reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 16 - SPECIAL PURPOSE REVENUE BONDS FOR EARLY CHILDHOOD EDUCATION AND CARE FACILITIES › Subchapter 3 - REVIEW PROCESS › Section 6-16-15 - Estimate of benefits

Current through June, 2024
(a) Each project
				  party that has entered into a project agreement with the department shall
				  prepare 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. 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 finance the
				  project shall be the interest 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 interest rate on the existing financing;
				  or
(B) If the loan is to be the
				  initial financing of the project, the interest rate that 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 16 - SPECIAL PURPOSE REVENUE BONDS FOR EARLY CHILDHOOD EDUCATION AND CARE FACILITIES › Subchapter 3 - REVIEW PROCESS › Section 6-16-16 - Public access to information

Current through June, 2024
Records maintained by the department relating to the
					 special purpose revenue bond project shall be available to the public pursuant
					 to chapter
					 92F, HRS.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 16 - SPECIAL PURPOSE REVENUE BONDS FOR EARLY CHILDHOOD EDUCATION AND CARE FACILITIES › Subchapter 4 - MISCELLANEOUS PROVISIONS › Section 6-16-20 - 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 16 - SPECIAL PURPOSE REVENUE BONDS FOR EARLY CHILDHOOD EDUCATION AND CARE FACILITIES › Subchapter 4 - MISCELLANEOUS PROVISIONS › Section 6-16-21 - 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 17 - SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT PRIVATE NONSECTARIAN AND SECTARIAN ELEMENTARY SCHOOLS, SECONDARY SCHOOLS, COLLEGES, AND UNIVERSITIES › Subchapter 1 - GENERAL PROVISIONS › Section 6-17-1 - Purpose

Current through June, 2024
This chapter is adopted pursuant to chapter
					 91, HRS, and implements part VIII of
					 chapter 39A, HRS, providing for the issuance of special purpose revenue bonds
					 to assist not-for-profit corporations that provide nonsectarian and sectarian
					 elementary schools, secondary schools, colleges and universities serving the
					 general public. The objectives of this chapter are:
(1) To offset the growth of the cost of
				  providing elementary, secondary, and post-secondary education to the people of
				  the State of Hawaii;
(2) To assist
				  in the development and maintenance of sectarian and nonsectarian elementary,
				  secondary, and post-secondary educational facilities by providing the proceeds
				  of special purpose revenue bonds to not-for-profit corporations for the purpose
				  of providing sectarian and nonsectarian elementary, secondary, and
				  post-secondary educational facilities, or for refinancing debt incurred to
				  provide sectarian and nonsectarian elementary, secondary, and post-secondary
				  educational facilities; and
(3) To
				  provide a means for the not-for-profit corporations so assisted to provide
				  sectarian and nonsectarian elementary, secondary, and post-secondary educationt
				  & the general public at the lowest practicable cost.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 17 - SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT PRIVATE NONSECTARIAN AND SECTARIAN ELEMENTARY SCHOOLS, SECONDARY SCHOOLS, COLLEGES, AND UNIVERSITIES › Subchapter 1 - GENERAL PROVISIONS › Section 6-17-2 - Definitions

Current through June, 2024
For the purpose of this chapter:
"Bonds" means the special purpose revenue bonds or special
					 purpose revenue bond anticipation notes issued pursuant to part VIII, chapter
					 39A, HRS.
"Loan" means the loan of the proceeds of bonds to a project
					 party for the purposes authorized by part VIII, chapter 39A, HRS.
"Project" means a facility eligible under part VIII,
					 chapter 39A, HRS, to be financed or refinanced with the loan of the special
					 purpose revenue bond proceeds and includes any property used primarily for
					 private nonsectarian and sectarian elementary schools, secondary schools,
					 colleges and universities serving the general public; provided that it shall
					 not include any property to be used primarily for sectarian instruction or
					 study, or as a place for devotional activities or religious worship, or any
					 property used primarily in connection with any part of a program of a school or
					 department of divinity of any religious denomination.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 17 - SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT PRIVATE NONSECTARIAN AND SECTARIAN ELEMENTARY SCHOOLS, SECONDARY SCHOOLS, COLLEGES, AND UNIVERSITIES › Subchapter 1 - GENERAL PROVISIONS › Section 6-17-3 to 6-17-5 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 17 - SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT PRIVATE NONSECTARIAN AND SECTARIAN ELEMENTARY SCHOOLS, SECONDARY SCHOOLS, COLLEGES, AND UNIVERSITIES › Subchapter 2 - APPLICATION PROCESS › Section 6-17-6 - Letter of intent

