reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 3 - PROVISIONS FOR DECLARATORY RELIEF › Section 23-3-1 - Definitions

Current through June, 2024
As used in this chapter:
"Party" means the department and petitioner.
"Person" means individuals, partnerships, corporations,
				  associations, or organizations of any character, except the department.
"Petition" means a properly documented submission of
				  information by a person seeking relief.
"Relief" means the department's declaration as to whether a
				  rule or order of the department, or a statute which the department is required
				  to administer or enforce, applies to a factual situation.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 3 - PROVISIONS FOR DECLARATORY RELIEF › Section 23-3-2 - Purpose

Current through June, 2024
This chapter shall govern all proceedings brought before the
				  department which are intended to obtain a declaratory relief of the
				  applicability of any rule, or order of the department, or any statute the
				  department is mandated to administer or enforce with respect to a factual
				  situation; provided that order as used herein does not include sanctions
				  imposed on inmates pursuant to departmental regulations.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 3 - PROVISIONS FOR DECLARATORY RELIEF › Section 23-3-3 - Format and certification of petition

Current through June, 2024
(a) Any interested
				person may submit a signed petition either in person or by mail to the
				department for a declaratory order as to the applicability of any statutory
				provision or of any rule or order of the department. The petition shall be
				legibly written or typed, identifiable by name, address, and zip
				code.
(b) The petition shall set
				forth the text of the:
(1) Nature of the
				petitioner's interest and reason for submittal;
(2) Identification of the specific statutory
				provision, order, rule in question; and
(3) Statement of the position or contention
				of the petitioner, or a memorandum of authorities, including legal authorities,
				in support of such position or contention.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 3 - PROVISIONS FOR DECLARATORY RELIEF › Section 23-3-4 - Declaratory relief

Current through June, 2024
(a) Upon receipt of
				a petition for declaratory relief, the department within thirty days shall
				notify the petitioner in writing whether or not to proceed with the
				relief.
(b) If it is determined by
				the department that a genuine controversy of material fact exists within the
				petition, the department shall:
(1) Issue a
				declaratory order within sixty days from the date of receipt of the
				petition;
(2) Dismiss the petition
				for declaratory relief; or
(3)
				Allow its conversion to a petition for rule relief proceedings pursuant to
				section
				91-6,
				Hawaii Revised Statutes, or contested case proceedings, pursuant to section
				91-9,
				Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 4 - PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 23-4-1 - Definitions

Current through June, 2024
As used in this chapter:
"Hearing officer" means a person, not interested in the
				  outcome of the matter, who is authorized by the director to conduct hearings or
				  render decisions, or both, on any contested case or controversy within the
				  department's jurisdiction.
"Party" means:
(1) The department, if it participates in a
				  proceeding;
(2) Each person named in the proceeding; and
(3) Any interested or aggrieved person permitted or entitled
				  to participate in a proceeding before the department in a capacity other than a
				  witness.
"Person" includes individuals, partnerships, corporations,
				  associations, or organizations of any character, except for the
				  department.
"Petition" means a properly documented submission of
				  information by a person seeking relief.
"Relief" means the resolution of any contested matter within
				  the department's jurisdiction in favor of the petitioning
				  party.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 4 - PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 23-4-2 - Purpose

Current through June, 2024
This chapter shall govern all administrative hearing
				  proceedings before the department which are intended to obtain relief in a
				  contested case, provided that a contested case does not include any adjustment,
				  disciplinary, grievance, classification, or any other hearing
				  decision.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 4 - PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 23-4-3 - Format and certification of petition

Current through June, 2024
(a) Any interested
				person may petition for an administrative relief hearing with the department
				either in person or by mail. The petition shall be legibly written or typed to
				include the following:
(1) The first page of
				every petition shall set forth the name, full address, and phone number of the
				petitioner;
(2) The petition shall
				set forth the text of the:
(A) Statement of
				relief requested and the reasons therefore; and
(B) Identification of the specific statutory
				provisions, department order, or rule in question; and
(3) The last page of every petition shall be
				signed in ink by the petitioner or the petitioner's authorized representative.
				This signature shall constitute certification that the person signing the
				petition has read the petition and that to the best of the person's knowledge,
				the petition is true or has good grounds to support it.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 4 - PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 23-4-4 - Individual representing party permitted

