Haw. Rev. Stat. § 91-4.3 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-4.3
Price.
Status: in_force

(a) The lieutenant governor shall sell the Hawaii administrative rules index and its supplements at prices which as nearly as practicable will reimburse the State for all costs incurred for printing, publication, and distribution.

(b) All money received from the sale of the Hawaii administrative rules index and its supplements shall be deposited in the state general fund. [L 1979, c 216, pt of §2]
Haw. Rev. Stat. § 97-4 — HI Code / Division 1 / Title 8 / Chapter 97 / Section 97-4
Manner of filing; public records.
Status: in_force

All statements required by this chapter to be filed with the state ethics commission:

(1) Shall be filed electronically with the state ethics commission using an electronic filing system, or any other forms and methods established by the state ethics commission;

(2) Shall be maintained by the state ethics commission for a period of no less than six years from the date of filing; and shall constitute part of the public records of the state ethics commission; and

(3) Shall be posted on the state ethics commission's website within a reasonable time after filing and may be removed from the website after six years. [L 1975, c 160, pt of §1; am L 1979, c 91, §12; am L 1980, c 129, §1(e); am L 1993, c 52, §1; am L 2021, c 190, §1; am L 2023, c 9, §3; am L 2024, c 189, §4]
Haw. Rev. Stat. § 93-3 — HI Code / Division 1 / Title 8 / Chapter 93 / Section 93-3
Deposit of publications.
Status: in_force

Upon release of a publication, every state and county agency shall immediately deposit two paper copies, and one electronic copy in a format prescribed by the state librarian, with the state publications distribution center and one paper copy with the University of Hawaii. Additional copies of the publications shall be deposited with the publications distribution center upon request of a representative of that center so long as copies are available.

The state librarian may enter into depository agreements with private and public educational, historical, or scientific institutions or other libraries, within or without the State, in order to achieve the objectives sought under this part. [L 1965, c 175, pt of §2(b); Supp, §13-22; HRS §93-3; am L 1970, c 121, §1; am L 1996, c 10, §1; am L 2012, c 63, §4; am L 2019, c 100, §2]
Haw. Rev. Stat. § 92F-15.3 — HI Code / Division 1 / Title 8 / Chapter 92F / Section 92F-15.3
Notice to the office of information practices.
Status: in_force

When filing a civil action that is under, related to, or is affected by this chapter, a person shall notify the office of information practices in writing at the time of the filing. The office of information practices may intervene in the action.
Haw. Rev. Stat. § 94-1.1 — HI Code / Division 1 / Title 8 / Chapter 94 / Section 94-1.1
Definitions.
Status: in_force

For the purposes of this chapter, unless the context clearly indicates otherwise:

"Disposition" means actions resulting in the transfer to the state archives or destruction of records as documented in the records retention and disposition schedule or other authority.

"Enduring value" means the continued significance of records determined by their legal, fiscal, administrative, or historical value that warrants their preservation by the state archives.

"Preservation" means a series of managed activities necessary to protect machine readable records from loss, alteration, deterioration, and technological obsolescence to ensure an accurate rendering of those records in perpetuity in an environment independent from that which produced them.

"Records" means information with fixed form and content, regardless of physical form or characteristics, created or received in the course of government activity and set aside as evidence of that activity. In databases, "records" mean a collection of related data fields.

"Records retention and disposition schedule" means a records disposition authorization (form SA-1) or general records schedule issued by the state comptroller, pursuant to section 94-3. [L 2013, c 88, pt of §1]
Haw. Rev. Stat. § 91-14 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-14
Judicial review of contested cases.
Status: in_force

(a) Any person aggrieved by a final decision and order in a contested case or by a preliminary ruling of the nature that deferral of review pending entry of a subsequent final decision would deprive appellant of adequate relief is entitled to judicial review thereof under this chapter; but nothing in this section shall be deemed to prevent resort to other means of review, redress, relief, or trial de novo, including the right of trial by jury, provided by law. Notwithstanding any other provision of this chapter to the contrary, for the purposes of this section, the term "person aggrieved" shall include an agency that is a party to a contested case proceeding before that agency or another agency.

(b) Except as otherwise provided herein, proceedings for review shall be instituted in the circuit court or, if applicable, the environmental court, within thirty days after the preliminary ruling or within thirty days after service of the certified copy of the final decision and order of the agency pursuant to rule of court, except where a statute provides for a direct appeal to the supreme court or the intermediate appellate court, subject to chapter 602. In such cases, the appeal shall be treated in the same manner as an appeal from the circuit court to the supreme court or the intermediate appellate court, including payment of the fee prescribed by section 607-5 for filing the notice of appeal (except in cases appealed under sections 11-51 and 40-91). The court in its discretion may permit other interested persons to intervene.

(c) The proceedings for review shall not stay enforcement of the agency decisions or the confirmation of any fine as a judgment pursuant to section 92-17(g); but the reviewing court may order a stay if the following criteria have been met:

(1) There is likelihood that the subject person will prevail on the merits of an appeal from the administrative proceeding to the court;

(2) Irreparable damage to the subject person will result if a stay is not ordered;

(3) No irreparable damage to the public will result from the stay order; and

(4) Public interest will be served by the stay order.

(d) Within twenty days after the determination of the contents of the record on appeal in the manner provided by the rules of court, or within such further time as the court may allow, the agency shall transmit to the reviewing court the record of the proceeding under review. The court may require or permit subsequent corrections or additions to the record when deemed desirable.

(e) If, before the date set for hearing, application is made to the court for leave to present additional evidence material to the issue in the case, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon such conditions as the court deems proper. The agency may modify its findings, decision, and order by reason of the additional evidence and shall file with the reviewing court, to become a part of the record, the additional evidence, together with any modifications or new findings or decision.

(f) The review shall be conducted by the appropriate court without a jury and shall be confined to the record, except that in the cases where a trial de novo, including trial by jury, is provided by law and also in cases of alleged irregularities in procedure before the agency not shown in the record, testimony thereon may be taken in court. The court, upon request by any party, shall receive written briefs and, at the court's discretion, may hear oral arguments.

(g) Upon review of the record, the court may affirm the decision of the agency or remand the case with instructions for further proceedings; or it may reverse or modify the decision and order if the substantial rights of the petitioners may have been prejudiced because the administrative findings, conclusions, decisions, or orders are:

(1) In violation of constitutional or statutory provisions;

(2) In excess of the statutory authority or jurisdiction of the agency;

(3) Made upon unlawful procedure;

(4) Affected by other error of law;

(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

(6) Arbitrary, or capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(h) Upon a trial de novo, including a trial by jury as provided by law, the court shall transmit to the agency its decision and order with instructions to comply with the order.

(i) Where a court remands a matter to an agency for the purpose of conducting a contested case hearing, the court may reserve jurisdiction and appoint a master or monitor to ensure compliance with its orders.

(j) The court shall give priority to contested case appeals of significant statewide importance over all other civil or administrative appeals or matters and shall decide these appeals as expeditiously as possible. [L 1961, c 103, §14; Supp, §6C-14; HRS §91-14; am L 1973, c 31, §5; am L 1974, c 145, §1; am L 1979, c 111, §9; am L 1980, c 130, §2; am L 1983, c 160, §1; am L 1986, c 274, §1; am L 1993, c 115, §1; am L 2004, c 202, §8; am L 2006, c 94, §1; am L 2010, c 109, §1; am L 2014, c 218, §4; am L 2016, c 48, §§5, 14; am L 2019, c 213, §1]
Haw. Rev. Stat. § 92F-28 — HI Code / Division 1 / Title 8 / Chapter 92F / Section 92F-28
Access to personal records by order in judicial or administrative proceedings; access as authorized or required by other law.
Status: in_force

Nothing in this part shall be construed to permit or require an agency to withhold or deny access to a personal record, or any information in a personal record:

(1) When the agency is ordered to produce, disclose, or allow access to the record or information in the record, or when discovery of such record or information is allowed by prevailing rules of discovery or by subpoena, in any judicial or administrative proceeding; or

(2) Where any statute, administrative rules, rule of court, judicial decision, or other law authorizes or allows an individual to gain access to a personal record or to any information in a personal record or requires that the individual be given such access. [L 1988, c 262, pt of §1]
Haw. Rev. Stat. § 98-11 — HI Code / Division 1 / Title 8 / Chapter 98 / Section 98-11
Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 U.S.C. section 7003(b).
Haw. Rev. Stat. § 94-7 — HI Code / Division 1 / Title 8 / Chapter 94 / Section 94-7
Access to restricted records in the state archives.
Status: in_force

Historical records which are transferred to the state archives shall be retained for posterity and title shall vest in the state archives. All restrictions on access to government records which have been deposited in the state archives, whether confidential, classified, or private, shall be lifted and removed eighty years after the creation of the record.
Haw. Rev. Stat. § 92-30 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-30
Copy deemed original record.
Status: in_force

A photograph, microphotograph, reproduction on film, or electronic copy of a government record shall be deemed to be an original record for all purposes, including introduction in evidence in all courts or administrative agencies. A transcript, exemplification, facsimile, or certified copy thereof, for all purposes recited in this section, shall be deemed to be a transcript, exemplification, facsimile, or certified copy of the original record.
Haw. Rev. Stat. § 92-22 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-22
§§92-22, 23 REPEALED.
Status: repealed

§§92-22, 23 REPEALED. L 1989, c 14, §§18, 19.
Haw. Rev. Stat. § 97-6 — HI Code / Division 1 / Title 8 / Chapter 97 / Section 97-6
Administration.
Status: in_force

(a) The state ethics commission shall administer and implement this chapter, and shall have the following powers and duties:

(1) Initiate, receive, and consider charges and other information, on a confidential basis, concerning alleged, possible, or potential violations of this chapter and other laws or rules administered and enforced by the commission, and investigate or cause to be investigated; on a confidential basis, the activities of any person to determine whether the person is in compliance with this chapter;

(2) Prescribe forms for the documentation, statements, and reports required by sections 97-2 and 97-3 and establish orderly procedures for implementing the requirements of those provisions;

(3) Provide advice upon the request of any person as to whether the facts and circumstances of a particular situation constitute or will constitute a violation of this chapter or other laws or rules administered and enforced by the commission and discuss ways to avoid an appearance of impropriety. A person receiving advice from the commission may request a written summary of that advice. The commission shall treat all advice requests, responses, and related materials as confidential. Written summaries shall be confidential unless the recipient waives confidentiality;

(4) Render advisory opinions upon the request of any person subject to this chapter. If no advisory opinion is rendered within ninety days after the request is filed with the commission, it shall be deemed that an advisory opinion was rendered and that the facts and circumstances of that particular case do not constitute a violation of this chapter. The opinion rendered or deemed rendered, until amended or revoked, shall be binding on the commission in any subsequent charges concerning the person subject to this chapter who sought the opinion and acted in reliance on it in good faith, unless material facts were omitted or misstated by the person in the request for an advisory opinion. The commission shall also render public general advisory opinions concerning proper interpretations of the laws of this chapter and other laws or rules administered and enforced by the commission, if it deems the opinion of sufficient general interest and importance;

(5) Issue subpoenas, administer oaths, require the production for examination of any records or papers relative to any matter under investigation or in question before the commission, and exercise those powers conferred upon the commission by section 92-16;

(6) Adopt, amend, and repeal rules, not inconsistent with this chapter, that in the judgment of the commission seem appropriate for the carrying out of this chapter and for the efficient administration of this chapter, including every matter or thing required to be done or that may be done with the approval or consent or by order or under the direction or supervision of, or as prescribed by, the commission. The rules, when adopted as provided in chapter 91, shall have the force and effect of law;

(7) Have jurisdiction for purposes of investigation and taking appropriate action on possible violations of this chapter in all proceedings commenced within six years of a possible violation of this chapter. A proceeding shall be deemed commenced by the filing of a charge with the commission or by the signing of a charge by three or more members of the commission. Nothing shall bar proceedings against a person who by fraud or other device prevents discovery of a violation of this chapter; and

(8) Distribute educational and advisory publications and initiate, administer, and maintain training programs for the purpose of training lobbyists on compliance with state lobbying laws and applicable parts of the code of ethics.

(b) Charges concerning the violation of this chapter shall be in writing, signed by the person making the charge under oath; provided that any charge initiated by the commission shall be signed by three or more members of the commission. The commission shall issue written notice to every person against whom a charge is received and afford the person an opportunity to explain the conduct alleged to be in violation of the chapter. The commission may investigate, after compliance with this section, the charges and render an informal advisory opinion to the alleged violator. The commission shall investigate all charges on a confidential basis, having available all the powers herein provided, and proceedings at this stage shall not be public. If the informal advisory opinion indicates a probable violation, the person charged shall request a formal opinion or within a reasonable time comply with the informal advisory opinion. If the person charged fails to comply with the informal advisory opinion or if a majority of the members of the commission determine that there is probable cause for belief that a violation of this chapter might have occurred, a copy of the charge and a further statement of the alleged violation shall be personally served upon the alleged violator. Service shall be made by personal service upon the alleged violator wherever found or by registered or certified mail with request for a return receipt and marked deliver to addressee only. If after due diligence service cannot be effected successfully in accordance with the above, service may be made by publication if so ordered by the circuit court of the circuit wherein the alleged violator last resided. The commission shall submit to the circuit court for its consideration in issuing its order to allow service by publication an affidavit setting forth facts based upon the personal knowledge of the affiant concerning the methods, means, and attempts made to locate and effect service by personal service or by registered or certified mail in accordance with the above. Service by publication when ordered by the court shall be made by publication once a week for four successive weeks of a notice in a newspaper of general circulation in the circuit of the alleged violator's last known state address. The alleged violator shall have twenty days after service thereof to respond in writing to the charge and statement.

(c) If after twenty days following service of the charge and further statement of alleged violation in accordance with this section, a majority of the members of the commission conclude that there is probable cause to believe that a violation of this chapter has been committed, then the commission shall set a time and place for a hearing, giving notice to the complainant and the alleged violator in the same manner as provided in subsection (b). Upon the commission's issuance of a notice of hearing, the charge and further statement of alleged violation and the alleged violator's written response thereto shall become public records. The hearing shall be held within ninety days of the commission's issuance of a notice of hearing. If the hearing is not held within that ninety-day period, the charge and further statement of alleged violation shall be dismissed; provided that any delay that is at the request of, or caused by, the alleged violator shall not be counted against the ninety-day period.

All parties shall have an opportunity to:

(1) Be heard;

(2) Subpoena witnesses and require the production of any books or papers relative to the proceedings;

(3) Be represented by counsel; and

(4) Have the right of cross-examination.

All hearings shall be in accordance with chapter 91. All witnesses shall testify under oath and the hearings shall be open to the public. The commission shall not be bound by the strict rules of evidence but the commission's findings shall be based on competent and substantial evidence.

All testimony and other evidence taken at the hearing shall be recorded. All fees collected under this chapter shall be deposited into the general fund.

(d) A decision of the commission pertaining to the conduct of any person subject to this chapter shall be in writing and signed by three or more of the members of the commission. A decision of the commission rendered after a hearing together with findings and the record of the proceeding shall be a public record.

(e) A person who files a frivolous charge with the commission against any person covered by this chapter shall be civilly liable to the person charged for all costs incurred in defending the charge, including but not limited to costs and attorneys' fees. In any case where the commission does not issue a decision or final conclusion in which the commission concludes that a person has violated this chapter, the commission shall, upon the written request of the person charged, make a finding as to whether or not the charge was frivolous. The person charged may initiate an action in the circuit court for recovery of fees and costs incurred in commission proceedings within one year after the commission renders a decision that the charge was frivolous. The commission's decision shall be binding upon the court for purposes of a finding pursuant to section 607-14.5.

(f) The commission shall cause to be published yearly summaries of decisions, advisory opinions, and informal advisory opinions. The commission shall make sufficient deletions in the summaries to prevent disclosing the identity of persons involved in the decisions or opinions where the identity of such persons is not otherwise a matter of public record under this chapter.

(g) Notwithstanding the above procedures, for any violation of this chapter with a proposed administrative penalty of less than $1,000, the state ethics commission may issue a notice and order of administrative fine describing the violation and assessing an administrative fine. The order shall become final on the twentieth day after it is served upon the alleged violator, unless the alleged violator submits a written request for a hearing before the state ethics commission on or before the twentieth day. After conducting a hearing pursuant to chapter 91, the state ethics commission may affirm, modify, or rescind the order as appropriate. The state ethics commission may file with the circuit court of the first circuit any order the commission has issued pursuant to this section for the purpose of confirming the order as a final judgment that shall have the same force and effect and shall be enforceable and collectable as other judgments issued by the circuit courts; provided that there shall be no appeal from the judgment. [L 1975, c 160, pt of §1; am L 1979, c 91, §13; am L 1980, c 129, §1(g); am L 1982, c 105, §5; am L 1995, c 220, §7; am L 1997, c 264, §1; am L 1998, c 17, §1; am L 2001, c 146, §1; am L 2019, c 109, §2; am L 2024, c 188, §3; am L 2025, c 13, §5]
Haw. Rev. Stat. § 92F-26 — HI Code / Division 1 / Title 8 / Chapter 92F / Section 92F-26
Rules.
Status: in_force

The office of information practices shall adopt rules, pursuant to chapter 91, establishing procedures necessary to implement or administer this part, which the agencies shall follow, in order to ensure uniformity among state and county agencies.
Haw. Rev. Stat. § 92-12 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-12
Enforcement.
Status: in_force

(a) The attorney general and the prosecuting attorney shall enforce this part.

(b) The circuit courts of the State shall have jurisdiction to enforce the provisions of this part by injunction or other appropriate remedy.

(c) Any person may commence a suit against a board or alleged board in the circuit court of the circuit in which a prohibited act occurs for the purpose of:

(1) Requiring compliance with or preventing violations of this part;

(2) Determining the applicability of this part to discussions or decisions of the public body; or

(3) Challenging an opinion or ruling of the office of information practices concerning a complaint by that person.

The person may bring the action within two years of a prohibited act; provided that a decision to appeal to the office of information practices for review shall not prejudice the person's right to appeal to the circuit court after a decision is made by the office of information practices. If the person prevails, the court may order payment of reasonable attorney's fees and costs by the board in a suit brought under this section.

(d) In an action under this section, the circuit court shall hear the matter de novo. Opinions and rulings of the office of information practices shall be admissible in an action brought under this part and shall be considered as precedent unless found to be palpably erroneous; provided that in an action under this section challenging an opinion or ruling of the office of information practices concerning a complaint by the plaintiff, the circuit court shall hear the challenged adverse determination de novo. Except as provided in section 92F-43, a board or alleged board shall not challenge an opinion or ruling of the office of information practices about the board or alleged board.

(e) When filing a suit that is under, related to, or affected by this part, a person shall notify the office of information practices in writing at the time of the filing. The office of information practices may intervene in the action.