Current through June, 2024
An applicant shall submit a letter of intent for a project
					 agreement to the director of finance. The letter shall contain, at a minimum,
					 the following information:
(1) The
				  approximate principal amount of the special purpose revenue bonds, not
				  including bond issuance costs. This amount represents the net proceeds of the
				  bonds required for the financing of the cost of the facility.
(2) A general description of the educational
				  facility to be financed, including the types of services to be provided and the
				  number of students to be served.
(3) The proposed security for the repayment
				  of the bonds.
(4) If the facility
				  involves new construction, the estimated timetable for its construction and
				  availability for use.
(5) The
				  proposed timetable for the issuance of the bonds.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 17 - SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT PRIVATE NONSECTARIAN AND SECTARIAN ELEMENTARY SCHOOLS, SECONDARY SCHOOLS, COLLEGES, AND UNIVERSITIES › Subchapter 2 - APPLICATION PROCESS › Section 6-17-7 - Determination of eligibility

Current through June, 2024
(a) The department
				  shall review the letter of intent and related documentation submitted by an
				  applicant and shall determine whether the applicant is a "project party" as
				  defined in section
				  39A-251, HRS, and
				  whether the project described in the application is a "project" as the term is
				  defined in section 6-17-2.
(b)
				  Within ten business days of receipt of a letter of intent, the department shall
				  send the applicant a written acknowledgement of the receipt of the letter of
				  intent and shall inform the applicant preliminarily, whether, based on the
				  information provided, the applicant is an eligible project party and the
				  proposed elementary, secondary, and post-secondary facility is a project
				  eligible for financing.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 17 - SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT PRIVATE NONSECTARIAN AND SECTARIAN ELEMENTARY SCHOOLS, SECONDARY SCHOOLS, COLLEGES, AND UNIVERSITIES › Subchapter 2 - APPLICATION PROCESS › Section 6-17-8 - Application; application fee

Current through June, 2024
(a) Upon receipt of
				  the acknowledgement from the department containing the determination that the
				  applicant is an eligible project party and that the elementary, secondary, and
				  post-secondary facility is an eligible project, the project party may submit an
				  application for assistance on the application form prescribed by the
				  director.
(b) Any application
				  submitted by a project party must be accompanied by an application fee of
				  $1,000, payable by certified or cashier's check made payable to the department.
				  The application fee shall be applied against the amounts owing under the fee
				  agreement.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 17 - SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT PRIVATE NONSECTARIAN AND SECTARIAN ELEMENTARY SCHOOLS, SECONDARY SCHOOLS, COLLEGES, AND UNIVERSITIES › Subchapter 2 - APPLICATION PROCESS › Section 6-17-9 - Fee agreement

Current through June, 2024
An executed copy of a fee agreement in the form prescribed
					 by the director shall be submitted with the application. 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 VIII, chapter 39A, HRS,
				  whether or not the special purpose revenues bonds are ultimately issued to
				  finance the project; and
(2) The
				  issuance of bonds to finance a loan to the project party.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 17 - SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT PRIVATE NONSECTARIAN AND SECTARIAN ELEMENTARY SCHOOLS, SECONDARY SCHOOLS, COLLEGES, AND UNIVERSITIES › Subchapter 2 - APPLICATION PROCESS › Section 6-17-10 to 6-17-12 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 17 - SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT PRIVATE NONSECTARIAN AND SECTARIAN ELEMENTARY SCHOOLS, SECONDARY SCHOOLS, COLLEGES, AND UNIVERSITIES › Subchapter 3 - REVIEW PROCESS › Section 6-17-13 - 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 project party in
				  providing elementary, secondary, and post-secondary education 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 that 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, 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
(6) Any other factors the department deems
				  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 17 - SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT PRIVATE NONSECTARIAN AND SECTARIAN ELEMENTARY SCHOOLS, SECONDARY SCHOOLS, COLLEGES, AND UNIVERSITIES › Subchapter 3 - REVIEW PROCESS › Section 6-17-14 - 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 conform to the
					 requirements of part VIII, chapter 39A, HRS, and shall contain any additional
					 terms and conditions as the department deems necessary or
					 desirable.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 17 - SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT PRIVATE NONSECTARIAN AND SECTARIAN ELEMENTARY SCHOOLS, SECONDARY SCHOOLS, COLLEGES, AND UNIVERSITIES › Subchapter 3 - REVIEW PROCESS › Section 6-17-15 - Estimate of benefits