Current through June, 2024
When a party's authorized representative appears in a hearing
				  proceeding or signs a petition submitted to the department or a hearing
				  officer, that shall signify that the representative is authorized to so act.
				  The representative, however, may be required by the department or hearing
				  officer to furnish proof of authority to act on a party's
				  behalf.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 4 - PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 23-4-5 - Notice of hearing

Current through June, 2024
(a) Upon
				determination by the department to proceed with a hearing, the department shall
				give written notice to all parties of the hearing by registered or certified
				mail with return receipt at least fifteen days prior to the hearing date to
				include:
(1) The date, time, and place of the
				hearing;
(2) The legal authority
				under which the hearing is held;
(3) The statutory provisions, rules, or order
				in question;
(4) The issues
				involved and the facts alleged by the department in support of the allegations;
				and
(5) Notification to all parties
				of their rights to retain counsel or substitutes pursuant to section
				91-9,
				Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 4 - PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 23-4-6 - Extensions of time

Current through June, 2024
(a) The hearing officer may:
(1) Approve a stipulation between parties
				continuing the hearing; and
(2)
				Upon motion by a party, for good cause shown as provided in section
				23-4-7, continue the
				hearing.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 4 - PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 23-4-7 - Motions

Current through June, 2024
(a) An application for an order shall be made
				by motion, which, except during a hearing, shall be in writing and state the
				grounds for the application and the order sought.
(b) Motions referring to facts not of record
				shall be supported by affidavits, and if involving a question of law, by
				memorandum in support.
(c) Except
				for a motion entitled to be heard ex parte, all motions shall be accompanied by
				a notice of hearing. Unless otherwise directed by the hearing, officer, the
				motion and notice shall be served upon all parties not less than seventy-two
				hours before the hearing, and the opposing parties shall serve any counter
				affidavits and memorandum in opposition not less than twenty-four hours before
				the hearing.
(d) Motions shall be
				filed with the department except that after a petition has been transferred to
				the hearing officer, all motions shall be filed with, and decided by the
				hearing officer.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 4 - PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 23-4-8 - Powers of hearing officer in conducting hearings

Current through June, 2024
(a) The
				hearing officer, in conducting a hearing, may:
(1) Issue notices of hearings and appearance
				of parties;
(2) Examine
				witnesses;
(3) Rule upon offers of
				proof, receive relevant evidence, and exclude irrelevant evidence or restrict
				questioning or testimony;
(4)
				Regulate the manner of any examination to prevent unnecessary harassment,
				intimidation, or embarrassment of any witness or party;
(5) Remove disruptive individuals;
(6) Hold conferences;
(7) Rule on motions and dispose of procedural
				requests;
(8) Certify a question to
				the agency for the agency's consideration;
(9) Submit in writing a report or recommended
				decision together with the findings of facts and conclusions of law and a
				recommended order to the agency for consideration;
(10) Render a final decision when authorized
				by the director or by rule; and
(11) Dispose of any matter that normally
				arises in the course of the proceedings and take action authorized by chapter
				91, Hawaii Revised Statutes, or any other related laws administered by the
				department.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 4 - PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 23-4-9 - Disqualification of hearing officer

Current through June, 2024
(a) No matter shall
				be heard by the hearing officer who:
(1) Has
				any pecuniary interest in the matter;
(2) Is related within the third degree by
				blood or marriage to any party in the proceeding; or
(3) Has participated in any pre-proceeding
				investigation of the matter, or in developing evidence to be introduced at the
				proceeding, or in making the decision, or taking the action challenged in the
				proceeding.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 4 - PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 23-4-10 - Ex parte communications

Current through June, 2024
(a) In any
				proceedings before the department no party or representative of a party shall
				communicate with the hearing officer concerning the merits of the
				case.
(b) It shall be improper for
				any person interested in a proceeding to seek to influence the judgment of any
				member of the department or hearing officer designated.
(c) It shall be improper for a member of the
				department to:
(1) Disclose or reveal to any
				other member of the department or hearing officer designated, the contents of
				any investigatory, department prepared report concerning the matter the
				department member or hearing officer is designated to hear and decide;
				or
(2) Furnish the report or copy
				thereof to any department member or hearing officer designated, except where
				authorized by law.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 4 - PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 23-4-11 - Rights of parties

