reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 34 - PRACTICE AND PROCEDURE FOR ADMINISTRATIVE PROCESS › Subchapter 2 - PROCEDURES › Section 5-34-25 - Clerical mistakes, oversight, and omissions

Current through June, 2024
Clerical mistakes in orders or other parts of the record
					 and errors therein arising from oversight or omission may be corrected by the
					 hearings officer at any time, sua sponte, or on the motion or request of any
					 party and after such notice, if any, as the hearings officer orders. During the
					 pendency of an appeal, such mistakes may be so corrected before the appeal is
					 docketed in the family court, and thereafter while the appeal is pending may so
					 corrected leave of the family court.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 1 - GENERAL PROVISIONS › Section 5-51-1 - Purpose

Current through June, 2024
This chapter shall govern the practice and procedure for
					 the filing and processing of petitions for administrative forfeiture, pursuant
					 to section
					 712A-10,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 1 - GENERAL PROVISIONS › Section 5-51-2 - Definitions

Current through June, 2024
The definitions set forth in chapter
					 712A, Hawaii Revised Statutes, are
					 incorporated herein by reference.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 2 - PETITIONS FOR ADMINISTRATIVE FORFEITURE › Section 5-51-21 - Petitions for administrative forfeiture

Current through June, 2024
(a) In addition to
				  the requirements set forth in section
				  712A-10,
				  Hawaii Revised Statutes, the petition for administrative forfeiture provided in
				  section
				  712A-10(1),
				  Hawaii Revised Statutes, shall include:
(1)
				  An itemized listing of all property subject to forfeiture in the
				  caption;
(2) The estimated value of
				  each item and the aggregate value of all subject property listed in the
				  caption;
(3) The vehicle
				  identification number of any vehicle listed in the caption (if no vehicle
				  identification number can be ascertained, the petition shall include a
				  statement setting forth the reason why the vehicle identification number is not
				  ascertainable);
(4) A statement
				  that all requirements and deadlines of chapter
				  712A, Hawaii Revised Statutes, have
				  been met;
(5) A statement setting
				  forth the applicable covered offense(s) and any lesser included offense(s) upon
				  which the property is subject to forfeiture pursuant to section
				  712A-4, Hawaii
				  Revised Statutes, and the basis for the forfeiture pursuant to section
				  712A-5,
				  Hawaii Revised Statutes;
(6) A
				  statement of relevant facts sufficient to support a finding of probable cause
				  for forfeiture of the property pursuant to section
				  712A-6,
				  Hawaii Revised Statutes;
(7) The
				  identity of all persons who have an interest in the property;
(8) A statement setting forth the interest in
				  the subject property held by each person known to have an interest in the
				  subject property as defined in section
				  712A-1, Hawaii
				  Revised Statutes; and
(9) Copies of
				  all police reports pertaining to the covered offense(s) and any other
				  documentation relevant to supporting a finding of probable cause as to the
				  covered offense(s) as set forth in the petition shall be submitted as a
				  separate document. Any police report or other confidential documentation
				  submitted pursuant to this subsection shall be protected from disclosure as
				  provided by law.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 2 - PETITIONS FOR ADMINISTRATIVE FORFEITURE › Section 5-51-22 - Refiled petitions for administrative forfeiture

Current through June, 2024
(a) A petition dismissed without prejudice
				  may be refiled if filed with the attorney general within forty-five days of the
				  date of the dismissal. Any and all refiled petitions shall comply with the
				  filing requirements set forth in subchapter
				  2.
(b) The prosecuting attorney shall be barred
				  from refiling a petition if the petition is not refiled within the
				  forty-five-day deadline provided in section 5-51-22(a), unless the prosecuting
				  attorney establishes good cause for failing to timely refile.
(c) There shall be no appeal from the
				  attorney general's decision or order pursuant to section
				  712A-10(11).
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 2 - PETITIONS FOR ADMINISTRATIVE FORFEITURE › Section 5-51-23 - Amended petitions for administrative forfeiture

Current through June, 2024
(a) The prosecuting attorney may seek to
				  amend a petition, provided the amended petition:
(1) Complies with the filing requirements set
				  forth in subchapter
				  2 herein;
(2) Is received by the attorney general prior
				  to the filing of any order in the matter;
(3) Includes a transmittal stating the good
				  faith reason the amended petition is necessary; and
(4) Complies with deadlines set by the
				  attorney general within the attorney general's discretion and pursuant to the
				  applicable law.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 2 - PETITIONS FOR ADMINISTRATIVE FORFEITURE › Section 5-51-24 - Withdrawal of petition for administrative forfeiture