Current through June, 2024
(a) Each project
				  party that has entered into a project agreement with the department shall
				  prepare 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. 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 finance the
				  project shall be the interest 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 interest rate on the existing financing;
				  or
(B) If the loan is to be the
				  initial financing of the project, the interest rate that 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 17 - SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT PRIVATE NONSECTARIAN AND SECTARIAN ELEMENTARY SCHOOLS, SECONDARY SCHOOLS, COLLEGES, AND UNIVERSITIES › Subchapter 3 - REVIEW PROCESS › Section 6-17-16 - Public access to information

Current through June, 2024
Records maintained by the department relating to the
					 special purpose revenue bond project shall be available to the public pursuant
					 to chapter
					 92F, HRS.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 17 - SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT PRIVATE NONSECTARIAN AND SECTARIAN ELEMENTARY SCHOOLS, SECONDARY SCHOOLS, COLLEGES, AND UNIVERSITIES › Subchapter 3 - REVIEW PROCESS › Section 6-17-17 to 6-17-19 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - FINANCIAL ADMINISTRATION DIVISION › Chapter 17 - SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT PRIVATE NONSECTARIAN AND SECTARIAN ELEMENTARY SCHOOLS, SECONDARY SCHOOLS, COLLEGES, AND UNIVERSITIES › Subchapter 4 - MISCELLANEOUS PROVISIONS › Section 6-17-20 - 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 17 - SPECIAL PURPOSE REVENUE BONDS FOR NOT-FOR-PROFIT PRIVATE NONSECTARIAN AND SECTARIAN ELEMENTARY SCHOOLS, SECONDARY SCHOOLS, COLLEGES, AND UNIVERSITIES › Subchapter 4 - MISCELLANEOUS PROVISIONS › Section 6-17-21 - 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 - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 1 - GENERAL PROVISIONS › Section 6-20-1 - Definitions

Current through June, 2024
As used in chapters 20 to
					 29 of
					 this title:
"Alternate payee" means a spouse or former spouse of a
					 member, a former member who has vested benefit status, or retirant who is
					 recognized by a domestic relations order as having a right to receive all or a
					 portion of the benefits payable by the system with respect to that member,
					 former member with vested benefit status, or retirant.
"Applicant" means a person who files an application for
					 disability retirement or accidental death benefits as provided in chapter
					 6-22, subchapter
					 1 of chapter
					 6-23, and subchapter
					 1 of chapter
					 6-26.
"Beneficiary" means the recipient of any benefit from the
					 system or, as the context may indicate, the person or persons designated by a
					 member, former member, or retirant, or as provided by law to receive the
					 benefits payable in the event of the member's, former member's, or retirant's
					 death.
"Board" or "board of trustees" means the board of trustees
					 of the system.
"Contested case" means a contested case proceeding as
					 defined in section
					 91-1, HRS.
"Executive director" means the executive director of the
					 system or, in the executive director's absence, the deputy executive director
					 of the system or other officer appointed by the board of trustees to act as the
					 executive director of the system.
"Hearing officer" means a licensed attorney, duly appointed
					 by the board of trustees or the system to administer proceedings under this
					 chapter and chapter
					 6-23 .
"Member" means any person included in the membership of the
					 system.
"Party" means any person or agency who participates in a
					 declaratory ruling under subchapter
					 4 or in
					 a contested case proceeding under chapter
					 6-23 as a petitioner, respondent, or
					 intervenor.
"Petition" means a request filed pursuant to section 6-20-8
					 for a declaratory ruling under subchapter
					 4, or a
					 petition for a contested case hearing under chapter
					 6-23.
"Petitioner" means a member or other authorized person who
					 files a petition for declaratory ruling under subchapter
					 4 or a
					 petition for contested case hearing under chapter
					 6-23.
"Presiding officer" means the chairperson or other
					 designated member of the board of trustees, or a hearing officer appointed by
					 the board of trustees or the system, who presides over matters set forth in
					 subchapter
					 4 or
					 chapter
					 6-23.
"Retirant" means a member who has retired and becomes a
					 beneficiary of the system.
"System" means the employees' retirement system of the
					 State of Hawaii.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 2 - PUBLIC RECORDS AND INFORMATION › Section 6-20-2 - Public inspection

