Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 1 - STATE ETHICS COMMISSION GENERAL PROVISIONS › Section 21-1-2 - Definitions

Current through June, 2024
As used in title 21, chapters
				1 through
				10, unless the context clearly requires
				otherwise:
''Administrative action" has the same meaning as in section
				97-1, HRS.
"Advisory opinion" means formal written guidance rendered by the
				commission pursuant to a request by any individual as to whether the facts and
				circumstances of that individual's particular case violate or will violate any
				provision of chapter
				84, chapter
				97,
				section
				11-8,
				or section
				11-316,
				HRS.
"Agency" has the same meaning as "stale agency" in section
				84-3, HRS.
"Answer" means the written response by a respondent to a
				charge.
"Charge" means a document signed under oath, or a document signed
				by three or more commissioners, alleging basic facts constituting a violation of
				one or more provisions of chapter
				84 or
				97,
				HRS.
"Commission" means the ethics commission of the State of
				Hawaii.
"Complainant" means a person who has provided unsworn information
				of an alleged violation of chapter
				84 or
				97, HRS,
				or filed a charge,
"Contested case" or "contested hearing" means a proceeding in
				which the legal rights, duties, or privileges of specific parties are required by
				law to be determined after an opportunity for a hearing consistent with chapter
				91, HRS.
"Declaratory order" means a written decision issued after a
				petition by any interested person as to the applicability of any statutory
				provision over which the commission has jurisdiction or of any rule or order of
				the commission.
"Dependent child" means any person who is or could be claimed as
				a dependent for federal or state income lax purposes, or any child under 19 years
				old related to the filer for whom the filer is or could be legally obligated to
				provide financial support.
"Employee" has the same meaning as in section
				84-3, HRS.
"Executive director" means the chief staff member or designee of
				the commission.
"Fiscal officer" means, for the purposes of section
				84-17(c)(2),
				HRS, an employee who exercises significant authority over purchasing or fiscal
				matters or both, including any person with delegated authority to enter into and
				administer contracts and make written determinations with respect thereto. An
				employee who takes only ministerial action will not be considered a fiscal
				officer and will not be required to file a disclosure of financial interests
				pursuant to section
				84-17,
				HRS.
"Legislative action" has the same meaning as in section
				97-1, HRS.
"Lobbying" has the same meaning as in section
				97-1, HRS, and includes
				direct lobbying and grassroots lobbying as defined in section
				21-10-1, but excludes purely
				administrative tasks such as making copies and scheduling meetings.
"Lobbyist" means any individual as defined by section
				97-1, HRS, and includes
				all agents acting on behalf of the lobbyist.
"Participate" means, for the purpose of sections
				84-14,
				84-15, and
				84-18,
				HRS, to take any action, other than an action that is purely ministerial, in
				one's official capacity as an employee or legislator.
"Presiding officer" means the chairperson of the commission, or
				another commissioner or hearing officer as selected by the commission to conduct
				a contested case hearing.
"Purchasing agent" means the same as fiscal officer.
"Redacted" or "redaction" means the omission or deletion of facts
				to prevent disclosing the identity of persons.
"Respondent" means the person who is a subject of a
				charge.