reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Stadium Authority › Chapter 70 - RULES OF THE STADIUM AUTHORITY › Subchapter 3 - RULES OF PRACTICE AND PROCEDURE › Section 3-70-27 - Adoption, amendment, or repeal of rules

Current through June, 2024
When, pursuant to a petition therefor, or upon its own
					 motion, the authority proposes to adopt, amend, or repeal a rule, the rule
					 shall be adopted, amended, or repealed in accordance with the procedures set
					 forth in chapter
					 91 and section
					 92-41,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Stadium Authority › Chapter 70 - RULES OF THE STADIUM AUTHORITY › Subchapter 3 - RULES OF PRACTICE AND PROCEDURE › Section 3-70-28 - Hearing procedures

Current through June, 2024
(a) Each public
				  hearing on the proposed adoption, amendment, or repeal of any rule shall be
				  conducted by the chairperson or an authorized representative who shall be
				  designated as the presiding officer
(b) Each such hearing shall be held at the
				  time and place set in the notice of hearing, but may at such time and place be
				  continued from day to day or adjourned to a later date or to a different place
				  without notice other than the announcement thereof at the hearing.
(c) At the commencement of the hearing, the
				  presiding officer shall read the notice of hearing and shall then outline
				  briefly the procedure to be followed. Testimony shall then be received with
				  respect to the matters specified in the notice of hearing in such order as the
				  presiding officer shall prescribe.
(d) All interested persons shall be given
				  reasonable opportunity to offer testimony with respect to the matters specified
				  in the notice of hearing. Every person shall, before proceeding to testify,
				  state the name, address, and whom the person represents at the hearing. The
				  presiding officer shall confine the testimony to the subject matter of the
				  hearing.
(e) All interested persons
				  and agencies of the State or its political subdivisions shall be afforded an
				  opportunity to submit data, views, or arguments which are relevant to the
				  subject matter of the hearing orally or in writing. Written testimony may be
				  submitted to the authority at its office in advance of the hearing. Persons
				  submitting written testimony, whenever possible, shall furnish ten copies of
				  the testimony to the authority.
(f)
				  Unless otherwise specifically ordered by the presiding officer, testimony given
				  at the hearing shall not be reported verbatim. All supporting written
				  statements, maps, charts, tabulations, or similar data offered at the hearing,
				  and which are deemed by the presiding officer to be authentic and relevant,
				  shall be received and made a part of the record. Unless the presiding officer
				  finds that the furnishing of copies is impracticable, two copies of the
				  exhibits shall be submitted.
(g) At
				  the close of the final public hearing, the presiding officer shall announce the
				  decision of the authority or announce the date when it intends to make a
				  decision.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Stadium Authority › Chapter 70 - RULES OF THE STADIUM AUTHORITY › Subchapter 3 - RULES OF PRACTICE AND PROCEDURE › Section 3-70-29 - Declaratory ruling by the authority

Current through June, 2024
(a) Any interested
				  person may petition the authority for a declaratory order as to the
				  applicability of any statutory provision administered by the authority or of
				  any rule or order of the authority.
(b) The petition shall be submitted in
				  duplicate to the office of the manager. The petition need not be in any special
				  form but shall contain at a minimum:
(1) A
				  statement of the nature of the petitioner's interest, including reasons for the
				  submission of the petition;
(2) A
				  designation of the specific statutory provision, rule, or order in
				  question;
(3) A complete statement
				  of the relevant facts and precise nature of the controversy;
(4) A statement of the interpretation given
				  the statutory provision, rule, or order by the petitioner;
(5) A memorandum containing the reasons,
				  including any legal authorities, in support of the interpretation of the
				  petitioner; and
(6) The name,
				  address, telephone number, and signature of the petitioner.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Stadium Authority › Chapter 70 - RULES OF THE STADIUM AUTHORITY › Subchapter 3 - RULES OF PRACTICE AND PROCEDURE › Section 3-70-30 - Cost of rules and public records

Current through June, 2024
Copies of these rules and other public records printed or
					 reproduced by the authority shall be furnished to any person requesting the
					 same upon payment of the cost prescribed by law or by the authority"
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 90 - GENERAL PROVISIONS › Section 3-90-1 - Definitions