Current through June, 2024
All public records shall be available for inspection at the
					 office of the system, 201 Merchant Street, Suite 1400, Honolulu, Hawaii 96813,
					 during regular business hours.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 2 - PUBLIC RECORDS AND INFORMATION › Section 6-20-3 - Information

Current through June, 2024
Information on matters within the jurisdiction of the
					 system, except confidential information, may be obtained by inquiring in person
					 during regular business hours at, or by submitting a written request to, the
					 office of the system.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 2 - PUBLIC RECORDS AND INFORMATION › Section 6-20-4 - Disclosure of information

Current through June, 2024
Information about a member, a beneficiary, or a retirant
					 contained in the records of the system may be disclosed only to the member,
					 beneficiary, or retirant or to a person authorized in writing by the member,
					 beneficiary, or retirant, or to the duly appointed executor, legal
					 representative, or administrator of the estate of the member, beneficiary, or
					 retirant, or to an agency complying with the requirements of section
					 92F-19,
					 HRS.
Upon receipt of a request for information regarding
					 domestic relations orders under section 8893.5, HRS, and a certified copy of a
					 complaint or decree for divorce, the system shall provide the alternate payee
					 with information regarding benefits that are relevant to the alternate payee's
					 interest in the member's, former member's with vested benefit status, or
					 retirant's benefits. Information about a deceased member, beneficiary, or
					 retirant may be disclosed to any person under chapter
					 92F, HRS, without written
					 authorization from the deceased member's, beneficiary's, or retirant's
					 representatives, to the extent authorized by law.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 2 - PUBLIC RECORDS AND INFORMATION › Section 6-20-4.01 - Cost of copies for government records and rules

Current through June, 2024
(a) Government records. The system may charge
				  a minimum of fifty cents per page, or an amount to be approved by the board,
				  for each copy of a document that it reproduces under section
				  92-21,
				  HRS, pursuant to a public records request under chapter
				  92F, HRS, and shall include but not
				  be limited to the labor, material, electricity, equipment, certification and
				  other related costs of reproduction.
(b) Administrative rules. Compilations and
				  supplements of rules adopted by the board shall be made available free of
				  charge upon request by state officers in the case of a state agency and by
				  county officers in the case of a county agency. Compilations and supplements
				  may also be made available, free of charge, to organizations representing
				  public employees and to agencies of the federal government or of other states.
As to all other persons, the price for a copy shall be one
					 dollar for each chapter compilation or chapter supplement.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 3 - ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 6-20-5 - Petition

Current through June, 2024
Any interested person may petition the board for the
					 adoption, amendment, or repeal of any rule of the system. The petition shall be
					 submitted in duplicate and delivered to the office of the system.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 3 - ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 6-20-6 - Form and content of petition

Current through June, 2024
The petition need not be in any special form but it shall
					 contain:
(1) The petitioner's name,
				  address, including zip code, and telephone number;
(2) A statement of the nature of the
				  petitioner's interest;
(3) An
				  explicit statement of the reasons in support of the proposed rule, amendment,
				  or repeal;
(4) A draft or the
				  substance of the proposed rule or amendment or repeal and a designation of any
				  existing rules affected by the petition; and
(5) The signature of the petitioner.
Any petition which does not conform to the foregoing
					 requirements may be rejected by the board. The rejection shall be in writing
					 and shall state the reasons therefor.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 3 - ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 6-20-7 - Consideration of petition

Current through June, 2024
Within sixty days after the receipt of the petition, the
					 board shall either deny the petition, stating in writing, its reasons for the
					 denial, or initiate proceedings for the adoption, amendment, or repeal of the
					 rule.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 4 - DECLARATORY RULING › Section 6-20-8 - Petition for declaratory ruling; scope

Current through June, 2024
(a) Any person or
				  agency may petition the board for a declaratory ruling as to the applicability
				  of any statutory provision administered by the system or of any rule or order
				  adopted by the system.
(b) The
				  scope of this subchapter is limited to petitions requesting the board's
				  interpretation of a statute, rule, or administrative order administered by the
				  board, regarding circumstances that have not yet been decided by the system or
				  the board. A petition for declaratory ruling is a way to seek an advance
				  determination from the board. A petition under this subchapter may not request
				  the board to review a concrete decision already made by the system or the
				  board. For example, a petition alleging that the system has improperly granted
				  or denied the petitioner or other person a benefit, service credit, or other
				  entitlement under chapter
				  88, HRS, must be filed as a petition
				  for contested case hearing under subchapter
				  2 of chapter
				  6-23, and not as a petition for
				  declaratory ruling.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 4 - DECLARATORY RULING › Section 6-20-9 - Form and content of petition