(f) Except as to cases the circuit court considers of greater importance, proceedings before the court, as authorized by this section, and appeals therefrom, shall take precedence on the docket over all cases and shall be assigned for hearing and trial or for argument at the earliest practicable date and expedited in every way when the suit seeks to void any final action pursuant to section 92-11.

(g) The proceedings for review shall not stay the enforcement of any agency decisions; provided that the reviewing court may order a stay if the following criteria have been met:

(1) There is likelihood that the party bringing the action will prevail on the merits;

(2) Irreparable damage will result if a stay is not ordered;

(3) No irreparable damage to the public will result from the stay order; and

(4) Public interest will be served by the stay order. [L 1975, c 166, pt of §1; am L 1985, c 278, §5; am L 2012, c 176, §3; am L 2024, c 160, §2]
Haw. Rev. Stat. § 91-5 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-5
Publication of rules.
Status: in_force

(a) Each agency shall compile, index, and publish, in the manner prescribed by the format established by the revisor of statutes under section 91-4.2(1), all rules adopted by the agency and remaining in effect. Compilations shall be supplemented as often as necessary and shall be revised at least once every ten years.

(b) Compilations and supplements shall be made available free of charge upon request by the state officers in the case of a state agency and by the county officers in the case of a county agency. As to other persons, each agency may fix a price to cover mailing and publication costs as specified in section 91-2.5. Each state agency adopting, amending, or repealing a rule shall file a copy with the revisor of statutes. [L 1961, c 103, §5; Supp, §6C-5; HRS §91-5; am L 1979, c 216, §5; am L 1994, c 279, §6; am L 1999, c 301, §2(4)]
Haw. Rev. Stat. § 91-18 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-18
Short title.
Status: in_force

This chapter may be cited as the Hawaii Administrative Procedure Act.
Haw. Rev. Stat. § 98-3 — HI Code / Division 1 / Title 8 / Chapter 98 / Section 98-3
Applicability.
Status: in_force

This chapter applies to all legal material in an electronic record that is designated as official under section 98-4 and first published electronically on or after [July 1, 2013].
Haw. Rev. Stat. § 97-5 — HI Code / Division 1 / Title 8 / Chapter 97 / Section 97-5
Restricted activities.
Status: in_force

(a) No lobbyist shall accept or agree to accept any payment in any way contingent upon the defeat, enactment, or outcome of any proposed legislative or administrative action. During any regular session or special session of the legislature, including any extension of any regular session or special session and any legislative recess days, holidays, and weekends, and for five calendar days before and after a session, no lobbyist shall make, or promise to make at a later time, any contributions or expenditures to or on behalf of an elected official, candidate, candidate committee, or any other individual required to file an organizational report pursuant to section 11-321.

(b) A state lobbyist alleged to have made a prohibited contribution to an elected official, candidate, candidate committee, or any other individual required to file an organizational report pursuant to section 11-321 in violation of this section shall be administratively referred by the executive director of the campaign spending commission to the state ethics commission.

(c) Any contribution prohibited by this section shall escheat, as directed by the campaign spending commission, to the Hawaii election campaign fund.

(d) For the purposes of this section:

"Elected official" has the same meaning as in section 11-342.

"Session" has the same meaning as in section 11-365. [L 1975, c 160, pt of §1; am L 2023, c 128, §3; am L 2025, c 64, §3]
Haw. Rev. Stat. § 92-6 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-6
Judicial branch, quasi-judicial boards and investigatory functions; applicability.
Status: in_force

(a) This part shall not apply:

(1) To the judicial branch.

(2) To adjudicatory functions exercised by a board and governed by sections 91-8 and 91-9, or authorized by other sections of the Hawaii Revised Statutes. In the application of this subsection, boards exercising adjudicatory functions include, but are not limited to, the following:

(A) Hawaii labor relations board, chapters 89 and 377;

(B) Labor and industrial relations appeals board, chapter 371;

(C) Hawaii paroling authority, chapter 353;

(D) Civil service commission, chapter 26;

(E) Board of trustees, employees' retirement system of the State of Hawaii, chapter 88;

(F) Crime victim compensation commission, chapter 351; and

(G) State ethics commission, chapter 84.

(b) Notwithstanding provisions in this section to the contrary, this part shall apply to require open deliberation of the adjudicatory functions of the land use commission. [L 1975, c 166, pt of §1; am L 1976, c 92, §8; am L 1985, c 251, §11; am L 1998, c 240, §6]
Haw. Rev. Stat. § 94-1.2 — HI Code / Division 1 / Title 8 / Chapter 94 / Section 94-1.2
The state archivist.
Status: in_force

The department of accounting and general services shall fulfill its responsibilities for the public archives through the state archivist. The state archivist shall:

(1) Administer the state archives, records management, and digital archives programs and facilities;

(2) Advise and assist state agencies in the preparation of retention and disposition schedules for government records; and provide records management training and technical assistance services to agencies;

(3) Issue guidelines and standards, including those applicable to computer hardware and software, for the preservation of government records maintained by state recordkeeping systems, including digital imaging processes for scanning of records and technology for creating and storing electronic records;

(4) Adopt rules as may be necessary to effectuate the responsibilities established under paragraph (1), and for the acquisition, maintenance, access, and preservation of government records, as well as the use of records or other materials, in the custody of the state archives; and

(5) Request and obtain an electronic copy of any government record of enduring value currently in digital format for the digital archives to ensure the long-term preservation of the record. [L 2013, c 88, pt of §1]
Haw. Rev. Stat. § 92F-2 — HI Code / Division 1 / Title 8 / Chapter 92F / Section 92F-2
Purposes; rules of construction.
Status: in_force

In a democracy, the people are vested with the ultimate decision-making power. Government agencies exist to aid the people in the formation and conduct of public policy. Opening up the government processes to public scrutiny and participation is the only viable and reasonable method of protecting the public's interest. Therefore the legislature declares that it is the policy of this State that the formation and conduct of public policy--the discussions, deliberations, decisions, and action of government agencies--shall be conducted as openly as possible.

The policy of conducting government business as openly as possible must be tempered by a recognition of the right of the people to privacy, as embodied in section 6 and section 7 of article I of the constitution of the state of Hawaii.

This chapter shall be applied and construed to promote its underlying purposes and policies, which are to:

(1) Promote the public interest in disclosure;

(2) Provide for accurate, relevant, timely, and complete government records;

(3) Enhance governmental accountability through a general policy of access to government records;

(4) Make government accountable to individuals in the collection, use, and dissemination of information relating to them; and

(5) Balance the individual privacy interest and the public access interest, allowing access unless it would constitute a clearly unwarranted invasion of personal privacy. [L 1988, c 262, pt of §1]
Haw. Rev. Stat. § 91-15 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-15
Appeals.
Status: in_force

Review of any final judgment of the circuit court or, if applicable, the environmental court, under this chapter shall be governed by chapter 602.
Haw. Rev. Stat. § 92F-14 — HI Code / Division 1 / Title 8 / Chapter 92F / Section 92F-14
Significant privacy interest; examples.
Status: in_force

(a) Disclosure of a government record shall not constitute a clearly unwarranted invasion of personal privacy if the public interest in disclosure outweighs the privacy interest of the individual.

(b) The following are examples of information in which the individual has a significant privacy interest:

(1) Information relating to medical, psychiatric, or psychological history, diagnosis, condition, treatment, or evaluation, other than directory information while an individual is present at such facility;

(2) Information identifiable as part of an investigation into a possible violation of criminal law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation;

(3) Information relating to eligibility for social services or welfare benefits or to the determination of benefit levels;

(4) Information in an agency's personnel file, or applications, nominations, recommendations, or proposals for public employment or appointment to a governmental position, except:

(A) Information disclosed under section 92F‑12(a)(14); and

(B) The following information related to employment misconduct that results in an employee's suspension or discharge:

(i) The name of the employee;

(ii) The nature of the employment related misconduct;

(iii) The agency's summary of the allegations of misconduct;

(iv) Findings of fact and conclusions of law; and

(v) The disciplinary action taken by the agency;

when the following has occurred: the highest nonjudicial grievance adjustment procedure timely invoked by the employee or the employee's representative has concluded; a written decision sustaining the suspension or discharge has been issued after this procedure; and thirty calendar days have elapsed following the issuance of the decision or, for decisions involving county police department officers, ninety days have elapsed following the issuance of the decision;

(5) Information relating to an individual's nongovernmental employment history except as necessary to demonstrate compliance with requirements for a particular government position;

(6) Information describing an individual's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness;

(7) Information compiled as part of an inquiry into an individual's fitness to be granted or to retain a license, except:

(A) The record of any proceeding resulting in the discipline of a licensee and the grounds for discipline;

(B) Information on the current place of employment and required insurance coverages of licensees; and

(C) The record of complaints including all dispositions;

(8) Information comprising a personal recommendation or evaluation;

(9) Social security numbers; and

(10) Information that if disclosed would create a substantial and demonstrable risk of physical harm to an individual. [L 1988, c 262, pt of §1; am L 1993, c 191, §1; am L 1995, c 242, §1; am L 2004, c 92, §4; am L 2014, c 121, §2; am L 2015, c 140, §1; am L 2020, c 47, §3]
Haw. Rev. Stat. § 92-17 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-17
Consumer complaints; procedures and remedies.
Status: in_force

(a) All boards as defined by section 92-2(1) established to license or regulate any profession, occupation, industry, or service, shall receive complaints from consumers and other persons claiming to be aggrieved by business practices related to their respective jurisdictions.

(b) Upon receipt of a written complaint or upon receipt of an investigation report generated by the board on its own motion or upon staff investigation which establishes an alleged violation of any provision of law or rule, the board or its authorized representative shall notify the licensee or person regulated of the charge against the licensee or person and conduct a hearing in conformity with chapter 91 if the matter cannot be settled informally. If the board finds that the charge constitutes a violation, the board may order one or more of the following remedies as appropriate relief:

(1) Refunding the money paid as fees for services;

(2) Correcting the work done in providing services;

(3) Revocation of the licensee's permit or license;

(4) Suspension of the licensee's permit or license;

(5) Imposition of a fine; and

(6) Any other reasonable means to secure relief as determined by the board.

The board may also assess the licensee, as a penalty, any cost incurred in publishing the notice of hearing when service by registered or certified mail to the address listed on the licensee's record is unsuccessful.

(c) Notwithstanding any provision to the contrary:

(1) No license or permit shall be suspended by the board for a period exceeding five years.

(2) A person whose license or permit has been revoked by the board may not reapply for a license until the expiration of at least five years from the effective date of the revocation of the license or permit.

(3) A suspended license or permit shall be reinstated at the end of the suspension; provided that the suspension does not carry forward to the next license period, and the person satisfies all licensing requirements and conditions contained in the order of the suspension. If a suspension carries forward to the next license period, the board shall not renew the suspended license or permit during the usual renewal period. At the end of the suspension period, a person whose license or permit was suspended may be reinstated upon filing a reinstatement form provided by the board and payment of the renewal fees, satisfaction of any other renewal requirements, and fulfillment of conditions, if any, contained in the order of suspension. If the person fails to file for reinstatement within thirty days after the end of the suspension, the person's license or permit shall be forfeited.

(d) The failure or refusal of the licensee to comply with any board order, including an order of license suspension, shall also constitute grounds for further disciplinary action, including a suspension or revocation of license, imposition of which shall be subject to chapter 91 and the procedural rules of the board. The board may also apply to any circuit court for injunctive relief to compel compliance with the board's order. Where appropriate, the board shall refer for prosecution to the proper authority any practice constituting a violation which is subject to criminal penalty.

(e) If the subject matter of the complaint does not come within its jurisdiction, or if it is found that the charge does not constitute a violation, the board shall notify and inform the complainant in writing with regard to the reasons for its inability to act upon the complaint.

(f) The complainant and the licensee or person regulated may agree to resolve the complaint through final and binding arbitration pursuant to chapter 658A. In the event of an agreement to arbitrate, the board may enter an order dismissing any proceeding instituted pursuant to subsection (b); provided that the order of dismissal may be conditioned upon prompt and complete compliance with the arbitrator's award. In the event that the licensee or person regulated fails to comply with the terms of the arbitrator's award, the board may reopen the proceeding and may, after a hearing in conformity with chapter 91, order one or more of the remedies set forth in subsection (b).

Notwithstanding any provision of chapter 658A to the contrary, an arbitration agreement entered into pursuant to this section shall be approved by the board, and the parties shall agree on an arbitrator within five days after execution of the agreement. If the parties fail to agree on an arbitrator within the time above prescribed, the board may appoint an arbitrator from a list of arbitrators maintained for that purpose by the department of commerce and consumer affairs.

(g) A fine levied in a final order of a board or commission pursuant to subsection (b) shall be confirmed as a judgment by a circuit court in which the respondent resides or has property or in which the act complained of had occurred, by filing the board or commission's final order any time after thirty days after the issuance of that final order. The judgment issued thereon shall have the same force and effect and be enforceable and collectible as any other judgment issued in the circuit court. Nothing herein shall impair the right of the board or commission to apply to the circuit court for injunctive relief pursuant to subsection (d). [L 1974, c 117, §2; HRS §92-13; ren §92-17; am L 1977, c 94, §1; am L 1978, c 158, §1; am L 1982, c 174, §1 and c 204, §8; am L 1983, c 181, §1; am L 1984, c 45, §3; am L 1985, c 45, §1; gen ch 1985; am L 1986, c 274, §2; am L 1993, c 109, §1; am L 2001, c 265, §4]
Haw. Rev. Stat. § 91-9.5 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-9.5
Notification of hearing; service.
Status: in_force

(a) Unless otherwise provided by law, all parties shall be given written notice of hearing by registered or certified mail with return receipt requested at least fifteen days before the hearing.

(b) Unless otherwise provided by law, if service by registered or certified mail is not made because of the refusal to accept service or the board or its agents have been unable to ascertain the address of the party after reasonable and diligent inquiry, the notice of hearing may be given to the party by publication at least once in each of two successive weeks in a newspaper of general circulation. The last published notice shall appear at least fifteen days prior to the date of the hearing. [L 1976, c 100, §1]
Haw. Rev. Stat. § 96-12 — HI Code / Division 1 / Title 8 / Chapter 96 / Section 96-12
Procedure after investigation.
Status: in_force

If, after investigation, the ombudsman finds that:

(1) A matter should be further considered by the agency;

(2) An administrative act should be modified or canceled;

(3) A statute or regulation on which an administrative act is based should be altered;

(4) Reasons should be given for an administrative act; or

(5) Any other action should be taken by the agency;

the ombudsman shall report the ombudsman's opinion and recommendations to the agency. The ombudsman may request the agency to notify the ombudsman, within a specified time, of any action taken on the ombudsman's recommendations. [L 1967, c 306, §13; HRS §96-12; gen ch 1985]
Haw. Rev. Stat. § 93-2 — HI Code / Division 1 / Title 8 / Chapter 93 / Section 93-2
Definitions.
Status: in_force

"Publication" means informational matter produced for public distribution or access in any tangible medium, originating or produced with the imprint of, by the authority of, or at the total or partial expense of any agency of the State or a county government. "Publication" does not include manuals, calendars, schedules, correspondence, or forms intended strictly for in-house use of governmental agencies, scholarly publications of the University of Hawaii press, and materials developed by the department of education specifically for instructional use with students.

"State and county agency" includes every state, city and county and county office, officer, department, board, commission, and agency, whether in the legislative, executive, or judicial branch. [L 1965, c 175, pt of §2(b); Supp, §13-21; HRS §93-2; am L 2012, c 63, §3]
Haw. Rev. Stat. § 92-9 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-9
Minutes.
Status: in_force

(a) The board shall keep written or recorded minutes of all meetings. Unless otherwise required by law, neither a full transcript nor a recording of the meeting is required, but the minutes shall give a true reflection of the matters discussed at the meeting and the views of the participants. Before the removal of a recording that was maintained on a board's website pursuant to section 92-3.7(b)(6), the board shall provide the state archives with a copy of the recording. Written minutes shall include at minimum:

(1) The date, time, and place of the meeting;

(2) The members of the board recorded as either present or absent;

(3) The substance of all matters proposed, discussed, or decided; and a record, by individual member, of any votes taken;

(4) If an electronic audio or video recording of the meeting is available online, a link to the electronic audio or video recording of the meeting, to be placed at the beginning of the minutes; and

(5) Any other information that any member of the board requests be included or reflected in the minutes.

(b) The minutes shall be made available to the public by posting on the board's website or, if the board does not have a website, on an appropriate state or county website within forty days after the meeting except where such disclosure would be inconsistent with section 92-5; provided that minutes of executive meetings may be withheld so long as their publication would defeat the lawful purpose of the executive meeting, but no longer. A written summary shall accompany any minutes that are posted in a digital or analog recording format and shall include:

(1) The date, time, and place of the meeting;

(2) The members of the board recorded as either present or absent, and the times when individual members entered or left the meeting;

(3) A record, by individual member, of motions and votes made by the board; and

(4) A time stamp or other reference indicating when in the recording the board began discussion of each agenda item and when motions and votes were made by the board.

(c) All or any part of a meeting of a board may be recorded by any person in attendance by any means of reproduction, except when a meeting is closed pursuant to section 92-4; provided the recording does not actively interfere with the conduct of the meeting. [L 1975, c 166, pt of §1; am L 2017, c 64, §4; am L 2023, c 125, §2]
Haw. Rev. Stat. § 96-15 — HI Code / Division 1 / Title 8 / Chapter 96 / Section 96-15
Misconduct by agency personnel.
Status: in_force

If the ombudsman has a reasonable basis to believe that there may be a breach of duty or misconduct by any officer or employee of an agency, the ombudsman may refer the matter to the appropriate authorities without notice to that person.
Haw. Rev. Stat. § 92F-17 — HI Code / Division 1 / Title 8 / Chapter 92F / Section 92F-17
Criminal penalties.
Status: in_force

(a) An officer or employee of an agency who intentionally discloses or provides a copy of a government record, or any confidential information explicitly described by specific confidentiality statutes, to any person or agency with actual knowledge that disclosure is prohibited, shall be guilty of a misdemeanor, unless a greater penalty is otherwise provided for by law.

(b) A person who intentionally gains access to or obtains a copy of a government record by false pretense, bribery, or theft, with actual knowledge that access is prohibited, or who intentionally obtains any confidential information by false pretense, bribery, or theft, with actual knowledge that it is prohibited [by] a confidentiality statute, shall be guilty of a misdemeanor. [L 1988, c 262, pt of §1]
Haw. Rev. Stat. § 92F-15 — HI Code / Division 1 / Title 8 / Chapter 92F / Section 92F-15
Judicial enforcement.
Status: in_force

(a) A person aggrieved by a denial of access to a government record may bring an action against the agency at any time within two years after the agency denial to compel disclosure.

