reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 90. State Policy Concerning the Utilization of Volunteer Services › 90-1 Definitions.

§90-1 Definitions.
As used in this chapter, unless the context requires otherwise:
The term "agency" means any state agency within the executive, legislative, and judicial branches, the office of Hawaiian affairs, and any agency within the executive and legislative branches of the several counties.
"Material donor" means any person who of the person's own free will provides funds or materials to an agency.
"Occasional-service volunteer" means any person who offers to provide a one-time, on call or single task service to an agency without receipt of any compensation, except as provided in this chapter.
The term "person" means any individual or organization.
"Regular-service volunteer" means any person engaged in specific voluntary service activities on an on-going or continuous basis to an agency without receipt of any compensation, except as provided in this chapter.
"Stipended volunteer" means any person who by receiving a support allowance is then able to provide voluntary service to an agency. The allowance may be for food, lodging, or other personal living expenses and does not reflect compensation for work performed.
The term "volunteer" means any person who of the person's own free will provides goods or services to an agency with no monetary or material gain and includes material donors, occasional-service, regular-service, and stipended volunteers. Without limiting the generality of the foregoing, the term "volunteer" specifically includes any health care provider accepted in writing by the department of health as a "volunteer" who provides free medical or dental treatment, diagnosis, or advice to indigent and medically underserved patients, whether acting individually or in cooperation with a nonprofit organization. [L 1978, c 10, pt of §2; am L 1982, c 137, §2; gen ch 1985; am L 1994, c 250, §1; am L 1998, c 295, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 90. State Policy Concerning the Utilization of Volunteer Services › 90-2 Scope of chapter; status of volunteers.

§90-2 Scope of chapter; status of volunteers.
(a) An agency may recruit, train, and accept the services of volunteers.
(b) No person shall on the basis of sex, age, race, color, ancestry, religion, national origin, marital status, physical or mental handicap, or political grounds, be excluded from participation in, or be denied the benefits of, any volunteer program or volunteer activity.
(c) Volunteers recruited, trained, or accepted by an agency shall be excluded from any provision of law relating to state or county employment, from any collective bargaining agreement between the State and counties, with any employees' association or union, from any law relating to hours of work, rates of compensation, leaves, and employee benefits, and from any other provision of title 7, except those consistent with this chapter.
(d) An agency may reimburse volunteers for expenses, consistent with the provisions of section 90-4, as deemed necessary to assist volunteers in performing their services.
(e) An agency may designate a person or establish a position to coordinate and administer the volunteer activities of that agency. [L 1978, c 10, pt of §2; am L 1998, c 295, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 90. State Policy Concerning the Utilization of Volunteer Services › 90-4 Volunteer benefits.

§90-4 Volunteer benefits.
Volunteer benefits shall be provided within the limits of an agency's budget as follows:
(1) Meals may be furnished without charge or the cost thereof may be reimbursed to volunteers serving the agency.
(2) Lodging may be furnished temporarily without charge or the cost thereof may be reimbursed to volunteers.
(3) Transportation reimbursement including parking fees, bus and taxi fares may be furnished to volunteers. Mileage reimbursement when provided for shall be furnished at a rate comparable to that of permanent employees performing similar duties. Volunteers may be authorized to use state vehicles in the performance of official state duties.
(4) Solely for the purposes of chapter 662, volunteers are hereby deemed "employees of the State", when acting for an agency in their capacity as volunteers.
(5) Out-service training and conference reimbursement may be furnished for volunteers.
(6) Personal liability insurance coverage may be furnished for volunteers.
(7) Reasonable expenses incurred by volunteers in connection with their assignments may be reimbursed.
(8) Recognition of volunteer service may include a recognition ceremony, certificates, and awards to be determined by the agency. [L 1978, c 10, pt of §2]
Attorney General Opinions
Budgetary limitation does not appear to apply to paragraph (4) in same manner as other listed paragraphs. Att. Gen. Op. 85-8.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 90. State Policy Concerning the Utilization of Volunteer Services › 90-5 Agency reports, required information.

§90-5 Agency reports, required information.
A state agency as part of its annual report to the governor, the legislature, or the chief justice shall include estimates of:
(1) The total number of volunteers and the total number of hours of service broken down into categories of regular-service volunteers, occasional volunteers, stipended volunteers, and material donors.
(2) A list of volunteer job titles used by the agency. [L 1978, c 10, pt of §2; am L 1998, c 295, §3]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 90D. Commission for National and Community Service › 90D-2 Commission for national and community service; establishment.

§90D-2 Commission for national and community service; establishment.
There is established within the University of Hawaii, for administrative purposes only, the [commission for national and community service] to:
(1) Encourage community service and volunteer participation as a means of community and state problem-solving;
(2) Promote and support voluntary citizen involvement in government and private programs throughout the State;
(3) Develop a long-term, comprehensive vision and plan for action for community service initiatives in Hawaii; and
(4) Serve as the State €™s liaison to national and state organizations that support its mission.
The establishment of this commission replaces the commission created by Executive Order 94-01. [L 2002, c 88, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 90D. Commission for National and Community Service › 90D-3 Commission; membership; vacancies.

