reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 148 - PROTEST AND REQUEST FOR RECONSIDERATION › Subchapter 2 - INFORMAL RESOLUTION OF PROTESTS › Section 3-148-202 - Resolution of protest by mutual agreement

Current through June, 2024
(a) A protest may,
					 at any time, be resolved by mutual agreement between the protestor and the
					 purchasing agency.
(b)
Form of mutual agreement
. Any resolution of a protest
					 under this section shall be reduced to written form, and signed by both
					 parties.
(c)
Remedies
					 available
. In order to resolve a protest by mutual agreement, only
					 the following remedies, singularly or in any combination may be used:
(1) Amending or canceling a request for
					 proposals;
(2) Terminating the
					 contract which was awarded;
(3)
					 Initiating a new process to award a contract by either re-opening the
					 evaluation process or commencing a new procurement process;
(4) Declaring the contract null and void from
					 the time of its award;
(5)
					 Affirming the purchasing agency's contract award decision; and
(6) Dismissing the protestor's
					 protest.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 148 - PROTEST AND REQUEST FOR RECONSIDERATION › Subchapter 3 - PROCEDURE FOR PROTESTS › Section 3-148-301 - Notice of protest

Current through June, 2024
(a) Protestors
					 shall commence the protest procedure by submitting a notice of protest to the
					 head of the purchasing agency that conducted the protested procurement, and to
					 the procurement officer who handled the protested procurement.
(b)
Form of notice of
					 protest
. A notice of protest may be made by using a form provided
					 by the administrator, or by any other document that conforms with the
					 requirements of this subsection. A notice of protest shall include, at a
					 minimum, the following information:
(1) The
					 name and address of the protestor;
(2) The name of the procurement officer or
					 other personnel who oversaw the protested procurement;
(3) The reference number of the protested
					 procurement; and
(4) A brief
					 statement of the grounds for the protest.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 148 - PROTEST AND REQUEST FOR RECONSIDERATION › Subchapter 3 - PROCEDURE FOR PROTESTS › Section 3-148-302 - Settlement and scheduling conference

Current through June, 2024
(a) Within three
					 working days of receiving a notice of protest, the head of the purchasing
					 agency shall organize and conduct a settlement and scheduling conference with
					 the protestor and the procurement officer in charge of the protested award and
					 issue a scheduling order in accordance with this section.
(b)
Procedure for settlement and
					 scheduling conference
. The settlement and scheduling conference
					 may be conducted face to face, by telephone conference, or other electronic
					 communications medium. At a minimum, the conference will address the following
					 topics:
(1) Whether the protest can be
					 resolved by mutual agreement without submitting the matter to the head of the
					 purchasing agency for decision; and
(2) Whether there will be any requests for
					 clarification under section 3-148-502, and how much time the parties will need
					 to make and respond to such requests.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 148 - PROTEST AND REQUEST FOR RECONSIDERATION › Subchapter 3 - PROCEDURE FOR PROTESTS › Section 3-148-303 - Written protest

Current through June, 2024
(a) A protestor
					 shall file a written protest in accordance with this section.
(b)
Form and contents of
					 protests
. Protests shall be made in writing and shall contain at a
					 minimum the following information and materials:
(1) The name and address of the
					 protestor;
(2) Appropriate
					 identification of the procurement;
(3) A statement of reasons for the
					 protest;
(4) Supporting exhibits,
					 evidence, or documents to substantiate the protest;
(5) Any additional relevant information that
					 would help the purchasing agency reach a decision; and
(6) A declaration by the protestor that all
					 facts alleged in the protest are true and correct to the best of the
					 protestor's knowledge
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 148 - PROTEST AND REQUEST FOR RECONSIDERATION › Subchapter 3 - PROCEDURE FOR PROTESTS › Section 3-148-304 - Response to protest

Current through June, 2024
(a) A purchasing
					 agency shall respond in writing to the protest in accordance with this
					 section.
(b)
Form and
					 contents of response
. Every response to a protest shall be made in
					 writing and shall contain at a minimum the following information and materials:
(1) The name and address of the procurement
					 officer in charge of the protested award;
(2) The purchasing agency's position with
					 respect to the protest, and the reasons for the purchasing agency's
					 position;
(3) Supporting exhibits,
					 evidence, or documents to substantiate the purchasing agency's position;
					 and
(4) Any additional relevant
					 information that would help the head of the purchasing agency reach a
					 decision.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 148 - PROTEST AND REQUEST FOR RECONSIDERATION › Subchapter 3 - PROCEDURE FOR PROTESTS › Section 3-148-305 - Reply by provider