Current through June, 2024
(a) The parties
				shall have an opportunity to:
(1) Present oral
				or documentary evidence;
(2)
				Examine the case record as well as all documents and records to be used at the
				hearing at a reasonable time before the date of the hearing as well as during
				the hearing;
(3) Present the case
				independently or with the aid of others including legal counsel;
(4) Bring witnesses, including language
				interpreters;
(5) Establish all
				pertinent facts and circumstances;
(6) Advance any arguments appropriate to the
				issue being heard without undue interference; and
(7) Question or refuse any testimony or
				evidence, and to confront and cross examine witnesses.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 4 - PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 23-4-12 - Recording of proceedings

Current through June, 2024
(a) The official
				records of proceedings shall include materials prescribed in section
				91-9(e),
				Hawaii Revised Statutes.
(b)
				Records of proceedings requested for the purposes of rehearing or court review,
				may be transcribed.
(c) The records
				transcribed shall not include matters outside the record of
				proceedings.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 4 - PROVISIONS FOR ADMINISTRATIVE RELIEF › Section 23-4-13 - Decision

Current through June, 2024
(a) A final decision shall not be rendered by
				the department prior to the hearing and examination of all evidence unless the
				decision is made in the form of a proposal which is subject to the following
				conditions:
(1) That the proposed decision
				contains a statement of reasons for the decision, including the determination
				of issues of fact or law necessary;
(2) That the proposal is served to the party
				seeking relief; and
(3) That an
				opportunity is afforded to the party to file oral or written exceptions and to
				controvert the proposal.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 10 - SUITABILITY DETERMINATIONS FOR STAFF MEMBERS AND PROSPECTIVE STAFF MEMBERS › Section 23-10-2 - General rule

Current through June, 2024
(a) All rules and regulations of the
				department of human resources development shall apply to the recruitment,
				appointment, and employment of staff members and prospective staff members
				except as may be modified herein.
(b) Staff members and prospective staff
				members shall be of reputable and responsible character. In order 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 assessments shall be ongoing and shall include periodic criminal
				history checks and such other investigation as the department deems
				necessary.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 10 - SUITABILITY DETERMINATIONS FOR STAFF MEMBERS AND PROSPECTIVE STAFF MEMBERS › Section 23-10-3 - Staff member or prospective staff member to provide information

Current through June, 2024
(a) Every prospective staff member is
				required to provide to the department, and the department of human resources
				development, as appropriate:
(1) An accurately
				and fully completed employment application with all requested information and
				documents including employment references;
(2) A sworn statement signed under penalty of
				unshorn falsification to authorities, indicating:
(A) Any conviction for a crime other than a
				minor traffic violation involving fines of fifty dollars or less;
(B) Any and all dismissals, discharges or
				terminations from employment, or resignations while under investigation or
				while charges were pending for the past ten years;
(C) Any and all instances in which the
				applicant was an unsuccessful candidate for a staff position with the
				department within the past ten years;
(D) Whether the prospective staff member was
				ever discharged from the Armed Forces under other than honorable
				conditions;
(E) Whether the
				prospective staff member is under indictment for any alleged criminal act other
				than a minor traffic violation involving a fine of fifty dollars or less;
				and
(F) For positions requiring the
				use of a firearm, whether the prospective staff member is prohibited by law
				from possessing a firearm or ammunition;
(3) A written consent for the department or
				an agency designated by the director to conduct a suitability determination
				authorizing access, including, criminal history records, employment records,
				and other sources of information as deemed necessary to verify facts and
				statements provided in the application process and to obtain a complete
				evaluation of the applicant's suitability; and
(4) Written permission to be
				fingerprinted.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 10 - SUITABILITY DETERMINATIONS FOR STAFF MEMBERS AND PROSPECTIVE STAFF MEMBERS › Section 23-10-4 - Fingerprint requirement

Current through June, 2024
Staff members and prospective staff members shall be
				  fingerprinted for the purpose of complying with the criminal history record
				  check. The department may refuse to hire or may terminate any person who fails
				  to comply or cooperate with fingerprinting requirements. A file which
				  identifies the individual conclusively shall be maintained by the department.
				  This file shall be maintained separate from an individual's personnel file and
				  shall be confidential.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 10 - SUITABILITY DETERMINATIONS FOR STAFF MEMBERS AND PROSPECTIVE STAFF MEMBERS › Section 23-10-5 - Use of criminal history records results