Current through June, 2024
As used in chapters 3-90 to 3-95:
"Chairperson" means the person appointed by the governor to
				  serve as chairperson of the foundation.
"Commissioner" means any of the nine members of the
				  foundation appointed by the governor.
"Committee" means a group of Commissioners appointed by the
				  chairperson to serve ongoing or special purposes as determined by the
				  chairperson.
"Director" means the person employed by the foundation under
				  chapter
				  9, Hawaii Revised Statutes, to manage
				  its activities.
"Evaluation" means a review of the contracted services
				  rendered.
"Foundation" or "SFCA" means the state foundation on culture
				  and the arts composed of nine members and established by chapter
				  9, Hawaii Revised Statutes, and placed
				  under the department of accounting and general services.
"HRS" means Hawaii Revised Statutes.
"Monitoring" means supervision of the performances or
				  services only to the extent or ensuring compliance with contract
				  specifications.
"Panel" means the commissioners and citizens appointed by
				  the foundation to review and make recommendations on funding for culture, arts,
				  history, and humanities activities.
"Staff" means the employees of the foundation working under
				  the direction of the director.
"State" means the State of Hawaii.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 90 - GENERAL PROVISIONS › Section 3-90-2 - Organization of the foundation

Current through June, 2024
(a) The foundation
				is composed of nine members appointed by the governor to perform the duties and
				functions set forth in section
				9-3, HRS. The officers of
				the foundation shall consist of a chairperson appointed by the governor from
				among the commissioners.
(b) The
				chairperson shall preside at all meetings of the foundation. In the event that
				the chairperson is not able to preside, one of the commissioners shall be
				designated to serve as acting chairperson by the chairperson.
(c) The chairperson, with the approval of the
				commissioners, shall establish standing and special committees and appoint the
				chairperson of the panels.
(d) The
				director, with the approval of the chairperson, shall designate a person from
				among the staff to serve as acting director in the director's
				absence.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 90 - GENERAL PROVISIONS › Section 3-90-3 - Conflict of interest

Current through June, 2024
Commissioners, staff, and panelists selected by the SFCA
				  shall disqualify themselves and shall not take any official action directly
				  affecting any personal business, project, or undertaking as specified in
				  section
				  84-14,
				  HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 91 - SFCA MEETINGS › Section 3-91-5 - Notice

Current through June, 2024
The foundation shall give written public notice of any
				  annual, general, special, or rescheduled meeting in accordance with chapter
				  92, HRS. Notice shall be mailed to all
				  commissioners.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 91 - SFCA MEETINGS › Section 3-91-6 - Quorum

Current through June, 2024
No meeting of the foundation shall be held without a quorum
				  of at least five commissioners and no action shall be taken by the foundation
				  without the concurrence of at least five commissioners.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 92 - SFCA ADVISORY PANELS › Section 3-92-1 - SFCA advisory panels

Current through June, 2024
(a) The foundation
				shall designate advisory panels for the purpose of reviewing applications and
				recommending funding levels.
(b)
				The individual panels shall review and make funding recommendations to the
				foundation in the following subject areas:
(1) Arts in education;
(2) Community arts;
(3) Ethnic heritage;
(4) Folk arts;
(5) Humanities;
(6) Literary arts;
(7) Media arts;
(8) Performing arts; and
(9) Visual and environmental arts.
The SFCA may add, combine, eliminate, or modify these
				  subject areas as may be necessary.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 92 - SFCA ADVISORY PANELS › Section 3-92-2 - Composition of advisory panels

Current through June, 2024
(a) Panels shall be
				composed of:
(1) Two commissioners of the
				foundation; and
(2) Not less than
				five and not more than seven members of the community at large.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 92 - SFCA ADVISORY PANELS › Section 3-92-3 - Selection of panel members

Current through June, 2024
Interested individuals may apply to the foundation for panel
				  membership. The panel members shall be knowledgeable and experienced in the
				  subject matter of the panel on which they serve. With the recommendation of the
				  panel chairperson, panel vice chairperson, and director, the foundation shall
				  appoint the panel members. Panel members shall serve without compensation,
				  except for reimbursement of travel and other necessary
				  expenses.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 92 - SFCA ADVISORY PANELS › Section 3-92-4 - Responsibilities of panel members

Current through June, 2024
(a) All panel
				members shall attend and participate in discussions pertaining to their
				respective panels except when a panel member has a conflict of
				interest.
(b) All panel members
				shall vote on recommendations to be made by their respective panels to the
				foundation regarding applications for funds referred to their panels.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 92 - SFCA ADVISORY PANELS › Section 3-92-5 - Panel recommendations

Current through June, 2024
Panel recommendations shall be forwarded to the foundation
				  and shall be based on the information obtained by staff review, panel review,
				  any additional factual information, and on the criteria set forth on
				  application forms. The foundation shall accept, reject, or modify panel
				  recommendations.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 93 - REQUEST FOR FUNDING AND FUNDING ALLOCATIONS › Section 3-93-1 - General requirements