Current through June, 2024
(a) A provider may
					 make a reply to a purchasing agency's response under section 3-148-304 in
					 accordance with this section.
(b)
Form and contents of reply
. A reply may contain the
					 following information and materials:
(1)
					 Additional reasons or arguments supporting the position of the
					 applicant;
(2) Additional evidence
					 or materials supporting the position of the applicant; or
(3) Any additional relevant information that
					 would help the head of the purchasing agency reach a decision.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 148 - PROTEST AND REQUEST FOR RECONSIDERATION › Subchapter 3 - PROCEDURE FOR PROTESTS › Section 3-148-306 - Decision by the head of the purchasing agency

Current through June, 2024
(a) When a
					 protest cannot be resolved by mutual agreement, the head of the purchasing
					 agency shall resolve the protest by a written decision issued in accordance
					 with this section.
(b)
Time for issuance of decision
. The written decision
					 shall be issued within the time frame established by the scheduling order,
					 unless the head of the purchasing agency determines that an extension to a
					 certain date is necessary, and gives written notice of the extended deadline to
					 the parties.
(c)
Form
					 and contents of decision
. Every decision issued in resolution of a
					 protest shall contain the following:
(1) A
					 statement of the action to be taken or resolution to the protest;
(2) A detailed statement of the reason for
					 the resolution, including factual findings;
(3) A statement of the protestor's right to
					 reconsideration; and
(4) A
					 statement that the decision is final and conclusive, unless a timely request
					 for reconsideration is made.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 148 - PROTEST AND REQUEST FOR RECONSIDERATION › Subchapter 4 - PROCEDURE FOR REQUESTS FOR RECONSIDERATION › Section 3-148-401 - Request for reconsideration

Current through June, 2024
(a) A request to
					 the chief procurement officer for the reconsideration of a decision of the head
					 of a purchasing agency may be made in accordance with this section.
(b)
Time for
					 request
. A request for reconsideration shall be made within five
					 working days after the receipt of the decision of the head of the purchasing
					 agency.
(c)
Form and
					 contents of request
. A request for reconsideration shall, contain
					 the following materials and information:
(1)
					 A detailed statement of the factual and legal grounds for reconsideration based
					 on the materials presented to the head of the purchasing agency during the
					 initial protest procedure.
(2)
					 Copies of the scheduling order, protest, answer, reply, decision and supporting
					 materials submitted during the initial protest procedure.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 148 - PROTEST AND REQUEST FOR RECONSIDERATION › Subchapter 4 - PROCEDURE FOR REQUESTS FOR RECONSIDERATION › Section 3-148-402 - Decision by the chief procurement officer

Current through June, 2024
(a) After a request
					 for reconsideration and any reply thereto have been received, the chief
					 procurement officer shall issue a written decision in accordance with this
					 section.
(b)
Time for
					 issuance of decision
. The written decision shall be issued within
					 fifteen calendar days of the receipt of the request for reconsideration, unless
					 the chief procurement officer determines that an extension to a certain date is
					 necessary, and gives written notice of the extended deadline to the
					 parties.
(c)
Form and
					 contents of decision
. Every decision issued in resolution of a
					 protest shall be in writing, and shall, at a minimum, contain the following:
(1) The decision of the chief procurement
					 officer to uphold the decision of the head of the purchasing agency, or to
					 re-open the protest and award an appropriate remedy; and
(2) A detailed statement of the reason for
					 the decision, including factual findings.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 148 - PROTEST AND REQUEST FOR RECONSIDERATION › Subchapter 5 - MISCELLANEOUS PROCEDURES › Section 3-148-501 - Suspension of Award