Current through June, 2024
(a)
				Information obtained from criminal history record checks shall be used'
				exclusively by the department or the department of human resources development
				for the purpose of determining whether or not a person is suited for work as a
				staff member. Use and release of information obtained from the FBI shall be
				subject to federal laws and regulations. Use and release of information
				obtained through the Hawaii criminal justice data center shall be subject to
				such federal and state laws and regulations as may be now or hereafter
				adopted.
(b) The department may
				disclose information that an affected individual's criminal history record
				check shows a "clean criminal history record." Federal law ( 28 U.S.C. 5534 )
				otherwise prohibits the disclosure of criminal history information obtained
				from the FBI. An FBI identification record and information contained therein,
				however, may be disclosed to the affected individual when explaining decisions
				or contemplated decisions resulting in refusal to hire or termination of
				employment. Information from an FBI identification record may also be disclosed
				to a union representative or designated representative (i.e., attorney,
				excluded employee representative, etc.) with the consent of the affected
				individual. The affected individual shall be informed of his or her right to
				challenge the accuracy of the information contained in the FBI identification
				record. The Department shall not terminate a staff member or reject a
				prospective staff member until the individual has been afforded a reasonable
				time to correct or complete the FBI identification record, or has declined to
				do so.
(c) Criminal history
				information obtained from sources other than the FBI may be categorized into
				criminal convictions and arrest records. Criminal convictions are considered
				public records. Arrest records are private and shall not be released by the
				department except in the process of verifying the disposition of arrests, or as
				otherwise required by law. Information regarding a person's arrest record for
				offenses that may pose a risk to the health, safety, security, or well-being of
				inmates under supervision and confinement, other staff, or the public at large
				may be used as a basis to delay hiring decisions or for the suspension of
				employment pending further inquiry and investigation. Arrest records shall not
				be used as a basis to refuse to employ a prospective staff member or to
				terminate a staff member.
(d) Any
				disclosure of information pertaining to staff members or prospective staff
				members shall be subject to applicable state and federal laws, rules and
				regulations.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 10 - SUITABILITY DETERMINATIONS FOR STAFF MEMBERS AND PROSPECTIVE STAFF MEMBERS › Section 23-10-6 - Suitability determination

Current through June, 2024
A suitability determination may be made on staff member's or
				  prospective staff member's fitness for employment based on criminal history
				  records, employment records, 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.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 10 - SUITABILITY DETERMINATIONS FOR STAFF MEMBERS AND PROSPECTIVE STAFF MEMBERS › Section 23-10-7 - Denial or termination of employment

Current through June, 2024
In addition to any existing rules and regulations, the
				  department may deny or terminate employment:
(1) If the department determines after
				investigation that the prospective staff member is not suitable for employment,
				or the staff member is not suitable for continued employment;
(2) If the prospective staff member was
				convicted of a crime other than a minor traffic violation involving a fine of
				fifty dollars or less and the department finds from the prospective staff
				member's criminal history record that the prospective staff member poses a risk
				to the health, safety, security or well being of inmates under supervision and
				confinement, other staff, or the public at large.
(3) If the staff member was convicted of a
				crime other than. a minor traffic violation involving a fine of fifty dollars
				or less, and the department determines that the staff member poses a risk to
				the health, safety, security or well-being of inmates under supervision and
				confinement, other staff, or the public at large. staff members shall not be
				subject to termination based on findings in their criminal records except for
				conviction of a crime which occurred after May 8, 1989;
(4) If the prospective staff member or staff
				member is a fugitive from justice; or
(5) Other good cause as determined by the
				department or director.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 10 - SUITABILITY DETERMINATIONS FOR STAFF MEMBERS AND PROSPECTIVE STAFF MEMBERS › Section 23-10-8 - Administrative review

Current through June, 2024
A staff member or prospective staff member may request an
				  administrative review of a suitability determination by submitting to the
				  department, in writing, information to substantiate the request within ten
				  calendar days following the date of notification.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 10 - SUITABILITY DETERMINATIONS FOR STAFF MEMBERS AND PROSPECTIVE STAFF MEMBERS › Section 23-10-9 - Appeal to the state civil service commission

Current through June, 2024
A staff member or prospective staff member may file an appeal
				  with the state civil service commission in writing within twenty calendar days
				  from the date of notification of the results of the administrative
				  review.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 10 - SUITABILITY DETERMINATIONS FOR STAFF MEMBERS AND PROSPECTIVE STAFF MEMBERS › Section 23-10-10 - Implementation procedures and instructions