Current through June, 2024
All applicants for grants, subsidies, and purchases of
				  service shall comply with chapter
				  42, HRS, and chapter
				  6-3, Hawaii Administrative Rules
				  entitled "Grants, Subsidies and Purchases of Service", adopted by the
				  department of budget and finance.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 93 - REQUEST FOR FUNDING AND FUNDING ALLOCATIONS › Section 3-93-2 - Application forms

Current through June, 2024
(a) Application forms shall be made available
				at the SFCA office and at places designated by the SFCA at least thirty days
				prior to the application deadline.
(b) An applicant shall submit fifteen sets of
				their completed forms to the SFCA office and any additional sets required by
				the state director of finance. Additional evidence such as the bylaws and
				policies of the applicant, may be required by the SFCA as necessary to
				establish that the applicant meets the standards of section 42-2,
				HRS.
(c) The forms designated by
				the SFCA to be used are:
(1) Provider profile
				form:
(A) This form shall consist of
				identifying information of the applicant including the name of the
				organization, address, telephone, name of contact person, title, telephone, and
				tax-exempt status; and
(B) Brief
				description of the organization including the year founded, its purpose, and
				major activities, its management and artistic staff, membership, and financial
				information.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 93 - REQUEST FOR FUNDING AND FUNDING ALLOCATIONS › Section 3-93-3 - Review of application forms

Current through June, 2024
(a) All
				applications must be received in the foundation office no later than the
				submittal deadline indicated by SFCA on the application forms. Application
				forms shall be reviewed to determine compliance with standards established by
				chapter
				42, HRS; said determination is to
				consider the reasonableness, efficiency, and effectiveness of the proposal in
				achieving the objectives of the SFCA.
(b) Application forms shall be evaluated by
				advisory panels selected by the SFCA. Evaluations shall be based on the
				following criteria:
(1) Artistic quality
				and/or merit of the activity;
(A)
				Professional or qualified presenters; and
(B) Quality of past programming and services
				provided.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 93 - REQUEST FOR FUNDING AND FUNDING ALLOCATIONS › Section 3-93-4 - Determination of funding allocations

Current through June, 2024
(a) The foundation
				shall determine the amount of funds to be allocated to each panel based on a
				review of each panel's past funding levels, the numbers of eligible
				applications submitted in each panel area, the amounts of requests in each
				panel area, and community needs.
(b) In the event appropriations are reduced
				or other additional funds become available through canceled projects, release
				of restricted funds, additional appropriations, federal grants or other means,
				the foundation shall determine the amounts and methods for allocations in
				accordance with its rules, chapter
				42, HRS, chapter
				6-3 Hawaii Administrative Rules adopted
				by the department of budget and finance, and legislative intent.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 94 - CONTRACTS › Section 3-94-1 - Contracts for grants, subsidies and purchases of service appropriations

Current through June, 2024
(a) Funds for grants, subsidies and purchases
				of service agreements shall be released following the execution of a contract
				between the organization and the State.
(b) Organizations must agree to comply with
				the conditions specified in chapter
				42-3, HRS before receiving a grant,
				subsidy or purchases of service agreement.
(c) The SFCA shall not enter into contract
				with organizations who have final project reports and documents incomplete or
				outstanding from the previous fiscal year.
(d) All contracts shall be reviewed and
				approved by the attorney general's office for conformance with public purpose
				and legislative intent.
(e) All
				contracts shall include sections relating to the conditions which an
				organization must meet as specified in chapter
				42, HRS and by the National Endowment
				for the Arts, the allotment of funds as prescribed by chapter
				37, HRS,
				indemnification of the State, and independent contractor status of the
				recipient.
(e) All contracts shall
				be for a period of no more than one year.
(f) All contracts shall be executed not late
				than sixty (60) days from the effective date of the appropriation or as soon as
				practicable thereafter. If the contract is not executed within the sixty days,
				the SFCA shall inform the organization as to when the contract is expected to
				be executed.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 94 - CONTRACTS › Section 3-94-2 - Monitoring of contracts

Current through June, 2024
(a) The SFCA shall
				monitor each contract at least annually to ensure compliance with chapter
				42, HRS, and the public purpose and
				legislative intent of the agreement.
(b) Any organization who withholds or omits
				any material facts or deliberately misrepresents such facts and violates any of
				the provisions of chapter
				42, HRS, of the terms of its
				contracts, shall be prohibited from applying for state funds for a period of
				five years.
(c) Any organization
				that intentionally or deliberately violates any of the provisions of chapter
				42, HRS, or the terms of its contract,
				and has funds appropriated in the subsequent fiscal year shall not be entitled
				to receive the funds.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 94 - CONTRACTS › Section 3-94-3 - Evaluation of contracts

