reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND ADMINISTRATIVE RULES › Chapter 5.00 - HEALTH AND OTHER BENEFIT PLANS › Section 5.04 - Cancellation Due to Failure to Enroll or Failure to Maintain Enrollment in Medicare; Effective Date of Cancellation

Current through June, 2024
(a) If a retired
				employee-beneficiary' s federal Medicare Part B medical insurance plan is not
				in effect when he/she is eligible to enroll, the retired employee-beneficiary's
				enrollment in the medical and/or prescription drug plans offered or sponsored
				by the Fund and the medical and/or prescription drug plan coverages for
				dependent-beneficiaries under that enrollment shall be cancelled.
(b) If a retired employee-beneficiary's
				dependent-beneficiary's federal Medicare Part B medical insurance plan is not
				in effect when he/she is eligible to enroll, the dependent-beneficiary's
				enrollment in the medical and/or prescription drug plans offered or sponsored
				by the Fund shall be cancelled.
(c)
				If a retired employee-beneficiary and/or dependent-beneficiary fails to enroll
				in the Fund's Medicare prescription drug plan their enrollment in the
				prescription drug plans offered or sponsored by the Fund shall be cancelled.
				Retired employee-beneficiaries and/or their dependent-beneficiaries living
				outside of the Fund's Medicare prescription drug plan's service area are exempt
				from this Rule.
(d) The effective
				date of any cancellation under this rule shall be the date upon which the
				retired employee-beneficiary or their dependent-beneficiary, as applicable,
				first became eligible to enroll or ceased to be enrolled in the federal
				Medicare Part B medical insurance plan. The retired employee-beneficiary or
				their dependent-beneficiary shall be responsible for paying all claims incurred
				from the date the retired employee-beneficiary or their dependent-beneficiary
				became eligible to enroll, but did not enroll.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND ADMINISTRATIVE RULES › Chapter 5.00 - HEALTH AND OTHER BENEFIT PLANS › Section 5.06 - Reinstatement of Enrollment; Effective Dates of Reinstatement

Current through June, 2024
(a)
Reinstatement in
				Employment
. If as a result of an order or award from a court,
				arbitrator or other entity with proper jurisdiction over the matter, an
				employee-beneficiary is found to have been wrongfully terminated or suspended
				and is ordered to be reinstated in state or county employment, the
				employee-beneficiary shall be reinstated in the same Fund benefit plans from
				which the employee-beneficiary's coverage was terminated.
The effective date of the reinstatement shall be the date
				  specified by the order or award. The employee-beneficiary shall pay the full
				  cost of such coverage less any contribution paid by the employer on behalf of
				  the employee-beneficiary as provided by statute, the employer's administrative
				  rules, or an applicable bargaining unit agreement. If the full cost of such
				  coverage is not paid, the employee-beneficiary shall have the option of having
				  the reinstatement effective upon any of the following dates:
(1) the employee-beneficiary's return to
				employment; or
(2) the first day of
				the first pay period following the employee-beneficiary's return to employment;
				or
(3) the first day of the second
				pay period following the employee-beneficiary's return to employment. The
				employee-beneficiary shall select the effective date of coverage in an
				enrollment application filed within forty five (45) days of the date that the
				employee-beneficiary returns to active duty. If the employee-beneficiary fails
				to make a selection, the effective date of coverage shall be the date the
				employee-beneficiary returns to active duty.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND ADMINISTRATIVE RULES › Chapter 5.00 - HEALTH AND OTHER BENEFIT PLANS › Section 5.07 - Reimbursement of Retired Employee-Beneficiaries and Their Dependent-Beneficiaries Who Relocate Outside of the State of Hawaii

Current through June, 2024
(a)
				Retired employee-beneficiaries and their dependent-beneficiaries of retirees
				who relocate outside of the State of Hawaii shall be eligible for reimbursement
				for premiums paid for personal medical and prescription drug plans issued by
				companies outside of the State of Hawaii who have also contracted with the Fund
				to provide medical and prescription drug plans that are only available to State
				of Hawaii residents.
(b) The
				reimbursement shall be the lesser of:
(1) The
				actual cost of the personal medical and prescription drug plan; or
(2) The amount of the state or county
				contribution for the most comparable medical and prescription drug plan offered
				by the Fund.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 1 - GENERAL PROVISIONS › Section 6-200-1 - Scope