Current through June, 2024
(a) The department
				shall develop policies and procedures to implement the provisions of this
				chapter.
(b) The department may
				implement the provisions of this chapter incrementally subject to the
				availability of funds and resources.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 2 - CORRECTIONS › Chapter 100 - VISITS › Section 23-100-1 - General provisions

Current through June, 2024
(a) Persons may be
				allowed to visit inmates subject to the following limitations:
(1) The availability of visiting space and
				the location of the facility;
(2)
				The availability of facility resources incident to arranging and supervising
				visits;
(3) The rescheduling of
				visits which shall not interfere with other scheduled institutional
				activities;
(4) Personal visitation
				restraints placed on an inmate for disciplinary actions; and
(5) Any other good cause which the facility
				decides that visitation may jeopardize the good government, safety, and the
				security of the facility, inmate, or visitors.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 2 - CORRECTIONS › Chapter 100 - VISITS › Section 23-100-2 - Visitation parameters

Current through June, 2024
Visitation hours shall be set for each facility by the
				  department. Exceptions to established hours are permitted to one or more of the
				  following:
(1) Restricting visitation
				on these days or hours may be a physical hardship upon individuals whereon
				suitable hours may be made if reasonably possible;
(2) Emergency conditions exist which required
				a facility to alter the schedule;
(3) Attorneys can visit their clients during
				the normal working day including weekends and holidays as long as the safety,
				security, and good government of the facility are not jeopardized. Special
				visits between an attorney and the client during other hours may be allowed
				with the approval of the facility administrator; provided that the burden is on
				the attorney and the inmate to. provide sufficient information to corroborate
				the allegation that the attorney actually represents the inmate; and
(4) Any other exceptions the facility finds
				feasible in accordance to its schedules and resources available.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 2 - CORRECTIONS › Chapter 100 - VISITS › Section 23-100-3 - Visitation requirements

Current through June, 2024
(a) Every person
				who is eligible to visit with inmates shall complete and submit an official
				application as well as an official notice and authorization of personal search
				form.
(b) While the existence of
				prior criminal convictions(s) of a visitor may not preclude visits, they are a
				factor to be considered in granting or denying visitations.
(c) Only those eligible persons who have made
				a formal application which has been approved by the facility administrator or
				designated representative shall have their names placed on the inmate's
				visiting cards.
(d) All eligible
				visitors shall give prior notice of their intent to visit as to time, date, and
				whom to visit so as to give the facility and the inmate an opportunity to
				prepare for such. Failure to provide prior notice may justify exclusion of the
				visits from the facility for the specific visitation day.
(e) Emergency exceptions to visit may be
				given to any individual not on the visitor's list or who failed to provide
				prior notice of visitation, subject to the discretion of the facility
				administrator or authorized representative.
(f) No entry for visits shall be permitted
				unless the visitor's identity can be determined by personal photograph or
				signature identification cards such as drivers license, social security card,
				membership cards of various kinds bearing a signature of the visitor, other
				personal papers, or any other information made available which may help clear
				up doubtful identification. Inability to establish identity may deny the
				visitor from entry into the facility.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 2 - CORRECTIONS › Chapter 100 - VISITS › Section 23-100-5 - Group visits

Current through June, 2024
(a) The facility
				may permit intereested groups to visit the facility when conditions insure the
				safety of the facility and the visitors and in accordance with the department's
				procedures.
(b) Such groups may be
				served meals, at the official price, provided the serving of meals does not
				interfere with the orderly operation of the facility or place an undue burden
				on the employees.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 2 - CORRECTIONS › Chapter 101 - CONTRABAND › Section 23-101-1 - Contraband

Current through June, 2024
(a) Any item not specifically authorized for
				possession by a person by the facility administrator or guidelines shall be
				contraband and shall be confiscated and subject the person to criminal or
				disciplinary sanctions or both.
(b)
				Intoxicating substances of any kind including but not limited to liquor,
				alcoholic substances or any other substances which are known to produce or are
				capable of producing a state of intoxication, shall not be possessed or brought
				the correctional facility grounds, including the onto parking lots, by anyone.
				Any person, including staff inmates, and visitors, bringing intoxicating
				substances onto correctional facility grounds may be subjected to disciplinary,
				administrative, or criminal sanctions.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 2 - CORRECTIONS › Chapter 191 - CONDITIONAL RELEASE OF PRETRIAL DETAINEES › Subchapter 1 - GENERAL PROVISIONS › Section 23-191-1 - Definitions