Current through June, 2024
(a) The prosecuting attorney may submit a
				  motion to withdraw a petition for administrative forfeiture at any time prior
				  to the filing of an order on the petition by the attorney general.
(b) Upon receipt of the motion to withdraw a
				  petition, the attorney general shall file an order dismissing the petition
				  without prejudice.
(c) Any petition
				  dismissed without prejudice under this section shall comply with the refiling
				  requirements set forth in section 5-51-22 herein.
(d) The prosecuting attorney shall be barred
				  from refiling a petition that has been withdrawn if the petition is not refiled
				  within the forty-five-day deadline provided in section 5-51-22(a)
				  herein.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 2 - PETITIONS FOR ADMINISTRATIVE FORFEITURE › Section 5-51-25 - Documentation of service efforts for notice of pending forfeiture and petition for administrative forfeiture

Current through June, 2024
(a) In addition to
				  complying with the notice requirements in sections
				  712A-10(2),
				  712A-10(3),
				  and
				  712A-8,
				  Hawaii Revised Statutes, when serving copies of the notice of pending
				  forfeiture and petition for administrative forfeiture on any interested party
				  or parties, the prosecuting attorney shall:
(1) Submit to the attorney general, as soon
				  as practicable, a "Certificate of Service and Certificate of Attempt to Serve,"
				  a sample of which is attached hereto as appendix H, that indicates whether
				  service was:
(A) Completed by personal
				  service;
(B) Completed by certified
				  mail;
(C) Attempted by certified
				  mail, which was returned and marked "UNCLAIMED" or "REFUSED," and was
				  subsequently completed by regular mail; or
(D) Attempted by both certified and regular
				  mail and both were returned. In such instances, the prosecuting attorney shall
				  also indicate all other efforts undertaken to serve the interested party and
				  shall complete the "Certificate of Attempt to Serve" section of the sample form
				  attached hereto as appendix H; and
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 2 - PETITIONS FOR ADMINISTRATIVE FORFEITURE › Section 5-51-26 - Publication

Current through June, 2024
Publication by the attorney general, as set forth under
					 section
					 712A-10(3),
					 Hawaii Revised Statutes, shall be completed as soon as practicable after the
					 filing of a petition for administrative forfeiture or in accordance with a
					 publication schedule established by the attorney general.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 3 - PETITIONS FOR REMISSION OR MITIGATION OF FORFEITURE; CLAIMS AND COST BONDS; AND CLAIMS AND IN FORMA PAUPERIS BONDS › Section 5-51-31 - Who may file a petition for remission or mitigation of forfeiture; a claim and cost bond; or a claim and in forma pauperis bond

Current through June, 2024
The following persons may file a petition for remission or
					 mitigation of forfeiture; a claim and cost bond; or a claim and in forma
					 pauperis bond with the attorney general in any administrative forfeiture
					 matter:
(1) Any person claiming
				  ownership of seized property, pursuant to section
				  712A-10,
				  Hawaii Revised Statutes;
(2) Any
				  interest holder, including any lienholder; and
(3) Any person having due authority under the
				  law to act on behalf of any person designated under section
				  712A-10(5),
				  Hawaii Revised Statutes, or section (1) above, including:
(A) Any attorney duly licensed to engage in
				  the practice of law within the State; and
(B) Any person not licensed to engage in the
				  practice of law under subsection (A), who is authorized to so act under the
				  law, as evidenced by a power-of-attorney.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 3 - PETITIONS FOR REMISSION OR MITIGATION OF FORFEITURE; CLAIMS AND COST BONDS; AND CLAIMS AND IN FORMA PAUPERIS BONDS › Section 5-51-32 - Filing requirements for petitions for remission or mitigation of forfeiture; claims and cost bonds; and claims in forma pauperis bonds

Current through June, 2024
In addition to the requirements set forth in section
					 712A-10,
					 Hawaii Revised Statutes, the filing requirements for a petition for remission
					 or mitigation of forfeiture; a claim and cost bond; or a claim and in forma
					 pauperis bond are as follows:
(1) A
				  party named as an interested party in a petition for administrative forfeiture
				  shall file a petition for remission or mitigation of forfeiture; a claim and
				  cost bond; or a claim and in forma pauperis bond with the attorney general
				  within thirty days after being served with a copy of the notice of pending
				  forfeiture and petition for administrative forfeiture. As defined by section
				  5-51-31 herein, a party other than the party named as an interested party, or
				  any party served with written notice, shall file a petition for remission or
				  mitigation of forfeiture; a claim and cost bond; or a claim and in forma
				  pauperis bond with the attorney general within thirty days of notice by
				  publication;
(2) Any request for an
				  extension of time in which to file a petition for remission or mitigation of
				  forfeiture; a claim and cost bond; or a claim in forma pauperis bond:
(A) Shall be made in writing; and
(B) May be submitted to the attorney general
				  by e-mail, facsimile transmittal, or mail;
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 3 - PETITIONS FOR REMISSION OR MITIGATION OF FORFEITURE; CLAIMS AND COST BONDS; AND CLAIMS AND IN FORMA PAUPERIS BONDS › Section 5-51-33 - Notary requirement