(b) In an action to compel disclosure, the circuit court shall hear the matter de novo; provided that if the action to compel disclosure is brought because an agency has not made a record available as required by section 92F-15.5(b) after the office of information practices has made a decision to disclose the record and the agency has not appealed that decision within the time period provided by 92F-43, the decision of the office of information practices shall not be subject to challenge by the agency in the action to compel disclosure. Opinions and rulings of the office of information practices shall be admissible and shall be considered as precedent unless found to be palpably erroneous, except that in an action to compel disclosure brought by an aggrieved person after the office of information practices upheld the agency's denial of access to the person as provided in section 92F-15.5(b), the opinion or ruling upholding the agency's denial of access shall be reviewed de novo. The circuit court may examine the government record at issue, in camera, to assist in determining whether it, or any part of it, may be withheld.

(c) The agency has the burden of proof to establish justification for nondisclosure.

(d) If the complainant prevails in an action brought under this section, the court shall assess against the agency reasonable attorney's fees and all other expenses reasonably incurred in the litigation.

(e) The circuit court in the judicial circuit in which the request for the record is made, where the requested record is maintained, or where the agency's headquarters are located shall have jurisdiction over an action brought under this section.

(f) Except as to cases the circuit court considers of greater importance, proceedings before the court, as authorized by this section, and appeals therefrom, take precedence on the docket over all cases and shall be assigned for hearing and trial or for argument at the earliest practicable date and expedited in every way. [L 1988, c 262, pt of §1; am L 1989, c 192, §3; am L 2012, c 176, §4]
Haw. Rev. Stat. § 97-5.5 — HI Code / Division 1 / Title 8 / Chapter 97 / Section 97-5.5
[ §97-5.
Status: in_force

[ §97-5.5] Unlawful gifts by lobbyists. (a) It shall be unlawful for a lobbyist or any person or entity required to file a statement of expenditures under section 97-3 to make a gift to a legislator or employee that is prohibited by section 84-11 or title 21, chapter 7 of the Hawaii administrative rules.

(b) For the purposes of this section, "employee" shall have the same meaning as defined in section 84-3. [L 2023, c 10, §2]
Haw. Rev. Stat. § 94-4 — HI Code / Division 1 / Title 8 / Chapter 94 / Section 94-4
Certificate to same.
Status: in_force

The comptroller of the State and the state archivist or other officer performing the duties of state archivist or custodian of the state archives are severally authorized and empowered to certify, as true and correct, copies or reproductions of any of the documents, papers, writings, or other government records, or excerpts therefrom in their custody. Fees for copying, certification, and other services shall be prescribed by the comptroller in direct relation to the cost of the services.

The above fees shall not be charged where the work involved is required by any department or branch of the federal, state, or county governments. [L 1909, c 8, §2; RL 1925, §2603; am L 1932 2d, c 21, §1; RL 1935, §3842; RL 1945, §9890; am L 1945, c 109, §1; am L 1953, c 159, §1; RL 1955, §224-11; am L 1957, c 83, §1; am L Sp 1959 2d, c 1, §12; HRS §94-4; am L 2013, c 88, §4]
Haw. Rev. Stat. § 98-1 — HI Code / Division 1 / Title 8 / Chapter 98 / Section 98-1
Short title.
Status: in_force

This chapter may be cited as the Uniform Electronic Legal Material Act.
Haw. Rev. Stat. § 96-2 — HI Code / Division 1 / Title 8 / Chapter 96 / Section 96-2
Ombudsman; office established, appointment, tenure, removal, qualifications, salary, vacancy.
Status: in_force

The office of ombudsman is established. The legislature, by a majority vote of each house in joint session, shall appoint an ombudsman who shall serve for a period of six years and thereafter until a successor shall have been appointed. An ombudsman may be reappointed but may not serve for more than three terms. The legislature, by two-thirds vote of the members in joint session, may remove or suspend the ombudsman from office, but only for neglect of duty, misconduct, or disability.

No person may serve as ombudsman within two years of the last day on which the person served as a member of the legislature, or while the person is a candidate for or holds any other state office, or while the person is engaged in any other occupation for reward or profit. Effective July 1, 2005, the salary of the ombudsman shall be the same as the salary of the director of health. The salary of the ombudsman shall not be diminished during the ombudsman's term of office, unless by general law applying to all salaried officers of the State.

If the ombudsman dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the first assistant to the ombudsman becomes the acting ombudsman until a new ombudsman is appointed for a full term. [L 1967, c 306, §3; HRS §96-2; am L 1969, c 127, §6; am L 1974, c 46, §2; am L 1975, c 58, §33; am L 1982, c 129, §32(1); gen ch 1985; am L 1986, c 128, §30(1); am L 1989, c 329, §20(1); am L 2005, c 225, §6]
Haw. Rev. Stat. § 92-28 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-28
State service fees; increase or decrease of.
Status: in_force

Any law to the contrary notwithstanding, the fees or other nontax revenues assessed or charged by any board, commission, or other governmental agency may be increased or decreased by the body in an amount not to exceed fifty per cent of the statutorily assessed fee or nontax revenue, to maintain a reasonable relation between the revenues derived from such fee or nontax revenue and the cost or value of services rendered, comparability among fees imposed by the State, or any other purpose which it may deem necessary and reasonable; provided that:

(1) The authority to increase or decrease fees or nontax revenues shall be subject to the approval of the governor and extend only to the following: chapters 36, 92, 94, 142, 144, 145, 147, 150, 171, 188, 189, 231, 269, 271, 321, 338, 373, 412, 414, 414D, 415A, 417E, 419, 421, 421C, 421H, 421I, 425, 425E, 428, 431, 436E, 436H, 437, 437B, 440, 440E, 441, 442, 443B, 444, 447, 448, 448E, 448F, 448H, 451A, 451J, 452, 453, 453D, 455, 456, 457, 457A, 457B, 457G, 458, 459, 460J, 461, 461J, 462A, 463, 463E, 464, 465, 465D, 466, 466D, 466K, 467, 467E, 468E, 468L, 468M, 469, 471, 472, 482, 482E, 484, 485A, 501, 502, 505, 514B, 514E, 572, 574, and 846 (part II) and any board, commission, program, or entity created pursuant to title 25 and assigned to the department of commerce and consumer affairs or placed within the department for administrative purposes;

(2) The authority to increase or decrease fees or nontax revenues under the chapters listed in paragraph (1) that are established by the department of commerce and consumer affairs shall apply to fees or nontax revenues established by statute or rule;

(3) The authority to increase or decrease fees or nontax revenues established by the University of Hawaii under chapter 304A shall be subject to the approval of the board of regents; provided that the board's approval of any increase or decrease in tuition for regular credit courses shall be preceded by an open public meeting held during or before the semester preceding the semester to which the tuition applies;

(4) This section shall not apply to judicial fees as may be set by any chapter cited in this section;

(5) The authority to increase or decrease fees or nontax revenues pursuant to this section shall be exempt from the public notice and public hearing requirements of chapter 91; and

(6) Fees for copies of proposed and final rules and public notices of proposed rulemaking actions under chapter 91 shall not exceed 10 cents a page, as required by section 91-2.5. [L 1964, c 32, §2; Supp, §7-4.5; HRS §92-28; am L 1983, c 167, §2; am L 1985, c 270, §4; am L 1987, c 283, §15; am L 1988, c 141, §10; am L 1989, c 89, §2; am L 1993, c 350, §3; am L 1995, c 95, §1; am L 1996, c 251, §2; am L 1999, c 301, §3(3); am L 2002, c 40, §3; am L 2003, c 210, §2; am L 2004, c 116, §2; am L 2006, c 75, §6 and c 229, §4; am L 2007, c 155, §§1, 2; am L 2009, c 11, §26; am L 2017, c 147, §1 and c 181, §6; am L 2019, c 193, §3; am L 2022, c 73, §3]
Haw. Rev. Stat. § 9 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 9
2-7.
Status: in_force

§9 2-7.5 Board packet; filing; public inspection; notice. (a) At the time the board packet is distributed to the board members, but no later than three full business days before the meeting, the board shall also make the board packet available for public inspection in the board's office; provided that nothing in this section shall require creation of a board packet; provided further that nothing in this section shall prohibit the distribution of public testimony to board members before the meeting. At the time the board packet is made available for public inspection in the board's office, the board shall provide notice to persons who have requested notification of meetings pursuant to section 92-7(e) that includes a list of the documents that were compiled by the board and distributed to the board members before a meeting for use at that meeting and that the board packet is available for inspection in the board's office and shall provide reasonably prompt access to the board packet to any person upon request. The board shall not be required to mail board packets. As soon as practicable, the board shall accommodate requests for electronic access to the board packet and shall post the board packet on its website.

(b) For purposes of this section:

"Board packet" means documents that are compiled by the board and distributed to board members before a meeting for use at that meeting, to the extent the documents are public under chapter 92F; provided that this section shall not require disclosure of executive session minutes, license applications, or other records for which the board cannot reasonably complete its redaction of nonpublic information in the time available before the public inspection required by this section.

"Business day" has the same meaning as defined in section 11-1. [L 2017, c 64, §1; am L 2022, c 264, §6; am L 2024, c 11, §2; am L 2025, c 169, §2]
Haw. Rev. Stat. § 91-2.6 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-2.6
Proposed rulemaking actions and rules; posting on the lieutenant governor's internet website.
Status: in_force

(a) Beginning January 1, 2000, all state agencies, through the office of the lieutenant governor, shall make available on the website of the office of the lieutenant governor each proposed rulemaking action of the agency and the full text of the agency's proposed rules or changes to existing rules. The internet website shall provide instructions regarding how to download the information regarding proposed rulemaking actions and the full text of the agency's proposed rules.

(b) Each state agency, to the greatest extent feasible, shall:

(1) Ensure that all information pertaining to that agency that is contained on the lieutenant governor's website is current and accurate; and

(2) Advise individuals contacting the state agency of the availability of the proposed rulemaking actions and the full text of the agency's proposed rules on the lieutenant governor's website. [L 1999, c 301, pt of §2(1)]
Haw. Rev. Stat. § 96-18 — HI Code / Division 1 / Title 8 / Chapter 96 / Section 96-18
Agencies may not open letters to ombudsman.
Status: in_force

A letter to the ombudsman from a person held in custody by an agency shall be forwarded immediately, unopened, to the ombudsman.
Haw. Rev. Stat. § 92-8 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-8
Emergency meetings.
Status: in_force

(a) If a board finds that an imminent peril to the public health, safety, or welfare requires a meeting in less time than is provided for in section 92-7, the board may hold an emergency meeting; provided that:

(1) The board states in writing the reasons for its findings;

(2) Two-thirds of all members to which the board is entitled agree that the findings are correct and an emergency exists;

(3) An emergency agenda and the findings are electronically posted pursuant to section 92-7(b), filed with the office of the lieutenant governor or the appropriate county clerk's office, and posted in the board's office; provided further that the six calendar day requirement for filing and electronic posting shall not apply; and

(4) Persons requesting notification on a regular basis are contacted by postal or electronic mail or telephone as soon as practicable.

(b) If an unanticipated event requires a board to take action on a matter over which it has supervision, control, jurisdiction, or advisory power, within less time than is provided for in section 92-7 to notice and convene a meeting of the board, the board may hold an emergency meeting to deliberate and decide whether and how to act in response to the unanticipated event; provided that:

(1) The board states in writing the reasons for its finding that an unanticipated event has occurred and that an emergency meeting is necessary and the attorney general concurs that the conditions necessary for an emergency meeting under this subsection exist;

(2) Two-thirds of all members to which the board is entitled agree that the conditions necessary for an emergency meeting under this subsection exist;

(3) The finding that an unanticipated event has occurred and that an emergency meeting is necessary and the agenda for the emergency meeting under this subsection are electronically posted pursuant to section 92‑7(b), filed with the office of the lieutenant governor or the appropriate county clerk's office, and posted in the board's office; provided further that the six calendar day requirement for filing and electronic posting shall not apply;

(4) Persons requesting notification on a regular basis are contacted by postal or electronic mail or telephone as soon as practicable; and

(5) The board limits its action to only that action that must be taken on or before the date that a meeting would have been held, had the board noticed the meeting pursuant to section 92-7.

(c) For purposes of this part, an "unanticipated event" means:

(1) An event which members of the board did not have sufficient advance knowledge of or reasonably could not have known about from information published by the media or information generally available in the community;

(2) A deadline established by a legislative body, a court, or a federal, state, or county agency beyond the control of a board; or

(3) A consequence of an event for which reasonably informed and knowledgeable board members could not have taken all necessary action. [L 1975, c 166, pt of §1; am L 1996, c 267, §4; am L 2017, c 64, §3; am L 2019, c 244, §3]
Haw. Rev. Stat. § 92-3.1 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-3.1
Limited meetings.
Status: in_force

(a) If a board determines that it is necessary to meet at a location that is dangerous to health or safety, or if a board determines that it is necessary to conduct an on-site inspection of a location that is related to the board's business at which public attendance is not practicable, and the director of the office of information practices concurs, the board may hold a limited meeting at that location that shall not be open to the public; provided that at a regular meeting of the board prior to the limited meeting:

(1) The board determines, after sufficient public deliberation, that it is necessary to hold the limited meeting and specifies that the location is dangerous to health or safety or that the on-site inspection is necessary and public attendance is impracticable;

(2) Two-thirds of all members to which the board is entitled vote to adopt the determinations required by paragraph (1); and

(3) Notice of the limited meeting is provided in accordance with section 92-7.

(b) A county council may hold a limited meeting that is open to the public, as the guest of a board or community group holding its own meeting, and the council shall not be required to have a quorum of members in attendance or accept oral testimony; provided that:

(1) Notice of the limited meeting shall be provided in accordance with section 92-7, shall indicate the board or community group whose meeting the council is attending, and shall not be required to include an agenda;

(2) If the board or community group whose meeting the council is attending is subject to part I, chapter 92, then that board or community group shall comply with the notice, agenda, testimony, minutes, and other requirements of part I, chapter 92;

(3) No more than one limited meeting per month shall be held by a county council for any one board or community group;

(4) No limited meetings shall be held outside the State; and

(5) Limited meetings shall not be used to circumvent the purpose of part I, chapter 92.

(c) At all limited meetings, the board shall:

(1) Videotape the meeting, unless the requirement is waived by the director of the office of information practices, and comply with all requirements of section 92-9;

(2) Make the videotape available at the next regular meeting; and

(3) Make no decisions at the meeting.

(d) Each county council shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session on the effectiveness and application of limited meeting procedures provided in subsection (b), including any recommendations or proposed legislation. [L 1995, c 212, §1; am L 2008, c 20, §1; am L 2014, c 221, §§2, 4; am L 2016, c 56, §§1, 2]
Haw. Rev. Stat. § 92-3.5 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-3.5
In-person meeting at multiple sites by interactive conference technology; notice; quorum.
Status: in_force

(a) A board may hold an in-person meeting at multiple meeting sites connected by interactive conference technology; provided that the interactive conference technology used by the board allows audio or audiovisual interaction among all members of the board participating in the meeting and all members of the public attending the meeting, and the notice required by section 92-7 identifies all of the locations where participating board members will be physically present and indicates that members of the public may join board members at any of the identified locations. The board may provide additional locations open for public participation but where no participating board members will be physically present . The notice required by section 92-7 shall list any additional locations open for public participation but where no participating board members will be physically present and specify, in the event one of those additional locations loses its audio connection to the meeting, whether the meeting will continue without that location or will be automatically recessed to restore communication as provided in subsection (c).

(b) Any board member participating in a meeting by interactive conference technology under this section shall be considered present at the meeting for the purpose of determining compliance with the quorum and voting requirements of the board.

(c) A meeting held by interactive conference technology under this section shall be automatically recessed for up to thirty minutes to restore communication when audio communication cannot be maintained with all locations where the meeting by interactive conference technology is being held, even if a quorum of the board is physically present in one location. The meeting may reconvene when either audio or audiovisual communication is restored. Within fifteen minutes after audio-only communication is established, copies of nonconfidential visual aids that are required by or brought to the meeting by board members or as part of a scheduled presentation shall be made available either by posting on the Internet or by other means to all meeting participants , and those agenda items for which visual aids are not available for all participants at all meeting locations shall not be acted upon at the meeting. If it is not possible to reconvene the meeting as provided in this subsection within thirty minutes after an interruption to communication, and the board has not provided reasonable notice to the public as to how the meeting will be continued at an alternative date and time, then the meeting shall be automatically terminated.

(d) Notwithstanding the other provisions of this section to the contrary, a board member with a disability that limits or impairs the member's ability to physically attend the meeting may participate in a board meeting from a location not accessible to the public; provided that the member with a disability is connected to other members of the board and the public by both visual and audio means, and the member identifies where the member is located and who, if anyone, is present at that location with the member. [L 1994, c 121, §1; am L 2000, c 284, §2; am L 2006, c 152, §1; am L 2012, c 202, § 2 ; am L 2021, c 220, §4 ]
Haw. Rev. Stat. § 92-13 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-13
Penalties.
Status: in_force

Any person who wilfully violates any provisions of this part shall be guilty of a misdemeanor, and upon conviction, may be summarily removed from the board unless otherwise provided by law.
Haw. Rev. Stat. § 97-2.2 — HI Code / Division 1 / Title 8 / Chapter 97 / Section 97-2.2
[ §97-2.
Status: in_force

[ §97-2.2] Mandatory lobbyist training. (a) Before registering pursuant to section 97-2, each lobbyist shall complete the lobbyist training course administered by the state ethics commission.

(b) Registered lobbyists shall repeat the lobbyist training course required by this section at least once every two years.

(c) A lobbyist shall certify completion of the lobbyist training course at the time of registering or renewing registration and shall maintain all certificates or other documentation of completion for a period of six years from the date of registration or renewal.

(d) For good cause shown, the state ethics commission may grant a lobbyist an extension of time to complete the training course required by this section.

(e) The state ethics commission shall develop and conduct online and live training courses that explain state lobbying laws under this chapter and relevant ethics laws under chapter 84. Live training courses may be conducted in person or via videoconference, as necessary, to accommodate all persons who are required to complete the course. [L 2023, c 20, §2]
Haw. Rev. Stat. § 96-14 — HI Code / Division 1 / Title 8 / Chapter 96 / Section 96-14
Notice to the complainant.
Status: in_force

After a reasonable time has elapsed, the ombudsman shall notify the complainant of the actions taken by the ombudsman and by the agency.
Haw. Rev. Stat. § 96-6 — HI Code / Division 1 / Title 8 / Chapter 96 / Section 96-6
Investigation of complaints.
Status: in_force

(a) The ombudsman may investigate any complaint which the ombudsman determines to be an appropriate subject for investigation under section 96-8.

(b) The ombudsman may investigate on the ombudsman's own motion if the ombudsman reasonably believes that an appropriate subject for investigation under section 96-8 exists. [L 1967, c 306, §7; HRS §96-6; am L 1974, c 46, §4; gen ch 1985]
Haw. Rev. Stat. § 97-3 — HI Code / Division 1 / Title 8 / Chapter 97 / Section 97-3
Contributions and expenditures; statement.
Status: in_force

(a) The following persons shall file a statement of expenditures with the state ethics commission on March 31, May 31, and January 31 of each year and within thirty days after adjournment sine die of any special session of the legislature:

(1) Each lobbyist;

(2) Each person who makes expenditures of $1,000 or more of the person's or any other person's money in any reporting period described in this section for the purpose of lobbying; and

(3) Each person who employs or contracts for the services of one or more lobbyists, whether independently or jointly with other persons. If the person is an industry, trade, or professional association, only the association is the employer of the lobbyist.

