapped. Notes Haw. Code R. § 8-207-1 [Eff 8/7/93; comp 05/24/2010] (Auth: HRS §§ 296-19, 312-…

Public libraries may limit the number of attendees and participants in a program due to room size, fire and safety code, or program requirements. In these instances, library customers may be required to register for the program at the public library. Notes Haw. Code R. § 8-207-10…

Notes Haw. Code R. § 8-207-2 R 05/24/2010

Notes Haw. Code R. § 8-207-3 R 05/24/2010

(a) The system may offer various programs at the public libraries. (b) All statewide level programs may be available at each public library. (c) Branch library level programs may be offered at a public library based on availability of public library personnel and community requir…

(a) Professional performers may be used by the system for various programs. (b) Professional performers hired for programs for children and young adults shall be auditioned by a panel of not less than three youth services librarians before being engaged to perform at any public l…

All programs offered by the public libraries are free of charge. Notes Haw. Code R. § 8-207-6 [Eff 8/7/93; comp 05/24/2010] (Auth: HRS §§ 296-19, 312-1) (Imp: HRS § 312-1)

(a) All programs shall be offered to the public. (b) Age or grade specific programs (e.g., young adult summer reading program, preschool or toddler story hours shall be restricted only to those library customers in the specified age or grade range. Notes Haw. Code R. § 8-207-7 [E…

Whenever possible, program schedules may be published and made available to library customers prior to the program's occurrence. Notes Haw. Code R. § 8-207-8 [Eff 8/7/93; comp 05/24/2010] (Auth: HRS §§ 296-19, 312-1) (Imp: HRS § 312-1)

All programs shall be performed in a public library, except that certain programs may be performed at other locations in a public school or the community based on the size of the anticipated audience. All programs held at sites other than a public library shall be clearly identif…

This chapter governs the receipt of cash and non-cash donations from individuals or organizations to the public libraries. Notes Haw. Code R. § 8-209-1 [Eff 8/7/93; comp 05/24/2010] (Auth: HRS §§ 296-19, 312-1) (Imp: HRS §§ 312-1, 312-2)

Notes Haw. Code R. § 8-209-2 R 05/24/2010

(a) The system shall receive all non-cash donations (e.g., books, tapes, equipment) from individuals and organizations for use by the public libraries. (b) Non-cash donations may be made at any public library in the system. (c) Donors shall be issued an acknowledgment for donated…

(a) The system shall receive all cash donations from individuals and organizations for use by the public libraries. (b) Cash donations may be made at any public library in the system. (c) For cash donations of $100 or more donors shall receive an authorization form, substantially…

All cash and non-cash donations over $500 shall be approved by the state librarian before being accepted by the system. Notes Haw. Code R. § 8-209-5 [Eff 8/7/93; am 1/2/96; comp 05/24/2010] (Auth: HRS §§ 296-19, 312-1) (Imp: HRS §§ 312-1, 312-2)

All restricted cash donations over $10,000 will be submitted to the department of accounting and general services to be established as a separate trust fund or deposited and expended in any manner authorized by law. Notes Haw. Code R. § 8-209-6 [Eff 8/7/93; comp 05/24/2010] (Auth…

(a) The system shall evaluate all non-cash donations for inclusion in the public libraries' collections. (b) Items shall be evaluated for suitability based upon: (1) Condition of the item; (2) Age of the item; and (3) Applicability of the item. (c) Items not added to the collecti…

(a) When pursuant to a petition therefor, or upon its own motion, the board proposes to adopt, amend or repeal a rule, notice of proposed rulemaking shall be published at least once in a newspaper of general circulation in the State. The notice shall also be mailed to all persons…

In any rulemaking proceeding where the board deems it warranted, a further notice of proposed rulemaking may be issued by publication thereof in a newspaper of general circulation in the State. Notes Haw. Code R. § 8-3-2 [Eff. JAN 30, 1984] (Auth: HRS § 302A-1112) (Imp: HRS § 302…

(a) Unless otherwise specifically directed by the board, all public hearings shall be held at Honolulu when the entire State or a major portion thereof is affected by the proposed adoption, amendment or repeal of a rule. When a matter affects only an island or district other than…

At the final public hearing, the board may make its decision or announce the date when its decision shall be made. The board shall consider all relevant comments and material of record before taking final action in a rulemaking proceeding. Notes Haw. Code R. § 8-3-4 [Eff. JAN 30,…

Notwithstanding sections 8-3-1 through 8-3-4, if the board finds that an imminent peril to public health, safety, or morals requires adoption, amendment or repeal of a rule upon less than twenty days' notice of hearing, and states in writing its reason for the finding, it may pro…