Current through June, 2024
The provisions of this chapter shall govern the practices
					 and procedures of the defender council of the State, the governing body of the
					 office of the state public defender, and the office of the state public
					 defender.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 1 - GENERAL PROVISIONS › Section 6-200-2 - Definitions

Current through June, 2024
As used in this chapter, unless the context otherwise
					 requires:
"Council" means the defender council.
"Meeting" means the convening of the council for which a
					 quorum is required in order to make a decision or to deliberate toward a
					 decision upon a matter over which the council has supervision, control,
					 jurisdiction, or advisory capacity.
"Personal record" means any item, collection, or grouping
					 of information about an individual that is maintained by an agency. It
					 includes, but is not limited to, the individual's educational, financial,
					 medical, or employment history, or items that contain or make reference to the
					 individual's name, identifying number, symbol, or other identifying particular
					 assigned to the individual, such as a finger or voice print or a
					 photograph.
"Persons" include individuals, partnerships, corporations,
					 associations, or public or private organizations of any character other than
					 agencies.
"Public defender" means the public defender appointed by
					 the council pursuant to Section
					 802-11,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 2 - PUBLIC RECORDS AND INFORMATION › Section 6-200-10 - Public inspection

Current through June, 2024
All government records to which access is not restricted by
					 law shall be available for inspection at the office of the public defender in
					 Honolulu during regular business hours. Inquiries and requests for information
					 or records may be made in person during regular business hours at, or by
					 submitting a written request to the office of the public defender in
					 Honolulu.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 2 - PUBLIC RECORDS AND INFORMATION › Section 6-200-11 - Disclosure of information

Current through June, 2024
Unless expressly permitted by law, information or records
					 not available for public inspection by law may be disclosed only to the person
					 or to a person authorized in writing by that person, or to the executor or
					 administrator of the estate of that person. No information about a person shall
					 be disclosed by telephone.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 2 - PUBLIC RECORDS AND INFORMATION › Section 6-200-12 - Cost of copies

Current through June, 2024
Copies of government records permitted to be disclosed to
					 the public by law shall be made available free of charge upon request by state
					 officers, in the case of a state agency, and county officers in the case of a
					 county agency. Copies will also be made available, free of charge, to
					 organizations representing public employees, to agencies of the federal
					 government or of other states. As to all other persons, the price for a copy
					 shall be $.25 per page.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 3 - ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 6-200-20 - Petition

Current through June, 2024
Any interested person may petition the council for the
					 adoption, amendment, or repeal of any rule of the council. The petition shall
					 be submitted in duplicate and delivered to the office of the public defender in
					 Honolulu.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 3 - ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 6-200-21 - 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.
(5) The signature of the petitioner.
Any petition which does not conform to the foregoing
					 requirements may be rejected by the Council.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 3 - ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 6-200-22 - Consideration of petition

Current through June, 2024
Within thirty days after the receipt of the petition, the
					 council 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 - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 4 - DECLARATORY RULING › Section 6-200-30 - Petition

Current through June, 2024
Any interested person may petition the council for a
					 declaratory order as to the applicability of any statutory provision
					 administered by the council or of any rule or order of the
					 council.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 4 - DECLARATORY RULING › Section 6-200-31 - Form and content of petition

Current through June, 2024
The petition shall be in duplicate and delivered to the
					 office of the public defender in Honolulu. 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 request, 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
				  interpretation given the statutory provision, rule, or order by the
				  petitioner;
(6) A memorandum
				  containing the reasons, including any legal authorities, in support of the
				  interpretation of the petitioner; and
(7) The petitioner's signature.
Any petition which does not conform to the foregoing
					 requirements may be rejected by the council. The rejection shall be in writing
					 and shall state the reason therefor.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 4 - DECLARATORY RULING › Section 6-200-32 - Consideration and disposition of petition