Current through June, 2024
(a) The petition
				  shall be submitted in duplicate. It need not be in any special form but it
				  shall contain:
(1) The petitioner's name,
				  address, including zip code, and telephone number;
(2) A statement of the nature of the
				  petitioner's interest, including reasons for the submission of the
				  petition;
(3) A designation of the
				  specific statutory provision, rule, or order in question;
(4) A complete statement of the relevant
				  facts;
(5) A statement of the
				  issues raised;
(6) A statement of
				  the petitioner's proposed interpretation of the statute, rule, or order or the
				  petitioner's position or contention with respect thereto;
(7) A memorandum containing the reasons,
				  including any legal authorities, in support of the interpretation and relief
				  sought;
(8) The names of any other
				  potential parties; and
(9) The
				  petitioner's signature.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 4 - DECLARATORY RULING › Section 6-20-10 - Consideration of petition

Current through June, 2024
(a) The board,
				  within a reasonable time after the receipt of a petition for declaratory
				  ruling, shall do one of the following:
(1)
				  Deny the petition, without a hearing, where:
(A) The question is speculative or purely
				  hypothetical and does not involve an existing situation or one which may
				  reasonably be expected to occur in the near future;
(B) The petitioner's interest is not of the
				  type which confers sufficient standing to maintain an action in a court of
				  law;
(C) The issuance of the
				  declaratory ruling may adversely affect the interest of the State, the system,
				  or any of the officers or employees in any litigation which is pending or may
				  be reasonably be expected to arise;
(D) The petition requests a ruling on a
				  statutory provision not administered by the board or the matter is not
				  otherwise within the jurisdiction of the board;
(E) The petition is frivolous;
(F) The petition is beyond the scope of this
				  subchapter as provided in section 6-20-8(b), or there exists a genuine issue of
				  material fact, the resolution of which is necessary before any declaratory
				  ruling may issue. In either case, the board may dismiss the action or request
				  that the petitioner re-file the action as a petition for contested case hearing
				  under subchapter
				  2 of chapter
				  6-23; or
(G) There is other good cause for denial of
				  the petition;
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 4 - DECLARATORY RULING › Section 6-20-12 - Renumbered

Current through June, 2024
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 4 - DECLARATORY RULING › Section 6-20-13 - Renumbered

Current through June, 2024
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 4 - DECLARATORY RULING › Section 6-20-14 - Notice of hearing

Current through June, 2024
(a) If the board,
				  at its discretion, sets the petition for hearing, all parties shall be given
				  written notice of the hearing, including:
(1)
				  The date, time, place, and nature of the hearing;
(2) The section of the pertinent statutes or
				  rules involved; and
(3) A concise
				  statement of the issues and basic facts giving rise to the petition. A copy of
				  the petition attached to the notice of the hearing shall satisfy this
				  requirement.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 4 - DECLARATORY RULING › Section 6-20-15 - Computation of time

Current through June, 2024
In computing any period of time prescribed or allowed by
					 this subchapter, the provisions of section 6-23-9 shall apply.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 4 - DECLARATORY RULING › Section 6-20-16 - Conduct of hearing

Current through June, 2024
(a) In the event
				  that the board, at its discretion, sets the petition for hearing, the
				  chairperson or other member of the board designated by the chairperson, or a
				  hearing officer designated by the board, shall preside at all hearings governed
				  by this subchapter.
(b) The
				  presiding officer shall have the following powers and duties:
(1) To continue or postpone, at the request
				  of a party, any hearing;
(2) To
				  regulate the course and conduct of the hearing;
(3) To administer oaths and
				  affirmations;
(4) To examine
				  witnesses;
(5) To issue
				  subpoenas;
(6) To rule on offers of
				  proof and to accept evidence;
(7)
				  To hold conferences, before or during the hearing, for the simplification of
				  issues; and
(8) To rule on motions
				  and dispose of procedural requests and similar matters.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 4 - DECLARATORY RULING › Section 6-20-17 - Parties; service