Current through June, 2024
(a) Each contract
				shall be evaluated at least annually to determine whether the intended results
				were attained in the manner contemplated. An organization shall complete a
				variance report form prepared by the department of budget and finance and a
				SFCA final project report form for each contract. The SFCA final project report
				form shall contain the following information:
(1) Identifying information about the
				organization and contract consisting of the SFCA project number, the name,
				address and telephone of the organization, the name, title, and telephone of
				the contact person;
(2) The start
				date and end date of the contract;
(3) A brief description of the contracted
				services, including the project title, listing of activities including dates
				and locations of services, numbers of individuals benefiting, and evaluation of
				the project;
(4) The actual
				expenses incurred and revenues received; and
(5) Certification that the information
				contained in the report including all attachments and supporting materials are
				correct to the best of the authorizing official's knowledge.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 95 - DECLARATORY RULINGS › Section 3-95-1 - Petition

Current through June, 2024
Any interested person may petition the foundation for a
				  declaratory order as to the applicability of any statutory provision
				  administered by the foundation or of any rule or order of the foundation. The
				  petition shall be submitted in duplicate and filed with the
				  foundation.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 95 - DECLARATORY RULINGS › Section 3-95-2 - Form and content of petition

Current through June, 2024
(a) The petition
				shall include:
(1) A statement of the nature
				of the petitioner's interest including reasons for the submission of the
				petition;
(2) The designation of
				the specific statutory provision, rule, or order in question;
(3) A complete statement of the relevant
				facts and precise nature of the controversy;
(4) A statement of the interpretation by the
				petitioners of the statutory provision, rule, or order;
(5) A description of the reasons, including
				any legal authority of reference, in support of the interpretation by the
				petitioner;
(6) Any other
				information or facts relevant to the petition;
(7) The name, address, and telephone number
				of the petitioner; and
(8) The
				signature of the petitioner.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 95 - DECLARATORY RULINGS › Section 3-95-3 - Nonissuance of declaratory order

Current through June, 2024
The foundation, for good cause, may refuse to issue a
				  declaratory order. Without limiting the generality of the foregoing, the
				  foundation may so refuse where:
(1)
				The request is speculative or purely hypothetical and is not based on an
				existing situation or one which may be reasonably expected to occur in the near
				future; or
(2) The petitioner's
				interest is not of the kind which confers sufficient standing to maintain an
				action in a court of law; or
(3)
				The issuance of the declaratory order may adversely affect the interest of the
				State, the foundation, or any officer or employee of the State or foundation in
				any litigation which is pending or may which may be reasonably expected to
				arise; or
(4) The petition requests
				a ruling on a statutory provision not administered by the foundation or the
				matter is not otherwise within the foundation's jurisdiction.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 95 - DECLARATORY RULINGS › Section 3-95-4 - Hearing

Current through June, 2024
No hearing need be granted to the petitioner or to any
				  interested person in the usual course of disposition of a petition for a
				  declaratory ruling. However, the foundation may order a hearing on the
				  disposition of the petition if the petitioner submits a written request
				  therefore, stating in detail why a hearing is necessary for a fair
				  consideration of the need for a declaratory ruling on the matter stated in the
				  petition.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 95 - DECLARATORY RULINGS › Section 3-95-5 - Disposition of petition

Current through June, 2024
The foundation, with reasonable promptness, shall either
				  deny the petition, stating the reasons therefore in writing, or issue a
				  declaratory ruling. The director shall promptly notify the petitioner of the
				  foundation's action.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Foundation on Culture and the Arts › Chapter 95 - DECLARATORY RULINGS › Section 3-95-6 - Applicability of ruling

Current through June, 2024
A ruling on a petition shall apply only to the fact
				  situation contained in the petition or as set forth in the ruling. A ruling
				  shall not apply to different fact situations or to situations where additional
				  facts, not contained in the petition, exist.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 120 - GENERAL PROVISIONS › Section 3-120-1 - Purpose

Current through June, 2024
(a) The purpose of these rules is to promote
				  economy, efficiency, and effectiveness in the procurement of goods and
				  services, and construction for the State and counties, by:
(1) Simplifying, clarifying, and modernizing
				  the law governing procurement;
(2)
				  Requiring the continued development of procurement policies and
				  practices;
(3) Making the
				  procurement laws of the State and counties as consistent as possible;
(4) Ensuring the fair and equitable treatment
				  of all persons who deal with the procurement system of the State and
				  counties;
(5) Providing increased
				  economy in procurement activities and maximizing best value to the fullest
				  extent practicable;
(6) Fostering
				  effective broad-based competition within the free enterprise system;
(7) Providing safeguards for the maintenance
				  of a procurement system of quality and integrity; and
(8) Increasing public confidence in the
				  procedures followed in public procurement.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 120 - GENERAL PROVISIONS › Section 3-120-3 - Applicability