Current through June, 2024
As used in this chapter:
"Assessment" means the process used to gather and verify
					 pertinent information, develop impressions and images, and check hypotheses
					 about an offender's behavior in interaction with the community or correctional
					 environment.
"Order" means a legal document filed in court which grants
					 the release of a pretrial detainee, and includes all terms and conditions
					 imposed by the director or agreed to by the pretrial detainee who is being
					 released, or both. to order shall have the effect of or be construed as
					 dismissing, or otherwise terminating the criminal charges pending against the
					 pretrial detainee being released.
"Program" means a combination of departmental resources and
					 activities designed to achieve an objective or objectives.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 2 - CORRECTIONS › Chapter 191 - CONDITIONAL RELEASE OF PRETRIAL DETAINEES › Subchapter 1 - GENERAL PROVISIONS › Section 23-191-2 - Purpose

Current through June, 2024
This chapter is intended to implement SLH 1993, Act 305,
					 concerning the release of pretrial detainees from incarceration on an emergency
					 basis.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 2 - CORRECTIONS › Chapter 191 - CONDITIONAL RELEASE OF PRETRIAL DETAINEES › Subchapter 2 - RELEASE REQUIREMENTS › Section 23-191-3 - Pre-release requirements

Current through June, 2024
(a) No correctional
				  facility shall release a pretrial detainee from incarceration under this
				  chapter unless:
(1) The correctional facility
				  is a designated community correctional center facility.
(2) The director has determined that release
				  is necessary to prevent overcrowding which would jeopardize the orderly and
				  secure management of the facility.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 2 - CORRECTIONS › Chapter 191 - CONDITIONAL RELEASE OF PRETRIAL DETAINEES › Subchapter 2 - RELEASE REQUIREMENTS › Section 23-191-4 - Release criteria; exceptions

Current through June, 2024
(a) Pretrial
				  detainees shall not be considered for release if they:
(1) Have been denied bail;
(2) Have bail of more than $5,000;
(3) Are charged with a serious crime
				  involving violence;
(4) Were
				  convicted of a serious crime involving violence;
(5) Are on probation or parole for a serious
				  crime involving violence;
(6) Are
				  charged with a class C or misdemeanor offense involving violence and offenses
				  that the department considers a risk to public safety; or
(7) Have mental or substance abuse histories
				  that render release inappropriate.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 2 - CORRECTIONS › Chapter 191 - CONDITIONAL RELEASE OF PRETRIAL DETAINEES › Subchapter 3 - ASSESSMENT AND RECOMMENDATION › Section 23-191-10 - Release on recognizance

Current through June, 2024
Any pretrial detainee who is released shall be released on
					 his or her own recognizance, unless the director authorizes release to a third
					 party.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 2 - CORRECTIONS › Chapter 191 - CONDITIONAL RELEASE OF PRETRIAL DETAINEES › Subchapter 3 - ASSESSMENT AND RECOMMENDATION › Section 23-191-11 - Order

Current through June, 2024
(a) Every release of a pretrial detainee
				  shall be in the form of an order to be signed by the director or designated
				  representative and acknowledged by the pretrial detainee as to the terms and
				  conditions for release.
(b) A copy
				  of the order, signed by the director or designated representative, shall be
				  filed with the court having jurisdiction of the pretrial detainee.
(c) Each order shall be maintained as an
				  official document of release and recorded with the department.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 2 - CORRECTIONS › Chapter 191 - CONDITIONAL RELEASE OF PRETRIAL DETAINEES › Subchapter 4 - CONDITIONS FOR RELEASE › Section 23-191-16 - Terms and conditions

Current through June, 2024
Any order of release granted under this chapter shall be
					 subject to the terms and conditions set forth in section
					 804-7.4,
					 HRS, and may further be subject to such terms and conditions as may be imposed
					 at the discretion of the director or the director's designated
					 representative.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 2 - CORRECTIONS › Chapter 191 - CONDITIONAL RELEASE OF PRETRIAL DETAINEES › Subchapter 4 - CONDITIONS FOR RELEASE › Section 23-191-17 - Violations