(b) The March 31 report shall cover the period from January 1 through the last day of February. The May 31 report shall cover the period from March 1 through April 30. The January 31 report shall cover the period from May 1 through December 31 of the previous year. The report to be filed within thirty days after adjournment sine die of a special session of the legislature shall:

(1) Cover the period from May 1 through adjournment sine die of that special session;

(2) Be filed only by persons listed in subsection (a) who engage in lobbying activities, or who make expenditures for the purpose of attempting to influence legislative action considered during a special session; and

(3) Apply to and include only those expenditures and contributions that relate to legislative action considered during that special session;

provided that those expenditures and contributions included in the report need not be included by the person filing the report in any subsequent statement of expenditures.

(c) The statement shall contain the following information:

(1) The name and address of each person with respect to whom expenditures for the purpose of lobbying in the total sum of $25 or more per day was made by the person filing the statement during the statement period and the amount or value of the expenditure;

(2) The name and address of each person with respect to whom expenditures for the purpose of lobbying in the aggregate of $150 or more was made by the person filing the statement during the statement period and the amount or value of the expenditures;

(3) The total sum or value of all expenditures for the purpose of lobbying made by the person filing the statement during the statement period; provided that the sum or value of each expenditure is itemized in the following categories, as applicable:

(A) Preparation and distribution of lobbying materials;

(B) Media advertising;

(C) Compensation paid to lobbyists;

(D) Fees paid to consultants for services;

(E) Entertainment and events;

(F) Receptions, meals, food, and beverages;

(G) Gifts;

(H) Loans;

(I) Interstate transportation, including incidental meals and lodging; and

(J) Other disbursements;

(4) The name and address of each person making contributions to the person filing the statement for the purpose of lobbying in the total sum of $25 or more during the statement period and the amount or value of the contributions; and

(5) The identity, by bill number, resolution number, and, if applicable, budget cost or program identification number, or other similar identifier, of the legislative or administrative action that was commented on, supported by, or opposed by the person filing the statement during the statement period.

(d) The receipt or expenditure of any money for the purpose of influencing the election or defeat of any candidate for an elective office or for the passage or defeat of any proposed measure at any special or general election is excluded from the reporting requirement of this section. [L 1975, c 160, pt of §1; am L 1979, c 91, §11; am L 1980, c 129, §1(d); am L 1982, c 105, §4; gen ch 1985; am L 1991, c 238, §1; am L 1995, c 220, §6; am L 2014, c 144, §1 and c 224, §1; am L 2017, c 51, §5; am L 2023, c 8, §1]
Haw. Rev. Stat. § 91-2.5 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-2.5
Fees for proposed and final rules.
Status: repealed

(a) Notwithstanding any law to the contrary, each agency may charge up to a maximum fee of ten cents per page, plus the actual costs of mailing, for the reproduction of paper copies of the following:

(1) Proposed and final rules, whether new rules, amended rules, or repealed rules, in any format; and

(2) Notices of proposed rulemaking actions pursuant to section 91-3(a)(1).

This section shall not apply to the reproduction by the office of the lieutenant governor of other agencies' rules, kept in the general collection of the office of the lieutenant governor. Charges for the reproduction of paper copies of rules in the general collection of the office of the lieutenant governor shall be as stated in section 92-21.

(b) Informational or educational publications that are produced by agencies for noncommercial use and which contain copies of state statutes, proposed or final rules, or both, shall be subject to the same fees as specified in subsection (a).

(c) The fees specified in subsection (a) shall not include any charges for searching, identifying, or segregating rules in preparation for reproduction. Agencies may charge separate fees for these activities in accordance with rules adopted by the office of information practices. [L 1999, c 301, pt of §2(1)]
Haw. Rev. Stat. § 98-2 — HI Code / Division 1 / Title 8 / Chapter 98 / Section 98-2
Definitions.
Status: in_force

As used in this chapter:

"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

"Legal material" means, whether or not in effect:

(1) The Constitution of the State of Hawaii;

(2) The Session Laws of Hawaii;

(3) The Hawaii Revised Statutes;

(4) A state agency rule that has or had the effect of law;

(5) Reported decisions of the following state courts: the supreme court of the State of Hawaii and the intermediate appellate court of the State of Hawaii; or

(6) State court rules.

"Official publisher" means:

(1) For the Constitution of the State of Hawaii, the revisor of statutes;

(2) For the Session Laws of Hawaii, the revisor of statutes;

(3) For the Hawaii Revised Statutes, the revisor of statutes;

(4) For any administrative agency rules, the office of the governor;

(5) For a state court decision included under paragraph (5) of the definition of "legal material", the supreme court; or

(6) For state court rules, the supreme court.

"Publish" means to display, present, or release to the public, or cause to be displayed, presented, or released to the public, by the official publisher.

"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. [L 2013, c 11, pt of §1]
Haw. Rev. Stat. § 91-2 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-2
Public information.
Status: in_force

(a) In addition to other rulemaking requirements imposed by law, each agency shall:

(1) Adopt as a rule a description of the methods whereby the public may obtain information or make submittals or requests.

(2) Adopt rules of practice, setting forth the nature and requirements of all formal and informal procedures available, and including a description of all forms and instructions used by the agency.

(3) Make available for public inspection all rules and written statements of policy or interpretation formulated, adopted, or used by the agency in the discharge of its functions.

(4) Make available for public inspection all final opinions and orders.

(b) No agency rule, order, or opinion shall be valid or effective against any person or party, nor may it be invoked by the agency for any purpose, until it has been published or made available for public inspection as herein required, except where a person has actual knowledge thereof.

(c) Nothing in this section shall affect the confidentiality of records as provided by statute. [L 1961, c 103, §2; Supp, §6C-2; HRS §91-2]
Haw. Rev. Stat. § 92F-27 — HI Code / Division 1 / Title 8 / Chapter 92F / Section 92F-27
Civil actions and remedies.
Status: in_force

(a) An individual may bring a civil action against an agency in a circuit court of the State whenever an agency fails to comply with any provision of this part, and after appropriate administrative remedies under sections 92F-23, 92F-24, and 92F-25 have been exhausted.

(b) Opinions and rulings of the office of information practices shall be admissible and shall be considered as precedent unless found to be palpably erroneous, except that the opinion or ruling upholding the agency's denial of access to the aggrieved person shall be reviewed de novo. The circuit court may examine the record at issue, in camera, to assist in determining whether it, or any part of it, may be withheld.

(c) In any action brought under this section the court may order the agency to correct or amend the complainant's personal record, to require any other agency action, or to enjoin such agency from improper actions as the court may deem necessary and appropriate to render substantial relief.

(d) In any action brought under this section in which the court determines that the agency knowingly or intentionally violated a provision of this part, the agency shall be liable to the complainant in an amount equal to the sum of:

(1) Actual damages sustained by the complainant as a result of the failure of the agency to properly maintain the personal record, but in no case shall an individual complainant entitled to recovery receive less than the sum of $1,000; and

(2) The costs of the action together with reasonable attorney's fees as determined by the court.

(e) The court may assess reasonable attorney's fees and other litigation costs reasonably incurred against the agency in any case in which the complainant has substantially prevailed, and against the complainant where the charges brought against the agency were frivolous.

(f) An action may be brought in the circuit court where the complainant resides, the complainant's principal place of business is situated, or the complainant's relevant personal record is situated. No action shall be brought later than two years after notification of the agency denial, or where applicable, the date of receipt of the final determination of the office of information practices. [L 1988, c 262, pt of §1; am L 1989, c 192, §8; am L 2012, c 176, §5]
Haw. Rev. Stat. § 91-12 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-12
Decisions and orders.
Status: in_force

Every decision and order adverse to a party to the proceeding, rendered by an agency in a contested case, shall be in writing or stated in the record and shall be accompanied by separate findings of fact and conclusions of law. If any party to the proceeding has filed proposed findings of fact, the agency shall incorporate in its decision a ruling upon each proposed finding so presented. The agency shall notify the parties to the proceeding by delivering or mailing a certified copy of the decision and order and accompanying findings and conclusions within a reasonable time to each party or to the party's attorney of record.
Haw. Rev. Stat. § 96-7 — HI Code / Division 1 / Title 8 / Chapter 96 / Section 96-7
Notice to complainant and agency.
Status: in_force

If the ombudsman decides not to investigate, he shall inform the complainant of that decision and shall state his reasons.

If the ombudsman decides to investigate, he shall notify the complainant of his decision and he shall also notify the agency of his intention to investigate. [L 1967, c 306, §8; HRS §96-7]
Haw. Rev. Stat. § 94-1 — HI Code / Division 1 / Title 8 / Chapter 94 / Section 94-1
Duties of department.
Status: in_force

The department of accounting and general services shall collect all public archives; preserve, arrange, describe, and inventory the same; provide for their safekeeping; and compile and furnish information concerning them. The department may adopt and use a seal and may adopt, amend, or revise from time to time such rules and regulations as it may consider expedient for the conduct of its business.
Haw. Rev. Stat. § 92F-43 — HI Code / Division 1 / Title 8 / Chapter 92F / Section 92F-43
[ §92F-43]Agency appeal of a decision by the office of information practices.
Status: in_force

[ §92F-43]Agency appeal of a decision by the office of information practices. (a) An agency may not appeal a decision by the office of information practices made under this chapter or part I of chapter 92, except as provided in this section. Within thirty days of the date of the decision, an agency may seek judicial review of a final decision rendered by the office of information practices under this chapter or part I of chapter 92, by filing a complaint to initiate a special proceeding in the circuit court of the judicial circuit in the State where:

(1) The request for access to a record was made;

(2) The act the office determined was prohibited under part I of chapter 92 occurred; or

(3) The agency's principal place of business is located.

(b) The agency shall give notice of the complaint to the office of information practices and the person who requested the decision for which the agency seeks judicial review by serving a copy of the complaint on each; provided that the office of information practices and the person who requested the decision shall not be required to participate in the proceeding; and provided further that the court shall proceed to review the decision pursuant to the rules applicable to a special proceeding, upon the expiration of time that an answer to the complaint would otherwise need to be filed under the rules of court by the office of information practices or the person upon whom the complaint was served. The office of information practices or the person who requested the decision may intervene in the proceeding.

(c) Within thirty days of service of the complaint, the office of information practices shall file a certified copy of the record that it compiled to make its decision in the circuit court and mail a copy of the index to that record to the appealing agency. The circuit court's review shall be limited to the record that was before the office of information practices when it rendered the decision, unless the circuit court finds that extraordinary circumstances justify discovery and admission of additional evidence. The circuit court shall uphold a decision of the office of information practices, unless the circuit court concludes that the decision was palpably erroneous. [L 2012, c 176, §1]
Haw. Rev. Stat. § 94-3 — HI Code / Division 1 / Title 8 / Chapter 94 / Section 94-3
Disposal of government records generally.
Status: in_force

(a) Each public officer, except public officers of the judiciary and the legislative branch of government, having the care and custody of any government records shall submit to the state comptroller a list of records for disposition authorization, which shall include the name of the office, department, or bureau, the description of the records for disposal, the inclusive dates of the records, and the retention period.

(b) The comptroller shall determine the disposition of the records and shall state whether the records should be:

(1) Retained by the office, department, or bureau;

(2) Transferred to the state archives, state records center, or other agency, and the time period at which the records shall be transferred as directed; or

(3) Destroyed at the expiration of their retention period.

(c) The comptroller shall have full power of disposal of all records submitted for this purpose. The disposition authorization of all records, including lists submitted by the public officers, and the action taken by the comptroller, shall be kept on proper forms, specified by the comptroller, one copy of which shall be filed in the office, department, or bureau where the records originated, one copy shall be filed in the office of the attorney general, and the original shall be filed in the state archives.

(d) If requested, the comptroller shall provide assistance to the legislative branch of government or any agency or entity therein in establishing policies relating to the disposal of government records.

(e) The comptroller's authority over governmental records under this section shall only apply to governmental records created after August 21, 1959. [L 1949, c 65, §1; RL 1955, §7-8; am L 1957, c 46, §§1, 2 and c 152, §1; am L Sp 1959 2d, c 1, §12; HRS §94-3; am L 1984, c 258, §2; am L 2005, c 177, §6; am L 2013, c 88, §3; am L 2022, c 178, §2]
Haw. Rev. Stat. § 92F-27.5 — HI Code / Division 1 / Title 8 / Chapter 92F / Section 92F-27.5
Alternative method to appeal a denial of access.
Status: in_force

(a) When an agency denies an individual access to that individual's personal record, the individual may appeal the denial to the office of information practices in accordance with rules adopted pursuant to section 92F-42(12). A decision to appeal to the office of information practices for review of the agency denial shall not prejudice the individual's right to appeal to the circuit court after a decision is made by the office of information practices.

(b) If the decision is to disclose, the office of information practices shall notify the individual and the agency, and the agency shall make the record available. If the denial of access is upheld, in whole or in part, the office of information practices shall, in writing, notify the individual of the decision, the reasons for the decision, and the right to bring a judicial action under section 92F-27. [L 1989, c 192, §2]
Haw. Rev. Stat. § 92F-4 — HI Code / Division 1 / Title 8 / Chapter 92F / Section 92F-4
Funding, services, and other federal assistance.
Status: in_force

Where compliance with any provision of this chapter would cause an agency to lose or be denied funding, services, or other assistance from the federal government, compliance with that provision shall be waived but only to the extent necessary to protect eligibility for federal funding, services, or other assistance.
Haw. Rev. Stat. § 96-13 — HI Code / Division 1 / Title 8 / Chapter 96 / Section 96-13
Publication of recommendations.
Status: in_force

After a reasonable time has elapsed, the ombudsman may present the ombudsman's opinion and recommendations to the governor, the legislature, the public, or any of these. The ombudsman shall include with this opinion any reply made by the agency.
Haw. Rev. Stat. § 98-6 — HI Code / Division 1 / Title 8 / Chapter 98 / Section 98-6
Effect of authentication.
Status: in_force

(a) Legal material in an electronic record that is authenticated under section 98-5 is presumed to be an accurate copy of the legal material.

(b) If another state has adopted a law substantially similar to this chapter, legal material in an electronic record that is designated as official and authenticated by the official publisher in that state is presumed to be an accurate copy of the legal material.

(c) A party contesting the authentication of legal material in an electronic record authenticated under section 98-5 has the burden of proving by a preponderance of the evidence that the record is not authentic. [L 2013, c 11, pt of §1]
Haw. Rev. Stat. § 92-24 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-24
Directors of finance and commerce and consumer affairs; fees.
Status: in_force

Except as provided in section 91-2.5, the director of finance and the director of commerce and consumer affairs each shall charge the following fees:

(1) For administering any oath, $1;

(2) For preparing every photostat copy of any document on record in the director's office, 50 cents per page or portion thereof;

(3) For preparing every typewritten copy of any document on record in the director's office, 50 cents per page or portion thereof;

(4) For preparing a certificate of compliance, $5 for the original certificate, and $1 for each additional copy thereof, of which $4 from each certificate and 75 cents of each additional copy shall be deposited in the compliance resolution fund established pursuant to section 26-9(o);

(5) For comparing any document submitted for certification, 15 cents per page or portion thereof;

(6) For certifying any document on record in the director's office, 25 cents for each certification;

(7) For all other acts and duties, the fees of which are not otherwise provided for, such charges as each may from time to time prescribe. [CC 1859, §690; RL 1925, §1253; RL 1935, §2212; RL 1945, §5813; am L 1949, c 172, §1; RL 1955, §132-14; am L Sp 1959 2d, c 1, §§14, 15; am L 1963, c 114, §§1, 3; HRS §92-24; am L 1983, c 153, §1; am L 1988, c 141, §9; gen ch 1993; am L 1999, c 129, §4 and c 301, §3(2)]
Haw. Rev. Stat. § 92-31 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-31
Disposition of original record.
Status: in_force

A photograph, microphotograph, reproduction on film, or electronic form of a government record shall be placed in conveniently accessible files and provisions made for preserving, examining, and using the same. Thereafter, a public officer, after having first received the written approval of the comptroller as provided in section 94-3, may cause such record, paper, or document to be destroyed. The comptroller may require, as a prerequisite to the granting of such approval, that a reproduction or print of such photograph, microphotograph, or reproduction on film, or electronic form of the record be delivered into the custody of the public archives for safekeeping. The comptroller may also require the delivery into the custody of another governmental department or agency or a research library of any such record, paper, or document proposed to be destroyed under the provisions of this section.
Haw. Rev. Stat. § 96-9 — HI Code / Division 1 / Title 8 / Chapter 96 / Section 96-9
Investigation procedures.
Status: in_force

(a) In an investigation, the ombudsman may make inquiries and obtain information as the ombudsman thinks fit, enter without notice to inspect the premises of an agency, and hold private hearings.

(b) The ombudsman is required to maintain secrecy in respect to all matters and the identities of the complainants or witnesses coming before the ombudsman except so far as disclosures may be necessary to enable the ombudsman to carry out the ombudsman's duties and to support the ombudsman's recommendations. [L 1967, c 306, §10; HRS §96-9; gen ch 1985]
Haw. Rev. Stat. § 91-9 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-9
Contested cases; notice; hearing; interactive conference technology; records.
Status: in_force

(a) Subject to section 91-8.5, in any contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.

(b) The notice shall include a statement of:

(1) The date, time, place, and nature of hearing;

(2) The legal authority under which the hearing is to be held;

(3) The particular sections of the statutes and rules involved;

(4) An explicit statement in plain language of the issues involved and the facts alleged by the agency in support thereof; provided that if the agency is unable to state the issues and facts in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved, and thereafter upon application a bill of particulars shall be furnished; and

(5) The fact that any party may retain counsel if the party so desires and the fact that an individual may appear on the individual's own behalf, or a member of a partnership may represent the partnership, or an officer or authorized employee of a corporation or trust or association may represent the corporation, trust, or association.

(c) The hearing may be held by interactive conference technology that allows interaction by the agency, any party, and counsel if retained by the party, and the notice identifies electronic contact information for each agency, party, and counsel if retained by the party. A contested case hearing held by interactive conference technology shall be recessed for up to one hour when audio communication cannot be maintained; provided that the hearing may reconvene when only audio communication is reestablished. If audio-only communication is reestablished, then each speaker shall state the speaker's name prior to making remarks.

(d) Opportunities shall be afforded all parties to present evidence and argument on all issues involved; provided that, if the hearing is held by interactive conference technology evidence may be submitted and exchanged by electronic means.

(e) Any procedure in a contested case may be modified or waived by stipulation of the parties and informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.