Current through June, 2024
(a) When a notice
					 of protest has been submitted within the applicable protest period established
					 in section 3-148-301, the award shall be suspended, and no further action to
					 make the protested award shall be taken, including but not limited to
(1) Execution of a contract;
(2) The delivery of services in anticipation
					 of the award; or
(3) Negotiations
					 or discussions with a provider regarding an intended award or
					 contract.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 148 - PROTEST AND REQUEST FOR RECONSIDERATION › Subchapter 5 - MISCELLANEOUS PROCEDURES › Section 3-148-502 - Requests for clarification

Current through June, 2024
(a) During a
					 protest, the protestor and the purchasing agency may request relevant
					 information from each other in accordance with this section.
(b)
Purchasing agency procurement
					 records
. The protestor may make a written request for access to
					 the purchasing agency's relevant procurement records, and the purchasing agency
					 shall provide such access except to the extent that information is required or
					 permitted to be withheld by law.
(c)
Additional
					 information
. Both parties may make written requests for additional
					 relevant information to each other. Parties from whom additional information is
					 requested shall respond by producing such additional information except to the
					 extent that such information is required or permitted to be withheld by
					 law.
(d)
Time for
					 requests and responses
. The deadlines for requests and responses
					 under this section shall be as provided by the scheduling order issued in
					 accordance with section 3-148-302.
(e)
Disputes
. The
					 parties shall make all requests and responses in good faith, and shall make
					 good faith efforts to resolve any disputes as to requests and responses that
					 arise. In the event that a dispute arises that the parties cannot resolve, then
					 the head of the purchasing agency may resolve such dispute as fairly as
					 possible in the light of all the circumstances.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 148 - PROTEST AND REQUEST FOR RECONSIDERATION › Subchapter 5 - MISCELLANEOUS PROCEDURES › Section 3-148-503 - Form of evidence submitted during a protest or reconsideration

Current through June, 2024
(a) During a protest or reconsideration, all
					 evidence shall be submitted in the form provided by this section.
(b)
Documentary
					 evidence
. Either originals or photocopies of documentary evidence
					 may be submitted, but every photocopy shall be accompanied with an original
					 signed declaration that the photocopy is a true and correct copy of the
					 original.
(c)
Witness
					 testimony
. Testimony from a witness or other person with knowledge
					 may be submitted in the form of an original, signed declaration made under
					 penalty of perjury.
(d)
Other forms of evidence
. Other forms of evidence such
					 as photographs, or video or audio tapes may be submitted, provided that they
					 are accompanied by an original, signed declaration.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 148 - PROTEST AND REQUEST FOR RECONSIDERATION › Subchapter 5 - MISCELLANEOUS PROCEDURES › Section 3-148-504 - Conduct of the head of purchasing agency during protests

Current through June, 2024
(a)
					 During the resolution of a protest proceeding under this chapter, the head of a
					 purchasing agency shall conduct him or herself as a neutral and impartial
					 party. If the head of a purchasing agency cannot meet this standard of conduct
					 because of a conflict of interest arising from the head's involvement in the
					 protested procurement, or other good cause, the head shall designate another
					 state employee to act in his or her place.
(b)
Communications with the
					 head
. Neither the protestor nor the procurement officer in charge
					 of the protested procurement shall communicate with the head of the purchasing
					 agency in connection with the merits of a protest without first informing the
					 other. The head of the purchasing agency shall not communicate singly with
					 either the protestor or the procurement officer in charge of the protested
					 procurement as to the merits of the protest without first informing the
					 other.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 149 - CONTRACTING › Subchapter 1 - PURPOSE AND SCOPE › Section 3-149-101 - Scope

Current through June, 2024
The provisions of this chapter shall apply to all
						contracts awarded under chapter
						103F, HRS, and these
						rules.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 149 - CONTRACTING › Subchapter 1 - PURPOSE AND SCOPE › Section 3-149-102 - Purpose

Current through June, 2024
The purpose of this chapter is to provide for uniform
						practices and procedures for drafting, monitoring, and evaluating contracts
						awarded under chapter
						103F, HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 149 - CONTRACTING › Subchapter 2 - CONTRACT FORMS AND CONDITIONS › Section 3-149-201 - Contracts subject to appropriation of state funds