Current through June, 2024
Violations of any terms or conditions of a release order
					 shall be resolved as provided in sections
					 804-7.2
					 and
					 804-7.3,
					 HRS.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-3 - Registration requirements

Current through June, 2024
Every person who manufactures, distributes, prescribes, or
				  dispenses any controlled substance listed in part II, chapter
				  329, Hawaii Revised Statutes, within
				  this State or who proposes to engage in the manufacture, distribution,
				  prescription, or dispensing of any controlled substance within this State, or
				  who dispenses or proposes to dispense any controlled substance for use in this
				  State by shipping, mailing, or otherwise delivering the controlled substance
				  from a location out of this State, shall obtain annually a certificate of
				  registration issued by the department.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-4 - Fees for registration and re-registration

Current through June, 2024
(a) For each
				registration or re-registration to manufacture controlled substances, the
				registrant shall pay an application fee of $100.00 for an annual
				registration.
(b) For each
				registration or re-registration to distribute controlled substances, the
				registrant shall pay an application fee of $75.00 for an annual
				registration.
(c) For each
				registration or re-registration to administer, prescribe, dispense, or to
				conduct instructional activities with, controlled substances listed in sections
				329-16 through
				329-22, Hawaii Revised
				Statutes (schedules II through V), the registrant shall pay an application fee
				of $60.00 for an annual registration.
(d) For each registration or re-registration
				to conduct research or instructional activities with a controlled substance
				listed in sections
				329-14 through section
				329-22, Hawaii Revised
				Statutes (schedules I through V), the registrant shall submit for approval, a
				research protocol of the activity to be conducted. The research protocol shall
				be in accordance with section 1301.13 and 1301.18, Title 21, Code of Federal
				Regulations. The applicant shall also pay an application fee of $60.00 for an
				annual registration.
(e) For each
				registration or re-registration to conduct chemical analysis with controlled
				substances listed in any schedule, the registrant shall pay an application fee
				of $60.00 for an annual registration.
(f) For each registration or re-registration
				to engage in a narcotics treatment program, including a compounder, the
				registrant shall pay an application fee of $60.00 for an annual
				registration.
(g) For each
				duplicate registration requested, the registrant shall submit a written
				resquest and shall pay a fee of $10.00.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2018-01, February, eff.
				  2/22/2018 is not yet
				  available.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-5 - Persons required to register but exempt from fee

Current through June, 2024
(a)
				The director shall exempt requirement of obtaining a registration fee for
				registration or re-registration:
(1) Any
				hospital or other institution which is operated by an agency of the United
				States (including the U.S. Army, Navy, Marine Corps, Air Force, Coast Guard,
				Veteran's Administration), of any State, or any political subdivision or agency
				thereof; and
(2) Any individual
				practitioners who are required to obtain an individual registration in order to
				carry out their duties as an official of an agency of the United States
				(including the U.S. Army, Navy, Marine Corps, Air Force, Coast Guard, Veteran's
				Administration), of any State, or any political subdivision thereof.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-6 - Persons exempted from registration

Current through June, 2024
(a) Registration is
				not required tor the following persons under these circumstances:
(1) Any officer or employee of the Bureau or
				DEA, any officer of the U.S. Bureau of customs, any officer or employee of the
				United States Food and Drug Administration, and any other federal officer who
				is lawfully engaged in the enforcement of any federal law relating to
				controlled substances, drugs or customs, and is duly authorized to possess
				controlled substances in the course of their official duties;
(2) Any officer or employee of this State, or
				political subdivision or agency thereof, who is engaged in the enforcement of
				any state or local law relating to controlled substances and is duly authorized
				to possess controlled substances in the course of their official duties;
				and
(3) Law enforcement laboratory
				personnel when acting in the scope of their official duties.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-7 - Time and method of registration