(f) For the purpose of agency decisions, the record shall include:

(1) All pleadings, motions, intermediate rulings;

(2) Evidence received or considered, including oral testimony, exhibits, and a statement of matters officially noticed;

(3) Offers of proof and rulings thereon;

(4) Proposed findings and exceptions;

(5) Report of the officer who presided at the hearing; and

(6) Staff memoranda submitted to members of the agency in connection with their consideration of the case.

(g) It shall not be necessary to transcribe the record unless requested for purposes of rehearing or court review.

(h) No matters outside the record shall be considered by the agency in making its decision except as provided herein.

(i) For the purposes of this subsection, "interactive conference technology" means any form of audio or audio and visual conference technology, including teleconference, videoconference, and voice over internet protocol, that facilitates interaction between the agency, any party, and counsel if retained by the party. [L 1961, c 103, §9; Supp, §6C-9; HRS §91-9; am L 1980, c 130, §1; gen ch 1985; am L 2003, c 76, §2; am L 2021, c 168, §2]
Haw. Rev. Stat. § 91-13.5 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-13.5
Maximum time period for business or development-related permits, licenses, or approvals; automatic approval; extensions.
Status: in_force

(a) Unless otherwise provided by law, an agency shall adopt rules that specify a maximum time period to grant or deny a business or development-related permit, license, or approval; provided that the application is not subject to state administered permit programs delegated, authorized, or approved under federal law.

(b) All such issuing agencies shall clearly articulate informational requirements for applications and review applications for completeness in a timely manner.

(c) All such issuing agencies shall take action to grant or deny any application for a business or development-related permit, license, or approval within the established maximum period of time, or the application shall be deemed approved; provided that a delay in granting or denying an application caused by the lack of quorum at a regular meeting of the issuing agency shall not result in approval under this subsection; provided further that any subsequent lack of quorum at a regular meeting of the issuing agency that delays the same matter shall not give cause for further extension, unless an extension is agreed to by all parties.

(d) Notwithstanding any other law to the contrary, any agency that reviews and comments upon an application for a business or development-related permit, license, or approval for a housing project developed under section 201H-38 shall respond within forty-five days of receipt of the application, or the application shall be deemed acceptable as submitted to the agency.

(e) The maximum period of time established pursuant to this section shall be extended in the event of a national disaster, state emergency, or union strike, which would prevent the applicant, the agency, or the department from fulfilling application or review requirements.

(f) This section shall not apply to:

(1) Any proceedings of the public utilities commission; or

(2) Any county or county agency that is exempted by county ordinance from this section.

(g) For purposes of this section, "application for a business or development-related permit, license, or approval" means any state or county application, petition, permit, license, certificate, or any other form of a request for approval required by law to be obtained prior to the formation, operation, or expansion of a commercial or industrial enterprise, or for any permit, license, certificate, or any form of approval required under sections 46-4, 46-4.2, 46-4.5, 46-5, and chapters 183C, 205, 205A, 340A, 340B, 340E, 340F, 342B, 342C, 342D, 342E, 342F, 342G, 342H, 342I, 342J, 342L, and 342P. [L 1998, c 164, §3; am L 2005, c 68, §1; am L 2006, c 217, §3 and c 280, §2; am L 2007, c 249, §43]
Haw. Rev. Stat. § 91-6 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-6
Petition for adoption, amendment or repeal of rules.
Status: in_force

Any interested person may petition an agency requesting the adoption, amendment, or repeal of any rule stating reasons therefor. Each agency shall adopt rules prescribing the form for the petitions and the procedure for their submission, consideration, and disposition. Upon submission of the petition, the agency shall within thirty days either deny the petition in writing, stating its reasons for the denial or initiate proceedings in accordance with section 91-3.
Haw. Rev. Stat. § 97-2.5 — HI Code / Division 1 / Title 8 / Chapter 97 / Section 97-2.5
Renewal of registration.
Status: in_force

Each registered lobbyist shall renew the lobbyist's registration biennially by filing a registration and authorization form with the state ethics commission within ten days of the opening of the 1983 regular session of the legislature and on every odd-numbered year's session thereafter.
Haw. Rev. Stat. § 97-9 — HI Code / Division 1 / Title 8 / Chapter 97 / Section 97-9
[ §97-9] Contracts voidable.
Status: in_force

[ §97-9] Contracts voidable. [Section effective January 1, 2027.] In addition to any other penalty provided by law, any contract or other action entered into by the State in violation of this chapter shall be voidable on behalf of the State; provided that in any action to void a contract pursuant to this section, the interests of third parties who may be damaged thereby shall be taken into account; provided further that the action to void the contract shall be initiated no later than sixty days after the determination of a violation under this chapter. The attorney general, in consultation with the head of the purchasing agency impacted, shall have the authority to enforce this section.
Haw. Rev. Stat. § 91-3 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-3
Procedure for adoption, amendment, or repeal of rules.
Status: repealed

(a) Except as otherwise provided in this section, prior to the adoption of any rule authorized by law, or the amendment or repeal thereof, the adopting agency shall:

(1) Give at least thirty days' notice for a public hearing. The notice shall include:

(A) A statement of the topic of the proposed rule adoption, amendment, or repeal or a general description of the subjects involved;

(B) A statement that a copy of the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed will be mailed to any interested person who requests a copy, pays the required fees for the copy and the postage, if any, together with a description of where and how the requests may be made;

(C) A statement of when, where, and during what times the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed may be reviewed in person; and

(D) The date, time, and place where the public hearing will be held and where interested persons may be heard on the proposed rule adoption, amendment, or repeal.

The notice shall be mailed to all persons who have made a timely written request of the agency for advance notice of its rulemaking proceedings, given at least once statewide for state agencies and in the county for county agencies. Proposed state agency rules shall also be posted on the Internet as provided in section 91-2.6; and

(2) Afford all interested persons opportunity to submit data, views, or arguments, orally or in writing. The agency shall fully consider all written and oral submissions respecting the proposed rule. The agency may make its decision at the public hearing or announce then the date when it intends to make its decision. Upon adoption, amendment, or repeal of a rule, the agency, if requested to do so by an interested person, shall issue a concise statement of the principal reasons for and against its determination.

(b) Notwithstanding the requirements of subsection (a), if an agency finds that an imminent peril to the public health, safety, or morals, to livestock and poultry health, or to natural resources requires adoption, amendment, or repeal of a rule upon less than thirty days' notice of hearing, and states in writing its reasons for such finding, it may proceed without prior notice or hearing or upon such abbreviated notice and hearing, including posting the abbreviated notice and hearing on the Internet as provided in section 91-2.6, as it finds practicable to adopt an emergency rule to be effective for a period of not longer than one hundred twenty days without renewal.

(c) In addition to emergency rules adopted pursuant to subsection (b), an agency may, in a similar manner, adopt emergency rules where new federal legislation or federal and state court decisions disrupt prior practice under any statute administered by the agency and adoption of an emergency rule is urgently needed to:

(1) Conform existing rules to new requirements;

(2) Implement newly-established rights;

(3) Clarify existing rules and prevent confusion among those covered by existing statutes;

(4) Stabilize a regulated industry or endeavor;

(5) Avoid disruption of governmental or industrial operations;

(6) Facilitate orderly agency or legislative study of the consequences of the new federal legislation or a federal or state court decision;

(7) Reinforce or preserve the unmodified goals of a statute administered by the agency; or

(8) Temporarily resolve any practical problems created by the new federal legislation or federal and state court decisions;

provided that an agency shall not adopt any emergency rule pursuant to this subsection without conducting a public hearing; provided further that an agency shall give no less than thirty days' notice of the hearing; provided further that any emergency rule adopted pursuant to this subsection shall be effective until no later than adjournment sine die of the next regular legislative session following adoption of the emergency rule.

(d) The adoption, amendment, or repeal of any rule by any state agency shall be subject to the approval of the governor. The adoption, amendment, or repeal of any rule by any county agency shall be subject to the approval of the mayor of the county. This subsection shall not apply to the adoption, amendment, and repeal of the rules of the county boards of water supply.

(e) The requirements of subsection (a) may be waived by the governor in the case of the State, or by the mayor in the case of a county, whenever a state or county agency is required by federal provisions to adopt rules as a condition to receiving federal funds and the agency is allowed no discretion in interpreting the federal provisions as to the rules required to be adopted; provided that the agency shall make the adoption, amendment, or repeal known to the public by:

(1) Giving public notice of the substance of the proposed rule at least once statewide prior to the waiver of the governor or the mayor; and

(2) Posting the full text of the proposed rulemaking action on the Internet as provided in section 91-2.6.

(f) No adoption, amendment, or repeal of any rule shall be invalidated solely because of:

(1) The inadvertent failure to mail an advance notice of rulemaking proceedings;

(2) The inadvertent failure to mail or the nonreceipt of requested copies of the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed; or

(3) The inadvertent failure on the part of a state agency to post on the website of the office of the lieutenant governor all proposed rulemaking actions of the agency and the full text of the agency's proposed rules as provided in section 91-2.6.

Any challenge to the validity of the adoption, amendment, or repeal of an administrative rule on the ground of noncompliance with statutory procedural requirements shall be forever barred unless the challenge is made in a proceeding or action, including an action pursuant to section 91-7, that is begun within three years after the effective date of the adoption, amendment, or repeal of the rule.

(g) Whenever an agency seeks only to repeal one or more sections, chapters, or subchapters of the agency's rules because the rules are either null and void or unnecessary, and not adopt, amend, or compile any other rules:

(1) The agency shall give thirty days' public notice at least once statewide of the proposed date of repeal and of:

(A) A list of the sections, chapters, or subchapters, as applicable, being repealed; and

(B) A statement of when, where, and during what times the sections, chapters, or subchapters proposed to be repealed may be reviewed in person;

(2) The agency shall post the full text of the proposed sections, chapters, or subchapters to be repealed on the Internet as provided in section 91-2.6; and

(3) Any interested person may petition the agency regarding the sections, chapters, or subchapters proposed to be repealed, pursuant to section 91-6.

This subsection does not apply to the repeal of one or more subsections, paragraphs, subparagraphs, clauses, words, phrases, or other material within a section that does not constitute the entire section to be repealed. [L 1961, c 103, §3; am L 1965, c 96, §139a; Supp, §6C-3; HRS §91-3; am L 1973, c 13, §1; am L 1979, c 64, §1; am L 1985, c 68, §2; am L 1989, c 64, §2; am L 1998, c 2, §§27, 28; am L 1999, c 301, §2(2); am L 2000, c 283, §6; am L 2012, c 149, §2; am L 2018, c 56, §2; am L 2025, c 21, §1]
Haw. Rev. Stat. § 91-4.1 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-4.1
Rulemaking actions; copies in Ramseyer format.
Status: in_force

Each state agency adopting, amending, or repealing a rule shall prepare a certified copy of the rule changes according to the Ramseyer format. Each state agency shall maintain a file of the copies in the Ramseyer format and shall make the file available for public inspection and copying at a cost as specified in section 91-2.5.
Haw. Rev. Stat. § 93-4 — HI Code / Division 1 / Title 8 / Chapter 93 / Section 93-4
Depository library system.
Status: in_force

The state librarian shall designate at least one government publications depository in each county and shall distribute to each depository one copy of each publication, as defined in this part.
Haw. Rev. Stat. § 92F-19 — HI Code / Division 1 / Title 8 / Chapter 92F / Section 92F-19
Limitations on disclosure of government records to other agencies.
Status: in_force

(a) No agency may disclose or authorize disclosure of government records to any other agency unless the disclosure is:

(1) Necessary for the performance of the requesting agency's duties and functions and is also:

(A) Compatible with the purpose for which the information was collected or obtained; or

(B) Consistent with the conditions or reasonable expectations of use and disclosure under which the information was provided;

(2) To the state archives for the purposes of historical preservation, administrative maintenance, or destruction;

(3) To another agency, another state, or the federal government, or foreign law enforcement agency or authority, if the disclosure is:

(A) For the purpose of a civil or criminal law enforcement activity authorized by law; and

(B) Pursuant to:

(i) A written agreement or written request, or

(ii) A verbal request, made under exigent circumstances, by an officer or employee of the requesting agency whose identity has been verified, provided that such request is promptly confirmed in writing;

(4) To a criminal law enforcement agency of this State, another state, or the federal government, or a foreign criminal law enforcement agency or authority, if the information is limited to an individual's name and other identifying particulars, including present and past places of employment;

(5) To a foreign government pursuant to an executive agreement, compact, treaty, or statute;

(6) To the legislature, or a county council, or any committee or subcommittee thereof;

(7) Pursuant to an order of a court of competent jurisdiction;

(8) To authorized officials of another agency, another state, or the federal government for the purpose of auditing or monitoring an agency program that receives federal, state, or county funding;

(9) To the offices of the legislative auditor, the legislative reference bureau, or the ombudsman of this State for the performance of their respective functions;

(10) To the department of human resources development, county personnel agencies, or line agency personnel offices for the performance of their respective duties and functions, including employee recruitment and examination, classification and compensation reviews, the administration and auditing of personnel transactions, the administration of training and safety, workers' compensation, and employee benefits and assistance programs, and for labor relations purposes; or

(11) Otherwise subject to disclosure under this chapter.

(b) An agency receiving government records pursuant to subsection (a) shall be subject to the same restrictions on disclosure of the records as the originating agency. [L 1988, c 262, pt of §1; am L 1993, c 250, §2; am L 1994, c 56, §21]
Haw. Rev. Stat. § 93-12 — HI Code / Division 1 / Title 8 / Chapter 93 / Section 93-12
Annual reports.
Status: in_force

All annual reports that are or shall be required to be submitted by a state agency to the governor or another state agency, shall be submitted on a fiscal year basis; provided that the governor may prescribe other due dates for annual reports when the fiscal year basis would not be feasible. Further, any law to the contrary notwithstanding, in order to make optimal use of available state government resources, the governor may waive annual report requirements if information included in such reports is available in other reports and is acceptable for the purpose required or is deemed to be no longer pertinent for program reporting purposes. If there is duplication of information in annual reports within an agency, these annual reports shall be consolidated. In lieu of the submittal of individual annual reports by state departments, agencies, boards, or commissions, the governor may submit a consolidated annual report for the executive branch or direct the consolidation of one or more reports. These provisions shall not preclude the legislature from requesting specific reports through concurrent resolution.
Haw. Rev. Stat. § 92-26 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-26
Fees; exemption.
Status: in_force

One department of the state government shall not be required to pay any fee to any other department of the state government for the preparation and certification by the latter of any government record, nor shall section 92-21 be held to amend or repeal section 94-4.
Haw. Rev. Stat. § 92-2 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-2
Definitions.
Status: in_force

As used in this part:

"Board" means any agency, board, commission, authority, or committee of the State or its political subdivisions which is created by constitution, statute, rule, or executive order, to have supervision, control, jurisdiction, or advisory power over specific matters and which is required to conduct meetings and to take official actions.

"Board business" means specific matters over which a board has supervision, control, jurisdiction, or advisory power, that are actually pending before the board, or that can be reasonably anticipated to arise before the board in the foreseeable future.

"Informal gathering" means a social or informal assemblage of two or more board members at which matters relating to board business are not discussed.

"Interactive conference technology" means any form of audio and visual conference technology, or audio conference technology where permitted under this part, including teleconference, videoconference, and voice over internet protocol, that facilitates interaction between the public and board members.

"Meeting" means the convening of a board for which a quorum is required in order to make a decision or to deliberate toward a decision upon a matter over which the board has supervision, control, jurisdiction, or advisory power. [L 1975, c 166, pt of §1; am L 1976, c 212, §1; am L 2012, c 202, § 1 ; am L 2021, c 220, §3; am L 2022, c 264, §2 ]
Haw. Rev. Stat. § 92-3 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-3
Open meetings.
Status: in_force

Every meeting of all boards shall be open to the public and all persons shall be permitted to attend any meeting unless otherwise provided in the state constitution or as closed pursuant to sections 92-4 and 92-5; provided that the removal of any person or persons who wilfully disrupts a meeting to prevent and compromise the conduct of the meeting shall not be prohibited. The boards shall afford all interested persons an opportunity to submit data, views, or arguments, in writing, on any agenda item. The boards shall also afford all interested persons an opportunity to present oral testimony on any agenda item; provided that the oral testimonies of interested persons shall not be limited to the beginning of a board's agenda or meeting. The boards may provide for reasonable administration of oral testimony by rule.
Haw. Rev. Stat. § 98-4 — HI Code / Division 1 / Title 8 / Chapter 98 / Section 98-4
Legal material in official electronic record.
Status: in_force

(a) If an official publisher publishes legal material only in an electronic record, the publisher shall:

(1) Designate the electronic record as official; and

(2) Comply with sections 98-5, 98-7, and 98-8.

(b) An official publisher that publishes legal material in an electronic record and also publishes the material in a record other than an electronic record may designate the electronic record as official if the publisher complies with sections 98-5, 98-7, and 98-8. [L 2013, c 11, pt of §1]
Haw. Rev. Stat. § 98-7 — HI Code / Division 1 / Title 8 / Chapter 98 / Section 98-7
Preservation and security of legal material in official electronic record.
Status: in_force

(a) An official publisher of legal material in an electronic record that is or was designated as official under section 98-4 shall provide for the preservation and security of the record in an electronic form or a form that is not electronic.

(b) If legal material is preserved under subsection (a) in an electronic record, the official publisher shall:

(1) Ensure the integrity of the record;

(2) Provide for backup and disaster recovery of the record; and

(3) Ensure the continuing usability of the material. [L 2013, c 11, pt of §1]
Haw. Rev. Stat. § 92-2.5 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-2.5
Permitted interactions of members.
Status: in_force

(a) Two members of a board may discuss between themselves matters relating to board business to enable them to perform their duties faithfully, as long as no commitment to vote is made or sought and the two members do not constitute a quorum of their board.

(b) Two or more members of a board, but less than the number of members that would constitute a quorum for the board, may be assigned to:

(1) Investigate a matter relating to board business; provided that:

(A) The scope of the investigation and the scope of each member's authority are defined at a meeting of the board;

(B) All resulting findings and recommendations are presented to the board at a meeting of the board; and

(C) Deliberation and decision-making on the matter investigated, if any, occurs only at a duly noticed meeting of the board held no less than six business days after the meeting at which the findings and recommendations of the investigation were presented to the board; or

(2) Present, discuss, or negotiate any position that the board has adopted at a meeting of the board; provided that the assignment is made and the scope of each member's authority is defined at a meeting of the board before the presentation, discussion, or negotiation.

(c) Discussions between two or more members of a board, but less than the number of members that would constitute a quorum for the board, concerning the selection of the board's officers may be conducted in private without limitation or subsequent reporting.