Current through June, 2024
These rules shall apply to:
(1) The procurement practices of all entities
				  created by the State's and counties' constitutions, charters, statutes,
				  ordinances, administrative rules, or executive orders, including the office of
				  Hawaiian affairs, and the departments, commissions, councils, boards, bureaus,
				  committees, institutions, authorities, legislative bodies, agencies, government
				  corporations, or other establishment or office of the executive, legislative,
				  or judicial branches of the State or its several counties; and
(2) All procurement contracts made by
				  governmental bodies, whether the consideration for the contract is cash,
				  revenues, realizations, receipts, or earnings, any of which the State receives
				  or is owed; in-kind benefits; or forbearance; provided that nothing in this
				  chapter or rules adopted hereunder shall prevent any governmental body from
				  complying with the terms and conditions of any other grant, gift, bequest, or
				  cooperative agreement.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 120 - GENERAL PROVISIONS › Section 3-120-4 - Procurements exempt from chapter 103D, HRS

Current through June, 2024
(a) Notwithstanding
				  the intent of chapter 103D, HRS, to require governmental bodies to procure
				  their goods and services through competitive bidding, it is acknowledged that
				  there may be situations where procurement by competitive means is either not
				  practicable or not advantageous to the State.
(b) Exhibit A titled "Procurements Exempt
				  From Chapter 103D, HRS" dated 10/30/2014, is located at the end of this
				  chapter. This exhibit provides a list of goods and services which the
				  procurement policy board has determined to be exempt from chapter 103D, HRS,
				  because although such goods and services may be available from multiple
				  sources, their procurement by competitive means would be either not practicable
				  or not advantageous to the State.
(c) Chief procurement officers may request
				  periodic reports from the heads of purchasing agencies of procurements made
				  pursuant to subsection (b). The heads of purchasing agencies may be required to
				  include in their reports, descriptions of the process or procedures the agency
				  used to select the vendor ensuring maximum fair and open competition whenever
				  practicable.
(d) Chief procurement
				  officers may request that additional exemptions be added to Exhibit A entitled
				  "Procurements Exempt From Chapter 103D, HRS" dated 10/30/2014, located at the
				  end of this chapter.
(e) The
				  procurement policy board shall review Exhibit A titled "Procurements Exempt
				  From Chapter 103D, HRS" dated 10/30/2014, located at the end of this chapter,
				  annually or more frequently as needed for amendments.
(f) Purchasing agencies making procurements
				  which are exempt from chapter 103D, HRS, are nevertheless encouraged to adopt
				  and use provisions of the chapter and its implementing rules as appropriate;
				  provided that the use of one or more provisions shall not terminate the
				  exemption and subject the procurement of the purchasing agency to any other
				  provision of the chapter.
(g)
				  Purchasing agencies shall cite on the purchase order or on the contract, the
				  authority waiver as "Exempt From Chapter 103D, HRS, pursuant to section
				  3-120-4(b) (cite exemption number from Exhibit A titled "Procurements Exempt
				  From Chapter 103D, HRS" dated 10/30/2014, located at the end of this chapter),
				  Hawaii Administrative Rules".
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 120 - GENERAL PROVISIONS › Section 3-120-5 - Procedures for requesting exemption and amendment

Current through June, 2024
(a) When the
				  head of a purchasing agency determines that a situation exists wherein
				  procurement by competitive means would be either not practicable or not
				  advantageous to the State, a request for an exemption may be made to the
				  appropriate chief procurement officer as follows. Prior to procurement:
(1) Heads of purchasing agencies shall submit
				  a written request to the chief procurement officer and certify to the best of
				  their knowledge that the information provided is true and correct;
				  and
(2) The request shall be made
				  on a form provided by the chief procurement officer.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 120 - GENERAL PROVISIONS › Exhibit A - PROCUREMENTS EXEMPT FROM CHAPTER 103D, HRS