Current through June, 2024
The notary requirement provided in sections
					 712A-10(5) and
					 (9), Hawaii Revised Statutes, may be applied
					 as follows:
(1) The attorney general,
				  with sole discretion, may waive the notary requirement for a petition for
				  remission or mitigation of forfeiture; a claim and cost bond; or a claim and in
				  forma pauperis bond if the interested party is detained or incarcerated at a
				  detention facility and a notary public is not available. In such cases, the
				  interested party shall:
(A) Use only the
				  "Verified Petition for Remission or Mitigation Form," attached as appendix C,
				  when filing a petition for remission or mitigation of forfeiture or only the
				  "Declaration in Support of Request to Proceed In Forma Pauperis Form," attached
				  as appendix D, when filing a claim and in forma pauperis bond; and
(B) Sign the form in front of an employee of
				  the detention facility, who may bear witness to said signature and in turn sign
				  the document attesting to the process;
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 3 - PETITIONS FOR REMISSION OR MITIGATION OF FORFEITURE; CLAIMS AND COST BONDS; AND CLAIMS AND IN FORMA PAUPERIS BONDS › Section 5-51-34 - When remission is not warranted

Current through June, 2024
Remission is not warranted and shall not be granted under
					 any of the following conditions:
(1)
				  When any person filing a petition pursuant to this section has been:
(A) Alleged to have engaged in the specific
				  conduct that serves as the factual basis for the commission of the covered
				  offense or offenses that have occurred, subjecting the subject property to
				  forfeiture; and
(B) Convicted of
				  the same or a substantially similar offense as the alleged covered offense
				  under subsection (1)(A) above no earlier than five years prior to the alleged
				  commission of that covered offense; or
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 3 - PETITIONS FOR REMISSION OR MITIGATION OF FORFEITURE; CLAIMS AND COST BONDS; AND CLAIMS AND IN FORMA PAUPERIS BONDS › Section 5-51-35 - When mitigation may be warranted

Current through June, 2024
If the attorney general, with sole discretion, determines
					 that remission of subject property is not warranted, the attorney general may
					 discretionally mitigate the forfeiture where the petitioner has not met the
					 minimum requirements for remission but where there are other extenuating
					 circumstances, as provided in section
					 712A-10(6),
					 Hawaii Revised Statutes, indicating that some relief should be granted to avoid
					 extreme hardship. Mitigation may also be granted where the minimum requirements
					 for remission have been met but the overall circumstances are such that the
					 attorney general determines that complete relief is not warranted. Mitigation
					 shall take the form of a money penalty imposed upon the petitioner, which shall
					 be deposited into the criminal defense fund established under section
					 712A-16,
					 Hawaii Revised Statutes. In addition to the extenuating circumstances provided
					 in section
					 712A-10(6),
					 Hawaii Revised Statutes, the attorney general shall consider the
					 following:
(1) Whether petitioner had
				  any level of knowledge as set forth under section 5-51-33(2) herein, and if so,
				  the degree of culpability attributed to petitioner based upon that level of
				  knowledge; and
(2) Any extenuating
				  circumstance, other than those identified in section
				  712A-10(6),
				  Hawaii Revised Statutes, which the attorney general determines to be relevant,
				  including the number of different extenuating circumstances present at the time
				  of the alleged commission of the covered offense(s) and the degree to which
				  each is present.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 3 - PETITIONS FOR REMISSION OR MITIGATION OF FORFEITURE; CLAIMS AND COST BONDS; AND CLAIMS AND IN FORMA PAUPERIS BONDS › Section 5-51-36 - False claims and misrepresentations

Current through June, 2024
(a) Petitions and
				  claims filed pursuant to this section shall not contain false claims or
				  misrepresentations. Any petition or claim found to contain any false claim or
				  misrepresentation that was knowingly made by the petitioner or claimant shall
				  be dismissed with prejudice.
(b) If
				  the attorney general finds that the false claim or misrepresentation has not
				  been made knowingly, or the misrepresentation of facts is not material to its
				  consideration of the petition, the attorney general may elect not to dismiss
				  the petition and instead reduce the petitioner's interest in the subject
				  property in an amount proportionate to the culpability of the petitioner in
				  making the false claim or misrepresentation.
(c) The attorney general shall consider the
				  following factors in determining any reduction in interest in the subject
				  property:
(1) The overall effect of any false
				  claim or misrepresentation on the merits of the petition;
(2) The likelihood that the false claim or
				  misrepresentation was made knowingly; and
(3) The degree to which the petitioner
				  reasonably should have known that the claim or misrepresentation was
				  false.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 4 - ADMINISTRATIVE FORFEITURE SETTLEMENTS › Section 5-51-41 - Administrative forfeiture settlements