(d) Board members present at a meeting that must be canceled for lack of quorum or terminated pursuant to section 92-3.5(c) may nonetheless receive testimony and presentations on items on the agenda and question the testifiers or presenters; provided that:

(1) Deliberation or decisionmaking on any item, for which testimony or presentations are received, occurs only at a duly noticed meeting of the board held subsequent to the meeting at which the testimony and presentations were received;

(2) The members present shall create a record of the oral testimony or presentations in the same manner as would be required by section 92-9 for testimony or presentations heard during a meeting of the board; and

(3) Before its deliberation or decisionmaking at a subsequent meeting, the board shall:

(A) Provide copies of the testimony and presentations received at the canceled meeting to all members of the board; and

(B) Receive a report by the members who were present at the canceled or terminated meeting about the testimony and presentations received.

(e) Two or more members of a board, but less than the number of members that would constitute a quorum for the board, may attend an informational meeting or presentation on matters relating to board business, including a meeting of another entity, legislative hearing, convention, seminar, or community meeting; provided that the meeting or presentation is not specifically and exclusively organized for or directed toward members of the board. The board members in attendance may participate in discussions, including discussions among themselves; provided that the discussions occur during and as part of the informational meeting or presentation; provided further that no commitment relating to a vote on the matter is made or sought.

At the next duly noticed meeting of the board, the board members shall report their attendance and the matters presented and discussed that related to board business at the informational meeting or presentation.

(f) Discussions between the governor and one or more members of a board may be conducted in private without limitation or subsequent reporting; provided that the discussion does not relate to a matter over which a board is exercising its adjudicatory function.

(g) Discussions between two or more members of a board and the head of a department to which the board is administratively assigned may be conducted in private without limitation; provided that the discussion is limited to matters specified in section 26-35.

(h) Where notice of the deadline to submit testimony to the legislature is less than the notice requirements in this section, a board may circulate for approval a statement regarding a position previously adopted by the board; provided that the position previously adopted by the board, the statement to be submitted as testimony, and communications among board members about the statement, including drafts, shall be in writing and accessible to the public, within forty-eight hours of the statement's circulation to the board, on the board's website, or, if the board does not have a website, on an appropriate state or county website.

(i) Communications, interactions, discussions, investigations, and presentations described in this section are not meetings for purposes of this part. [L 1996, c 267, §2; am L 2005, c 84, §1; am L 2012, c 177, §1; am L 2022, c 264, §3; am L 2024, c 13, §2]
Haw. Rev. Stat. § 91-4 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-4
Filing and taking effect of rules.
Status: repealed

(a) Each agency adopting, amending, or repealing a rule, upon approval thereof by the governor or the mayor of the county, shall file forthwith certified copies thereof with the lieutenant governor in the case of the State, or with the clerk of the county in the case of a county. In addition, the clerks of all of the counties shall file forthwith certified copies thereof with the lieutenant governor. A permanent register of the rules, open to public inspection, shall be kept by the lieutenant governor and the clerks of the counties.

(b) Each rule hereafter adopted, amended, or repealed shall become effective ten days after filing with the lieutenant governor in the case of the State, or with the respective county clerks in the case of the counties; provided that:

(1) If a later effective date is required by statute or specified in the rule, the later date shall be the effective date; provided further that no rule shall specify an effective date in excess of thirty days after the filing of the rule as provided herein;

(2) An emergency rule adopted pursuant to section 91-3(b) shall become effective upon filing with the lieutenant governor in the case of the State, or with the respective county clerks in the case of the counties, for a period of not longer than one hundred twenty days without renewal unless extended in compliance with section 91-3(b) if the agency finds that immediate adoption of the rule is necessary because of imminent peril to the public health, safety, or morals, or to natural resources. The agency's finding and brief statement of the reasons therefor shall be incorporated in the rule as filed. The agency shall make an emergency rule adopted pursuant to section 91-3(b) known to persons who will be affected by it by publication at least once in a newspaper of general circulation in the State for state agencies and in the county for county agencies within five days from the date of filing of the rule; and

(3) An emergency rule adopted pursuant to section 91-3(c) shall become effective upon filing with the lieutenant governor in the case of the State, or with the respective county clerks in the case of the counties, and shall be effective until no later than adjournment sine die of the next regular legislative session following adoption of the emergency rule. The agency's finding and brief statement of the reasons therefor shall be incorporated in the rule as filed. The agency shall make an emergency rule adopted pursuant to section 91-3(c) known to persons who will be affected by it by publication at least once in a newspaper of general circulation in the State for state agencies and in the county for county agencies within five days from the date of filing of the rule. [L 1961, c 103, §4; am L 1965, c 96, §139b; Supp, §6C-4; HRS §91-4; am L 2012, c 149, §3; am L 2018, c 56, §3]

Revision Note

In subsection (a), provision requiring approval of rule by the chairman of the board of supervisors, has been deleted as obsolete.
Haw. Rev. Stat. § 98-8 — HI Code / Division 1 / Title 8 / Chapter 98 / Section 98-8
Public access to legal material in official electronic record.
Status: in_force

An official publisher of legal material in an electronic record that is required to be preserved under section 98-7 shall ensure that the material is reasonably available for use by the public on a permanent basis.
Haw. Rev. Stat. § 96-3 — HI Code / Division 1 / Title 8 / Chapter 96 / Section 96-3
Assistance, staff, delegation, funding.
Status: in_force

(a) The ombudsman shall appoint a first assistant and other officers and employees as may be necessary to carry out this chapter. All employees, including the first assistant, shall be hired by the ombudsman and shall serve at the ombudsman's pleasure.

(b) In determining the salary of each employee, the ombudsman shall consult with the department of human resources development and shall follow as closely as possible the recommendations of the department. Effective July 1, 2007, the first assistant's salary shall be not more than ninety-two per cent of the salary of the ombudsman.

(c) The ombudsman and the ombudsman's full-time staff shall be entitled to participate in any employee benefit plan.

(d) The ombudsman may delegate to the ombudsman's appointees any of the ombudsman's duties except those specified in sections 96-12 and 96-13; provided that during the absence of the ombudsman from the island of Oahu, or the ombudsman's temporary inability to exercise and discharge the powers and duties of the ombudsman's office, the powers and duties as contained in sections 96-12 and 96-13 shall devolve upon the first assistant during the ombudsman's absence or inability.

(e) The funds for the support of the office of the ombudsman shall be provided for in the act providing for the expenses of the legislature. [L 1967, c 306, §4; HRS §96-3; am L 1974, c 46, §3; am L 1975, c 58, §34; am L 1982, c 129, §32(2); gen ch 1985; am L 1986, c 128, §30(2); am L 1989, c 329, §20(2); am L 1994, c 56, §21; am L 2005, c 225, §7; am L 2007, c 63, §3]
Haw. Rev. Stat. § 92-84 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-84
[ §92-84] Definition.
Status: in_force

[ §92-84] Definition. As used in this part, "community outreach board" means a board established to serve in a community advisory capacity under a county commission or a county department.
Haw. Rev. Stat. § 92-27 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-27
Fees to be accounted for.
Status: in_force

All official and departmental fees shall be accounted for and paid over into the public treasury, except fees designated and intended to be applied in compensation of the officers receiving the same. No public officer in receipt of a salary for the officer's services, shall receive any other or further compensation therefor, unless specially allowed by law. [CC 1859, §1494; RL 1925, §168; RL 1935, §149; RL 1945, §460; RL 1955, §7-4; HRS §92-27; gen ch 1985]
Haw. Rev. Stat. § 91-4.4 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-4.4
Form of publication.
Status: in_force

The revisor of statutes shall determine the form in which the Hawaii administrative rules index and its supplements shall be published. Either or both of the publications may be issued in units, in bound or loose-leaf form, separately or in combination, at the same or different times, as the revisor considers most economical and best adapted to make the index available to interested persons and the public.
Haw. Rev. Stat. § 92-11 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-11
Voidability.
Status: in_force

Any final action taken in violation of sections 92-3 and 92-7 may be voidable upon proof of violation. A suit to void any final action shall be commenced within ninety days of the action.
Haw. Rev. Stat. § 92F-42 — HI Code / Division 1 / Title 8 / Chapter 92F / Section 92F-42
Powers and duties of the office of information practices.
Status: in_force

The director of the office of information practices:

(1) Shall, upon request, review and rule on an agency denial of access to information or records, or an agency's granting of access; provided that any review by the office of information practices shall not be a contested case under chapter 91 and shall be optional and without prejudice to rights of judicial enforcement available under this chapter;

(2) Upon request by an agency, shall provide and make public advisory guidelines, opinions, or other information concerning that agency's functions and responsibilities;

(3) Upon request by any person, may provide advisory opinions or other information regarding that person's rights and the functions and responsibilities of agencies under this chapter;

(4) May conduct inquiries regarding compliance by an agency and investigate possible violations by any agency;

(5) May examine the records of any agency for the purpose of paragraphs (4) and (18) and seek to enforce that power in the courts of this State;

(6) May recommend disciplinary action to appropriate officers of an agency;

(7) Shall report annually to the governor and the state legislature on the activities and findings of the office of information practices, including recommendations for legislative changes;

(8) Shall receive complaints from and actively solicit the comments of the public regarding the implementation of this chapter;

(9) Shall review the official acts, records, policies, and procedures of each agency;

(10) Shall assist agencies in complying with the provisions of this chapter;

(11) Shall inform the public of the following rights of an individual and the procedures for exercising them:

(A) The right of access to records pertaining to the individual;

(B) The right to obtain a copy of records pertaining to the individual;

(C) The right to know the purposes for which records pertaining to the individual are kept;

(D) The right to be informed of the uses and disclosures of records pertaining to the individual;

(E) The right to correct or amend records pertaining to the individual; and

(F) The individual's right to place a statement in a record pertaining to that individual;

(12) Shall adopt rules that set forth an administrative appeals structure which provides for:

(A) Agency procedures for processing records requests;

(B) A direct appeal from the division maintaining the record; and

(C) Time limits for action by agencies;

(13) Shall adopt rules that set forth the fees and other charges that may be imposed for searching, reviewing, or segregating disclosable records, as well as to provide for a waiver of fees when the public interest would be served;

(14) Shall adopt rules which set forth uniform standards for the records collection practices of agencies;

(15) Shall adopt rules that set forth uniform standards for disclosure of records for research purposes;

(16) Shall have standing to appear in cases where the provisions of this chapter or part I of chapter 92 are called into question;

(17) Shall adopt, amend, or repeal rules pursuant to chapter 91 necessary for the purposes of this chapter; and

(18) Shall take action to oversee compliance with part I of chapter 92 by all state and county boards including:

(A) Receiving and resolving complaints;

(B) Advising all government boards and the public about compliance with chapter 92; and

(C) Reporting each year to the legislature on all complaints received pursuant to section 92-1.5. [L 1988, c 262, pt of §1; am L 1989, c 192, §10; am L 1998, c 137, §5; am L 2015, c 92, §5]
Haw. Rev. Stat. § 91-7 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-7
Declaratory judgment on validity of rules.
Status: in_force

(a) Any interested person may obtain a judicial declaration as to the validity of an agency rule as provided in subsection (b) by bringing an action against the agency in the circuit court or, if applicable, the environmental court, of the county in which the petitioner resides or has its principal place of business. The action may be maintained whether or not the petitioner has first requested the agency to pass upon the validity of the rule in question.

(b) The court shall declare the rule invalid if it finds that it violates constitutional or statutory provisions, or exceeds the statutory authority of the agency, or was adopted without compliance with statutory rulemaking procedures. [L 1961, c 103, §7; Supp, §6C-7; HRS §91-7; am L 2014, c 218, §3]
Haw. Rev. Stat. § 92F-23 — HI Code / Division 1 / Title 8 / Chapter 92F / Section 92F-23
Access to personal record; initial procedure.
Status: in_force

Upon the request of an individual to gain access to the individual's personal record, an agency shall permit the individual to review the record and have a copy made within ten working days following the date of receipt of the request by the agency unless the personal record requested is exempted under section 92F-22. The ten-day period may be extended for an additional twenty working days if the agency provides to the individual, within the initial ten working days, a written explanation of unusual circumstances causing the delay.
Haw. Rev. Stat. § 91-17 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-17
Federal aid.
Status: in_force

The provisions of section 91-14 shall not be applicable where such applicability would jeopardize federal aid or grants of assistance.
Haw. Rev. Stat. § 96-4 — HI Code / Division 1 / Title 8 / Chapter 96 / Section 96-4
Procedure.
Status: in_force

The ombudsman may establish procedures for receiving and processing complaints, conducting investigations, and reporting the ombudsman's findings. However, the ombudsman may not levy fees for the submission or investigation of complaints.
Haw. Rev. Stat. § 97-7 — HI Code / Division 1 / Title 8 / Chapter 97 / Section 97-7
Penalties; administrative fines.
Status: in_force

(a) Any person or entity that:

(1) Negligently fails to file any statement or report required by this chapter;

(2) Negligently files a statement or report containing false information or material omission of any fact;

(3) Engages in activities prohibited by section 97-5;

(4) Fails to provide information required by section 97-2, including documentation confirming completion of the mandatory lobbyist training course, or 97-3; or

(5) Makes a gift in violation of section 97-5.5,

shall be subject to an administrative fine imposed by the state ethics commission that shall not exceed $5,000 for each violation of this chapter. All fines collected under this section shall be deposited into the general fund.

(b) No fine shall be assessed unless the state ethics commission:

(1) Convenes a hearing in accordance with section 97-6(c) and chapter 91 and renders a decision;

(2) Together with the alleged violator, agrees to resolve any alleged violation before the completion of the contested case process; provided that the resolution includes payment of an administrative fine or restitution, or both; or

(3) Issues a notice and order of administrative fine pursuant to section 97-6(g). [L 1975, c 160, pt of §1; am L 1980, c 129, §1(h); am L 1995, c 220, §8; am L 2001, c 146, §2; am L 2017, c 51, §6; am L 2019, c 109, §3; am L 2023, c 10, §3 and c 20, §4; am L 2024, c 15, §3; am L 2025, c 13, §6]
Haw. Rev. Stat. § 92-4 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-4
Executive meetings.
Status: in_force

(a) A board may hold an executive meeting that is closed to the public upon an affirmative vote, taken at an open meeting, of two-thirds of the members present; provided the affirmative vote constitutes a majority of the members to which the board is entitled. A meeting closed to the public shall be limited to matters exempted by section 92-5. The reason for holding such a meeting shall be publicly announced and the vote of each member on the question of holding a meeting that is closed to the public shall be recorded and entered into the minutes of the meeting.

(b) Any discussion or final action taken by a board in an executive meeting shall be reported to the public when the board reconvenes in the open meeting at which the executive meeting is held; provided that in describing the discussion or final action taken by the board:

(1) The information reported shall not be inconsistent with the purpose for which the executive meeting was convened pursuant to section 92-5, including matters affecting the privacy of individuals; and

(2) The board may maintain confidentiality for the information described in paragraph (1) for as long as disclosure would defeat the purpose of convening the executive meeting. [L 1975, c 166, pt of §1; am L 1985, c 278, §2; am L 2023, c 19, §1]
Haw. Rev. Stat. § 91-13 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-13
Consultation by officials of agency.
Status: in_force

No official of an agency who renders a decision in a contested case shall consult any person on any issue of fact except upon notice and opportunity for all parties to participate, save to the extent required for the disposition of ex parte matters authorized by law.
Haw. Rev. Stat. § 92-1.5 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-1.5
Administration of this part.
Status: in_force

The director of the office of information practices shall administer this part. The director shall establish procedures for filing and responding to complaints filed by any person concerning the failure of any board to comply with this part. An agency may not appeal a decision by the office of information practices made under this chapter, except as provided in section 92F-43. The director of the office of information practices shall submit an annual report of these complaints along with final resolution of complaints, and other statistical data to the legislature, no later than twenty days prior to the convening of each regular session.
Haw. Rev. Stat. § 91-11 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-11
Examination of evidence by agency.
Status: in_force

Whenever in a contested case the officials of the agency who are to render the final decision have not heard and examined all of the evidence, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a proposal for decision containing a statement of reasons and including determination of each issue of fact or law necessary to the proposed decision has been served upon the parties, and an opportunity has been afforded to each party adversely affected to file exceptions and present argument to the officials who are to render the decision, who shall personally consider the whole record or such portions thereof as may be cited by the parties.
Haw. Rev. Stat. § 96-19 — HI Code / Division 1 / Title 8 / Chapter 96 / Section 96-19
Penalty for obstruction.
Status: in_force

A person who willfully hinders the lawful actions of the ombudsman or the ombudsman's staff, or willfully refuses to comply with their lawful demands, shall be fined not more than $1,000.
Haw. Rev. Stat. § 92-3.7 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-3.7
Remote meeting by interactive conference technology; notice; quorum.
Status: in_force

(a) A board may hold a remote meeting by interactive conference technology; provided that the interactive conference technology used by the board allows audiovisual interaction among all members of the board participating in the meeting and all members of the public attending the meeting, except as otherwise provided under this section; provided further that there is at least one meeting location that is open to the public and has an audiovisual connection. A board holding a remote meeting pursuant to this section shall not be required to allow members of the public to join board members in person at nonpublic locations where board members are physically present or to identify those locations in the notice required by section 92-7; provided that at the meeting, each board member shall state the name of any person eighteen years of age or older who is present at the nonpublic location with the member; provided further that the name of a person under the age of eighteen years shall be stated if the person has a personal business, property, or financial interest on any issue before the board at the meeting. The notice required by section 92-7 shall:

(1) List at least one meeting location that is open to the public that shall have an audiovisual connection; and

(2) Inform members of the public how to contemporaneously:

(A) Remotely view the video and audio of the meeting through internet streaming or other means; and

(B) Provide remote oral testimony in a manner that allows:

(i) Board members and other meeting participants to hear the testimony; and

(ii) The testifier to be visible to board members and other meeting participants upon request by the testifier.

The board may provide additional locations open for public participation. The notice required by section 92-7 shall list any additional locations open for public participation and specify, in the event an additional location loses its audiovisual connection to the remote meeting, whether the meeting will continue without that location or will be automatically recessed to restore communication as provided in subsection (c).

(b) For a remote meeting held by interactive conference technology pursuant to this section:

(1) The interactive conference technology used by the board shall allow interaction among all members of the board participating in the meeting and all members of the public attending the meeting;

(2) Except as provided in subsections (c) and (d), a quorum of board members participating in the meeting shall be visible and audible to other members and the public during the meeting; provided that no other meeting participants shall be required to be visible during the meeting;

(3) Any board member participating in a meeting by interactive conference technology shall be considered present at the meeting for the purpose of determining compliance with the quorum and voting requirements of the board;

(4) At the start of the meeting, the presiding officer shall announce the names of the participating members;

(5) All votes shall be conducted by roll call unless unanimous; and

(6) Boards shall record meetings open to the public, when practicable, and make the recording of any meeting electronically available to the public as soon as practicable after a meeting and until a time as the minutes required by section 92-9 are electronically posted on the board's website. Boards are encouraged to keep recordings available on their website.