§90D-3 Commission; membership; vacancies.
(a) Members of the commission shall be appointed by the governor on a bipartisan basis subject to section 26-34. The commission shall consist of not fewer than fifteen and not more than twenty-five members. Not more than fifty per cent of the commission plus one member may be from the same political party. To the extent possible, the commission shall be balanced according to race, ethnicity, age, disability, and gender characteristics. All appointments shall be for three-year terms. Members shall not serve more than two consecutive terms. The commission shall include:
(1) An individual with expertise in the educational, training, and developmental needs of youths, particularly disadvantaged youths;
(2) An individual with experience in promoting the involvement of older adults in service and volunteerism;
(3) A representative of community-based agencies or community-based organizations within the State;
(4) The superintendent of education, or a designee;
(5) A representative of county governments;
(6) A representative of local labor organizations in the State;
(7) A representative of business;
(8) An individual between the ages of sixteen and twenty-five who is a participant or supervisor in a volunteer or service program; and
(9) A representative of a national service program described in Title 42 United States Code section 12572(a), as amended, as a nonvoting, ex officio member.
(b) The commission may include:
(1) Members selected from among local educators;
(2) Members selected from among experts in the delivery of human, educational, environmental, or public safety services to communities and persons;
(3) Members selected from among out-of-school youths or other at-risk youths; and
(4) Representatives of entities that receive assistance under the federal Domestic Volunteer Service Act of 1973.
(c) Not more than twenty-five per cent of commission members may be employees of state government, though additional state agency representatives may sit on the commission as nonvoting, ex officio members.
(d) Vacancies among the members, filled by the governor, shall serve for the remainder of the term.
(e) The members shall serve without compensation, but shall be reimbursed their necessary and reasonable expenses incurred in the performance of their duties, including travel expenses.
(f) Members currently serving under Executive Order 94-01 may be reappointed to a new three-year term and may serve two consecutive terms. [L 2002, c 88, pt of §1; am L 2006, c 56, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 90D. Commission for National and Community Service › 90D-4 Officers.

§90D-4 Officers.
(a) The officers of the commission shall be the chair and vice chair. All officers shall be elected by the voting commission members from among their ranks and shall serve for a term of one year. Vacancies in any offices shall be filled with an election by the commission for the remainder of the unexpired term.
(b) The chair shall:
(1) Preside at all meetings of the commission;
(2) Appoint all committee chairs;
(3) Assist all chairs in the planning of committee activities;
(4) Supervise all chairs as to the management of committee plans;
(5) Authorize and execute the wishes of the commission; and
(6) Be an ex officio member of all committees.
(c) The vice chair shall assist the chair, and, in the absence of the chair, perform the duties of the chair. The vice chair shall accept special assignments from the chair and perform other duties as delegated by the commission. [L 2002, c 88, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 90D. Commission for National and Community Service › 90D-5 Meetings.

§90D-5 Meetings.
The commission shall meet at least quarterly. Failure to attend at least seventy-five per cent of called meetings in any calendar year shall result in removal from the commission. A quorum shall consist of a simple majority of voting members. All meetings of the commission shall be conducted subject to chapter 92. [L 2002, c 88, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 90D. Commission for National and Community Service › 90D-8 Staff.

§90D-8 Staff.
The commission may establish and fill the following positions:
(1) One executive director;
(2) One senior program officer;
(3) Two program officers;
(4) One accountant; and
(5) One secretary.
The commission may hire additional staff to assist in the performance of its duties and responsibilities. The staff of the commission shall be hired without regard to chapter 76; provided that staff shall be eligible for participation in state employee benefit plans. [L 2002, c 88, pt of §1]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 91. Administrative Procedure › 91-2 Public information.

§91-2 Public information.
(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]
Case Notes
"Actual knowledge" referred to in section cannot give effect to rules not adopted in conformity with §91-3 and §91-4. 55 H. 478, 522 P.2d 1255.
Planning and permitting department's policy of refusing to publicly disclose developer's engineering reports prior to their approval constituted a "rule"; as this policy was not "published or made available for public inspection" nor did plaintiff have actual knowledge of the policy prior to its initial request for the reports, department did not comply with this chapter and was proscribed from invoking this policy; thus, department violated this chapter by refusing to publicly disclose any unaccepted engineering reports and written comments, and all of its files, including developer's file, were public records that could be examined upon request. 119 H. 90, 194 P.3d 531.
Cited: 904 F. Supp. 1098.
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 91. Administrative Procedure › 91-2.5 Fees for proposed and final rules.

§91-2.5 Fees for proposed and final rules.
(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)]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 91. Administrative Procedure › 91-2.6 Proposed rulemaking actions and rules; posting on the lieutenant governor's internet website.