(a) Any interested person, organization or agency may petition the board for the adoption, amendment, or repeal of any rule, which is designed to implement, interpret, or prescribe law, policy, organization, procedure or practice requirements of the board. (b) Petitions for rulem…

(a) On petition of an interested person, the board may issue a declaratory order as to the applicability of any statutory provision or of any rule or order of the board. Petitions for the issuance thereof shall state clearly and concisely the controversy or uncertainty, shall cit…

It is important to recognize the needs of parents for affordable, accessible, and quality after-school services. To address these needs, the following rule is adopted for the implementation of the after-school plus (A+) program of the department. Notes Haw. Code R. § 8-400-1 [Eff…

(a) Transportation to the A+ program is not provided. For a child with permission to attend an A+ program at schools other than the regular school of the child, parents shall make transportation arrangements and assume responsibility for getting the child there. Parents shall not…

(a) A child shall be picked up only by parents or persons authorized by the parents on the registration forms. Parents shall give permission for other types of arrangements, such as: (1) the child is to be picked up by someone else that day; or (2) the child is to walk, ride, bik…

If a child becomes ill during the A+ program, the site coordinator shall contact the parents or other responsible persons named on the registration form of the child to pick up the child. A child with a communicable disease which normally excludes a child from school as required …

(a) At least one A+ staff member with a current certificate in first aid will be on site during A+ program hours. A current certificate means a certificate which is issued by the American Red Cross or any other certifying agency and which is less than three years old. (b) If a ma…

(a) A child may be terminated or suspended from the program for: (1) failure to pay the monthly non-refundable fee or any other outstanding fees; (2) chronic late pick-up; or (3) conduct which disrupts the activities of the program or jeopardizes the safety or welfare of the staf…

Chapter 8-19 shall apply to searches and seizures as may be conducted during the A+ program. Notes Haw. Code R. § 8-400-15 [Eff 3/1/93; comp 8/7/93; comp 4/1/96; comp 3/13/00] (Auth: HRS § 302A-1112) (Imp: HRS §§ 302A-1112, 302A-408)

Parent conferences are not required but may be arranged at the request of parents, group leaders, or the site coordinator. Notes Haw. Code R. § 8-400-16 [Eff 3/1/93; comp 8/7/93; comp 4/1/96; comp 3/13/00] (Auth: HRS § 302A-1112) (Imp: HRS §§ 302A-1112, 302A-408)

Chapter 8-34 shall apply to records of the A+ program. Notes Haw. Code R. § 8-400-17 [Eff 3/1/93; comp 8/7/93; comp 4/1/96; comp 3/13/00] (Auth: HRS § 302A-1112) (Imp: HRS §§ 302A-1112, 302A-408)

A+ program staff are required to report any suspected cases of child abuse or neglect and shall promptly report the matter orally to the department of human services or to the police department. Notes Haw. Code R. § 8-400-18 [Eff 3/1/93; comp 8/7/93; comp 4/1/96; comp 3/13/00] (A…

(a) A monthly fee up to the total monthly cost per pupil of providing such services during the prior year shall be assessed. This fee shall be rounded to the nearest dollar. A fee waiver or fee adjustment may be provided in accordance with board policy. (b) Fees shall be collecte…

This chapter shall govern the after-school plus (A+) program of the department, established or hereafter established pursuant to section 302A-408, Hawaii Revised Statutes. With the exception of chapter 41, the provisions of subtitle 2, of title 8, shall not apply to any program g…

The provisions of this chapter are deemed specific to the after-school plus (A+) program of the department and shall control over any conflicting provisions of this title. Notes Haw. Code R. § 8-400-20 [Eff 3/1/93; comp 8/7/93; comp 4/1/96; comp 3/13/00] (Auth: HRS § 302A-1112) (…

As used in this chapter: "A+ program" means the after-school plus program established by the department for public elementary school-aged children and conducted statewide utilizing public school grounds and facilities. The A+ program is voluntary and is not part of the compulsory…

All latchkey children enrolled in public elementary schools in kindergarten through grade six, are eligible to participate in the program if they are living with both parents who are employed, a single parent who is employed, parents working in the A+ program, and parents attendi…

(a) Application forms for the program shall be available at all public elementary school offices. Applicants shall return the completed form to the school where the child is in attendance during the regular school day. Priority shall be given to applications received before the a…

An A+ program may be established at those public schools where twenty or more students enroll, and if staff availability is adequate to service the demand. In schools where there is no A+ program or where enrollment is restricted by staff shortages, a child may enroll in an A+ pr…

(a) The program shall be made available to all eligible children on a nondiscriminatory basis. For the child with a disability who is identified by parents or who are known to the A+ program staff to have special needs, the district will provide such reasonable modifications as a…