reglab/housing_qa huggingface dataset:
HI Rev Stat § 91-13 (2021)
2021 Hawaii Revised Statutes|Title 8. Public Proceedings and Records|91. Administrative Procedure|91-13 Consultation by officials of agency.

 §91-13 Consultation by officials of agency. 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. [L 1961, c 103, §13; Supp, §6C-13; HRS §91-13] Attorney General Opinions  A division chief acting as a hearings officer must comply with this section, and may not consult any person in or outside of the division on any issue of fact, with the exception of ex parte matters authorized by law. Att. Gen. Op. 98-6. Case Notes  Where director's violation of this section by consulting materials and individuals outside the record did not prejudice appellant's substantial rights, harmless error. 87 H. 217, 953 P.2d 1315.
HI Rev Stat § 91-13.1 (2021)
2021 Hawaii Revised Statutes|Title 8. Public Proceedings and Records|91. Administrative Procedure|91-13.1 Administrative review of denial or refusal to issue license or certificate of registration.

 §91-13.1 Administrative review of denial or refusal to issue license or certificate of registration. 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. [L 1986, c 181, §1; am L 1994, c 279, §7]
HI Rev Stat § 91-15 (2021)
2021 Hawaii Revised Statutes|Title 8. Public Proceedings and Records|91. Administrative Procedure|91-15 Appeals.

 §91-15 Appeals. Review of any final judgment of the circuit court or, if applicable, the environmental court, under this chapter shall be governed by chapter 602. [L 1961, c 103, §15; Supp, §6C-15; HRS §91-15; am L 1979, c 111, §10; am L 2014, c 218, §5] Case Notes  Defendants argued they lacked fair notice of illegal conduct because code book was never adopted pursuant to these sections. 824 F.2d 780.  An administrative agency is "an aggrieved party" from a judgment which overturns a decision of the agency with respect to implementation of legislation. 60 H. 436, 591 P.2d 113.  Standard used by appellate court when reviewing circuit court's review of agency decision. 4 H. App. 633, 675 P.2d 784.
HI Rev Stat § 91-16 (2021)
2021 Hawaii Revised Statutes|Title 8. Public Proceedings and Records|91. Administrative Procedure|91-16 Severability.

 §91-16 Severability. 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. [L 1961, c 103, §16; Supp, §6C-16; HRS §91-16]
HI Rev Stat § 91-17 (2021)
2021 Hawaii Revised Statutes|Title 8. Public Proceedings and Records|91. Administrative Procedure|91-17 Federal aid.

 §91-17 Federal aid. The provisions of section 91-14 shall not be applicable where such applicability would jeopardize federal aid or grants of assistance. [L 1961, c 103, §19; Supp, §6C-17; HRS §91-17]
HI Rev Stat § 91-18 (2021)
2021 Hawaii Revised Statutes|Title 8. Public Proceedings and Records|91. Administrative Procedure|91-18 Short title.

 §91-18 Short title. This chapter may be cited as the Hawaii Administrative Procedure Act. [L 1961, c 103, §20; Supp, §6C-18; HRS §91-18]
HI Rev Stat § 92-1 (2021)
2021 Hawaii Revised Statutes|Title 8. Public Proceedings and Records|92. Public Agency Meetings and Records|92-1 Declaration of policy and intent.

