Hawaii Administrative Code

Nothing in this chapter shall be construed as limiting the introduction in any legal proceeding of relevant evidence of the alcohol concentration of a person's blood, breath, or other bodily substance not obtained in strict compliance with the requirements of this chapter provide…

(a) Alcohol analysts shall: (1) Perform alcohol testing of blood and other bodily substances; (2) Use testing procedures approved by the department; and (3) Keep records required by the alcohol testing supervisor. (b) Alcohol analysts who perform alcohol testing of blood and othe…

(a) At no cost to the department, each laboratory licensed to perform alcohol testing shall participate in a performance evaluation program for alcohol testing which is approved in writing by the DUI coordinator. (b) The testing procedure used to test the performance evaluation s…

(a) Except as provided in subsection (f), only those blood alcohol testing procedures which have been approved in writing by the DUI coordinator shall be used. (b) For each blood alcohol testing procedure for which approval is requested the alcohol testing supervisor shall submit…

(a) The following safeguards shall be observed in the collection of a blood sample from a living individual for determination of its alcohol content: (1) Blood shall be drawn only by a qualified person as specified in section 286-152, HRS. (2) The area of puncture for the drawing…

(a) With each batch of samples, the alcohol analyst shall use appropriate reference samples as specified in the procedure approved by the DUI coordinator in writing for that laboratory. (b) A copy of the written procedure shall be accessible to the alcohol analyst performing the …

Results of blood or other bodily substance alcohol tests, when required, shall be submitted to the appropriate governmental agency or agencies. Notes Haw. Code R. § 11-114-25 [Eff DEC 30, 1993] (Auth: HRS § 321-161) (Imp: HRS §§ 321-161; 286-2; 286-151; 286-152; 286-153; 286-154;…

(a) Records shall be kept and maintained at the direction of the alcohol testing supervisor. Records shall include information on: (1) Each blood test conducted; (2) Maintenance, or repair, or both of instruments used in the testing of blood or other bodily substances for alcohol…

(a) The DUI coordinator may conduct on-site surveys of licensed laboratories. Written reports of surveys shall be sent by the DUI coordinator to the alcohol testing supervisor. (b) At no cost to the department, laboratories shall accept and test performance evaluation samples whi…

(a) The director of health may issue alcohol testing laboratory licenses or renewals. (b) License issuance is contingent upon compliance by the laboratory with the provisions of section 11-114-18. (c) An alcohol testing supervisor shall submit in writing a request to the director…

(a) The director of health shall issue a written notice of revocation of the alcohol testing license of any laboratory which: (1) Obtains the license falsely or deceitfully; (2) Falsifies alcohol test data or records; (3) Is no longer in operation; (4) Has no qualified clinical l…

Should any section, paragraph, sentence, clause, phrase, or application of this chapter be declared unconstitutional or invalid for any reason, the remainder of this chapter will not be affected. Notes Haw. Code R. § 11-114-3 [Eff DEC 30, 1993] (Auth: HRS § 321-161) (Imp: HRS §§ …

(a) A laboratory may file a letter requesting reinstatement with the director of health within twenty days of receipt of a notice of license suspension or revocation. (b) Should no letter requesting reinstatement be filed with the director of health within twenty days of the rece…

As used in this subchapter: "Alcohol" means ethyl alcohol. "Accuracy test" means a test performed periodically using a simulator as an accuracy verification device to establish the accuracy of a breath alcohol testing instrument. "Accuracy verification device" means a device or a…

(a) Breath alcohol tests shall be performed using a model of: (1) Breath alcohol testing instrument; (2) Breath alcohol testing instrument accessories; and (3) Accuracy verification device which are approved by the DUI coordinator. (b) The model specifications of NHTSA for eviden…

(a) Except as provided in subsection (c), every breath alcohol testing procedure shall be approved by the DUI coordinator in writing and shall include, but not be limited to: (1) Performance of an accuracy verification test with each breath alcohol test, using an approved accurac…

(a) Every accuracy test procedure shall be approved by the DUI coordinator in writing and shall include, but not be limited to the following requirements: (1) The test shall be conducted by a supervisor; (2) At least two different reference samples and an air blank shall be run w…

Maintenance and repair of breath alcohol testing instruments shall be the responsibility of the agency using the instruments and shall not be at the expense of the department. Notes Haw. Code R. § 11-114-8 [Eff DEC 30 1993] (Auth: HRS § 321-161) (Imp: HRS §§ 321-161; 321-1; 321-9…

(a) Supervisors of breath alcohol testing instruments shall be responsible for: (1) The care of breath alcohol testing instruments; (2) Insuring that instruments are maintained; (3) Performing accuracy tests required by section 11-114-7; (4) Performing or supervising, or both, br…

As used in this chapter: "Burial site" has the same meaning as defined in section 6E-2, Hawaii Revised Statutes (HRS). "Cemetery" has the same meaning as defined in section 441-1, HRS. "Cemetery authority" has the same meaning as defined in section 441-1, HRS. "Cemetery property"…

(a) The fee to apply for a disinterment permit is $7.50 for each set of remains and is due with the application, except as otherwise provided by law or in section 11-118-13. (b) Fees are not transferable or refundable, even if an application is denied. (c) Value added electronic …

(a) After receiving a permit to disinter from the state registrar, the mortuary, mortuary authority, cemetery, or cemetery authority that submitted the application for disinterment on behalf of an applicant shall determine that the disposition of the remains is consistent with th…

