Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 10 - SUITABILITY DETERMINATIONS FOR STAFF MEMBERS AND PROSPECTIVE STAFF MEMBERS › Section 23-10-1 - Definitions

Current through June, 2024
As used in this chapter:
"Affected individual" means the person about whom a Federal
				  Bureau of Investigations (FBI) identification record pertains.
"Arrest records" means criminal history information obtained
				  from sources other than the FBI pertaining to arrests for alleged criminal
				  behavior.
"Clean criminal history record" means that a person's
				  criminal record check shows no indication of criminal behavior.
"Conviction" means a final determination of guilt, whether by
				  plea of the accused in open court, by verdict of the jury, or by decision of
				  the court, as defined by section
				  831-3.2,
				  Hawaii Revised Statutes, or as the same may be amended and shall include, a
				  judicial, military, or law enforcement judgment, verdict, or adjudicator
				  finding that an individual has committed an offense, where such judgment,
				  verdict, or finding is still valid.
"Criminal conviction record" means criminal history
				  information obtained from sources other than the FBI pertaining to a person's
				  conviction of a crime.
"Criminal history" means information about a person's actual
				  or alleged criminal offense(s).
"Criminal history record" means evidence of a person's actual
				  or alleged criminal offense (s) (arrests, convictions, and supporting
				  information) on file with law enforcement agencies, courts, the Hawaii criminal
				  justice data center or in the national criminal history record files.
"Criminal history record check" means an examination or
				  search for evidence of a person's criminal history by means of:
(1) a search for the person's fingerprints in the national
				  criminal history record files, and, if found, an analysis and any other
				  information available pertaining thereto; and
(2) a criminal history record check conducted by the Hawaii
				  criminal justice data center.
"Department" means the department of public safety.
"Employment record check" means information relating to a
				  person's work experience.
"FBI identification record" means a listing of certain
				  information taken from fingerprint cards submitted to and retained by the FBI
				  in connection with arrests and, in some instances, includes information taken
				  from fingerprint cards submitted in connection with federal employment,
				  naturalization, or military service. The FBI record is often referred to as a
				  "rap sheet". The identification record includes the name of the agency or
				  institution which submitted the fingerprint card to the FBI. if the fingerprint
				  card concerns a criminal offense, the arrest charge, and the disposition of the
				  arrest if known to the FBI. All arrest data included in an identification
				  record are obtained from fingerprint cards, disposition reports and other
				  reports submitted by agencies having criminal justice responsibilities.
				  Therefore, the FBI Identification Division is not the source of the arrest data
				  reflected on an identification record.
"FBI rules to correct the FBI identification record" means
				  rules and regulations published in the Federal Register by the FBI pertaining
				  to the procedure for the affected individual to obtain, review, and request
				  change, correction, or updating of any alleged deficiency to the FBI
				  identification record.
"Fingerprinting" means the recording of a person's
				  fingerprints using conventionally accepted equipment and procedures to satisfy
				  the quality, readability, and specifications of the FBI's and the Hawaii
				  criminal justice data center's criminal history record checking
				  requirements.
"Position" means a specific job, whether occupied or vacant,
				  consisting of all the duties and responsibilities assigned or delegated by a
				  competent authority, requiring the full or part-time employment of one
				  person.
"Prospective staff member" means any applicant for a position
				  in the department who is directly involved with the treatment and care of
				  persons committed to a facility or who possesses police powers including the
				  power to arrest.
"Staff member" means any employee of the department who is
				  directly involved with the treatment and care of persons committed to a
				  facility or who possesses police powers including the power of arrest.
"Suitability" means fitness for employment after
				  consideration of such factors as character, criminal history records,
				  employment record, and other such information that the department deems
				  necessary to ensure that staff members and prospective staff members are of
				  reputable and responsible character, and are capable of performing the duties
				  of the job.
"Suitability determination" means determining the applicant's
				  suitability for any position classified' as a "staff member." The suitability
				  determination may be based on a criminal history record check, employment
				  record checks, and other sources of information as the department deems
				  necessary to evaluate character, reputation, and suitability for employment or
				  continued employment.
"Unshorn falsification to authorities" means providing to the
				  department an incorrect statement or a material omission by an applicant or
				  staff person and shall be grounds for termination of a staff member or refusal
				  to hire a prospective staff member.