Current through June, 2024
(a)
					 Every contract awarded pursuant to chapter
					 103F, HRS, shall, at all times, be
					 subject to the appropriation of state funds, and may be terminated without
					 liability to either the purchasing agency or the provider in the event that
					 funds are not appropriated or available.
(b) Clarification for multi-term contracts, A
					 multi-term contract shall be subject to the availability and appropriation of
					 funds for each and every fiscal year that it is in effect, and may be
					 terminated without liability to either the purchasing agency or the provider in
					 the event that funds are not appropriated or available for any fiscal
					 year.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 149 - CONTRACTING › Subchapter 2 - CONTRACT FORMS AND CONDITIONS › Section 3-149-202 - Contracts subject to the availability of federal funds

Current through June, 2024
(a)
					 Every contract awarded pursuant to Chapter
					 103F, HRS, that is partially or
					 wholly funded from federal funds shall be subject to the availability of
					 federal funds as provided herein.
(b) Federally funded portion of contract
					 severable. The portion of any contract awarded pursuant to chapter 103P, HRS,
					 that is funded federally shall be severable from the contract as a whole, and
					 such portion may be severed and terminated without liability to either the
					 purchasing agency or the provider, in the event of the unavailability of
					 federal funds.
(c) No obligation to
					 expend state funds. No contract awarded pursuant to chapter
					 103F, HRS, that is partially or
					 wholly funded from federal funds shall be construed to obligate a purchasing
					 agency to expend state funds to cover any shortfall created by the
					 unavailability of the anticipated federal funds.
(d) Clarification for contracts wholly funded
					 from federal funds. Any contract awarded pursuant to chapter
					 103F, HRS, that is wholly funded
					 from federal funds shall, at all times, be subject to the availability of the
					 federal funds, and may be terminated without liability to either the purchasing
					 agency or the provider in the event that the federal funds do not become
					 available. Such a contract shall not be construed as an obligation to expend
					 state funds to replace unavailable federal funds.
(e) Construction of section. This section
					 shall be liberally construed so as not to hinder or impede the state in
					 contracting for any service involving financial aid from the federal
					 government, nor shall it be construed in a way that hinders or impedes a
					 purchasing agency's application for or receipt of federal funds.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 149 - CONTRACTING › Subchapter 2 - CONTRACT FORMS AND CONDITIONS › Section 3-149-203 - Contract requirement

Current through June, 2024
(a) Every contract
					 awarded under chapter 103P, HRS, shall be made in writing as provided herein
					 before any funds are disbursed by a purchasing agency, or any services are
					 provided by a provider.
(b)
					 Selection of contract form. A purchasing agency may use any of the following
					 methods for preparing a written contract as required in subsection (a):
(1) Standard forms, A purchasing agency may
					 always use the standard form contracts prepared by the attorney general
					 pursuant to subsection (c).
(2)
					 Purchase order. A purchasing agency may use a purchase order for procurements
					 less than $25,000 made under the treatment and small purchase of service
					 methods if the purchasing agency determines, in its discretion, that the
					 state's legal interests are adequately protected without the use of a formal
					 written contract.
(3) Form
					 generated by the purchasing agency. A purchasing agency may generate its own
					 forms of contract by following the procedures in subsection (e).
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 149 - CONTRACTING › Subchapter 2 - CONTRACT FORMS AND CONDITIONS › Section 3-149-204 - Termination of contracts

Current through June, 2024
(a) Every contract
					 awarded under chapter
					 103F, HRS, and these rules shall
					 contain a clause providing for termination of the contract, either in whole or
					 in part, for nonperformance, reduction in funds available to pay the provider,
					 or a change in the conditions upon which the need for the service was based.
					 Such clause shall also require that the purchasing agency give advanced notice
					 of ten working days to the provider, that includes a brief statement of the
					 reason for the termination.
(b)
					 Additional termination clauses authorized. In addition to the termination
					 clause required under subsection (a), a contract awarded under chapter
					 103F, HRS, may include any
					 additional termination clauses deemed necessary or advisable in order to
					 protect the interests of the state.
(c) Election of termination clause. When a
					 contact awarded under chapter
					 103F, HRS, contains more than one
					 termination clause, a purchasing agency may, in its sole discretion, elect
					 which termination clause to invoke in order to terminate the
					 contract.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 149 - CONTRACTING › Subchapter 3 - MISCELLANEOUS CONTRACTING PROCEDURES › Section 3-149-301 - Extension of existing contract during procurement process