Current through June, 2024
The council shall, within a reasonable time after the
					 submission of the petition, either deny the petition, stating the reasons
					 therefor, or issue a declaratory ruling. The council may refuse to issue a
					 declaratory ruling where:
(1) 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;
(2) The petitioner's
				  interest is not of the type which confers sufficient standing to maintain an
				  action in a court of law; or
(3)
				  The petition requests a ruling on a statutory provision not administered by the
				  council or the matter is not otherwise within the jurisdiction of the council.
Upon disposition of the petition, the council shall
					 promptly notify the petitioner of the council's ruling and of the petitioner's
					 right to appeal the ruling to the circuit court if the decision is adverse to
					 the petitioner.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 5 - RULES OF PRACTICE AND PROCEDURE › Section 6-200-40 - Meetings

Current through June, 2024
The council shall conduct its regular and special meetings
					 at any time and at such location within the State at the call of the
					 chairperson following proper public notice and notice to all council
					 members.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 5 - RULES OF PRACTICE AND PROCEDURE › Section 6-200-41 - Quorum and voting

Current through June, 2024
A majority of the council members authorized by chapter
					 802, Hawaii Revised Statutes shall
					 constitute a quorum to meet and conduct business. An affirmative vote of the
					 majority shall consist of a majority of the council members authorized by
					 chapter
					 802, Hawaii Revised
					 Statutes.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 5 - RULES OF PRACTICE AND PROCEDURE › Section 6-200-42 - Officers

Current through June, 2024
(a) Council members shall nominate at least
				  two of their members for the position of chairperson and at least two of their
				  members for the position of vice-chairperson to be elected by closed ballot at
				  a duly convened meeting of the council. Terms of office shall coincide with
				  their respective terms of appointment as members of the council.
(b) Should the position of the chairperson or
				  vice-chairperson become vacant prior to expiration of their term of office, the
				  council shall hold an election pursuant to the above provisions at the next
				  scheduled meeting to fill the vacant position(s) for the remainder of that
				  term.
(c) The chairperson shall act
				  as presiding officer at meetings of the council. In the absence or disability
				  of the chairperson and the vice-chairperson, a presiding officer pro tem shall
				  be elected by the appointed members present, provided they constitute a
				  quorum.
(d) The duties of the
				  presiding officer shall include:
(1) Call
				  meetings to order at the appointed hour and place.
(2) Call for approval of minutes of preceding
				  meetings if a quorum is present.
(3) Maintain order.
(4) Announce business before the
				  council.
(5) Receive and submit
				  proper matters brought before the council, call for votes, and announce
				  results.
(6) Appoint committees
				  from among the members of the council as necessary to conduct
				  business.
(7) Make known rules or
				  order upon request, and decide questions of order without debate subject to an
				  appeal to the council.
(8) Perform
				  other duties which may be required by law or properly appertain to the
				  office.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 5 - RULES OF PRACTICE AND PROCEDURE › Section 6-200-43 - Voting

Current through June, 2024
All members may vote. Voting may be by a show of hands or
					 by ballot. Votes shall be recorded by name except for election of
					 officers.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 5 - RULES OF PRACTICE AND PROCEDURE › Section 6-200-44 - Disclosure of interest

Current through June, 2024
A member's disclosure of interest in any pending action
					 shall be in writing, filed and be a part of the minutes. Such disclosure
					 applies to all subsequent actions related to the same subject
					 matter.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 5 - RULES OF PRACTICE AND PROCEDURE › Section 6-200-45 - Motions

Current through June, 2024
A motion can be considered only when seconded. A motion may
					 be withdrawn by a movant with consent of the second to that motion at any time
					 prior to action being taken on the motion or amendment made to
					 it.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 5 - RULES OF PRACTICE AND PROCEDURE › Section 6-200-46 - Executive meetings