Current through June, 2024
(a) Registration
				and re-registration fees shall be paid at the time when the application for
				registration or re-registration is submitted for filing. Payment shall be made
				in the form of a personal, certified, cashier's check or money order made
				payable to the narcotics enforcement division, department of public safety.
				Payment made in the form of stamps, foreign currency, or third party endorsed
				checks will not be accepted. No prorated or full refund will be issued once the
				certificate is processed. In the event that the application is not accepted for
				filing or is denied, the payment shall be refunded to the applicant.
(b) Any person who is required to be
				registered and who is not so registered may apply for registration at any time.
				No person required to be registered shall engage in any activity for which
				registration is required, until the application for registration is granted and
				a certificate of registration is issued by the administrator to such
				person.
(c) All controlled
				substance applications shall be processed by the department within 60 days
				after receipt of the completed application, to include all requested
				documentation. In the absence of a national disaster, state emergency, or union
				strike which would prevent the department from reviewing the application, any
				application pending more than 60 days after receipt of the completed
				application shall be deemed granted.
(d) State registration shall expire as noted
				on the certificate of registration, any person who is registered may apply to
				be re-registered not earlier than sixty days prior to the expiration date on
				the certificate of registration. An additional fee of $25.00 shall be paid for
				re-registration after the expiration date on the certificate of
				registration.
(e) Failure to
				register with the department will prohibit the registrant from engaging in any
				activity utilizing controlled substances.
(f) The administrator may require an
				applicant to submit such documents or written statements of fact relevant to
				the application as he deems necessary to determine whether the application
				should be granted. The failure of the applicant to provide such documents or
				statements within thirty days after being requested to do so shall be deemed to
				be a waiver by the applicant of an opportunity to present such documents or
				facts for consideration by the administrator in granting or, denying the
				application.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2018-01, February, eff.
				  2/22/2018 is not yet
				  available.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-8 - Modification, transfer and termination of certificate of registration

Current through June, 2024
(a) Registrants may apply to modify their
				registration to handle additional controlled substances by filing an
				application in the same manner as an application for new registration. In the
				event of a change of a name or address, the registrant shall submit a letter to
				the department of public safety, narcotics enforcement division. The letter
				shall contain the new name or address and the effective date. Such notification
				shall be within thirty days of such fact. No fee shall be required to be paid
				for the modification.
(b) Failure
				to report a change of address within thirty days will invalidate the
				registration and require re-registration and the imposition of the $25 late
				fee.
(c) No registration or any
				authority conferred thereby shall be assigned or otherwise
				transferred.
(d) A certificate of
				registration issued to any persons shall terminate if and when such person
				dies, ceases legal existence, discontinues business or professional practices.
				Such person or the person's representative shall notify the administrator in
				writing within thirty days of such fact.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2018-01, February, eff.
				  2/22/2018 is not yet
				  available.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-9 - Revocation and suspension of certificate of registration

Current through June, 2024
(a)
				A certificate of registration issued under section
				329-33, Hawaii
				Revised Statutes, may be denied, suspended, or revoked by the department for
				any of the reasons cited in section
				329-34,
				Hawaii Revised Statutes.
(b) The
				department may suspend or deny any registration simultaneously with the
				institution of proceedings under section
				329-34,
				Hawaii Revised Statutes, or where it finds there is danger to the public health
				and safety which warrants this action.
(c) An order to show cause served upon the
				applicant or registrant shall contain a statement of the basis for the action
				and shall call upon the the applicant or registrant to appear before the
				department at a time and place not less than thirty days after the service of
				the order.
(d) Failure of a
				registrant to respond to the order to show cause shall result in an automatic
				revocation, suspension or denial of the certificate of registration.
(e) The proceedings will be conducted in
				accordance with section
				329-35,
				Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-10 - Separate registration for separate locations

Current through June, 2024
A separate registration is required for each principal place
				  of business or professional practice where the applicant manufactures,
				  distributes, administers, dispenses, or stores controlled substances.
				  Registrants are required to notify the narcotics enforcement division in
				  writing of all non-registered office locations where the registrant only
				  prescribes controlled substances but does not administer or dispense. Failure
				  of a registrant to notify the department shall result in the automatic
				  revocation of the registrant's controlled substance registration.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 200 - REGULATION OF CONTROLLED SUBSTANCES › Section 23-200-11 - Inspections of establishments of registrants

Current through June, 2024
(a) The
				department or its agents may inspect the establishment of a registrant or
				applicant at reasonable times to ensure proper registration and to ensure
				compliance with all applicable State and Federal laws. in order to safeguard
				against diversion of controlled substances, the department may require the
				registrant of the place where controlled substances are kept to:
(1) Install a device which will give warning
				upon breaking into or entering such place, if such place has had repeated
				thefts of controlled substances or if large amounts are stored on the premises;
				and
(2) Install enclosures around
				the area where controlled substances are kept to prevent any unauthorized
				person from entering such area.