Current through June, 2024
(a)
					 In order to provide continuity of services during the procurement process, the
					 term of a contract may be extended in accordance with this section until a new
					 contract has been awarded and executed under the procurement procedures
					 established by chapter
					 103F, HRS, and these
					 rules.
(b) Conditions for
					 extension. A contract may be extended if all of the following conditions are
					 met:
(1) The extension will be made for the
					 purpose of providing continuity of services during the period between:
(A) The termination of the contract to be
					 extended; and
(B) The effective
					 date of a contract to be awarded and executed through a pending procurement
					 procedure;
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 149 - CONTRACTING › Subchapter 3 - MISCELLANEOUS CONTRACTING PROCEDURES › Section 3-149-302 - Multi-term contract use, requirements and procedures

Current through June, 2024
(a)
					 Multi-term contracts may be awarded in accordance with the terms of this
					 section in order to advance the interests of the state through greater economy
					 or efficiency in the provision of health and human services.
(b) Multi-term contract defined. A multi-term
					 contract is any contract that covers a term of more than two years, or that
					 provides for extension beyond a two-year term.
(c) Required determination for the use of
					 multi-term contracts. In order to use a multi-term contract, a purchasing
					 agency must make a determination that funds are available for the first fiscal
					 period of the contract, and that a multi-term contract is in the best interest
					 of the purchasing agency such as the following:
(1) Provision of the required services
					 involves high start-up costs that only have to be paid once over the life of
					 the contract;
(2) Where a
					 changeover of providers would involve both high phase-in and high phase-out
					 costs during the transition period;
(3) When stabilization of the provider's
					 workforce over a longer period of time would promote economy and consistent
					 quality;
(4) Where there is a
					 compelling clinical reason for continuity in services from a provider, as
					 applicable; or
(5) Where the
					 benefit to be gained from normal competitive practices is substantially
					 outweighed by the costs associated with repeated competitive purchases of
					 services.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 149 - CONTRACTING › Subchapter 3 - MISCELLANEOUS CONTRACTING PROCEDURES › Section 3-149-303 - Amendment of contracts

Current through June, 2024
(a) Every amendment
					 to a contract awarded under chapter 103P, HRS, shall be made in accordance with
					 this section.
(b) Form of
					 amendment. Every amendment shall be made in writing, and signed by both
					 parties.
(c) Procedures for
					 amendment. The head of a purchasing agency may negotiate to amend an existing
					 contract at any time provided that the amendment does not constitute a
					 fundamental change.
(d) Fundamental
					 change. A fundamental change to a contract is one which is so great that a
					 reasonable purchasing agency would in light of all the circumstances,
					 re-procure the required services instead of amending an existing contract in
					 order to assure that the state is receiving the most advantageous bargain. In
					 the case of a contract awarded under chapter 3-144, 3-145, 3-146 or 3-147, a
					 fundamental change is also any change that would result in an amendment that
					 would exceed the scope of the chapter of these rules under which the contract
					 was originally awarded.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 149 - CONTRACTING › Subchapter 3 - MISCELLANEOUS CONTRACTING PROCEDURES › Section 3-149-304 - Parceling forbidden

Current through June, 2024
(a) The practice of
					 parceling a large single purchase of health and human services into multiple
					 smaller purchases in order to avoid conducting a competitive purchase of
					 services, or to otherwise frustrate the purposes of chapter
					 103F, HRS, and these rules is
					 forbidden.
(b) Suspension of power
					 to procure. In the event that it is determined that a purchasing agency is
					 guilty of parceling, the administrator may, in his or her discretion, take any
					 action permitted by law he or she deems appropriate in order to address the
					 situation, including order that all or a part of the purchasing agency's
					 procurement activities shall be conducted under the direct supervision of its
					 chief procurement officer, or the administrator.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 149 - CONTRACTING › Subchapter 4 - MONITORING OF CONTRACTS › Section 3-149-401 - Contract monitoring

