Hawaii Administrative Code

(a) An owner, operator, manager, employer, or other person who owns or controls a place open to the public or place of employment covered by the provisions of sections 328J-3 or 328J-4, HRS, may apply to the department for an interim exemption to the reasonable distance presumpti…

(a) Private residences are exempt from the provisions of sections 328J-2, 328J-3, and 328J-4, HRS, except when used as a licensed child care, adult day care, or health care facility. (b) A limited common element, such as a lanai that is designed to serve a single unit but is loca…

(a) Any place covered by the provisions of sections 328J-3 or 328J-4, HRS, that is accessed solely by means of a second place that is covered by the provisions of sections 328J-3 or 328J-4, HRS, is exempt from the signage requirements in section 328J-9, HRS; provided that the req…

(a) Any person may register a complaint with the department either orally or in writing. The person shall not be required to provide personal information for the department to investigate and take action, if appropriate. (b) Any inspector of the department upon observing a violat…

(a) Consistent with any rules adopted to implement section 321-11, HRS, the director may suspend a permit or license authorized by section 321-11, HRS, after a person who owns, manages, operates, or otherwise controls any place or designated facility has been found to have violat…

(a) The director shall appoint and commission one or more inspectors as the exigencies of the public service may require. Department inspectors shall enforce the provisions of chapter 328J, HRS, and these rules. Inspectors shall be provided with suitable badges or insignia of off…

(a) An owner, manager, operator, or employee of an establishment regulated by chapter 328J, HRS, shall inform, persons violating chapter 328J, HRS, or this chapter, of the provisions of chapter 328J, HRS, and of this chapter. (b) To inform a person who is violating chapter 328J, …

(a) Smoking is allowed on the lanai areas of hotel guest rooms including non-smoking hotel guest rooms. Nothing in this subsection shall prevent a hotel from prohibiting smoking on lanai areas of hotel guest rooms pursuant to section 328J-8, HRS. (b) For purposes of this chapter …

Notes Haw. Code R. §§ 11-86-1 to 11-86-10 R 10/26/2014

Notes Haw. Code R. §§ 11-87-1 to 11-87-3 R 10/26/2014

Notes Haw. Code R. §§ 11-88-1 to 11-88-43 R 10/26/2014

This chapter is established to provide, subject to the availability of state funding, state services for citizens of Compact of Free Association (COFA) nations and legal permanent residents admitted to the United States for less than five years who are age nineteen years and olde…

Notwithstanding any sections to the contrary, chapter 11-88.1 in its entirety, with the exception of sections 11-88.1-6, 11-88.1-18, 11-88.1-20, shall be incorporated and made a part of this chapter. Notes Haw. Code R. § 11-88.2-2 [Eff 11/19/2014 ] (Auth: HRS §§ 321-9, 333F-18) (…

All terms defined in chapter 11-88.1, shall have the same meaning when used in these rules. Additionally, as used in these rules: "Compact of Free Association (COFA) nations" means the Federated States of Micronesia, the Republic of the Marshall Islands and the Republic of Palau.…

(a) An individual requesting home and community-based services under this chapter must meet the following eligibility requirements: (1) The basic eligibility requirements described in section 11-88.1-5 with the exception of the citizenship requirements; (2) Meet the basic financi…

(a) Services for a participant eligible for home and community-based services under this chapter may be decreased or terminated for the following reasons: (1) The participant meets the requirements for decrease or termination of services as outlined in section 11-88.1-10(a); (2) …

A participant's eligibility for home and community-based services under this chapter shall be terminated for any of the following reasons: (a) The participant meets the requirements for termination of division services as outlined in section 11-88.1-9(a); (b) Lack of state funds;…

(a) Services and support administered or provided by the division for persons with developmental or intellectual disabilities eligible for services under this chapter may include the services and support as outlined in section 11-88.1-15(a). (b) Programs and services provided to …

(a) A person eligible for services under this chapter may appeal the suspension, reduction (decrease), or termination of division services by following any of the steps outlined in section 11-88.1-19(a) - (c). (b) A person eligible for services under this chapter may not appeal w…

These emergency rules shall take effect upon filing with the Lieutenant Governor's office and shall be effective for no longer than one hundred twenty (120) days from the effective date. Notes Haw. Code R. § 11-88.2-9 [Eff 11/19/2014 ] (Auth: HRS §§ 91-4, 321-9, 333F-18)