Current through June, 2024
(a) All
				  administrative forfeiture settlement agreements between a prosecuting attorney
				  and the interested party or parties as to the disposition of the subject
				  property any time during an administrative forfeiture proceeding shall be
				  submitted to the attorney general for approval or denial.
(b) The attorney general shall only consider
				  for approval, settlement agreements that have been filed:
(1) After property subject to administrative
				  forfeiture has been seized for forfeiture and notice has been given to the
				  known interested parties, and prior to the filing of a petition for
				  administrative forfeiture by the prosecuting attorney;
(2) After a petition for administrative
				  forfeiture has been filed by the prosecuting attorney and the matter is
				  pending; or
(3) In a pending
				  administrative forfeiture matter, after a claim and cost bond or a claim and in
				  forma pauperis bond has been filed by an interested party or parties, and prior
				  to the filing of a verified judicial petition by the prosecuting attorney with
				  the circuit court and within the forty-five days in which the prosecuting
				  attorney has to file the verified judicial petition for forfeiture with the
				  circuit court.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 5 - JUDICIAL FORFEITURES › Section 5-51-51 - Responsibility of the prosecuting attorney

Current through June, 2024
(a) The prosecuting
				  attorney filing for judicial forfeiture shall be responsible for informing the
				  attorney general of the judicial forfeiture proceedings, from the filing of the
				  verified petition in circuit court to the final disposition or outcome of the
				  matter.
(b) The prosecuting
				  attorney shall provide the attorney general with a file-stamped copy of the
				  verified petition. If real property is the subject of the judicial forfeiture:
(1) The prosecuting attorney shall inform the
				  attorney general of its the intent to file for judicial forfeiture before
				  filing a verified petition; and
(2)
				  The prosecuting attorney shall submit a certified copy of the lis pendens for
				  the real property to the attorney general upon the filing of the verified
				  petition.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 6 - MISCELLANEOUS PROCEEDINGS AND HEARINGS › Section 5-51-61 - Responsibility of the prosecuting attorney

Current through June, 2024
The prosecuting attorney shall be responsible for
					 responding to and appearing at all proceedings and hearings regarding or
					 relating to the seizure and forfeiture of property that is the subject of a
					 petition for administrative forfeiture, including but not limited to, any
					 hearings on motions for return of property, motions to set aside an illegal
					 judgment, or reconsideration of a court order.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 7 - DISPOSITION OF PROPERTY › Section 5-51-71 - Contraband and untaxed cigarettes

Current through June, 2024
Contraband and untaxed cigarettes, as defined in chapter
					 245, Hawaii Revised Statutes, are not
					 subject to the administrative forfeiture procedures set forth under chapter
					 712A, Hawaii Revised Statutes. As
					 such:
(1) The attorney general assumes
				  no jurisdiction over any property that is considered contraband or untaxed
				  cigarettes;
(2) Any contraband or
				  untaxed cigarettes seized under chapter
				  712A, Hawaii Revised Statutes, is
				  automatically forfeited to the State, notwithstanding the procedures set forth
				  under chapter
				  712A, Hawaii Revised Statutes, and
				  likewise, notwithstanding the forfeiture program administered by the attorney
				  general;
(3) The attorney general
				  shall not accept possession of any contraband or untaxed cigarettes seized
				  pursuant to forfeiture proceedings, because all contraband and untaxed
				  cigarettes fall outside of the authority of the attorney general granted by
				  chapter
				  712A, Hawaii Revised Statutes;
				  and
(4) The prosecuting attorney,
				  acting on behalf of the State in forfeiture proceedings, shall be responsible
				  for arranging for the disposal of any contraband and untaxed cigarettes that
				  have been seized pursuant to forfeiture proceedings.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 7 - DISPOSITION OF PROPERTY › Section 5-51-72 - Return of property to an interested party