Current through June, 2024
(a) Each purchasing
					 agency shall formulate and implement a monitoring plan consisting of the
					 following components:
(1) A manual or other
					 set of guidelines that includes the objectives, procedures, and requirements of
					 the monitoring process;
(2)
					 Procedures for documentation of reporting problems or recommendations between
					 the provider and the purchasing agency; and
(3) A clear procedure for follow-up on
					 recommendations, problems, and items requiring corrective action including
					 deadlines for both reporting and responding to such items.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Procurement of Health and Human Services › Chapter 149 - CONTRACTING › Subchapter 5 - EVALUATION OF CONTRACTS › Section 3-149-501 - Contract evaluation

Current through June, 2024
(a) Each purchasing
					 agency shall establish contract evaluation criteria and procedures. The
					 administrator may coordinate with purchasing agencies to develop uniform
					 criteria and procedures.
(b)
					 Minimum requirements for evaluation process. Each contract awarded under the
					 competitive or restrictive purchase of service method shall be evaluated. A
					 final written evaluation shall be completed within 120 days after the
					 expiration or termination of the contract and shall include an analysis of the
					 extent to which defined performance outcomes were met. As applicable, a
					 discussion of any problems with or adjustments to, the performance outcomes
					 shall also be addressed.
(c)
					 Provider response to report. The provider shall be given an opportunity to
					 respond in writing to all evaluation reports. The evaluation report and
					 provider response shall be included in the contract file.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 4-1-1 - Purpose; construction

Current through June, 2024
This chapter governs practice and procedure before the
					 state board of agriculture and shall be construed to secure the just and
					 efficient determination of every proceeding.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 4-1-2 - Definitions

Current through June, 2024
As used in this chapter unless the context otherwise
					 requires:
"Board" means the state board of agriculture.
"Chairperson" means the chairperson of the state board of
					 agriculture.
"Complainant" means a person, an agency, or an officer upon
					 whose complaint a proceeding is instituted.
"Department" means the state department of
					 agriculture.
"Deputy" means the deputy to the chairperson of the state
					 board of agriculture.
"Hearing officer" means a person duly appointed by the
					 board to hold a hearing to take evidence or oral argument, and to make a
					 recommended decision in any case or controversy within the jurisdiction of the
					 board.
"Party" means the department, if named, permitted or
					 entitled as of right to participate in a proceeding, each person named in a
					 proceeding, or any interested or aggrieved person permitted or entitled as of
					 right to participate in a proceeding before the board in the capacity of a
					 petitioner, respondent, intervenor, or in a capacity other than that of a
					 witness.
"Person" means individuals, partnerships, corporations,
					 associations, or public or private organizations of any character other than
					 the board or department.
"Petitioner" means a person on whose behalf petitions are
					 made in proceedings involving declaratory rulings or the adopting, repealing,
					 or amending of any rule of the board.
"Proceeding" means the board's consideration of the
					 relevant facts and applicable law and action thereupon, with respect to a
					 particular subject within the board's jurisdiction, initiated by a filing, a
					 submittal, a request, or the board's notice or order. It shall include, but not
					 be limited to, the following:
(1) Contested cases involving the denial, suspension, or
					 revocation of, or refusal to renew, any license, permit, or certificate issued
					 by the board;
(2) Proceedings involving petitions for declaratory
					 rulings;
(3) An investigation or review instituted or requested to
					 be instituted by the board; and
(4) Proceedings involving the adoption, amendment, or
					 repeal of any rule of the board, whether initiated by board order or by
					 petition of a person with a legal interest.
"Respondent" means a party in a contested case against whom
					 an order to show cause has been issued by the board on its own initiative or a
					 notice of hearing has been issued on the basis of a complaint filed with the
					 board.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 4-1-3 - Grammatical usage; meaning of terms

Current through June, 2024
(a) Unless
				  otherwise required by the context, the singular includes the plural and
				  vice-versa.
(b) Unless specifically
				  stated, the terms used in rules adopted by the board pursuant to powers granted
				  by statute shall have the meaning defined by that statute.
(c) A rule which defines a term without
				  express reference to the statute or to this chapter, or to a portion thereof,
				  defines the term for all purposes as used both in the statute and in this
				  chapter, unless otherwise specifically required by the context.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 4-1-4 - Office

Current through June, 2024
(a) The principal office of the board is
				  located at 1428 South King Street, Honolulu, Hawaii.
(b) All communications to the board shall be
				  addressed to the state board of agriculture, P. O. Box 22159, Honolulu, Hawaii
				  96823.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 4-1-5 - Hours