(a) Any person who exposes, disturbs, or removes any remains from a place of burial without a disinterment permit is subject to a fine of not more than $100, or such higher amount as is authorized by law; provided that an inadvertent exposure, disturbance, or removal of remains i…

(a) An application for the disinterment of remains of unknown or unidentified armed forces members is subject to the requirements of this chapter, unless otherwise provided in this section, and shall be made by the United States Department of Defense. (b) The United States Depart…

(a) If an applicant seeks to disinter one or more sets of unidentified remains that are known to be or are discovered to be in a known place of burial, the applicant shall contact the department of land and natural resources for a determination of whether the remains are under th…

(a) This chapter shall not apply where a court in the circuit where the remains are located has issued an order allowing for the disinterment of remains. (b) The department may issue a disinterment permit retroactively in the case of extenuating circumstances, such as a natural d…

(a) Subject to section 11-118-3, a disinterment permit is required for the disinterment or disturbance of remains from a place of burial for all purposes, including: (1) Removing or disturbing and reinterring the same remains in the same location; (2) Interring additional remains…

(a) The state registrar shall not issue a disinterment permit for remains that appear to be over fifty years old which are discovered or are known to be buried at any place of burial other than a known, maintained, actively used cemetery unless the applicant for the disinterment …

(a) Individuals eligible to apply for a disinterment permit include: (1) A survivor of the decedent in the following priority order: (A) Spouse or reciprocal beneficiary; (B) Child eighteen years of age or older, or if more than one child, a majority of the children eighteen year…

(a) An applicant for a disinterment permit shall use the services of a mortuary or cemetery to submit an application for a disinterment permit to the state registrar on a form and in a manner approved by the state registrar. An owner of a family burial plot is not considered a ce…

(a) Approval to use the electronic disinterment application and permit system shall be granted to a mortuary, mortuary authority, cemetery, or cemetery authority that: (1) Applies to use the electronic disinterment application and permit system on a form and in a manner approved …

(a) An application for a disinterment permit shall include the following information, if known. If it is unknown, indicate "Unknown" or give the best approximation on the application.(1) Decedent's full name; (2) Date of death; (3) Place of death; (4) Decedent's date of birth or …

(a) Upon the electronic submission of an application for a disinterment permit to the department, the department may approve or deny the application. Approval is subject to the following:(1) The remains shall be under the department's jurisdiction pursuant to sections 11-118-2 an…

(a) The state registrar shall deny a disinterment permit when: (1) An applicant submits a substantially incomplete application; (2) An applicant is not eligible to apply for a disinterment permit; (3) The remains are under the jurisdiction of the department of land and natural re…

The purpose of this chapter is to establish instructions and procedures for filing of a Hawaii adopted in Hawaii. Notes Haw. Code R. § 11-120-1 [Eff. FEB 19 1981] (Auth: HRS Secs. 321-9, 338-2) (Imp: HRS Sec. 338-20.5)

(a) An application by a legal parent or an adult adoptee shall be filed with the state registrar of vital statistics before a new certificate of birth entitled a "Hawaii Certificate of Foreign Birth" is issued. (b) Application forms shall be provided by the department of health. …

(a) The applicant shall provide the following information: (1) Full name at birth or prior to the adoption; (2) Sex; (3) Color or race; (4) Date of birth (if unknown, this shall be approximated); (5) Place of birth (true or probable country of birth); (6) New name as set forth in…

Upon submission of the application as provided herein, the registrar shall prepare and file the Hawaii certificate of foreign birth that shall contain the following information: (1) Information about the adopted person: (A) Full name as set forth in the adoption decree; (B) Sex; …

The purpose of this chapter is to establish procedures for adoptive parents to have the names of the natural parents shown on a supplementary birth certificate. Notes Haw. Code R. § 11-123-1 [Eff. FEB 19 1981] (Auth: Secs. 321-9, 338-2) (Imp: HRS Secs. 338-20, 578-14)

As used in this chapter, unless the context otherwise requires: "Original birth certificate" means the first birth certificate prepared and filed for the adopted person at birth or before the adoption. "Supplementary birth certificate" means a new birth certificate prepared by th…

(a) An application by the adoptive parents shall be filed with the department of health before names of natural parents are added to a supplementary birth certificate. (b) Application forms shall be provided by the department of health. Notes Haw. Code R. § 11-123-3 [Eff. FEB 19 …

The applicants shall provide the following: (1) A certified copy of an adoption decree or certificate of adoption; (2) An affidavit signed by the adoptive parents requesting that the names of the natural parents be shown on the supplementary birth certificate; (3) An affidavit si…

(a) The purpose of this chapter is to establish the required components of the statewide, coordinated, multidisciplinary, and interagency System of early Intervention Services that meet the needs of infants and toddlers with special needs. The program components include Surrogate…

(a) The administrative complaint resolution process may be used when any individual or Organization, including an individual or Organization from another State, believes that the department or an early Intervention provider has violated a requirement under Part C of the Act. (b) …

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

(a) A due process hearing is available for the timely resolution of an individual child complaint by parents regarding the identification, evaluation, or placement of a child, or the Provision of early Intervention Services to the child with delayed development or at biological r…

Notes Haw. Code R. §§ 11-140-12 to 11-140-99