Current through June, 2024
The council may hold an executive meeting closed to the
					 public upon an affirmative vote, taken at an open meeting, of two-thirds of the
					 members present; provided the affirmative vote constitutes a majority of the
					 members to which the council is entitled. The reason for holding such a meeting
					 shall be publicly announced and the vote of each member on the question of
					 holding a meeting closed to the public shall be recorded, and entered into the
					 minutes of the meeting. A meeting closed to the public shall be limited to the
					 following matters exempted by section
					 92-5, Hawaii Revised
					 Statutes:
(1) To consider the hire,
				  evaluation, dismissal, or discipline of an officer or employee or of charges
				  brought against the officer or employee, where consideration of matters
				  affecting privacy will be involved; provided that if the individual concerned
				  requests an open meeting, an open meeting shall be held;
(2) To deliberate concerning the authority of
				  persons designated by the public defender and/or the council to conduct labor
				  negotiations or to negotiate the acquisition of public property, or during the
				  conduct of such negotiations;
(3)
				  To consult with the council's attorney on questions and issues pertaining to
				  the council's powers, duties, privileges, immunities, and
				  liabilities;
(4) To investigate
				  proceedings regarding criminal misconduct relating to the office of the public
				  defender; and
(5) To consider
				  sensitive matters related to public safety or security.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 5 - RULES OF PRACTICE AND PROCEDURE › Section 6-200-47 - Adjournment

Current through June, 2024
Adjournment motions are always in order and shall be
					 decided without debate. One motion to adjourn shall not follow another without
					 intervening business. Unless otherwise specified in the motion, every
					 adjournment of a regular meeting shall be deemed to be to the next regular
					 meeting.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 5 - RULES OF PRACTICE AND PROCEDURE › Section 6-200-48 - Reconsideration

Current through June, 2024
Whenever any action fails to get either an affirmative or
					 negative vote equal to a majority of the entire membership, that matter shall
					 be included as "unfinished business" on the agenda for the next regular
					 meeting. If a majority vote is still not possible, the council shall vote a "no
					 recommendation" on the action, which shall be counted as a denial of the
					 requested action. In any council proceeding, failure of any request to receive
					 three affirmative votes constitutes denial of the request. Only a member voting
					 with the majority may move at the same meeting or at the next regular meeting
					 to reconsider a motion. A motion to reconsider takes precedence over all other
					 questions except a motion to adjourn.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 5 - RULES OF PRACTICE AND PROCEDURE › Section 6-200-50 - Parliamentary rules

Current through June, 2024
Robert's Rules of Order, Revised, shall govern the
					 council's meetings when not inconsistent with these rules.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 5 - RULES OF PRACTICE AND PROCEDURE › Section 6-200-51 - Council agenda

Current through June, 2024
The agenda for each meeting or hearing shall be prepared
					 and distributed by the office of the public defender. A majority vote of the
					 members of the council personally present at a previous meeting is required in
					 order to have any item included on the agenda.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 5 - RULES OF PRACTICE AND PROCEDURE › Section 6-200-52 - Subpoenas, oaths, masters, etc

Current through June, 2024
The council, pursuant to chapter
					 92, Hawaii Revised Statutes, through
					 subpoena signed by its presiding officer, may subpoena witnesses to testify at
					 any duly noticed meeting of the Council. The presiding officer shall have the
					 authority to administer oaths to witnesses and require their testimony on
					 matters germane to the subject under inquiry at the hearing. The presiding
					 officer may, by written resolution adopted by vote of a majority of the
					 council, appoint a master or masters not members of the council to hold a
					 hearing, with full powers to conduct the hearing, take testimony and report to
					 the council with the master's findings and recommendations and to otherwise act
					 upon direction from the council. The council shall have the authority to
					 authorize payment of subpoena fees, master's fees and other expenses in
					 connection with the hearings payable out of funds available to the council
					 through the office of the public defender.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - OFFICE OF THE PUBLIC DEFENDER › Chapter 200 - RULES OF THE DEFENDER COUNCIL › Subchapter 5 - RULES OF PRACTICE AND PROCEDURE › Section 6-200-53 - Severability

Current through June, 2024
If any section or provision of these rules is held to be
					 invalid for any reason whatsoever, such invalidity shall not affect the
					 remaining sections or provisions of these rules which can be given effect
					 without the invalid section or provision.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 1 - GENERAL PROVISIONS › Section 7-1-1 - General guidance