Current through June, 2024
(a) Unless a
				  petition has been denied or granted in accordance with section 6-20-10, the
				  executive director of the system shall be considered a party to the proceedings
				  and shall be served accordingly. Within fifteen days after the petition is
				  filed, other persons having a direct and substantial interest in the petition
				  may request, in writing, that the board recognize them as parties to the
				  proceedings. The board may, at its discretion, grant or deny their
				  request.
(b) All parties recognized
				  by the board, including the executive director, shall be served with the
				  petition, correspondence, and other documents filed with the board.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 4 - DECLARATORY RULING › Section 6-20-18 - Advisory memorandum

Current through June, 2024
The executive director, within thirty days after receiving
					 the notice of hearing, shall file a memorandum advising the board or hearing
					 officer of the executive director's position and responding to the points
					 raised in the petition. The executive director shall recommend whether the
					 board should grant or deny the petition, and state the legal and factual
					 reasons for the recommendation. Other parties recognized by the board, within
					 thirty days after receipt of the notice of hearing, may also file and serve
					 upon the board or hearing officer and all parties a memorandum responding to
					 the petition, advising the board of the parties' position and stating concisely
					 and fully the parties' legal position or contentions and reasons, including
					 legal authorities.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 4 - DECLARATORY RULING › Section 6-20-19 - Request for additional facts or supplemental memorandum; documents

Current through June, 2024
(a) The board or hearing officer at any time
				  before they file their decisions may request the petitioner or any party,
				  including the executive director, to submit a statement of additional facts or
				  a legal memorandum, the purpose of which is to clarify a specific factual or
				  legal issue, position, or contention, provided the request shall aid in
				  effectuating the ends of justice, or in achieving its purposes, and shall not
				  unduly delay the proceedings or hinder, harass, or unreasonably prejudice any
				  party.
(b) If any document filed in
				  a proceeding governed by this subchapter is not in substantial conformity with
				  the applicable rules of the board, or is otherwise insufficient, the board or
				  hearing officer may, on its own motion or on motion of a party, strike that
				  document or require its amendment. All documents filed with or presented to the
				  board or hearing officer may be retained in the files of the system.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 4 - DECLARATORY RULING › Section 6-20-20 - Argument

Current through June, 2024
In the event that the board or hearing officer, at their
					 discretion, sets the matter for hearing, oral arguments shall be heard before
					 the board or hearing officer. All parties shall be afforded a full opportunity
					 to present arguments on all issues involved. The argument shall be at the time
					 and place set forth in the notice of hearing, but that time and place may be
					 continued from day to day and adjourned to a later day or to a different place
					 without notice, other than the announcement thereof at the
					 hearing.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 4 - DECLARATORY RULING › Section 6-20-21 - Proposed findings of fact and conclusions of law

Current through June, 2024
(a) No party shall file written proposed
				  findings of fact and conclusions of law, except when ordered in the discretion
				  of the board or hearing officer.
(b) Where ordered, written proposed findings
				  of fact and conclusions of law shall be filed within fifteen days after the
				  close of the hearing, and shall contain specific references to the record and
				  the legal authorities relied upon.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 4 - DECLARATORY RULING › Section 6-20-22 - Disposition of petition

Current through June, 2024
In the event that the board sets the matter for hearing
					 before the board, the board, within sixty days after the close of arguments or
					 submission of all evidence and any permitted or requested memoranda, whichever
					 is later, shall issue its declaratory ruling, either denying or granting the
					 petition and stating the reasons therefor. The executive director shall
					 promptly notify the petitioner of the board's ruling and of the petitioner's
					 rights to appeal the ruling to the circuit court.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 4 - DECLARATORY RULING › Section 6-20-23 - Applicability of orders

Current through June, 2024
Orders disposing of petitions shall be applicable only to
					 the fact situation alleged in the petition or as set forth in the order. They
					 shall not be applicable to different fact situations or where additional facts
					 not considered in the order exist. The order shall have the same force and
					 effect as other orders issued by the board.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 20 - PUBLIC RECORDS AND INFORMATION; ADOPTION, AMENDMENT, OR REPEAL OF RULES; DECLARATORY RULING; COST OF RULES › Subchapter 4 - DECLARATORY RULING › Section 6-20-23.01 - Withdrawal of petition