Current through June, 2024
The following exemptions, pursuant to section
					 3-120-4,
					 HAR, have been determined to be exempt from chapter 103D, HRS, by the
					 procurement policy board, notwithstanding remaining ethical considerations in
					 public procurement, as guided by section
					 103D-101,
					 HRS, and section
					 3-131-1.02,
					 HAR:
Exemption Number
Exemption
1.
Research, reference, and educational materials
								including books, maps, periodicals, and pamphlets, which are published or
								available in print, video, audio, magnetic, or electronic form, including
								web-based databases, and costs associated with publication of articles in
								scholarly journals;
2.
Services of printers, rating agencies, support
								facility providers, fiscal and paying agents, and registrars for the issuance
								and sale of the State's or counties' bonds;
3.
Services of lecturers, speakers, trainers,
								facilitators and scriptwriters, when the provider possess specialized training
								methods, techniques or expertise in the subject matter;
4.
Services of legal counsel, guardian ad litem,
								psychiatrists, psychologists, receivers and masters when required by court
								order;
5.
Insurance to include insurance broker
								services;
6.
New or used items which are advantageous and
								available on short notice through an auction, bankruptcy, or
								foreclosure;
7.
Food and fodder for animals;
8.
Facility costs for conferences, meetings, and
								training sessions;
9.
Advertisements in specialized publications, such as
								in ethnic or foreign language publications, trade publications, or professional
								publications;
10.
Arbitrator and mediator services;
11.
Interpreter services;
12.
Procurement of repair services when dismantling is
								required to assess the extent of repairs;
13.
Burial services consisting of mortuary, crematory,
								cemetery, and other essential services for deceased indigent persons or
								unclaimed corpses;
14.
Radio and television airtime when selection of
								station is based on the targeted audience (i.e. ethnic or age group, gender,
								etc);
15.
Subscription costs and registration or workshop
								fees for conferences or training; and
16.
Court reporter services.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 121 - PROCUREMENT ORGANIZATION › Subchapter 1 - PROCUREMENT POLICY BOARD › Section 3-121-1 - Duties and advisor

Current through June, 2024
(a) The duties of
					 the procurement policy board shall be in accordance with sections
					 103D-202,
					 103D-211, and
					 103D-401,
					 HRS. The board:
(1) Shall audit and monitor
					 the implementation of its rules and the requirements of chapters
					 103D and
					 103F, HRS;
(2) May annually audit any entity subject to
					 chapters
					 103D and
					 103F, HRS, to be randomly selected,
					 to ensure compliance with chapters
					 103D and
					 103F, HRS; and
(3) May select any entity subject to chapters
					 103D and 103F, HRS, for compliance audits based upon:
(A) A pattern of non-compliance; or
(B) Any justification determined by the
					 procurement policy board to warrant an audit.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 121 - PROCUREMENT ORGANIZATION › Subchapter 1 - PROCUREMENT POLICY BOARD › Section 3-121-1.01 - Meetings

Current through June, 2024
(a) The procurement policy board may meet and
					 exercise its duties in this State. Except as otherwise provided by law, all of
					 the procurement policy board meetings are open to the public. The parliamentary
					 procedures to be utilized by the procurement policy board in the conduct of its
					 meetings shall be based on the current edition of 'Robert's Rules of Order
					 Newly Revised', to the extent it does not conflict with chapters
					 91 and
					 92, HRS, or these rules.
(b) The procurement policy board:
(1) Shall allow all interested persons an
					 opportunity to submit data, views, arguments, or. present oral testimony on any
					 agenda item in an open meeting;
(2)
					 May provide for the recordation of all presented oral testimony; or
(3) May impose limitations on the submission
					 of data, views, arguments, or oral testimony in the interest of preserving
					 fairness within the constraints of an open meeting.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 121 - PROCUREMENT ORGANIZATION › Subchapter 1 - PROCUREMENT POLICY BOARD › Section 3-121-2 - Procurement directives

Current through June, 2024
(a) The policy
					 board shall issue procurement directives to:
(1) Cover the policies and procedures for
					 conducting its business;
(2) Issue
					 interim rules;
(3) Provide general
					 procurement policy guidance; and
(4) Issue forms, lists, or other information
					 as required.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 121 - PROCUREMENT ORGANIZATION › Subchapter 1 - PROCUREMENT POLICY BOARD › Section 3-121-3 - Exceptions

Current through June, 2024
The procurement policy board shall not exercise
						authority over:
(1) The award or
					 administration of any particular contract, or over any dispute, claim, or
					 litigation pertaining thereto; and
(2) The specifications for goods, services,
					 or construction items, provided that the specifications are prepared in
					 accordance with chapter
					 103D, HRS, and the rules of the
					 policy board.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 121 - PROCUREMENT ORGANIZATION › Subchapter 2 - CHIEF PROCUREMENT OFFICERS › Section 3-121-5 - Chief procurement officers identified