Current through June, 2024
The offices of the board shall be open from 7:45 a.m. to
					 4:30 p.m., Monday through Friday, unless otherwise provided by statute or
					 executive order.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 4-1-6 - Meetings; conduct of meetings

Current through June, 2024
(a) The board may
				  meet and exercise its powers in any part of the State.
(b) Board meetings shall be held in
				  accordance with sections
				  92-3,
				  92-4,
				  92-5,
				  92-7,
				  92-8,
				  and
				  92-9,
				  HRS, as applicable.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 4-1-7 - Quorum; votes necessary for a decision

Current through June, 2024
The constitution of a quorum and the number of votes
					 necessary to validate any act of the board shall be in accordance with section
					 92-15,
					 HRS.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 4-1-8 - Records; annual report

Current through June, 2024
(a) The chairperson
				  shall have charge of the board's official records and shall be responsible for
				  the maintenance and custody of the files and records of the board, including:
(1) The transcripts of testimony and
				  exhibits;
(2) All papers and
				  requests filed in proceedings;
(3)
				  The minutes of all board meetings and hearings; and
(4) All findings, determinations, reports,
				  opinions, orders, rules, and approved forms.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 4-1-9 - Authentication of board actions

Current through June, 2024
All orders and other actions of the board shall be signed
					 by the chairperson or, in his absence, by another member of the board
					 designated by the chairperson.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 4-1-10 - Public records; requests for public records; fees

Current through June, 2024
(a) All
				  public records of the board shall be available for inspection by any person
				  during office hours except as otherwise provided by section 92-51,
				  HRS.
(b) All requests for
				  inspection or copies of public records shall be submitted to the board in
				  writing. The request shall:
(1) State the
				  name, address, and phone number of the requestor;
(2) Give the reason for the
				  request;
(3) Properly designate
				  documents requested; and
(4) Give
				  the date of the request.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 4-1-11 - General rule

Current through June, 2024
All persons and parties shall comply with these rules of
					 practice and procedure when appearing before the board. Procedures to be
					 followed, unless specifically prescribed in this chapter or in chapter
					 91, HRS, shall be those which best
					 serve the purposes of the proceeding. For good cause shown, the provisions of
					 these rules may be modified or waived.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 4-1-12 - Appearances before the board

Current through June, 2024
(a) A person may be
				  represented by or with counsel in any proceedings under this chapter.
(b) When a person acting in a representative
				  capacity appears in person or signs any document or paper submitted to the
				  board, the personal appearance or signature of that individual shall constitute
				  a representation to the board that the individual is authorized and qualified
				  to represent that person. The individual, at any time, may be required to
				  furnish proof of authority and qualification to act.
(c) No person who has been associated with
				  the board as a member, officer, employee, or counsel shall be permitted to
				  appear before the board in behalf of, or to represent in any manner, any person
				  in connection with any proceeding or matter which was pending before, or passed
				  by, the board during the time of the person's association unless the person
				  shall first have obtained the written consent of the board upon a verified
				  showing that the person did not give personal consideration to the matter or
				  proceeding as to which consent is sought or gain particular knowledge of the
				  facts thereof during the person's association with the board.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 4-1-13 - Filing of papers

Current through June, 2024
(a) All papers or
				  documents required to be filed with the board shall be filed with the
				  chairperson.
(b) Such papers may be
				  mailed or hand-carried to any office of the department in the State within the
				  time limit, if any, for filing.
(c)
				  The date on which the papers or documents are actually received by any office
				  of the department shall be deemed to be the date of filing.
(d) All papers or documents shall be written
				  legibly or typed and signed in black ink by the party or the party's duly
				  authorized agent or attorney. The signer's name shall be printed legibly below
				  the signature.
(e) The signature on
				  any paper or document constitutes a certification that the person has read the
				  document, that to the best of that person's knowledge, information, and belief,
				  every statement in the paper or document is true, not misleading, and not
				  interposed for delay.
(f) The
				  initial document filed by any person in any proceeding shall include on the
				  first page the name and address of the person who may be served with any
				  documents filed in the proceeding.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 4-1-14 - Retention of papers