Attorney General Opinions Department of agriculture advisory committee on plants and animals subject to provisions of this part; subcommittees not subject to this part. Att. Gen. Op. 90-7. Law Journals and Reviews Hawai`i's Sunshine Law Compliance Criteria. 26 UH L. Rev. 21.  2013 Law and Administrative Rules Governing Appeal Procedures of Hawaii's Office of Information Practices. 36 UH L. Rev. 271 (2014).  §92-1 Declaration of policy and intent. In a democracy, the people are vested with the ultimate decision-making power. Governmental agencies exist to aid the people in the formation and conduct of public policy. Opening up the governmental 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 governmental agencies - shall be conducted as openly as possible. To implement this policy the legislature declares that:  (1) It is the intent of this part to protect the people's right to know;  (2) The provisions requiring open meetings shall be liberally construed; and  (3) The provisions providing for exceptions to the open meeting requirements shall be strictly construed against closed meetings. [L 1975, c 166, pt of §1] Attorney General Opinions  This section and sections 92-7 and 92-9 require commission to specify subject matter of items on public meeting agenda. Att. Gen. Op. 85-2.  Interpretation of "board" as excluding county council would be inconsistent with policy and intent of sunshine law. Att. Gen. Op. 86-5. Case Notes  Based on the office of information practices' construction of the sunshine law as well as the legislative history of §92-7(d), the land use commission and Maui county council did not violate the sunshine law by continuing and reconvening meetings beyond a single continuance without requiring a new agenda and additional public testimony to be accepted at every continued meeting. However, while the legislature did not expressly limit the number of continuances permissible under §92-7(d), the legislative history and text of the sunshine law demonstrates that boards are constrained at all times by the spirit of and purpose of the sunshine law, as stated in this section. 130 H. 228, 307 P.3d 1174 (2013).
HI Rev Stat § 92-1.5 (2021)
2021 Hawaii Revised Statutes|Title 8. Public Proceedings and Records|92. Public Agency Meetings and Records|92-1.5 Administration of this part.

  §92-1.5 Administration of this part. 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. [L 1998, c 137, §2; am L 2012, c 176, §2] Law Journals and Reviews  2013 Law and Administrative Rules Governing Appeal Procedures of Hawaii's Office of Information Practices. 36 UH L. Rev. 271 (2014).
HI Rev Stat § 92-2 (2021)
2021 Hawaii Revised Statutes|Title 8. Public Proceedings and Records|92. Public Agency Meetings and Records|92-2 Definitions.

 §92-2 Definitions. 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.  "Chance meeting" means a social or informal assemblage of two or more members at which matters relating to official 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] Attorney General Opinions  Trustees of travel agency recovery fund comprise board subject to sunshine law. Att. Gen. Op. 85-14.  Associated Students of University of Hawaii not a "board" subject to sunshine law. Att. Gen. Op. 85-18.  "Board" includes committees or subgroups of the board. Att. Gen. Op. 85-27.  County council is a "board". Att. Gen. Op. 86-5.  Agency's retreat would be a "meeting" subject to sunshine law. Att. Gen. Op. 86-19. Law Journals and Reviews  Hawai`i's Sunshine Law Compliance Criteria. 26 UH L. Rev. 21.
HI Rev Stat § 92-3 (2021)
2021 Hawaii Revised Statutes|Title 8. Public Proceedings and Records|92. Public Agency Meetings and Records|92-3 Open meetings.

 §92-3 Open meetings. 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 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. The boards may provide for reasonable administration of oral testimony by rule. [L 1975, c 166, pt of §1; am L 1985, c 278, §1] Attorney General Opinions  Sunshine law applies to meeting of standing or select committee of board of regents of University of Hawaii. Att. Gen. Op. 85-27.  Opportunity to present testimony, when it must be afforded; cannot delegate committee to hear testimony. Att. Gen. Op. 86-5. Case Notes  Rule regarding confidentiality of development proposals neither conflicted with nor contradicted €œmandate € of either this section or the Sunshine Law, chapter 92, as a whole; plaintiff not entitled to disclosure of development proposals under those statutory provisions. 74 H. 365, 846 P.2d 882.
HI Rev Stat § 92-3.1 (2021)
2021 Hawaii Revised Statutes|Title 8. Public Proceedings and Records|92. Public Agency Meetings and Records|92-3.1 Limited meetings

  §92-3.1 Limited meetings. (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]
HI Rev Stat § 92-4 (2021)
2021 Hawaii Revised Statutes|Title 8. Public Proceedings and Records|92. Public Agency Meetings and Records|92-4 Executive meetings.

 §92-4 Executive meetings. A board may hold an executive meeting 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 closed to the public shall be recorded, and entered into the minutes of the meeting. [L 1975, c 166, pt of §1; am L 1985, c 278, §2] Attorney General Opinions  Transcript of agency hearing is a public record. Att. Gen. Op. 64-4.  Executive meeting to develop criteria for superintendent of education position may not be closed. Att. Gen. Op. 75-11. Case Notes  Certain police records not public records. 42 H. 14, (decided prior to enactment of section).
HI Rev Stat § 92-6 (2021)
2021 Hawaii Revised Statutes|Title 8. Public Proceedings and Records|92. Public Agency Meetings and Records|92-6 Judicial branch, quasi-judicial boards and investigatory functions; applicability.