Current through June, 2024
The chief procurement officers for each of the state
						entities shall be in accordance with section
						103D-203,
						HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 121 - PROCUREMENT ORGANIZATION › Subchapter 2 - CHIEF PROCUREMENT OFFICERS › Section 3-121-6 - Authority and duties

Current through June, 2024
(a) Each chief
					 procurement officer shall serve as the central procurement officer for its
					 respective jurisdiction in accordance with sections
					 103D-205,
					 103D-207,
					 and
					 103D-402,
					 HRS.
(b) A chief procurement
					 officer may issue price or vendor lists for goods and services pursuant to
					 section § 3-122-143.
(1) When price or
					 vendor lists are issued, it is mandatory that all departments and agencies
					 procure goods and services from the price or vendor lists, unless otherwise
					 determined by the chief procurement officer and stated in the
					 solicitation.
(2) Exceptions to
					 purchase outside of the price or vendor lists are allowed upon approval of the
					 chief procurement officer. The burden of proof that the price or vendor list
					 good or service is not suited to the agency's needs shall be the responsibility
					 of the expending agency.
(3) Use of
					 price or vendor lists between chief procurement officers may be authorized upon
					 mutual agreement and commitment to the terms of the price or vendor list
					 pursuant to chapter 3-128. The State's commitment shall be stated in the bid
					 document.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 121 - PROCUREMENT ORGANIZATION › Subchapter 2 - CHIEF PROCUREMENT OFFICERS › Section 3-121-7 - Additional duties of the administrator of the state procurement office

Current through June, 2024
In addition to the duties in section
						3-121-6, the administrator shall
						comply with section
						103D-206,
						HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 121 - PROCUREMENT ORGANIZATION › Subchapter 2 - CHIEF PROCUREMENT OFFICERS › Section 3-121-8 - Centralization of procurement authority

Current through June, 2024
Procurement authority shall be centralized pursuant to
						section
						103D-207,
						HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 121 - PROCUREMENT ORGANIZATION › Subchapter 3 - DELEGATION OF CHIEF PROCUREMENT OFFICERS AUTHORITY AND DUTIES › Section 3-121-16 - Delegation of authority

Current through June, 2024
(a) Each chief
					 procurement officer may delegate any authority or duty or may revoke any
					 authority or duty conferred upon the chief procurement officer by chapter
					 103D, HRS, and rules adopted by the
					 policy board to any head of a purchasing agency within its respective
					 jurisdiction. Factors to consider in making the decision to delegate include:
(1) The expertise of the potential delegate
					 in terms of procurement knowledge and any specialized knowledge pertinent to
					 the authority to be delegated;
(2)
					 The past experience of the potential delegate in exercising similar
					 authority;
(3) The degree of
					 economy and efficiency to be achieved in meeting the State's requirements if
					 authority is delegated;
(4) The
					 available resources of the office of the chief procurement officer to exercise
					 the authority if it is not delegated; and
(5) The consistency of delegation under
					 similar circumstances.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 121 - PROCUREMENT ORGANIZATION › Subchapter 3 - DELEGATION OF CHIEF PROCUREMENT OFFICERS AUTHORITY AND DUTIES › Section 3-121-17 - Limits to delegation of authority

Current through June, 2024
The chief procurement officer may delegate to a designee
						who will sign for the chief procurement officer final approval for the
						following:
(1) Exemptions to chapter
					 103D, HRS, pursuant to section
					 103D-102(b)(4),
					 HRS[.];
(2) Purchases by sole
					 source selection under the provisions of section
					 103D-306,
					 HRS;
(3) Emergency procurements
					 pursuant to section 103D-3 07, HRS;
(4) Waiver to competitive sealed bid process
					 pursuant to section § 3-122-35; and
(5) Waiver to competitive sealed proposal
					 process pursuant to section 3-122-59.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 121 - PROCUREMENT ORGANIZATION › Subchapter 4 - PROCUREMENT ADVISORY COUNCIL AND OTHER ADVISORY GROUPS › Section 3-121-25 - Procurement advisory council

Current through June, 2024
(a) The procurement
					 policy board may establish a procurement advisory council for:
(1) The discussion of problems and
					 recommendations for improvement of the procurement process; and
(2) Conducting studies, research, analyses,
					 and making reports and recommendations with respect to subjects or matters
					 within the jurisdiction of the policy board, when requested by the policy
					 board.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 121 - PROCUREMENT ORGANIZATION › Subchapter 4 - PROCUREMENT ADVISORY COUNCIL AND OTHER ADVISORY GROUPS › Section 3-121-26 - Other advisory groups