Current through June, 2024
A petitioner shall file a written notice of withdrawal in
					 order to withdraw a petition under this subchapter. If a hearing has been set,
					 the petitioner must serve the notice, no later than five days before the date
					 of the scheduled hearing, on all parties named in the petition and the board. A
					 petition withdrawn within five days of the hearing date shall result in the
					 petition being dismissed with prejudice, i.e., the petition may not be refiled
					 at any time thereafter. If a hearing has not been set, the petitioner may
					 withdraw the petition at any time, and shall serve a notice of withdrawal on
					 the board, the executive director, and all other applicable parties.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 21 - SERVICE CREDIT: EXCLUSION FROM MEMBERSHIP OF CERTAIN EMPLOYEES › Subchapter 1 - CLAIM OF PRIOR SERVICE CREDIT FOR SERVICE AS A LEGISLATOR RENDERED PRIOR TO JULY 1, 1951 › Section 6-21-1 - Filing of claim and enrollment

Current through June, 2024
Upon receipt of a claim for service as a legislator
					 rendered to July 1, 1951, and upon verification of the service, the claimant
					 shall be enrolled as a member of the system.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 21 - SERVICE CREDIT: EXCLUSION FROM MEMBERSHIP OF CERTAIN EMPLOYEES › Subchapter 1 - CLAIM OF PRIOR SERVICE CREDIT FOR SERVICE AS A LEGISLATOR RENDERED PRIOR TO JULY 1, 1951 › Section 6-21-2 - Retirement

Current through June, 2024
Any legislator or former legislator who has been enrolled
					 as a member in accordance with section
					 6-21-1 shall be retired in
					 accordance with sections
					 88-73 and
					 88-74,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 21 - SERVICE CREDIT: EXCLUSION FROM MEMBERSHIP OF CERTAIN EMPLOYEES › Subchapter 2 - COMPUTATION OF ONE YEAR OF SERVICE › Section 6-21-3 - Applicability

Current through June, 2024
This subchapter shall apply in determining how much service
					 in any year is equivalent to a year of service for members classified as
					 general employees in section
					 88-102,
					 Hawaii Revised Statutes, for members classified as teachers in section
					 88-102,
					 Hawaii Revised Statutes, for elected officials and part-time workers who are
					 included in the membership of the system.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 21 - SERVICE CREDIT: EXCLUSION FROM MEMBERSHIP OF CERTAIN EMPLOYEES › Subchapter 2 - COMPUTATION OF ONE YEAR OF SERVICE › Section 6-21-4 - Fractional month of employment

Current through June, 2024
A fractional month of employment resulting from initial
					 employment, termination of employment, death, suspension or leave of absence
					 without pay, shall be considered one full month of service if the employee
					 worked for fifteen or more days during the month, or, for the month of
					 February, if the employee worked for fourteen or more days during the
					 month.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 21 - SERVICE CREDIT: EXCLUSION FROM MEMBERSHIP OF CERTAIN EMPLOYEES › Subchapter 2 - COMPUTATION OF ONE YEAR OF SERVICE › Section 6-21-5 - General employees

Current through June, 2024
(a) For general
				  employees, twelve full months of employment shall be considered one year of
				  service.
(b) A fractional month of
				  employment shall be considered one full month of service, if it meets the
				  requirements of section 6-21-4.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 21 - SERVICE CREDIT: EXCLUSION FROM MEMBERSHIP OF CERTAIN EMPLOYEES › Subchapter 2 - COMPUTATION OF ONE YEAR OF SERVICE › Section 6-21-6 - Teachers

Current through June, 2024
(a) For employees classified as teachers, a
				  year of service shall be computed on the basis of a school year, which shall be
				  from September 1 to August 31. If service is terminated earlier through death
				  or retirement, service shall be computed to the date of death or
				  retirement.
(b) A fractional month
				  of employment shall be considered one full month of employment if it meets the
				  requirements of section 6-21-4; provided that if absences without pay total two
				  and one-half months or more in any one semester, one additional month shall be
				  excluded in computing a year of service.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 21 - SERVICE CREDIT: EXCLUSION FROM MEMBERSHIP OF CERTAIN EMPLOYEES › Subchapter 2 - COMPUTATION OF ONE YEAR OF SERVICE › Section 6-21-7 - Elected officials

Current through June, 2024
(a) For elected
				  officials, any twelve months of service in the office to which they were
				  elected or appointed shall be considered a year of service. For legislators,
				  computation of a year of service shall commence from the day they are elected
				  or appointed. For all other elected officials, computation shall commence from
				  the day they take office.
(b) A
				  fractional month in office shall be treated in the same manner as a fractional
				  month of employment provided for in section 6-21-4.