reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92F. Uniform Information Practices Act (Modified) › 92F-43 Agency appeal of a decision by the office of information practices.

§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]
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 › 93. Government Publications › 93-1 Establishment of state publications distribution center.

§93-1 Establishment of state publications distribution center.
There shall be established within the public library system and under the direction of the state librarian a state publications distribution center for depositing and distributing government publications and for promoting an orderly depository library system for state and county publications. [L 1965, c 175, pt of §2(b); Supp, §13-20; HRS §93-1; am L 1981, c 150, §2]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 93. Government Publications › 93-2 Definitions.

§93-2 Definitions.
"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]
Attorney General Opinions
"Publication" includes agency administrative rules. Att. Gen. Op. 85-15.
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 93. Government Publications › 93-3 Deposit of publications.

§93-3 Deposit of publications.
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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 93. Government Publications › 93-4 Depository library system.

§93-4 Depository library system.
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. [L 1965, c 175, pt of §2(b); Supp, §13-23; HRS §93-4]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 93. Government Publications › 93-4.5 Notification when electronic publications posted.

§93-4.5 Notification when electronic publications posted.
Every state and county agency shall immediately notify the state publications distribution center with identification and location information for each electronic publication made available on a public networked information system such as the Internet. [L 2012, c 63, §2]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 93. Government Publications › 93-11 Disposition of statutes and court reports.

§93-11 Disposition of statutes and court reports.
In addition to the copies of Hawaii Revised Statutes and Hawaii reports that may be disposed of by sale, exchange, or presentation to public officers for official use, copies of each volume may be presented to libraries of educational, historical, or scientific institutions or other libraries of a public or quasi-public nature in the State and elsewhere. [L 1907, c 16, §1; am L 1919, c 29, §1; RL 1925, §27; RL 1935, §28; RL 1945, §28; RL 1955, §13-2; HRS §93-11; am L 2012, c 63, §5]
Cross References
Statutes distributed by lieutenant governor, see §23G-18.
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 93. Government Publications › 93-12 Annual reports.

§93-12 Annual reports.
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. [L 1961, c 42, §1; Supp, §7-46; HRS §93-12; am L 1985, c 71, §2]
Cross References
Publication of reports by department of taxation, see §231-3.4.
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 93. Government Publications › 93-15 Legislative journals; sale and distribution.

§93-15 Legislative journals; sale and distribution.
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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 93. Government Publications › 93-16 Publication and distribution of reports.

§93-16 Publication and distribution of reports.
(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.
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 94. Public Archives; Disposal of Records › 94-1 Duties of department.

§94-1 Duties of department.
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. [L 1905, c 24, §2; RL 1945, §31; am L 1945, c 238, §1; RL 1955, §13-5; am L Sp 1959 2d, c 1, §12; HRS §94-1; am L 2013, c 88, §2]
Cross References
General authority of department, see §26-6.
Case Notes
Cited: 35 H. 608, 619.
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 94. Public Archives; Disposal of Records › 94-1.1 Definitions.

§94-1.1 Definitions.
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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 94. Public Archives; Disposal of Records › 94-1.2 The state archivist. 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]

§94-1.2
The state archivist.
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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 94. Public Archives; Disposal of Records › 94-3 Disposal of government records generally.

§94-3 Disposal of government records generally.
(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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 94. Public Archives; Disposal of Records › 94-4 Certificate to same.

§94-4 Certificate to same.
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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 94. Public Archives; Disposal of Records › 94-5 Disposal of examination records.

§94-5 Disposal of examination records.
All statutory boards or commissions authorized or empowered to hold examinations for candidates or applicants shall preserve all records of each examination, including, without prejudice to the generality of the foregoing, applications, questions, answers, and grades, until after the end of the legislative session following the examination. [L 1941, c 198, §1; RL 1945, §461; RL 1955, §7-9; HRS §94-5]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 94. Public Archives; Disposal of Records › 94-7 Access to restricted records in the state archives.