Current through June, 2024
(a) Military
				justice is not and shall not be used as a substitute for military leadership.
				Providing military leadership remains the responsibility of all officers and
				noncommissioned officers of the state military forces. Guidance and counseling
				shall be given to any member of the state military forces by the member's chain
				of command at the first sign of a disciplinary problem. The commanding officer
				of each unit shall establish informal procedures to deal with disciplinary
				problems.
(b) If the use of
				informal procedures fails to resolve the member's disciplinary problem, the
				Hawaii Code of Military Justice, (cited in this subtitle as chapter
				124A, Hawaii Revised Statutes, or
				"HRS") may be used.
(c) If
				punishment must be administered, then consideration shall first be given to the
				use of nonjudicial punishment. The commanding officer shall administer
				nonjudicial punishment fairly, taking into account the facts and circumstances
				of each case. Repeat offenses may be considered as being more severe, and the
				degree of punishment may be increased. If informal procedures and nonjudicial
				punishment fail to resolve the member's disciplinary problem, or if the
				member's offense is serious, court-martial action may be taken to punish
				offenses of chapter
				124A, HRS, or chapter 7-9.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 1 - GENERAL PROVISIONS › Section 7-1-2 - Rules of procedure and evidence

Current through June, 2024
(a) The procedures
				in courts-martial cases, including modes of proof and rules of evidence, to the
				extent applicable and not governed by chapter
				124A, HRS, and this subtitle, shall
				be the same as those in:
(1) The Hawaii rules
				of penal procedure (for procedure);
(2) The Hawaii rules of evidence, chapter
				626, HRS (for evidence);
				and
(3) The Hawaii rules of penal
				procedure and the rules of the supreme court of the State of Hawaii (for
				judicial appellate procedure).
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 1 - GENERAL PROVISIONS › Section 7-1-3 - Forms

Current through June, 2024
Notwithstanding any other statement in this subtitle with
				  reference to specific United States Department of Defense, or United States
				  Army or United States Air Force forms, the forms in the exhibits in this
				  subtitle may be used interchangeably by the various services of the state
				  military forces in the administration of military justice. Failure to use the
				  forms prescribed in this subtitle or those found in United States Army or Air
				  Force directives shall not constitute jurisdictional error or in any way
				  invalidate the proceeding. If United States Department of Defense, Army, or Air
				  Force forms are used, care shall be taken to modify those forms where necessary
				  to comply with chapter
				  124A, HRS. All references to the
				  "Uniform Code of Military Justice" or "Manual for Courts-Martial, United
				  States" shall be deleted, and appropriate references to chapter
				  124A, HRS, this subtitle, or both,
				  shall be substituted. Reference to an "article" of chapter
				  124A, HRS (rather than to a
				  "section") shall be deemed to refer to the appropriate "section". Forms in this
				  subtitle may be reproduced as necessary.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 1 - GENERAL PROVISIONS › Section 7-1-5 - Certification of trial and defense counsel and law officers

Current through June, 2024
The state judge advocate shall certify officers of the state
				  military forces who are competent and qualified for duty, as trial and defense
				  counsel, and law officers.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 1 - GENERAL PROVISIONS › Section 7-1-7 - Delegation of authority

Current through June, 2024
Pursuant to the authority vested in the governor, and under
				  section
				  124A-171(a),
				  HRS, the governor of Hawaii has delegated all authority vested in the governor
				  under chapter
				  124A, HRS, except the authority
				  given to the governor by sections
				  124A-36
				  and
				  124A-41,
				  to the adjutant general. The governor has further authorized the adjutant
				  general to subdelegate the authority that has been delegated to the adjutant
				  general.
A copy of the formal delegation of authority is included in
				  the exhibit entitled "Executive Order", dated November 23, 1984, located at the
				  end of this subtitle.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 1 - GENERAL PROVISIONS › Section 7-1-8 - Rights during investigations

Current through June, 2024
Any person suspected or accused of any offense under chapter
				  124A, HRS, or chapter 7-9, shall
				  have the right to remain silent, and the right to counsel during any
				  investigation. DA Form 3881, a copy of which is set forth in the exhibit
				  entitled "Annex 4", and AF Form 1168, a copy of which is set forth in the
				  exhibit entitled "Annex 4B", both dated 1 October 1988, and located at the end
				  of this subtitle, may be used as guides by investigating officers; provided
				  appropriate modifications shall be made in accordance with section
				  7-1-3.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-1 - General provisions