(c) A meeting held by interactive conference technology shall be automatically recessed for up to thirty minutes to restore communication when audiovisual communication cannot be maintained with all members participating in the meeting or with the public location identified in the board's notice pursuant to subsection (a)(1) or with the remote public broadcast identified in the board's notice pursuant to subsection (a)(2)(A). This subsection shall not apply based on the inability of a member of the public to maintain an audiovisual connection to the remote public broadcast, unless the remote public broadcast itself is not transmitting an audiovisual link to the meeting. The meeting may reconvene when either audiovisual communication is restored, or audio-only communication is established after an unsuccessful attempt to restore audiovisual communication, but only if the board has provided reasonable notice to the public as to how to access the reconvened meeting after an interruption to communication. If audio-only communication is established, then each speaker shall be required to state their name before making their remarks. Within fifteen minutes after audio-only communication is established, copies of nonconfidential visual aids that are required by or brought to the meeting by board members or as part of a scheduled presentation shall be made available either by posting on the Internet or by other means to all meeting participants, including those participating remotely, and those agenda items for which visual aids are not available for all participants shall not be acted upon at the meeting. If it is not possible to reconvene the meeting as provided in this subsection within thirty minutes after an interruption to communication and the board has not provided reasonable notice to the public as to how the meeting will be continued at an alternative date and time, then the meeting shall be automatically terminated.

(d) During executive meetings from which the public has been excluded, board members shall be audible to other authorized participants but shall not be required to be visible. To preserve the executive nature of any portion of a meeting closed to the public, the presiding officer shall publicly state the names and titles of all authorized participants, and, upon convening the executive session, all participants shall confirm to the presiding officer that no unauthorized person is present or able to hear them at their remote locations or via another audio or audiovisual connection. The person organizing the interactive conference technology shall confirm that no unauthorized person has access to the executive meeting as indicated on the control panels of the interactive conference technology being used for the meeting, if applicable.

(e) Nothing in this section shall prohibit a board from removing or blocking any person who wilfully disrupts or compromises the conduct of a meeting. [L 2021, c 220, §2; am L 2022, c 177, §2; am L 2023, c 125, §1; am L 2024, c 12, §2]
Haw. Rev. Stat. § 92-82 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-82
Permitted interactions of neighborhood board and community outreach board members.
Status: in_force

(a) Neighborhood board and community outreach board members may attend meetings or presentations on matters relating to official board business; provided that the meeting or presentation is open to the public, does not charge a fee or require registration, and is not specifically and exclusively organized for or directed toward members of the board; provided further that no member shall make a commitment to vote on any of the issues discussed.

(b) Neighborhood board and community outreach board members who attend meetings or presentations allowed by subsection (a) may ask questions relating to official board business of persons other than fellow board members. [L 2008, c 153, pt of §1; am L 2015, c 91, §1; am L 2025, c 53, §5]
Haw. Rev. Stat. § 92F-18 — HI Code / Division 1 / Title 8 / Chapter 92F / Section 92F-18
Agency implementation.
Status: in_force

(a) Each agency shall:

(1) Issue instructions and guidelines necessary to effectuate this chapter; and

(2) Take steps to assure that all its employees and officers responsible for the collection, maintenance, use, and dissemination of government records are informed of the requirements of this chapter.

(b) Each agency shall compile a public report describing the records it routinely uses or maintains using forms prescribed by the office of information practices. The public reports shall be filed with the office of information practices on or before December31, 1994. The public reports shall include:

(1) The name and location of each set of records;

(2) The authority under which the records are maintained;

(3) The categories of individuals for whom records are maintained;

(4) The categories of information or data maintained in the records;

(5) The categories of sources of information in the records;

(6) The categories of uses and disclosures made of the records;

(7) The agencies and categories of persons outside of the agency which routinely use the records;

(8) The records routinely used by the agency which are maintained by:

(A) Another agency; or

(B) A person other than an agency;

(9) The policies and practices of the agency regarding storage, retrievability, access controls, retentions, and disposal of the information maintained in records;

(10) The title, business address, and business telephone number of the agency officer or officers responsible for the records;

(11) The agency procedures whereby an individual may request access to records; and

(12) The number of written requests for access within the preceding year, the number denied, the number of lawsuits initiated against the agency under this part, and the number of suits in which access was granted.

(c) Each agency shall supplement or amend its public report, or file a new report, on or before July1 of each subsequent year, to ensure that the information remains accurate and complete. Each agency shall file the supplemental, amended, or new report with the office of information practices, which shall make the reports available for public inspection. [L 1988, c 262, pt of §1; am L 1989, c 192, §4; am L 1991, c 167, §2; am L 1992, c 118, §2; am L 1993, c 57, §1]
Haw. Rev. Stat. § 91-10 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-10
Rules of evidence; official notice.
Status: in_force

In contested cases:

(1) Except as provided in section 91-8.5, any oral or documentary evidence may be received, but every agency shall as a matter of policy provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence and no sanction shall be imposed or rule or order be issued except upon consideration of the whole record or such portions thereof as may be cited by any party and as supported by and in accordance with the reliable, probative, and substantial evidence. The agencies shall give effect to the rules of privilege recognized by law;

(2) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available; provided that upon request parties shall be given an opportunity to compare the copy with the original;

(3) Every party shall have the right to conduct such cross-examination as may be required for a full and true disclosure of the facts, and shall have the right to submit rebuttal evidence;

(4) Agencies may take notice of judicially recognizable facts. In addition, they may take notice of generally recognized technical or scientific facts within their specialized knowledge; but parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material so noticed, and they shall be afforded an opportunity to contest the facts so noticed; and

(5) Except as otherwise provided by law, the party initiating the proceeding shall have the burden of proof, including the burden of producing evidence as well as the burden of persuasion. The degree or quantum of proof shall be a preponderance of the evidence. [L 1961, c 103, §10; Supp, §6C-10; HRS §91-10; am L 1978, c 76, §1; am L 2003, c 76, §3]
Haw. Rev. Stat. § 97-1 — HI Code / Division 1 / Title 8 / Chapter 97 / Section 97-1
Definitions.
Status: in_force

When used in this chapter:

"Administrative action" means the proposal, drafting, consideration, amendment, enactment, or defeat by any administrative agency of any rule or other action governed by section 91-3.

"Administrative agency" means a commission, board, agency, or other body, or official in the state government that is not a part of the legislative or judicial branch.

"Contribution" includes a gift, subscription, forgiveness of a loan, advance, or deposit of money, or anything of value and includes a contract, promise, or agreement, whether or not enforceable, to make a contribution.

"Expenditure" includes a payment, distribution, forgiveness of a loan, advance, deposit, or gift of money, or anything of value and includes a contract, promise, or agreement, whether or not enforceable, to make an expenditure. "Expenditure" also includes compensation or other consideration paid to a lobbyist for the performance of lobbying services. "Expenditure" excludes any amounts expended:

(1) For intrastate travel costs, including incidental meals and lodging; provided that this exception does not apply to any amounts expended for the travel costs of state legislators, board and commission members, or any other employees of the State; or

(2) By a nonprofit organization to prepare and submit an application for a grant pursuant to chapter 42F, and for each of the nonprofit organization's employees to lobby a maximum of ten hours in a month for that application.

"Legislative action" means the sponsorship, drafting, introduction, consideration, modification, enactment, or defeat of any bill, resolution, amendment, report, nomination, appointment, or any other matter pending or proposed in the legislature.

"Lobbying" [Definition effective until December 31, 2026. For definition effective January 1, 2027, see below.] means communicating directly or through an agent, or soliciting others to communicate, with any official in the legislative or executive branch, for the purpose of attempting to influence legislative or administrative action or a ballot issue. "Lobbying" shall not include the preparation and submission of a grant application pursuant to chapter 42F by a representative of a nonprofit organization.

"Lobbying" [Definition effective January 1, 2027. For definition effective until December 31, 2026, see above.] means communicating directly or through an agent, or soliciting others to communicate, with any official in the legislative or executive branch, for the purpose of attempting to influence legislative or administrative action or a ballot issue. "Lobbying" includes communicating with any person identified in section 84-17(d) concerning the solicitation or award of a contract by or proposal before an administrative agency or a potential future vendor relationship with an administrative agency if any of the communications are not governed by chapter 103D or 103F.

"Lobbying" does not include:

(1) Communications about a request for proposals, contract, or vendor relationship if the communications are initiated by a legislator or state employee; or

(2) The preparation and submission of a grant application pursuant to chapter 42F by a representative of a nonprofit organization.

"Lobbyist" means any individual who:

(1) Receives or expects to receive, either by employment or contract, $1,000 or more in monetary or in-kind compensation in any calendar year for engaging in lobbying, either personally or through the lobbyist's agents; or

(2) For pay or other consideration, on behalf of another person:

(A) Engages in lobbying in excess of five hours in any month of any reporting period described in section 97-3;

(B) Engages in lobbying in excess of ten hours during any calendar year; or

(C) Makes expenditures of $1,000 or more of the person's or any other person's money lobbying during any reporting period described in section 97-3;

provided that an employee of a nonprofit organization who spends fewer than ten hours in any month lobbying on a grant application submitted pursuant to chapter 42F is not a lobbyist if the employee does not engage in lobbying on matters that are unrelated to the grant application.

"Person" means a corporation, individual, union, association, firm, sole proprietorship, partnership, committee, club, or any other organization or a representative of a group of persons acting in concert. [L 1975, c 160, pt of §1; am L 1980, c 129, §1(a); am L 1982, c 105, §1; am L 1989, c 225, §1; am L 1995, c 220, §5; am L 2017, c 51, §2; am L 2025, c 63, §3]
Haw. Rev. Stat. § 92F-13 — HI Code / Division 1 / Title 8 / Chapter 92F / Section 92F-13
Government records; exceptions to general rule.
Status: in_force

This part shall not require disclosure of:

(1) Government records which, if disclosed, would constitute a clearly unwarranted invasion of personal privacy;

(2) Government records pertaining to the prosecution or defense of any judicial or quasi-judicial action to which the State or any county is or may be a party, to the extent that such records would not be discoverable;

(3) Government records that, by their nature, must be confidential in order for the government to avoid the frustration of a legitimate government function;

(4) Government records which, pursuant to state or federal law including an order of any state or federal court, are protected from disclosure; and

(5) Inchoate and draft working papers of legislative committees including budget worksheets and unfiled committee reports; work product; records or transcripts of an investigating committee of the legislature which are closed by rules adopted pursuant to section 21-4 and the personal files of members of the legislature. [L 1988, c 262, pt of §1; am L 1993, c 250, §1]
Haw. Rev. Stat. § 92-16 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-16
Power of boards to issue subpoenas, administer oaths, appoint masters, etc.
Status: in_force

(a) Any board (which term as used in this section means any board or commission of the State or of any political subdivision of the State) which is by law authorized or required to hold hearings for the purpose of receiving evidence, shall have the following powers, in addition to those provided for by any other law, in connection with the hearings:

(1) To subpoena witnesses upon subpoena signed by the chairperson, acting chairperson, or any member, or executive secretary, or executive officer of or under the board who is so authorized by the board. The subpoenas shall be served in the same manner, and the witnesses subpoenaed shall be entitled to the same witness fees, as in the case of a witness subpoenaed to testify before a circuit court. Any circuit court, upon the written application of any member of the board or of any master appointed by it as in this section provided, shall have power to enforce obedience to the subpoena by contempt proceedings.

(2) Through the chairperson, acting chairperson, or any member of the board, or through the executive secretary or executive officer of or under the board so authorized by the board, to administer oaths to witnesses and require the testimony of such witnesses on matters germane to the subject under inquiry at the hearing. Any party to the hearing upon request shall be allowed to be represented by counsel and be allowed reasonable rights of examination and cross-examination of witnesses. Any false swearing by a witness at the hearing upon any material issue or matter shall constitute perjury, and be punishable as such.

(3) To appoint, by written resolution adopted by vote of a majority of the board, a master or masters (who may, but need not be, a member or members of the board, or a disinterested attorney at law or other person, or a combination of any of them) to hold the hearing and take testimony upon the matters involved in the hearing and report to the board the master's or their findings and recommendations, together with a transcript of the hearing or a summary of the evidence and testimony taken thereat, and to adopt the findings and recommendations, in whole or in part, or otherwise act upon the report and transcript or summary, and, in the board's discretion, to hold further hearings and take further evidence and testimony in connection therewith, before taking final action thereon. Any master may be paid such reasonable compensation as shall be determined by the board, provided that no member of the board shall be eligible to receive any additional compensation for services as master.

(b) Subpoena fees, master's fees, and other expenses in connection with the hearings shall be payable out of any moneys appropriated or available for expenditure by the board for personal services or current expenses, or both. Any master so appointed shall have all of the powers which would be held and enjoyed by the board or the chairperson or any member thereof in connection with the hearing. [L 1949, c 329, §1; RL 1955, §7-27; HRS §92-12; am L 1973, c 31, pt of §21; ren §92-16; gen ch 1985, 1993]
Haw. Rev. Stat. § 92F-3 — HI Code / Division 1 / Title 8 / Chapter 92F / Section 92F-3
General definitions.
Status: in_force

Unless the context otherwise requires, in this chapter:

"Agency" means any unit of government in this State, any county, or any combination of counties; department; institution; board; commission; district; council; bureau; office; governing authority; other instrumentality of state or county government; or corporation or other establishment owned, operated, or managed by or on behalf of this State or any county, but does not include the nonadministrative functions of the courts of this State.

"Government record" means information maintained by an agency in written, auditory, visual, electronic, or other physical form.

"Individual" means a natural person.

"Person" means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.

"Personal record" means any item, collection, or grouping of information about an individual that is maintained by an agency. It includes, but is not limited to, the individual's education, financial, medical, or employment history, or items that contain or make reference to the individual's name, identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. [L 1988, c 262, pt of §1]
Haw. Rev. Stat. § 93-16 — HI Code / Division 1 / Title 8 / Chapter 93 / Section 93-16
Publication and distribution of reports.
Status: in_force

(a) Notwithstanding any other statute, law, charter provision, ordinance, or rule to the contrary, whenever a government agency is required to submit a report to the legislature, the report shall be:

(1) Available in printed form;

(2) Submitted in printed form to the president of the senate, the speaker of the house of representatives, and the legislative reference bureau library; and

(3) Posted on the designated central State of Hawaii website; or

(4) Posted on the Internet in an easily-located manner.

(b) If a government agency submits a report to the legislature that is a consolidation of reports mandated by law of that agency or other agencies that are administratively attached to the government agency submitting the consolidated report, then the agency submitting the consolidated report shall include:

(1) A listing of each mandated report that is being included in the consolidated report; and

(2) The specific time period covered by the particular government agency's report if different from the time period covered by the consolidated report.

(c) For purposes of this section, "government agency" means the judiciary and each department, board, commission, or officer of the State or any of its political subdivisions. [L 2001, c 231, §2]

Revision Note

Section was enacted as an addition to chapter 1 but is renumbered to this chapter pursuant to §23G-15.
Haw. Rev. Stat. § 92F-22 — HI Code / Division 1 / Title 8 / Chapter 92F / Section 92F-22
Exemptions and limitations on individual access.
Status: in_force

An agency is not required by this part to grant an individual access to personal records, or information in such records:

(1) Maintained by an agency that performs as its or as a principal function any activity pertaining to the prevention, control, or reduction of crime, and which consist of:

(A) Information or reports prepared or compiled for the purpose of criminal intelligence or of a criminal investigation, including reports of informers, witnesses, and investigators; or

(B) Reports prepared or compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through confinement, correctional supervision, and release from supervision.

(2) The disclosure of which would reveal the identity of a source who furnished information to the agency under an express or implied promise of confidentiality.

(3) Consisting of testing or examination material or scoring keys used solely to determine individual qualifications for appointment or promotion in public employment, or used as or to administer a licensing examination or an academic examination, the disclosure of which would compromise the objectivity, fairness, or effectiveness of the testing or examination process.

(4) Including investigative reports and materials, related to an upcoming, ongoing, or pending civil or criminal action or administrative proceeding against the individual.

(5) Required to be withheld from the individual to whom it pertains by statute or judicial decision or authorized to be so withheld by constitutional or statutory privilege. [L 1988, c 262, pt of §1; am L 1993, c 250, §3]
Haw. Rev. Stat. § 91-13.1 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-13.1
Administrative review of denial or refusal to issue license or certificate of registration.
Status: in_force

Except as otherwise provided by law, any person aggrieved by the denial or refusal of any board or commission subject to the jurisdiction of the department of commerce and consumer affairs, to issue a license or certificate of registration, shall submit a request for a contested case hearing pursuant to chapter 91 within sixty days of the date of the refusal or denial. Appeal to the circuit court under section 91-14, or any other applicable statute, may only be taken from a board or commission's final order.
Haw. Rev. Stat. § 96-10 — HI Code / Division 1 / Title 8 / Chapter 96 / Section 96-10
Powers.
Status: in_force

Subject to the privileges which witnesses have in the courts of this State, the ombudsman may:

(1) Compel at a specified time and place, by a subpoena, the appearance and sworn testimony of any person who the ombudsman reasonably believes may be able to give information relating to a matter under investigation; and

(2) Compel any person to produce documents, papers, or objects which the ombudsman reasonably believes may relate to a matter under investigation.

The ombudsman may bring suit in an appropriate state court to enforce these powers. [L 1967, c 306, §11; HRS §96-10]
Haw. Rev. Stat. § 91-8.5 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-8.5
Mediation in contested cases.
Status: in_force

(a) An agency may encourage parties to a contested case hearing under this chapter to participate in mediation prior to the hearing subject to conditions imposed by the agency in rules adopted in accordance with this chapter. The agency may suspend all further proceedings in the contested case pending the outcome of the mediation.

(b) No mediation period under this section shall exceed thirty days from the date the case is referred to mediation, unless otherwise extended by the agency.

(c) The parties may jointly select a person to conduct the mediation. If the parties are unable to jointly select a mediator within ten days of the referral to mediation, the agency shall select the mediator. All costs of the mediation shall be borne equally by the parties unless otherwise agreed, ordered by the agency, or provided by law.

(d) No mediation statements or settlement offers tendered shall be admitted into any subsequent proceedings involving the case, including the contested case hearing or a court proceeding.

(e) No preparatory meetings, briefings, or mediation sessions under this section shall constitute a meeting under section 92-2. Any mediator notes under this section shall be exempt from section 92-21 and chapter 92F. Section 91-10 shall not apply to mediation proceedings. [L 2003, c 76, §1]
Haw. Rev. Stat. § 98-5 — HI Code / Division 1 / Title 8 / Chapter 98 / Section 98-5
Authentication of official electronic record.
Status: in_force

An official publisher of legal material in an electronic record that is designated as official under section 98-4 shall authenticate the record. To authenticate an electronic record, the publisher shall provide a method for a user to determine that the record received by the user from the publisher is unaltered from the official record published by the publisher.
Haw. Rev. Stat. § 92-15.5 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-15.5
Nonattendance of board member; expiration of term.
Status: in_force

(a) Notwithstanding any law to the contrary, the term of a board member shall expire upon the failure of the member, without valid excuse, to attend three consecutive meetings duly noticed to all members of the board and where the board failed to constitute quorum necessary to transact board business. The chair or acting chair of the board shall determine if the absence of the member is excusable. The expiration of the member's term shall be effective immediately after the third consecutive unattended meeting and unexcused absence. The vacancy shall be filled in the same manner as the original appointment.