§94-7 Access to restricted records in the state archives.
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. [L 1989, c 79, §1; am L 1991, c 145, §2]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 94. Public Archives; Disposal of Records › 94-8 State archives preservation and long-term access special fund; state archives preservation fee

§94-8 State archives preservation and long-term access special fund; state archives preservation fee
. (a) There shall be established in the state treasury the state archives preservation and long-term access special fund for the preservation of and long-term access to government records.
(b) All revenues collected from fees for services provided by the state archives shall be deposited in the state archives preservation and long-term access special fund and be expended by the comptroller to carry out the purposes of this section, including funding for staff positions and for administrative and operational costs of the program. All interest earned or accrued on moneys deposited in the fund shall become part of the fund.
(c) In addition to any other fee authorized by law, a state archives preservation fee of $1 shall be assessed for each document that is filed or registered by members of the public with a governmental entity and listed on an authorized records retention and disposition schedule as permanent. The preservation fee shall be collected and deposited in the state archives preservation and long-term access special fund and used to preserve and keep accessible electronic records of such documents in a usable state for the good of the public. [L 2013, c 88, pt of §1]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 96. The Ombudsman › 96-1 Definitions.

§96-1 Definitions.
(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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 96. The Ombudsman › 96-2 Ombudsman; office established, appointment, tenure, removal, qualifications, salary, vacancy.

§96-2 Ombudsman; office established, appointment, tenure, removal, qualifications, salary, vacancy.
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]
Attorney General Opinions
Funds for operation of office constitute funds for "expenses of the legislature" within meaning of Const., Art. VI, §5. Att. Gen. Op. 69-4.
Law Journals and Reviews
The Ombudsman in Hawaii: The Basic Premises. 7 HBJ 17.
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 96. The Ombudsman › 96-3 Assistance, staff, delegation, funding.

§96-3 Assistance, staff, delegation, funding.
(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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 96. The Ombudsman › 96-4 Procedure.

§96-4 Procedure.
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. [L 1967, c 306, §5; HRS §96-4; gen ch 1985]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 96. The Ombudsman › 96-5 Jurisdiction.

§96-5 Jurisdiction.
The ombudsman has jurisdiction to investigate the administrative acts of agencies and the ombudsman may exercise the ombudsman's powers without regard to the finality of any administrative act. [L 1967, c 306, §6; HRS §96-5; gen ch 1985]
Attorney General Opinions
Ombudsman has no jurisdiction over employee complaints covered by collective bargaining agreements executed under chapter 89. Att. Gen. Op. 73-6.
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 96. The Ombudsman › 96-6 Investigation of complaints.

§96-6 Investigation of complaints.
(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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 96. The Ombudsman › 96-7 Notice to complainant and agency.

§96-7 Notice to complainant and agency.
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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 96. The Ombudsman › 96-8 Appropriate subjects for investigation.

§96-8 Appropriate subjects for investigation.
An appropriate subject for investigation is an administrative act of an agency which might be:
(1) Contrary to law;
(2) Unreasonable, unfair, oppressive, or unnecessarily discriminatory, even though in accordance with law;
(3) Based on a mistake of fact;
(4) Based on improper or irrelevant grounds;
(5) Unaccompanied by an adequate statement of reasons;
(6) Performed in an inefficient manner; or
(7) Otherwise erroneous.
The ombudsman may investigate to find an appropriate remedy. [L 1967, c 306, §9; HRS §96-8]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 96. The Ombudsman › 96-9 Investigation procedures.

§96-9 Investigation procedures.
(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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 96. The Ombudsman › 96-10 Powers.

§96-10 Powers.
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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 96. The Ombudsman › 96-12 Procedure after investigation.

§96-12 Procedure after investigation.
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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 96. The Ombudsman › 96-13 Publication of recommendations.

§96-13 Publication of recommendations.
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. [L 1967, c 306, §14; HRS §96-13; gen ch 1985]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 96. The Ombudsman › 96-14 Notice to the complainant.

§96-14 Notice to the complainant.
After a reasonable time has elapsed, the ombudsman shall notify the complainant of the actions taken by the ombudsman and by the agency. [L 1967, c 306, §15; HRS §96-14; gen ch 1985]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 96. The Ombudsman › 96-15 Misconduct by agency personnel.

§96-15 Misconduct by agency personnel.
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. [L 1967, c 306, §16; HRS §96-15; gen ch 1985; am L 1996, c 52, §2]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 96. The Ombudsman › 96-17 Judicial review, immunity.

§96-17 Judicial review, immunity.
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. [L 1967, c 306, §18; HRS §96-17; gen ch 1985]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 96. The Ombudsman › 96-18 Agencies may not open letters to ombudsman.