Current through June, 2024
The return of property seized pursuant to an administrative
					 forfeiture proceeding to an interested party or parties shall be accomplished
					 as follows:
(1) In all administrative
				  forfeiture proceedings where a petition for administrative forfeiture has been
				  filed, property shall not be returned to any owner or interested party until
				  the attorney general's order providing for such return has been filed and
				  publication, as set forth under section
				  712A-8(c),
				  Hawaii Revised Statutes, has been made;
(2) In administrative forfeiture proceedings
				  where a settlement agreement has been proposed that provides for the return of
				  property, property shall not be returned unt i1:
(A) All persons known to have an interest in
				  the property have been notified;
(B) Publication as set forth under section
				  712A-8(c),
				  Hawaii Revised Statutes, has been made; and
(C) The attorney general files an order
				  approving the settlement agreement;
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 7 - DISPOSITION OF PROPERTY › Section 5-51-73 - Disposition of subject property following an order granting a petition for administrative forfeiture

Current through June, 2024
After an order granting a petition for administrative
					 forfeiture is filed by the attorney general, the subject property that has been
					 forfeited to the State shall be disposed of as follows:
(1) Any request by a governmental agency for
				  the forfeited property pursuant to chapter
				  712A, Hawaii Revised Statutes, shall
				  be made within ten days after the filing of the order by the attorney
				  general;
(2) Forfeited property,
				  other than currency, shall be disposed of by sale at public auction to be held
				  by the attorney general as often as practicable;
(3) All persons are eligible to purchase
				  forfeited property at public auction, except:
(A) Any person employed by the various county
				  police departments;
(B) Any person
				  employed by any county prosecuting attorney's office;
(C) Any person employed by the attorney
				  general; or
(D) Any person employed
				  by any other public or private agency that serves as a seizing agency or
				  petitioning agency or conducts sales of forfeited property;
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 8 - ENFORCEMENT › Section 5-51-81 - Compliance with an administrative order

Current through June, 2024
The specific provisions of any order filed by the attorney
					 general in an administrative forfeiture proceeding shall be fully complied
					 within no later than six months after the date that the order is filed.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 8 - ENFORCEMENT › Section 5-51-82 - Recoupment

Current through June, 2024
The attorney general may require recoupment from the
					 prosecuting attorney or seizing agency for non-compliance with these rules,
					 including but not limited to the following:
(1) Payment to the forfeiture fund for the
				  amount of currency that was forfeited but not deposited into or missing from
				  the forfeiture fund;
(2) Payment to
				  the forfeiture fund for any costs related to the value of damaged or missing
				  property;
(3) Payment to the
				  forfeiture fund as reimbursement for any unauthorized release or return of
				  subject property, or any loss of forfeited property, in the amount of the total
				  value of the released or lost property; and
(4) Payment to the forfeiture fund for the
				  reimbursement of shipping or transport costs of any property for which a
				  petition has been filed and returned or released to any owner or interested
				  party without the required approval of the attorney general.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 8 - ENFORCEMENT › Appendix A - National Code of Professional Conduct for Asset Forfeiture

Current through June, 2024
1. Law enforcement is the principal objective of
					 forfeiture. Potential revenue must not be allowed to jeopardize the effective
					 investigation and prosecution of criminal offenses, officer safety, the
					 integrity of ongoing investigations, or the due process rights of
					 citizens.
2. The Constitution and Federal Statutes prohibit the
					 improper use of personal characteristics such as race, color, national origin,
					 gender, or religion to target individuals for law enforcement action.
3. No prosecutor's or sworn law enforcement officer's
					 employment or salary shall be made to depend upon the level of seizures or
					 forfeitures he or she achieves.
4. Whenever practicable, and in all cases involving real
					 property, a judicial finding or probable cause shall be secured when property
					 is seized for forfeiture. Seizing agencies shall strictly comply with all
					 applicable legal requirements governing seizure practice and procedures.
5. If no judicial finding of probable cause is secured, the
					 seizure shall be approved in writing by a prosecuting or agency attorney or by
					 a supervisory-level official.
6. Seizing entities shall have a manual detailing the
					 statutory grounds for forfeiture. This manual will include procedures for
					 prompt notice to interest holders, the expeditious release of seized property
					 where appropriate, and the prompt resolution of claims of innocent
					 ownership.
7. Seizing entities retaining forfeited property for
					 official law enforcement use shall ensure that the property is subject to
					 internal controls consistent with those applicable to property acquired through
					 the normal appropriations processes of that entity.
8. Unless otherwise provided by law, forfeiture proceeds
					 shall be maintained in a separate fund or account subject to appropriate
					 accounting controls and annual financial audits of all deposits and
					 expenditures.
9. Seizing agencies shall strive to ensure that seized
					 property is protected and its value preserved.
10. Seizing entities shall avoid any appearance of
					 impropriety in the sale or acquisition of forfeited property.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 8 - ENFORCEMENT › Appendix C - Verified Petition for Remission or Mitigation Form

Current through June, 2024
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Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 8 - ENFORCEMENT › Appendix D - Declaration in Support of Request to Proceed In Forma Pauperis Form