  §92-6 Judicial branch, quasi-judicial boards and investigatory functions; applicability. (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] Cross References  Civil service commission, see definition of "merit appeals board" in §76-11. See also §26-5. Rules of Court  Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(12). Case Notes  County planning commission's closed deliberations permissible under this section despite open meeting mandate of section 92-3. 64 H. 431, 643 P.2d 55.  Adjudicatory functions include adoption of conclusions of law. 4 H. App. 633, 675 P.2d 784.
HI Rev Stat § 92-7.5 (2021)
2021 Hawaii Revised Statutes|Title 8. Public Proceedings and Records|92. Public Agency Meetings and Records|92-7.5 Board packet; filing; public inspection; notice.

  §92-7.5 Board packet; filing; public inspection; notice. At the time the board packet is distributed to the board members, the board shall also make the board packet available for public inspection in the board's office. The board shall provide notice to persons requesting notification of meetings pursuant to section 92-7(e) 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 is not required to mail board packets. As soon as practicable, the board shall accommodate requests for electronic access to the board packet.  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. [L 2017, c 64, §1]
HI Rev Stat § 92-10 (2021)
2021 Hawaii Revised Statutes|Title 8. Public Proceedings and Records|92. Public Agency Meetings and Records|92-10 Legislative branch; applicability.

 §92-10 Legislative branch; applicability. 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. [L 1975, c 166, pt of §1]
HI Rev Stat § 92-11 (2021)
2021 Hawaii Revised Statutes|Title 8. Public Proceedings and Records|92. Public Agency Meetings and Records|92-11 Voidability.

 §92-11 Voidability. 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. [L 1975, c 166, pt of §1; am L 2005, c 84, §2] Case Notes  Respondent Maui county council's first reading of bills did not constitute a "final action" that is subject to invalidation under this section, as a second and final reading was required under the Maui county charter for respondent to carry out its authority on the matter; "final action" in the context of this section means "the final vote required to carry out the board's authority on the matter". 130 H. 228, 307 P.3d 1174 (2013).  Violation not wilful. 4 H. App. 633, 675 P.2d 784.
HI Rev Stat § 92-13 (2021)
2021 Hawaii Revised Statutes|Title 8. Public Proceedings and Records|92. Public Agency Meetings and Records|92-13 Penalties.

 §92-13 Penalties. 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. [L 1975, c 166, pt of §1]
HI Rev Stat § 92-15 (2021)
2021 Hawaii Revised Statutes|Title 8. Public Proceedings and Records|92. Public Agency Meetings and Records|92-15 Boards and commissions; quorum; number of votes necessary to validate acts.

Note The sections of this part are renumbered to eliminate duplication of the section numbers in Part I, as enacted by L 1975, c 166.  §92-15 Boards and commissions; quorum; number of votes necessary to validate acts. Whenever the number of members necessary to constitute a quorum to do business, or the number of members necessary to validate any act, of any board or commission of the State or of any political subdivision thereof, is not specified in the law or ordinance creating the same or in any other law or ordinance, a majority of all the members to which the board or commission is entitled shall constitute a quorum to do business, and the concurrence of a majority of all the members to which the board or commission is entitled shall be necessary to make any action of the board or commission valid; provided that due notice shall have been given to all members of the board or commission or a bona fide attempt shall have been made to give the notice to all members to whom it was reasonably practicable to give the notice. This section shall not invalidate any act of any board or commission performed prior to April 20, 1937, which, under the general law then in effect, would otherwise be valid. [L 1937, c 40, §1; RL 1945, §482; RL 1955, §7-26; HRS §92-11; ren §92-15] Attorney General Opinions  "Concurrence" means affirmative vote, not abstention. Att. Gen. Op. 85-11. Case Notes  Where the required majority exists without the vote of the disqualified member, disqualified member's participation will not invalidate the result. 63 H. 222, 624 P.2d 1353.
HI Rev Stat § 92-15.5 (2021)
2021 Hawaii Revised Statutes|Title 8. Public Proceedings and Records|92. Public Agency Meetings and Records|92-15.5 Nonattendance of board member; expiration of term.

  §92-15.5 Nonattendance of board member; expiration of term. (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]