This chapter establishes minimum requirements for the certification and licensure of developmental disabilities domiciliary homes for adult individuals with developmental disabilities or mental retardation. These rules shall promote normalization, least restrictive intervention, …

(a) Waivers may be granted to a facility, for a specified period of time at the discretion of the department. A waiver may be renewed at the discretion of the department. (b) Waivers of structural requirements shall not be granted unless: (1) All residents are fully ambulatory an…

(a) Every licensed facility shall be inspected by the department at least once every year to determine compliance with this chapter. (b) The department may inspect a licensed facility at any reasonable time without prior notice to conduct annual inspections, confirmation of corre…

(a) Prior to licensure, the applicant shall provide the department with evidence that the facility meets all requirements of state and county zoning, building, fire, sanitation, housing, and other codes, ordinances and laws for the type of occupancy to be licensed. (b) Once licen…

(a) Written policies and procedures addressing the rights of residents during their stay in the facility shall be established and shall be made available to the resident, guardian, next of kin, responsible agency, and the public. It shall be the right of each resident admitted to…

(a) The caregiver shall, in coordination with the case manager, arrange for resident access to medical services at all times, including emergency services. The facility shall have a written policy which specifies the procedures to be followed in medical emergencies. (b) Basic fir…

(a) Residents shall be up, out of bed and appropriately dressed, daily, unless physician's orders indicate otherwise. (b) The caregiver shall provide and document social and recreational activities for residents on a regular basis and shall encourage participation in activities a…

(a) Admissions shall be screened for eligibility by the division prior to admission. (b) The caregiver shall coordinate with the division for screening, placement, and case management prior to admission. (1) The case manager shall develop an individual plan with the resident, gua…

(a) There shall be written operational policies and procedures available to staff and residents which address the implementation of: (1) Admission policies as specified in section 11-89-16; (2) Dietary and other services provided by the facility; (3) Transfer and discharge of res…

(a) Individual records shall be maintained for each resident. Upon admission or readmission, the facility shall maintain: (1) Records which identify the resident's name, social security number, marital status, date of birth, sex, next of kin or guardian, and religious preference,…

(a) Meals shall be well-balanced and sufficient in quantity, quality, and variety to meet nutritional requirements of residents and shall be in accordance with the national research council of the national academy of sciences most current recommended dietary allowance (RDA), and …

As used in this chapter, unless a different meaning clearly appears in the context: "Administrator" means the person responsible for managing and administering the developmental disabilities domiciliary home(s) and who assures that appropriate care for the residents is provided. …

(a) The conditions under which the caregiver agrees to be responsible for the residents' funds or property shall be explained and agreed to by the resident, or the guardian, and documented in the resident's file. (b) No person associated with the ownership or operation of the fac…

Except in an emergency situation that affects the resident's health or safety, four weeks written notice of a transfer to an appropriate facility, or discharge to another living arrangement, or a transfer within the facility, shall be given to the resident, the legal guardian, an…

(a) The administrator shall notify the department in writing at least thirty days prior to an intended closure of the facility. (b) The administrator shall notify all residents, guardians, and case managers at least thirty days prior to an intended closure of the facility. (c) Al…

(a) If the department determines that any of the requirements of this chapter has been violated, the department shall notify the administrator of such violations in writing. In such notice the department shall set forth the specific violations and may establish a specific time fo…

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected thereby. Notes Haw. Code R. § 11-89-24 [Eff FEB 0…

Notes Haw. Code R. § 11-89-25

Notes Haw. Code R. § 11-89-26

Notes Haw. Code R. § 11-89-27

Notes Haw. Code R. § 11-89-28

Notes Haw. Code R. § 11-89-29

(a) No person, or group of persons may operate a developmental disabilities domiciliary home unless it is licensed by the department. (b) Any person, or group of persons, desiring to operate a developmental disabilities domiciliary home shall apply to the department on forms furn…

Notes Haw. Code R. § 11-89-30

Notes Haw. Code R. § 11-89-31

Notes Haw. Code R. § 11-89-32

Notes Haw. Code R. § 11-89-33

Notes Haw. Code R. § 11-89-34

Notes Haw. Code R. § 11-89-35

Notes Haw. Code R. § 11-89-36