§91-2.6 Proposed rulemaking actions and rules; posting on the lieutenant governor's internet website.
(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)]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 91. Administrative Procedure › 91-4.1 Rulemaking actions; copies in Ramseyer format.

§91-4.1 Rulemaking actions; copies in Ramseyer format.
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. [L 1979, c 216, pt of §2; am L 1994, c 279, §5; am L 1999, c 301, §2(3)]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 91. Administrative Procedure › 91-4.2 Rule format; publication of index.

§91-4.2 Rule format; publication of index.
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]
Note
"Rules and Regulations Governing the Filing of Rules and Regulations by State and County Officers in the Office of the Lieutenant Governor as Required by Law", effective December 27, 1961, are superseded. L 1980, c 67, §2.
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 91. Administrative Procedure › 91-4.3 Price.

§91-4.3 Price.
(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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 91. Administrative Procedure › 91-4.4 Form of publication.

§91-4.4 Form of publication.
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. [L 1979, c 216, pt of §2]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 91. Administrative Procedure › 91-5 Publication of rules.

§91-5 Publication of rules.
(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)]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 91. Administrative Procedure › 91-6 Petition for adoption, amendment or repeal of rules.

§91-6 Petition for adoption, amendment or repeal of rules.
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. [L 1961, c 103, §6; Supp, §6C-6; HRS §91-6]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 91. Administrative Procedure › 91-8 Declaratory rulings by agencies.

§91-8 Declaratory rulings by agencies.
Any interested person may petition an agency for a declaratory order as to the applicability of any statutory provision or of any rule or order of the agency. Each agency shall adopt rules prescribing the form of the petitions and the procedure for their submission, consideration, and prompt disposition. Orders disposing of petitions in such cases shall have the same status as other agency orders. [L 1961, c 103, §8; Supp, §6C-8; HRS §91-8]
Case Notes
Hawaii public employment relations board was empowered to make declaratory ruling regarding whether violation of collective bargaining agreement is a prohibited practice. 60 H. 436, 591 P.2d 113.
Where an agency employee's only interest in obtaining a declaratory ruling from that agency stems from his or her work as an agency employee, that interest is insufficient to satisfy this section's standing requirements; where executive director's interest in filing the petition stemmed from the director's work as executive director, the Hawaii civil rights commission did not have jurisdiction to issue a declaratory order on the petition. 104 H. 158, 86 P.3d 449.
Orders disposing of petitions for declaratory rulings under this section are appealable to the circuit court pursuant to §91-14; thus, circuit court had proper jurisdiction to review Hawaii labor relations board order. 107 H. 178, 111 P.3d 587.
As both the title and the pertinent text make clear, the declaratory ruling procedure of this section is meant to provide a means of seeking a determination of whether and in what way some statute, agency rule, or order, applies to the factual situation raised by an interested person; it was not intended to allow review of concrete agency decisions for which other means of review are available. 114 H. 184, 159 P.3d 143.
Where insurance commissioner's decision was appealable pursuant to §91-14 because it was an order disposing of a petition brought pursuant to this section, and plaintiff was a "person aggrieved" by the commissioner's decision because it faced increased competition from allegedly improperly licensed competitors in the managed care plan contract process, and the decision held that plaintiff's competitors were in fact properly licensed to offer the services required under those contracts, plaintiff had standing to appeal the insurance commissioner's decision. 126 H. 326, 271 P.3d 621.
Out-of-state sex offender's pro se letter to state Attorney General inquiring as to whether the offender's offense was a "covered offense" that triggered a requirement to register if the offender vacationed in Hawaii should have been liberally construed as a petition for a declaratory ruling, notwithstanding that the offender mis-cited the appropriate statutory provision, where offender's letter to the appropriate agency unequivocally and timely sought to initiate administrative proceedings provided for by statute. 135 H. 390, 351 P.3d 1156 (2015).
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 91. Administrative Procedure › 91-8.5 Mediation in contested cases.

§91-8.5 Mediation in contested cases.
(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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 91. Administrative Procedure › 91-9.5 Notification of hearing; service.

§91-9.5 Notification of hearing; service.
(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]
Case Notes
For purposes of conducting a public hearing on a liquor license application, the notice provisions of §281-57 control over those in this section. 118 H. 320, 189 P.3d 432.
2023 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.
2023 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]
2023 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.
2023 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]
2023 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]
2023 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).
2023 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).
2023 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.
"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]
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.
2023 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 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. [L 1975, c 166, pt of §1; am L 1985, c 278, §1; am L 2022, c 264, §4]
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.
2023 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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92. Public Agency Meetings and Records › 92-4 Executive meetings.

§92-4 Executive meetings.
(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]
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).
2023 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.
2023 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, but no later than forty-eight hours before the meeting time, 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. 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; am L 2022, c 264, §6]
2023 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]
2023 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.
2023 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]