§96-18 Agencies may not open letters to ombudsman.
A letter to the ombudsman from a person held in custody by an agency shall be forwarded immediately, unopened, to the ombudsman. [L 1967, c 306, §19; HRS §96-18]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 96. The Ombudsman › 96-19 Penalty for obstruction.

§96-19 Penalty for obstruction.
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. [L 1967, c 306, §20; HRS §96-19; gen ch 1985]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 97. Lobbyists › 97-2.2 Mandatory lobbyist training.

§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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 97. Lobbyists › 97-2.5 Renewal of registration.

§97-2.5 Renewal of registration.
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. [L 1980, c 129, §1(c); am L 1982, c 105, §3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 97. Lobbyists › 97-4 Manner of filing; public records.

§97-4 Manner of filing; public records.
All statements required by this chapter to be filed with the state ethics commission:
(1) Shall be deemed properly filed when delivered or deposited in an established post office within the prescribed time; duly stamped, registered, or certified; and directed to the state ethics commission; provided that in the event it is not received, a duplicate of the statement shall be promptly filed upon notice by the state ethics commission of its nonreceipt; and
(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. [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]
Note
The 2023 amendment applies to all disclosures that were filed before March 31, 2023, and that are in the state ethics commission's possession and control. L 2023, c 9, §4.
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 97. Lobbyists › 97-4.5 Lobbyist list.

§97-4.5 Lobbyist list.
All lobbyist registration statements shall be posted on the state ethics commission's website within a reasonable time after filing, and may be removed from the website after four years. [L 1980, c 129, §1(f); am L 2017, c 51, §5]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 97. Lobbyists › 97-5 Restricted activities.

§97-5 Restricted activities.
(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 state 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) For the purposes of this section, "elected official" has the same meaning as in section 11-342. [L 1975, c 160, pt of §1; am L 2023, c 128, §3]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 97. Lobbyists › 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]

§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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 97. Lobbyists › 97-7 Penalties; administrative fines.

§97-7 Penalties; administrative fines.
(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 $1,000 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; or
(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. [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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 98. Uniform Electronic Legal Material Act › 98-2 Definitions.

§98-2 Definitions.
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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 98. Uniform Electronic Legal Material Act › 98-3 Applicability.

§98-3 Applicability.
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]. [L 2013, c 11, pt of §1]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 98. Uniform Electronic Legal Material Act › 98-4 Legal material in official electronic record.

§98-4 Legal material in official electronic record.
(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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 98. Uniform Electronic Legal Material Act › 98-5 Authentication of official electronic record.

§98-5 Authentication of official electronic record.
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. [L 2013, c 11, pt of §1]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 98. Uniform Electronic Legal Material Act › 98-6 Effect of authentication.

§98-6 Effect of authentication.
(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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 98. Uniform Electronic Legal Material Act › 98-7 Preservation and security of legal material in official electronic record.

§98-7 Preservation and security of legal material in official electronic record.
(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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 98. Uniform Electronic Legal Material Act › 98-8 Public access to legal material in official electronic record.

§98-8 Public access to legal material in official electronic record.
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. [L 2013, c 11, pt of §1]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 98. Uniform Electronic Legal Material Act › 98-9 Standards.

§98-9 Standards.
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]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 98. Uniform Electronic Legal Material Act › 98-10 Uniformity of application and construction.

§98-10 Uniformity of application and construction.
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. [L 2013, c 11, pt of §1]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 98. Uniform Electronic Legal Material Act › 98-11 Relation to Electronic Signatures in Global and National Commerce Act.

§98-11 Relation to Electronic Signatures in Global and National Commerce Act.
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). [L 2013, c 11, pt of §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 101. Eminent Domain › 101-1 Definitions.

§101-1 Definitions.
In this part, except where the context otherwise requires:
"County" means a county (except the county of Kalawao) and any agency of a county, including the board of water supply thereof, duly authorized to exercise the power of eminent domain.
"Plaintiff" means the State or any county or the public utility or other authority duly authorized to exercise the power of eminent domain.
"State" means the State or any agency of the State duly authorized to exercise the power of eminent domain. [L 1951, c 12, §1(a); RL 1955, §8-1; HRS §101-1]
Revision Note
Numeric designations deleted.
Law Journals and Reviews
Eminent Domain and Serrated Power. 39 UH L. Rev. 171 (2016).