Current through June, 2024
All papers filed with the board shall be retained by the
					 board in its files. However, the chairperson may permit the withdrawal of the
					 original documents upon submission of properly authenticated copies to replace
					 the original papers.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 4-1-15 - Computation of time

Current through June, 2024
Computation of time shall be as provided under section
					 1-29,
					 HRS.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 4-1-16 - Continuances or extensions of time

Current through June, 2024
Whenever a person or agency has a right or is required to
					 take action within the period prescribed or allowed by this chapter, by notice
					 given under this chapter, or by an order, the board may:
(1) With or without notice, extend the period
				  before expiration of the prescribed period; or
(2) Upon motion, permit the act to be done
				  after the expiration of the specified period where the failure to act is
				  clearly shown to be the result of excusable neglect.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 4-1-17 - Striking or amendment of papers

Current through June, 2024
If any paper filed with the board is not in substantial
					 conformity with the applicable rules, the board, on its own motion or the
					 motion of any party, may strike the document or require that it be amended. If
					 amended, the document shall be effective as of the date of the original
					 filing.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 4-1-18 - Board decision

Current through June, 2024
(a) Certified
				  copies of all final orders, opinions, or rulings entered by the board in any
				  proceeding shall be served upon the parties or persons participating in the
				  proceedings by first class mail or personal delivery by the board.
(b) All final orders, opinions, or rulings
				  may be released for general publication.
(c) Copies of materials released for general
				  publication shall be available for public inspection in the office of the board
				  or may be obtained upon request and upon payment of a reasonable charge in
				  accordance with section
				  92-21,
				  HRS.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 4-1-19 - Counsel for the board

Current through June, 2024
The attorney general, as counsel for the board, shall be a
					 participant in all proceedings governed by this chapter. The attorney general
					 or a representative of the attorney general shall be designated as "counsel for
					 the board", and shall be served with copies of all papers, pleadings, maps, and
					 documents as are all other parties to the same proceeding.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 4-1-20 - Substitution of parties

Current through June, 2024
Upon motion and for good cause shown, the board may order
					 substitution of parties, except that in case of death of a party, substitution
					 may be ordered without the filing of a motion.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 4-1-21 - Consolidation

Current through June, 2024
The board may consolidate for hearing or other purposes or
					 contemporaneously consider two or more proceedings which involve substantially
					 the same parties or issues which are the same or closely related, if it finds
					 that such consolidation or contemporaneous hearing will be conducive to the
					 proper dispatch of its business and to the ends of justice and will not unduly
					 delay the proceedings.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 4-1-22 - Default

Current through June, 2024
When a party, against whom an order to show cause has been
					 issued, fails to plead or defend that action and this fact is made to appear by
					 affidavit or otherwise, the board may enter the party's default. No order for
					 default shall be entered against an infant or an incompetent person unless
					 represented in a hearing by a guardian or other representative. For good cause
					 shown, the board may set aside a default order.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING PROCEEDINGS › Section 4-1-23 - Initiation of rulemaking

Current through June, 2024
(a) The adoption,
				  amendment, or repeal of any rule of the board may be made by the board on its
				  own motion, or by petition of any interested person or agency. Petitions for
				  rulemaking filed with the board shall be matters of public record.
(b) Petitions shall conform to and be filed
				  in accordance with section
				  4-1-12 and
				  shall contain:
(1) The name, address, and
				  telephone number of each petitioner;
(2) The signature of each
				  petitioner;
(3) A draft or the
				  substance of the proposed rule or amendment or a designation of the provisions
				  of the rule to be repealed;
(4) A
				  statement of the petitioner's interest in the subject matter; and
(5) A statement of the reasons in support of
				  the proposed rule, amendment, or repeal.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 1 - ADMINISTRATION › Chapter 1 - BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - RULEMAKING PROCEEDINGS › Section 4-1-24 - Denial of petition

Current through June, 2024
Any petition that fails to comply in any material respect
					 with the requirements of this chapter or fails to disclose sufficient reason to
					 justify conducting rulemaking proceedings shall not be considered by the board.
					 The board shall promptly notify the petitioner in writing of such denial,
					 stating the reasons therefor. Denial of a petition shall not prevent the board
					 from acting, on its own motion, upon any matter disclosed in the petition. The
					 petitioner may seek judicial review of denial.