Current through June, 2024
Under section
				  124A-21,
				  HRS, a commanding officer may impose non-judicial punishment upon military
				  personnel of the commanding officer's command for minor offenses. The
				  commanding officer shall distinguish non-judicial punishment from non-punitive
				  disciplinary measures which may include but shall not be limited to:
(1) Adverse conduct and efficiency
				ratings;
(2) Admonitions or
				reprimands; or
(3) Reductions for
				inefficiency.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-2 - Offenses punishable under section 124A-21, HRS

Current through June, 2024
(a) The
				individual shall have committed an offense in violation of chapter
				124A, HRS, or chapter 7-9.
(b) The Offense committed shall also be of a
				minor nature, as "judicial" methods of dealing with criminal activity (for
				example, arrest and imprisonment) are not available in non-judicial punishment.
				The nature of the offense and the circumstances surrounding its commission are
				among the factors which shall be considered in determining whether or not the
				offense is minor in nature. Generally, the term "minor" includes misconduct not
				involving any greater degree of criminality than is involved in the average
				offense tried by a summary court-martial.
(c) Due regard shall be given to the personal
				history of the offender in determining whether to use the provisions of
				section.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-3 - Persons who may be punished

Current through June, 2024
A commanding officer may impose non-judicial punishment only
				  upon members of the state military forces:
(1) Of the commanding officer's command
				(including any personnel attached to the commanding officer's command);
				and
(2) Who are on state active
				duty, duty status other than state active duty, or while under lawful orders to
				be in either duty status.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-4 - Who may impose non-judicial punishment

Current through June, 2024
(a) Non-judicial
				punishment may be imposed by any commanding officer, unless a superior
				commanding officer has restricted or withheld the authority to impose
				punishment on certain categories of military personnel or offenses. For
				example, general officers in command may reserve to themselves the authority to
				impose non-judicial punishment on officers within their command.
(b) A detachment commander shall be an
				officer in charge as mentioned in section
				124A-21(c),
				HRS, and shall have the same authority as the commanding officer to impose
				non-judicial punishment upon members of the officer's detachment.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-5 - Authorized punishments

Current through June, 2024
(a) The
				non-judicial punishments that a commanding officer may impose shall be as set
				forth in the exhibit entitled "Annex 1" dated 1 November 1984, located at the
				end of this subtitle, which is made a part of this section. As indicated in the
				exhibit, a field grade commanding officer may impose a more severe non-judicial
				punishment than a company grade or warrant officer in command.
(b) If the company grade or warrant officer
				in command does not believe that the officer's punishment authority is adequate
				in light of the offense, the officer may forward the case to the officer's
				field grade commanding officer and request the field grade commanding officer
				to exercise punishment authority under section
				124A-21,
				HRS.
(c) A sample document for
				transmitting a case for action by a superior commanding officer is set forth in
				the exhibit entitled "Annex 2" dated 1 November 1984, located at the end of
				this sub-title, which is made a part of this section.
(d) A superior officer shall not:
(1) Direct that a subordinate commanding
				officer take action under section
				124A-21,
				HRS; or
(2) Dictate to a
				subordinate commanding officer the type or amount of punishment to be
				administered under section
				124A-21,
				HRS.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-6 - Procedure generally

Current through June, 2024
(a) Before taking
				action to impose non-judicial punishment, a commanding officer shall determine
				that:
(1) The member's duty status is one to
				which chapter
				124A, HRS applies, as indicated in
				sections
				124A-1 and
				124A-2,
				HRS;
(2) The alleged misconduct
				actually took place;
(3) The
				misconduct was an offense under chapter
				124A, HRS;
(4) The accused member committed the offense;
				and
(5) Non-judicial punishment is
				appropriate to the offense in view of the severity of the offense and the
				member's past record.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-7 - Elements of offenses