Current through June, 2024
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Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 1 - PUBLIC RECORDS; ADMINISTRATIVE PROCEDURES; RECEIVING AND PAYING HOURS › Subchapter 1 - PUBLIC RECORDS › Section 6-1-1 - Definitions

Current through June, 2024
When used in thts chapter:
"Director" means the director of finance.
"Department" means the department of budget and
					 finance.
"Regular business hours" means from 7:45 a.m. to 4:30 p.m.,
					 Monday through Friday.
"Person" shall be as defined in section
					 91-1, HRS.
"Public record" shall be as defined in section 92-50,
					 HRS.
"Rule" shall be defined in section
					 91-1, HRS.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 1 - PUBLIC RECORDS; ADMINISTRATIVE PROCEDURES; RECEIVING AND PAYING HOURS › Subchapter 1 - PUBLIC RECORDS › Section 6-1-2 - Public records

Current through June, 2024
(a) Public records
				  shall be available for inspection in accordance with section 92-51, HRS, at the
				  department in the state capitol during regular business hours.
(b) Requests to inspect or obtain copies of
				  public records shall be made in writing to the department. The request shall
				  identify or describe the public record and state the purpose for which the
				  request is made.
(c) When denying a
				  request for inspection of public records, the department shall state its reason
				  for refusal and procedures for review of the refusal.
(d) A reasonable fee, determined in
				  accordance with section
				  92-21,
				  HRS, may be charged for copies furnished.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 1 - PUBLIC RECORDS; ADMINISTRATIVE PROCEDURES; RECEIVING AND PAYING HOURS › Subchapter 2 - ADMINISTRATIVE PROCEDURES › Section 6-1-10 - Adoption, amendment, or repeal of rules

Current through June, 2024
(a) Any
				  person may petition the director for the adoption, amendment, or repeal of any
				  rule of the department. The petition shall be submitted in duplicate and
				  delivered to the department in the state capitol during regular business hours.
				  The petition need not be in any special form but shall contain:
(1) A statement of the nature of each
				  petitioner's interest;
(2) A draft
				  or the substance of the proposed rule or amendment or repeal and a designation
				  of any existing rules affected by the petition;
(3) An explicit statement of the reasons in
				  support of the proposed rule, amendment, or repeal;
(4) Any other information relevant to the
				  petition;
(5) The name, address,
				  and telephone number of each petitioner; and
(6) The signature of each
				  petitioner.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 1 - PUBLIC RECORDS; ADMINISTRATIVE PROCEDURES; RECEIVING AND PAYING HOURS › Subchapter 2 - ADMINISTRATIVE PROCEDURES › Section 6-1-11 - Petition for declaratory ruling

Current through June, 2024
(a) Any interested
				  person may petition the director for a declaratory order as to the
				  applicability of any statutory provision administered by the director or of any
				  rule or order of the director.
(b)
				  The petition shall be submitted in duplicate and delivered to the department in
				  the state capitol during regular business hours. The petition need not be in
				  any special form but shall contain:
(1) A
				  statement of the nature of each petitioner's interest, including reasons for
				  the submission;
(2) A designation
				  of the specific statutory provision, rule, or order in question;
(3) A complete statement of the
				  facts;
(4) A statement of the
				  interpretation given the statutory provision, rule, or order by the
				  petitioner;
(5) A memorandum
				  containing the reasons, including any legal authorities, in support of the
				  interpretation of the petitioner;
(6) The name, address, and telephone number
				  of each petitioner; and
(7) The
				  signature of each petitioner.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 1 - PUBLIC RECORDS; ADMINISTRATIVE PROCEDURES; RECEIVING AND PAYING HOURS › Subchapter 3 - RECEIVING AND PAYING HOURS › Section 6-1-20 - Receiving and paying hours

Current through June, 2024
The receiving and paying hours of the department shall be
					 from 9 a.m. to 3 p.m. on all business days.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 4 - SPECIAL PURPOSE REVENUE BONDS FOR HEALTH CARE FACILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 6-4-1 - Purpose

Current through June, 2024
This chapter is adopted pursuant to chapter
					 91, HRS, and implements part II of
					 chapter 39A, HRS, providing for the issuance of special purpose revenue bonds
					 to assist not-for-profit corporations that provide health care facilities to
					 the general public. The objectives of this chapter are:
(1) To offset the growth of the cost of
				  health care to the people of the State of Hawaii;
(2) To assist in the development and
				  maintenance of public health, health care, including care for the aged,
				  hospitals, and related facilities, through the making of loans to
				  not-for-profit corporations for the purpose of providing health care
				  facilities, or for refinancing debt incurred to provide health care facilities;
				  and
(3) To ensure that amounts
				  saved by the assistance result in the provision of health care to the general
				  public at the lowest practicable cost by the not-for-profit corporations so
				  assisted.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 4 - SPECIAL PURPOSE REVENUE BONDS FOR HEALTH CARE FACILITIES › Subchapter 2 - APPLICATION PROCESS AND PROCEDURE › Section 6-4-3 - Loan application and review procedures