Current through June, 2024
The chief procurement officer may appoint advisory
						groups to assist with respect to specifications or procurement in specific
						areas, and with respect to any other matters within the authority of the chief
						procurement officer.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 121 - PROCUREMENT ORGANIZATION › Subchapter 4 - PROCUREMENT ADVISORY COUNCIL AND OTHER ADVISORY GROUPS › Section 3-121-27 - Reimbursement of expenses

Current through June, 2024
Members of the procurement advisory council .and other
						advisory groups may be reimbursed for expenses incurred in the performance of
						their duties, subject to such expenditure limitations as may be prescribed by
						the policy board and applicable law.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 121 - PROCUREMENT ORGANIZATION › Subchapter 5 - RULEMAKING PROCEEDINGS AND DECLARATORY RULINGS › Section 3-121-31 - Adoption, amendment, or repeal of rules

Current through June, 2024
(a) Rules shall be
					 adopted, amended, or repealed by the procurement policy board in accordance
					 with chapter
					 91, HRS, except for rules the
					 procurement policy board may approve as interim rules pursuant to section
					 103D-202,
					 HRS.
(b) Any interested person may
					 petition the procurement policy board for the adoption, amendment, or repeal of
					 any rule. The petition shall be submitted in duplicate and delivered to the
					 administrator of the state procurement office.
(c) The petition need not be in any special
					 form but it must contain:
(1) A statement of
					 the nature of each petitioner's interest;
(2) A draft of the substance of the proposed
					 rule or amendment and a designation of any existing rule affected by the
					 petition;
(3) An explicit statement
					 of the reasons in support of the proposed rule, amendment, or repeal;
(4) Any other information relevant to the
					 petition;
(5) The name, address,
					 and telephone number of each petitioner; and
(6) The signature of each
					 petitioner.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 121 - PROCUREMENT ORGANIZATION › Subchapter 5 - RULEMAKING PROCEEDINGS AND DECLARATORY RULINGS › Section 3-121-32 - Declaratory ruling

Current through June, 2024
(a) Any person may
					 petition the procurement policy board for a declaratory ruling as to the
					 applicability of any statutory provision enforced by the procurement policy
					 board or of any rule or order of the procurement policy board.
(b) The petition shall be submitted in
					 duplicate to the administrator of the state procurement office. The petition
					 need not be in any special form but it shall contain:
(1) A statement of the nature of each
					 petitioner's interest, including reasons for the submission of the
					 petition;
(2) A designation of the
					 specific statutory provision, rule, or order in question;
(3) A complete statement of the relevant
					 facts;
(4) A statement of the
					 interpretation given the statutory provision, rule, or order by the
					 petitioner;
(5) A memorandum
					 containing the reasons, including any legal authority in support of the
					 interpretation of the petitioner;
(6) The name, address, and telephone number
					 of each petitioner; and
(7) The
					 signature of each petitioner, or petitioner's representative.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 2 - GENERAL PROVISIONS › Section 3-122-2 - Extension of time for acceptance of offer recived in response to a solicitation

Current through June, 2024
After opening offers, the procurement officer may
						request offerors to extend the time during which the State may accept their
						offers, as stated in the terms and conditions of the solicitation, provided
						that, with regard to competitive sealed bids, no other change is permitted. The
						reasons for requesting the extension shall be documented.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 2 - GENERAL PROVISIONS › Section 3-122-3 - Extension of time on contracts

Current through June, 2024
(a) If a contract
					 has exhausted its provision for extension(s) of time of performance, or if the
					 contract does not include a provision for extension(s) of time of performance,
					 the contract may be extended upon approval of the chief procurement officer,
					 provided:
(1) The period of each extension is
					 for one hundred eighty calendar days or less;
(2) The procurement officer makes a written
					 determination that it is not practical to award another contract at the time of
					 the expiration of the contract for reasons to include but not be limited to the
					 following:
(A) A new contract cannot be
					 executed by the time one contract expires; or
(B) The need for the good or service is short
					 term;
(3) All parties
					 agree to the extension of time of performance; and
(4) The price(s) or conditions of the
					 contract remain the same as the original contract, or as amended per the
					 contract; or if not the same or as amended, they are fair and
					 reasonable.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 122 - SOURCE SELECTION AND CONTRACT FORMATION › Subchapter 2 - GENERAL PROVISIONS › Section 3-122-4 - Multiple or alternate offers

Current through June, 2024
(a) Unless
					 specifically provided for in the solicitation, multiple or alternate offers
					 shall not be accepted and all such offers shall be rejected.
(b) If multiple or alternate offers are
					 allowed, the solicitation shall specify their treatment.