(b) This section shall not apply to ex officio members of a board.

(c) Notwithstanding the definition of "board" in section 92-2, this section shall apply only to a state board and shall not apply to a board of any political subdivision of the State or whose authority is strictly advisory. [L 2004, c 234, §1]
Haw. Rev. Stat. § 97-8 — HI Code / Division 1 / Title 8 / Chapter 97 / Section 97-8
[ §97-8] Presumption of lobbying on behalf of private clients.
Status: in_force

[ §97-8] Presumption of lobbying on behalf of private clients. [Section effective January 1, 2027.] Any individual with a substantial ownership interest in or a paid employee, officer, or director of an organization, who actively participates in lobbying activities that directly benefit that organization, shall be presumed to be receiving compensation from the organization for their lobbying efforts. This presumption shall not include communications made solely for informational purposes, ceremonial interactions, or routine relationship building that do not involve advocacy for or against specific outcomes.
Haw. Rev. Stat. § 97-2 — HI Code / Division 1 / Title 8 / Chapter 97 / Section 97-2
Registration of lobbyists, requirements.
Status: in_force

(a) Every lobbyist shall file a registration form with the state ethics commission within five days of becoming a lobbyist.

(b) Each lobbyist shall provide and certify the following:

(1) The name, mailing address, and business telephone number of the lobbyist;

(2) The name and principal place of business of each person by whom the lobbyist is retained or employed or on whose behalf the lobbyist appears or works and a written authorization to act as a lobbyist from each person by whom the lobbyist is employed or with whom the lobbyist contracts;

(3) The subject areas on which the lobbyist expects to lobby; and

(4) Documentation confirming the lobbyist's completion of the mandatory lobbyist training course pursuant to section 97-2.2.

(c) A lobbyist shall report any change in any of the information contained in the registration statement within ten days after the change has occurred.

(d) A lobbyist shall file a notice of termination within ten days after the lobbyist ceases the activity that required the lobbyist's registration. If the lobbyist fails to file a notice of termination, the person who employed or contracted for the services of the lobbyist may file the notice. The lobbyist and the person who employed or contracted for the services of the lobbyist shall remain subject, however, to the requirements of this chapter for the period during which the registration was effective.

(e) This chapter shall not apply to:

(1) Any individual who represents oneself and not any other person before the legislature or administrative agency; provided that the individual shall file a statement of expenditures if the individual meets any of the provisions of section 97-3(a);

(2) Any federal, state, or county official or employee acting in the official's or employee's official capacity, unless the federal, state or county official, or employee contracts for the services of a lobbyist;

(3) Any elected public official acting in the public official's official capacity, unless the public official contracts for the services of a lobbyist;

(4) Any newspaper or other regularly published periodical or radio or television station, including any individual who owns, publishes, or is employed by a newspaper or periodical or radio or television station, while publishing in the regular course of business news items, editorials, or other comments, or paid advertisements, which directly or indirectly urge the passage or defeat of legislative or administrative action;

(5) Any attorney who advises the attorney's clients on the construction or effect of proposed legislative or administrative action; provided that such attorney shall register if the attorney meets the definition of "lobbyist" as defined in section 97-1; and

(6) Any person who possesses special skills and knowledge relevant to certain areas of legislation, whose skills and knowledge may be helpful to the legislative and executive branches of state government, and who makes an occasional appearance at the request of the legislature or an administrative agency, or the lobbyist even though receiving reimbursement or other payment from the legislature or administrative agency or the lobbyist for the appearance. [L 1975, c 160, pt of §1; am L 1980, c 129, §1(b); am L 1982, c 105, §2; gen ch 1985; am L 1992, c 53, §1; am L 2017, c 51, §3; am L 2023, c 20, §3]
Haw. Rev. Stat. § 93-15 — HI Code / Division 1 / Title 8 / Chapter 93 / Section 93-15
Legislative journals; sale and distribution.
Status: in_force

Each house of the legislature shall be responsible for the publication, sale, and distribution of their respective legislative journals. The speaker of the house of representatives and the senate president shall:

(1) Fix the price of their respective legislative journals; and

(2) Determine who shall receive their respective legislative journals free of charge.

The money received from the sale of the legislative journals may be used by the respective houses of the legislature to defray any and all expenses of the respective houses. [L 1984, c 133, §1; am L 2003, c 28, §1]
Haw. Rev. Stat. § 96-1 — HI Code / Division 1 / Title 8 / Chapter 96 / Section 96-1
Definitions.
Status: in_force

(a) "Agency" includes any permanent governmental entity, department, organization, or institution, and any officer, employee, or member thereof acting or purporting to act in the exercise of the officer's, employee's, or member's official duties, except:

(1) The judiciary and its staff;

(2) The legislature, its committees, and its staff;

(3) An entity of the federal government;

(4) A multistate governmental entity;

(5) The governor and the governor's personal staff;

(6) The lieutenant governor and the lieutenant governor's personal staff;

(7) The mayors of the various counties; and

(8) The councils of the various counties.

(b) "Administrative act" includes any action, omission, decision, recommendation, practice, or procedure, but does not include the preparation or presentation of legislation. [L 1967, c 306, §2; HRS §96-1; am L 1974, c 46, §1; gen ch 1985]
Haw. Rev. Stat. § 92F-24 — HI Code / Division 1 / Title 8 / Chapter 92F / Section 92F-24
Right to correct personal record; initial procedure.
Status: in_force

(a) An individual has a right to have any factual error in that person's personal record corrected and any misrepresentation or misleading entry in the record amended by the agency which is responsible for its maintenance.

(b) Within twenty business days after receipt of a written request to correct or amend a personal record and evidence that the personal record contains a factual error, misrepresentation, or misleading entry, an agency shall acknowledge receipt of the request and purported evidence in writing and promptly:

(1) Make the requested correction or amendment; or

(2) Inform the individual in writing of its refusal to correct or amend the personal record, the reason for the refusal, and the agency procedures for review of the refusal. [L 1988, c 262, pt of §1]
Haw. Rev. Stat. § 92-29 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-29
Reproduction of government records.
Status: in_force

Any public officer having the care and custody of any record, paper, or document may cause the same to be photographed, microphotographed, reproduced on film, or copied to an electronic format. Any device or electronic storage system used to copy or reproduce the record, paper, or document shall accurately reflect the information in the original thereof in all details.
Haw. Rev. Stat. § 92-10 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-10
Legislative branch; applicability.
Status: in_force

Notwithstanding any provisions contained in this chapter to the contrary, open meeting requirements, and provisions regarding enforcement, penalties and sanctions, as they are to relate to the state legislature or to any of its members shall be such as shall be from time to time prescribed by the respective rules and procedures of the senate and the house of representatives, which rules and procedures shall take precedence over this part. Similarly, provisions relating to notice, agenda and minutes of meetings, and such other requirements as may be necessary, shall also be governed by the respective rules and procedures of the senate and the house of representatives.
Haw. Rev. Stat. § 98-9 — HI Code / Division 1 / Title 8 / Chapter 98 / Section 98-9
Standards.
Status: in_force

In implementing this chapter, an official publisher of legal material in an electronic record shall consider:

(1) Standards and practices of other jurisdictions;

(2) The most recent standards regarding authentication of, preservation and security of, and public access to, legal material in an electronic record and other electronic records, as promulgated by national standard-setting bodies;

(3) The needs of users of legal material in an electronic record;

(4) The views of governmental officials and entities and other interested persons; and

(5) To the extent practicable, methods and technologies for the authentication of, preservation and security of, and public access to, legal material that are compatible with the methods and technologies used by other official publishers in this State and in other states that have adopted a law substantially similar to this chapter. [L 2013, c 11, pt of §1]
Haw. Rev. Stat. § 96-17 — HI Code / Division 1 / Title 8 / Chapter 96 / Section 96-17
Judicial review, immunity.
Status: in_force

No proceeding or decision of the ombudsman may be reviewed in any court, unless it contravenes the provisions of this chapter. The ombudsman has the same immunities from civil and criminal liability as a judge of this State. The ombudsman and the ombudsman's staff shall not testify in any court with respect to matters coming to their attention in the exercise or purported exercise of their official duties except as may be necessary to enforce the provisions of this chapter.
Haw. Rev. Stat. § 92-83 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-83
Neighborhood board meeting; community outreach board meeting; unanticipated events; public interest.
Status: in_force

An unanticipated event that occurs after public notice of a neighborhood board or community outreach board meeting has been issued, but before the scheduled meeting, may be the subject of discussion at the scheduled meeting if timely action on the matter is necessary for public health, welfare, and safety. At a duly noticed meeting, a board may take action on an unanticipated event in the public interest that is not on the agenda in the same manner as if the board had held an emergency meeting to take action on the issue, pursuant to section 92-8.
Haw. Rev. Stat. § 91-4.2 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-4.2
Rule format; publication of index.
Status: in_force

The revisor of statutes shall:

(1) Prescribe a single format for the publication, filing, and indexing of rules by all state agencies. Among other things, the revisor shall provide for the manner and form, including size, in which the agency rules shall be prepared, printed, and indexed, to the end that all rules, compilations, and codifications shall be prepared and published in a uniform manner at the earliest practicable date. The format shall provide that each rule published shall be accompanied by a reference to the statutory authority pursuant to which the rule is adopted, the statutory section implemented by the rule, if any, and the effective date of the rule; and provide that whenever possible rules should incorporate any applicable sections of the Hawaii Revised Statutes by reference and not print the section in the rule. The stipulated format shall also provide for access by the public to all of the rules with an index, both of which shall be located in the office of the lieutenant governor.

(2) Compile and publish an index to all rules required to be filed with the lieutenant governor with annual supplements. [L 1979, c 216, pt of §2; am L 1980, c 67, §1]
Haw. Rev. Stat. § 98-10 — HI Code / Division 1 / Title 8 / Chapter 98 / Section 98-10
Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Haw. Rev. Stat. § 92-5 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-5
Exceptions.
Status: in_force

(a) A board may hold a meeting closed to the public pursuant to section 92-4 for one or more of the following purposes:

(1) To consider and evaluate personal information relating to individuals applying for professional or vocational licenses cited in section 26-9 or both;

(2) To consider the hire, evaluation, dismissal, or discipline of an officer or employee or of charges brought against the officer or employee, where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held;

(3) To deliberate concerning the authority of persons designated by the board to conduct labor negotiations or to negotiate the acquisition of public property, or during the conduct of such negotiations;

(4) To consult with the board's attorney on questions and issues pertaining to the board's powers, duties, privileges, immunities, and liabilities;

(5) To investigate proceedings regarding criminal misconduct;

(6) To consider sensitive matters related to public safety or security;

(7) To consider matters relating to the solicitation and acceptance of private donations; and

(8) To deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential pursuant to a state or federal law, or a court order.

(b) In no instance shall the board make a decision or deliberate toward a decision in an executive meeting on matters not directly related to the purposes specified in subsection (a). No informal gathering, permitted interaction, or electronic communication shall be used to circumvent the spirit or requirements of this part to make a decision or to deliberate toward a decision upon a matter over which the board has supervision, control, jurisdiction, or advisory power. [L 1975, c 166, pt of §1; am L 1985, c 278, §3; gen ch 1985; am L 1996, c 267, §3; am L 1998, c 48, §1; am L 1999, c 49, §1; am L 2022, c 264, §5]
Haw. Rev. Stat. § 92F-15.5 — HI Code / Division 1 / Title 8 / Chapter 92F / Section 92F-15.5
Alternative method to appeal a denial of access.
Status: in_force

(a) When an agency denies a person access to a government record, the person may appeal the denial to the office of information practices in accordance with rules adopted pursuant to section 92F-42(12). A decision to appeal to the office of information practices for review of the agency denial shall not prejudice the person's right to appeal to the circuit court after a decision is made by the office of information practices.

(b) If the decision is to disclose, the office of information practices shall notify the person and the agency, and the agency shall make the record available. If the denial of access is upheld, in whole or in part, the office of information practices shall, in writing, notify the person of the decision, the reasons for the decision, and the right to bring a judicial action under section 92F-15(a). [L 1989, c 192, §1]
Haw. Rev. Stat. § 91-1 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-1
Definitions.
Status: in_force

For the purpose of this chapter:

"Agency" means each state or county board, commission, department, or officer authorized by law to make rules or to adjudicate contested cases, except those in the legislative or judicial branches.

"Agency hearing" refers only to such hearing held by an agency immediately prior to a judicial review of a contested case as provided in section 91-14.

"Contested case" means a proceeding in which the legal rights, duties, or privileges of specific parties are required by law to be determined after an opportunity for agency hearing.

"Party" means each person named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any court or agency proceeding.

"Persons" includes individuals, partnerships, corporations, associations, agencies, or public or private organizations.

"Rule" means each agency statement of general or particular applicability and future effect that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice requirements of any agency. The term does not include regulations concerning only the internal management of an agency and not affecting private rights of or procedures available to the public, nor does the term include declaratory rulings issued pursuant to section 91-8, nor intra-agency memoranda. [L 1961, c 103, §1; Supp, §6C-1; HRS §91-1; am L 2017, c 110, §1]
Haw. Rev. Stat. § 96-16 — HI Code / Division 1 / Title 8 / Chapter 96 / Section 96-16
Annual report.
Status: in_force

The ombudsman shall submit to the legislature and the public an annual report discussing the ombudsman's activities under this chapter.
Haw. Rev. Stat. § 92F-25 — HI Code / Division 1 / Title 8 / Chapter 92F / Section 92F-25
Correction and amendment; review procedures.
Status: in_force

(a) Not later than thirty business days after receipt of a request for review of an agency refusal to allow correction or amendment of a personal record, the agency shall make a final determination.

(b) If the agency refuses upon final determination to allow correction or amendment of a personal record, the agency shall so state in writing and:

(1) Permit, whenever appropriate, the individual to file in the record a concise statement setting forth the reasons for the individual's disagreement with the refusal of the agency to correct or amend it; and

(2) Notify the individual of the applicable procedures for obtaining appropriate judicial remedy. [L 1988, c 262, pt of §1; am L 1989, c 192, §6]
Haw. Rev. Stat. § 96-11 — HI Code / Division 1 / Title 8 / Chapter 96 / Section 96-11
Consultation with agency.
Status: in_force

Before giving any opinion or recommendation that is critical of an agency or person, the ombudsman shall consult with that agency or person.
Haw. Rev. Stat. § 92F-16 — HI Code / Division 1 / Title 8 / Chapter 92F / Section 92F-16
Immunity from liability.
Status: in_force

Anyone participating in good faith in the disclosure or nondisclosure of a government record shall be immune from any liability, civil or criminal, that might otherwise be incurred, imposed or result from such acts or omissions.
Haw. Rev. Stat. § 92-7 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-7
Notice.
Status: in_force

(a) The board shall give written public notice of any regular, special, emergency, or rescheduled meeting, or any executive meeting when anticipated in advance. The notice shall include an agenda that lists all of the items to be considered at the forthcoming meeting; the date, time, and place of the meeting; the board's electronic and postal contact information for submission of testimony before the meeting; instructions on how to request an auxiliary aid or service or an accommodation due to a disability, including a response deadline, if one is provided, that is reasonable; and in the case of an executive meeting, the purpose shall be stated. If an item to be considered is the proposed adoption, amendment, or repeal of administrative rules, an agenda meets the requirements for public notice pursuant to this section if it contains a statement on the topic of the proposed rules or a general description of the subjects involved, as described in section 91-3(a)(1)(A), and a statement of when and where the proposed rules may be viewed in person and on the Internet as provided in section 91-2.6. The means specified by this section shall be the only means required for giving notice under this part notwithstanding any law to the contrary.

(b) No less than six calendar days before the meeting, the board shall post the notice on an electronic calendar on a website maintained by the State or the appropriate county and post a notice in the board's office for public inspection. The notice shall also be posted at the site of the meeting whenever feasible. The board shall file a copy of the notice with the office of the lieutenant governor or the appropriate county clerk's office and retain a copy of proof of filing the notice, and the office of the lieutenant governor or the appropriate clerk's office shall ensure access to paper or electronic copies of all meeting notices; provided that a failure to do so by the board, the office of the lieutenant governor, or the appropriate county clerk's office shall not require cancellation of the meeting. The copy of the notice to be provided to the office of the lieutenant governor or the appropriate county clerk's office may be provided via electronic mail to an electronic mail address designated by the office of the lieutenant governor or the appropriate county clerk's office, as applicable.

(c) If the written public notice is electronically posted on an electronic calendar less than six calendar days before the meeting, the meeting shall be canceled as a matter of law and shall not be held. The chairperson or the director shall ensure that a notice canceling the meeting is posted at the place of the meeting. If there is a dispute as to whether a notice was timely posted on an electronic calendar maintained by the State or appropriate county, a printout of the electronic time-stamped agenda shall be conclusive evidence of the electronic posting date. The board shall provide a copy of the time-stamped record upon request.

(d) No board shall change the agenda, less than six calendar days prior to the meeting, by adding items thereto without a two-thirds recorded vote of all members to which the board is entitled; provided that no item shall be added to the agenda if it is of reasonably major importance and action thereon by the board will affect a significant number of persons. Items of reasonably major importance not decided at a scheduled meeting shall be considered only at a meeting continued to a reasonable day and time.

(e) The board shall maintain a list of names and postal or electronic mail addresses of persons who request notification of meetings and shall mail or electronically mail a copy of the notice to the persons by the means chosen by the persons at their last recorded postal or electronic mail address no later than the time the agenda is required to be electronically posted under subsection (b). [L 1975, c 166, pt of §1; am L 1976, c 212, §2; am L 1984, c 271, §1; am L 1985, c 278, §4; am L 1995, c 13, §2; am L 2012, c 177, §2; am L 2014, c 68, §1; am L 2017, c 64, §2; am L 2018, c 63, §1; am L 2019, c 244, §2; am L 2021, c 220, §5; am L 2024, c 166, §1]
Haw. Rev. Stat. § 92-25 — HI Code / Division 1 / Title 8 / Chapter 92 / Section 92-25
Fees for copies of pleadings, etc.
Status: in_force

Fees as established by court rules may be charged for the certification of copies of any pleadings, order, or other paper or document filed in any court, or process thereon, or any transcript of testimony, and for the certification of records on appeal in any proceeding in any court; provided that state agencies shall be exempt from the fees; and provided further that limitations on the extent of the exemption may be established by court rules. [RL 1925, pt of §166; am L 1929, c 166, pt of §1; RL 1945, pt of §458; RL 1955, §7-2; HRS §92-25; am L 2010, c 189, §1]
Haw. Rev. Stat. § 91-16 — HI Code / Division 1 / Title 8 / Chapter 91 / Section 91-16
Severability.
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.