Current through June, 2024
The loan application and review procedures, shall be as
					 provided in exhibit no. 1 entitled "State of Hawaii, Department of Budget and
					 Finance, Loan Application and Review Procedures for Financing of Health Care
					 Facilities through the Issuance of Special Purpose Revenue Bonds," dated
					 September 24, 1981, located at the end of this chapter which are made a part of
					 this section.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 4 - SPECIAL PURPOSE REVENUE BONDS FOR HEALTH CARE FACILITIES › Subchapter 2 - APPLICATION PROCESS AND PROCEDURE › Section 6-4-4 - Letter of intent

Current through June, 2024
After receipt of the loan application and review
					 procedures, a prospective project party shall furnish the department with a
					 letter setting forth:
(1) The
				  intention of the prospective project party to apply for a loan;
(2) The approximate principal amount of the
				  loan to be requested;
(3) A general
				  description of the project to be financed;
(4) The property, if any, proposed to be
				  pledged to secure payment of the loan; and
(5) If the project involves new construction,
				  an approximate timetable for the construction.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 4 - SPECIAL PURPOSE REVENUE BONDS FOR HEALTH CARE FACILITIES › Subchapter 2 - APPLICATION PROCESS AND PROCEDURE › Section 6-4-5 - Formal application

Current through June, 2024
A project party shall submit an application for assistance
					 under part II, chapter 39A, HRS on the form or forms and accompanied by the
					 documentation prescribed in the loan application and review procedures. The
					 application shall be verified by an officer authorized to administer
					 oaths.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 4 - SPECIAL PURPOSE REVENUE BONDS FOR HEALTH CARE FACILITIES › Subchapter 2 - APPLICATION PROCESS AND PROCEDURE › Section 6-4-6 - Application fee and fee agreement

Current through June, 2024
A project party shall submit with the formal application
					 described in the preceding section a non-refundable application fee in the
					 amount of $1,000, payable by certified or cashier's check made payable to the
					 department, and an executed copy of the prescribed form of fee agreement
					 included in the loan application and review procedures. The fee agreement shall
					 obligate the project party to reimburse the department and the State for any
					 and all costs and expenses incurred in:
(1) The processing and reviewing of the
				  project party's application for assistance under part II, chapter 39A, HRS,
				  whether or not a loan is ultimately made to the project party; and
(2) The issuance of bonds to finance a loan
				  to the project party.
The application fee shall be applied against amounts owing
					 under the fee agreement.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 4 - SPECIAL PURPOSE REVENUE BONDS FOR HEALTH CARE FACILITIES › Subchapter 3 - REVIEW PROCESS PROCEDURE › Section 6-4-7 - Determination of eligibility

Current through June, 2024
The department shall review the application and related
					 documentation submitted by a project party and shall determine whether the
					 applicant is a "project party" and the project described in the application is
					 a "project" as the terms are defined in section
					 39A-31, HRS, and
					 section 6-4-2.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 4 - SPECIAL PURPOSE REVENUE BONDS FOR HEALTH CARE FACILITIES › Subchapter 3 - REVIEW PROCESS PROCEDURE › Section 6-4-8 - Determination of responsibility

Current through June, 2024
The department shall determine whether a project party is a
					 responsible party. The determination shall be made on a case-by-case basis. The
					 following elements shall be considered in making the determination:.
(1) The experience of the protect party in
				  providing health care to the general public and in providing the type of
				  service represented by the project;
(2) The financial condition of the project
				  party and the ability of the project party to make the payments which would be
				  required by the project agreement from revenues derived from the project or
				  otherwise; .
(3) The security
				  proposed for the loan including, if any, the real or personal property or both
				  proposed to be pledged, mortgaged, or leased, and the presence of a guaranty of
				  a third party (including a controlling party of the project party);
(4) If determined necessary or desirable by
				  the department, a financial feasibility study prepared by an independent party
				  approved by the department, or other projection of the future ability of the
				  project party to repay the loan;
(5) The project party's credit reputation
				  including, if the project has been previously financed, the project party's
				  experience with respect to the prior financing of the project; and any other
				  factors the department may deem relevant to a determination of responsibility
				  with respect to any project party.
(6) Any other factors the department may deem
				  relevant to a determination of responsibility with respect to any project
				  party.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 4 - SPECIAL PURPOSE REVENUE BONDS FOR HEALTH CARE FACILITIES › Subchapter 3 - REVIEW PROCESS PROCEDURE › Section 6-4-9 - Project agreement