Current through June, 2024
The commanding officer shall consult the paragraph entitled
				  "Proof found under the appropriate punitive article in Chapter XXVIII of the
				  Manual for Courts-Martial, United States, as it existed on 1 July 1984, to
				  determine whether an offense has been committed. A table cross-referencing the
				  punitive articles of chapter
				  124A, HRS to the punitive articles
				  in Chapter XXVIII, Manual for Courts-Martial, United States is set forth in the
				  exhibit entitled "Annex 2A" dated 1 November 1984, located at the end of this
				  subtitle, which is made a part of this section.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-8 - Evidence required

Current through June, 2024
Although no formal rules of evidence or standards of proof
				  apply to any phase of non-judicial punishment proceedings, the commanding
				  officer shall recognize that the suspected offender is entitled to demand trial
				  by court-martial at which proof beyond a reasonable doubt by competent evidence
				  is a prerequisite to punishment. Accordingly, the commanding officer shall
				  consider whether proof beyond a reasonable doubt by competent evidence would be
				  obtainable before initiating non-judicial punishment. If competent evidence
				  which would provide proof beyond a reasonable doubt does not exist,
				  non-judicial punishment shall not be warranted.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-9 - Notification

Current through June, 2024
(a) The first stage of a proceeding to impose
				non-judicial punishment is the commanding officer's notification to the
				individual concerned. The elements of this step shall be as set forth on AGHI
				Form SJAG 1, a copy of which is set forth on the exhibit entitled "Annex 3"
				dated 1 November 1984, located at the end of this subtitle, which is made a
				part of this section.
(b) The
				notification portion of the proceeding shall contain the elements set forth in
				sections
				7-2-10 to
				7-2-13.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-10 - Statement of the offense

Current through June, 2024
The commanding officer shall inform the member that the
				  commanding officer intends to impose non-judicial punishment, and shall give
				  the member a brief description of the offense or offenses that the commanding
				  officer believes the member has committed.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-12 - Statement of maximum punishment

Current through June, 2024
The commanding officer shall inform the member,of the maximum
				  punishment authorized if non-judicial punishment is imposed, and the maximum
				  punishment that could be imposed by each type of
				  court-martial.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-13 - Right to remain silent

Current through June, 2024
The commanding officer shall inform the member that the
				  member has a right to remain silent and that anything the member says can and
				  will-be used against the member in the non-judicial punishment action or any
				  subsequent action.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-14 - Member's election of rights; time to reply

Current through June, 2024
The member shall elect whether to submit to the non-judicial
				  punishment proceedings or to demand trial by court-martial. The member shall
				  make this election on AGHI Form SJAG la, a copy of which is set forth on the
				  exhibit entitled "Annex 5" dated 1 November 1984, located at the end of this
				  subtitle, which is made a part of this section.
The member shall have three duty days to reply to the
				  notification of intent to impose non-judicial punishment, unless this period is
				  waived. The member may submit written justification for a longer period of time
				  and the commanding officer may extend the time in a proper case. A duty day is
				  a calendar day during which the member is scheduled to perform duty.
Examples:
(1) The
				unit's monthly drill dates are 2 and 3 June and 2 and 3 July. If the
				notification is given on 2 June, the reply may be required on 2 July;
(2) The unit drills on 2 and 3 June and
				begins its fifteen days annual training on 2 July. If the notification is given
				on 3 June, the reply may be required on 3 July.
The duty day during which the notification is heard may be
				  included in computing the three day period. If the member fails to reply within
				  the time allowed, the proceedings may be continued; or terminated and
				  court-martial action initiated.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-15 - Demand for trial by court-martial

Current through June, 2024
If the member demands trial by court-martial, the
				  non-judicial punishment action shall be terminated. The commanding officer
				  shall then decide whether to initiate court-martial action.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-16 - Waiver of court-martial

Current through June, 2024
(a) If the member
				waives court-martial and does not submit matters in the member's own behalf,
				the commanding officer may immediately proceed to impose punishment.
(b) If the member waives court-martial but
				does submit matters in defense, extenuation, or mitigation, orally or in
				writing, the commanding officer shall consider these matters. If the commanding
				officer determines that there is insufficient evidence to support the
				allegations against the member, or that there is some other valid reason for
				not punishing the member, the non-judicial punishment proceeding shall be
				terminated and all records concerning the proceeding shall be
				destroyed.
(c) If, after
				considering submitted matters, the commanding officer is convinced that the
				member is guilty of the offense or offenses charged, and that non-judicial
				punishment is appropriate, the commanding officer shall impose
				punishment.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-17 - Conduct of proceedings

Current through June, 2024
Non-judicial punishment proceedings shall be conducted
				  personally by the commanding officer in the presence of the member concerned.
				  If the member fails or refuses to report for the proceedings, court-martial
				  charges may be preferred. The exhibit entitled "Annex 6" dated 1 November 1984,
				  located at the end of this subtitle, may be referred to as a guide for
				  conducting non-judicial punishment proceedings.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-18 - Imposition of punishment; maximum punishments

Current through June, 2024
(a) The maximum
				punishment authorized in non-judicial punishment proceedings shall be as
				provided in the exhibit entitled "Annex 1" dated 1 November 1984, located at
				the end of this subtitle, which is made a part of this section.
(b) A commanding officer shall not administer
				punishment for misconduct that has been previously punished by non-judicial
				punishment or court-martial. Action by a commanding officer taken on an appeal
				shall not be considered to be "administering punishment" within the meaning of
				this section. A member who has been charged in a civil court shall not be
				subject to non-judicial punishment or court-martial action for the same act or
				acts over which the civil court has exercised its criminal jurisdiction. The
				commanding officer shall be aware of certain limitations on punishment. The
				maximum punishment shall be admonition or reprimand and one of the other
				punishments set forth in Annex 1.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-19 - Imposition of punishment; informing the offender

Current through June, 2024
The commanding officer imposing the punishment shall
				  personally announce the punishment to the offender. At this time, the
				  commanding officer shall explain the offender's right to appeal and the
				  procedures to do so. If a fine is imposed, the commanding officer shall set the
				  time by which the fine shall be paid. The maximum period for paying the fine
				  shall be not more than ten calendar days after imposition, unless the
				  commanding officer determines that extraordinary circumstances require a longer
				  period in the interests of justice.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-20 - Fines

Current through June, 2024
If a fine is imposed and paid as a result of non-judicial
				  punishment action, the person receiving the money shall pay it to the director
				  of finance, State of Hawaii, within thirty days of the receipt of the money.
				  The exhibit entitled "Annex 7" dated 1 November 1984, located at the end of
				  this subtitle, contains a sample letter of transmittal of a non-judicial
				  punishment fine. If a fine is imposed and not paid when due, court-martial
				  proceedings under the original charges may be instituted as if no non-judicial
				  punishment action has occurred.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-21 - Responsibilities after imposition

Current through June, 2024
(a) A commanding
				officer imposing non-judicial punishment may suspend, mitigate, remit, or set
				aside that punishment if the commanding officer finds the action is warranted
				by the circumstances of the case. This power gives the commanding officer an
				effective means of rehabilitating the offender which is often more valuable
				than the power to punish. Examples of indorsements to be used in connection
				with the powers stated in this section are set forth in the exhibit entitled
				"Annex 8", dated 1 November 1984, located at the end of this subtitle, which is
				made a part of this section.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-22 - Suspension

Current through June, 2024
(a) When punishment is suspended, held in
				abeyance, or not put into effect for a specified period of time, a probationary
				period results during which the member is permitted to demonstrate good conduct
				and efficiency, and provide the member with an incentive to stay out of
				trouble. The unexecuted portion of any non-judicial punishment may be suspended
				for a reasonable time not to exceed six months, or until the offender's
				expiration of present term of service (ETS) day, whichever is
				earlier.
(b) No favorable personnel
				actions may be taken during the period of suspension. If, during the period of
				suspension, the member commits further actions of misconduct, the suspension
				may be vacated (terminated) and the original punishment put into effect. Unless
				the suspension is sooner vacated, suspended portions of the punishment shall be
				remitted, without further action, upon the termination of the period of
				suspension.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 2 - NONJUDICIAL PUNISHMENT › Section 7-2-23 - Mitigation

Current through June, 2024
The severity of the punishment called for by the offense may
				  be reduced by mitigating circumstances. Mitigation may be appropriate when the
				  member has demonstrated by a previous record of good conduct and efficiency
				  that the member merits a decrease in punishment.