Current through June, 2024
Upon a determination of eligibility and responsibility, and
					 with the approval of the governor, the department shall enter into a project
					 agreement with the project party. The project agreement shall in all respects
					 conform to the requirements of part II, chapter 39A, HRS, and shall contain any
					 additional terms and conditions as the department shall deem necessary or
					 desirable.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 4 - SPECIAL PURPOSE REVENUE BONDS FOR HEALTH CARE FACILITIES › Subchapter 3 - REVIEW PROCESS PROCEDURE › Section 6-4-10 - Estimate of benefits

Current through June, 2024
(a) Each project
				  party which has entered into a project agreement with the department in the
				  form and manner prescribed in the loan application and review procedures, shall
				  perform an estimate of the benefits to be derived from financing the project
				  with the proceeds of a loan. The benefits shall be the amount projected to be
				  saved by consumers of the services of the project party over the life of the
				  bonds to be issued to fund the loan as a result of financing the project with
				  the proceeds of a loan rather than by alternative means. Consumers shall be
				  deemed to include third party payers and their subscribers. The following shall
				  be elements of any estimate of benefits:
(1)
				  The interest rate to be assumed on the bonds proposed to be issued to fund a
				  loan shall be the rate supplied to the project party by the
				  department;
(2) The interest rate
				  to be employed in calculating the cost of alternative financing of the project
				  shall be:
(A) In the case of a proposed
				  refinancing through a loan, the rate of interest on the existing financing;
				  or
(B) If the loan is to be the
				  initial financing of the project, the rate of interest which would be charged
				  to the project party by a financial institution with which the project party
				  has a continuing relationship or the interest rate supplied by another source,
				  in either case, as approved by the department for use in the estimate of
				  benefits.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 4 - SPECIAL PURPOSE REVENUE BONDS FOR HEALTH CARE FACILITIES › Subchapter 3 - REVIEW PROCESS PROCEDURE › Section 6-4-11 - Public access to information

Current through June, 2024
The department shall have available for inspection by the
					 public during normal business hours, copies of the following to the extent
					 applicable to each particular project for which the department has executed a
					 project agreement:
(1) The estimate of
				  benefits submitted in accordance with § 6-4-10;
(2) The project agreement;
(3) All feasibility studies or similar
				  reports, if any, prepared in connection with the financing of a project and
				  furnished to the department;
(4)
				  All documents securing bonds;
(5)
				  Any contract relating to the construction and equipping of a project which is
				  in an amount at least equal to ten per cent of the project cost and which has
				  been furnished to the department;
(6) The certification of completion of the
				  project furnished by the architect for the project and the certification of the
				  expenditure of funds for the project furnished by the trustee under the trust
				  indenture securing the bonds issued to finance the project, both filed with the
				  department upon the completion of construction and equipping of the project;
				  and
(7) Information, reports, and
				  annual audits required to be furnished to the department under the terms of the
				  project agreement.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 4 - SPECIAL PURPOSE REVENUE BONDS FOR HEALTH CARE FACILITIES › Subchapter 4 - MISCELLANEOUS PROVISIONS › Section 6-4-12 - Severability

Current through June, 2024
If any part, section, sentence, clause, or phrase of this
					 chapter, or its application to any person or transaction or other
					 circumstances, is for any reason held to be unconstitutional or invalid, the
					 remaining parts, sections, sentences, clauses, and phrases of this chapter, or
					 its application to other persons or transactions or circumstances, shall not be
					 affected.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 4 - SPECIAL PURPOSE REVENUE BONDS FOR HEALTH CARE FACILITIES › Subchapter 4 - MISCELLANEOUS PROVISIONS › Section 6-4-13 - Waiver

Current through June, 2024
The director of the department may waive or vary particular
					 provisions of this chapter to conform to applicable federal
					 requirements.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 4 - SPECIAL PURPOSE REVENUE BONDS FOR HEALTH CARE FACILITIES › Subchapter 4 - MISCELLANEOUS PROVISIONS › Section 6-4-14 - Certificate of need or exemption

Current through June, 2024
If any project or any part thereof requires a certificate
					 of need from the state health planning and development agency, no application
					 shall be made to the department for assistance pursuant to part II, chapter
					 39A, HRS, nor shall the department take any action with respect to any
					 application unless and until the state health planning and development agency
					 issues a final decision awarding a certificate of need or an exemption from
					 certificate of need requirements to the project party for the project or part
					 thereof.