reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 7 - REMOTE ONLINE NOTARIZATION › Section 5-11-72 - Electronic signature and electronic notary seal; electronic stamping device; electronic notarial certificate

Current through June, 2024
(a) In addition to
				  the rubber stamp notary seal required for all notaries public pursuant to
				  section
				  456-3, HRS, and section
				  5-11-5, a remote
				  online notary public shall obtain and keep one or more electronic stamping
				  devices. An electronic stamping device shall consist of a digital certificate
				  complying with the X.509 standard adopted by the International
				  Telecommunication Union. A remote online notary public shall attach or
				  logically associate the remote online notary public's electronic signature and
				  electronic notary seal to an electronic document that is the subject of a
				  notarial act for a remotely located individual by use of a digital certificate.
				  A remote online notary public may not perform a notarial act for a remotely
				  located individual if the digital certificate:
(1) Has expired;
(2) Does not comply with section
				  5-11-71;
(3) Is invalid;
				  or
(4) Is incapable of
				  authentication at the time the notarial act is performed.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 11 - NOTARIES PUBLIC › Subchapter 7 - REMOTE ONLINE NOTARIZATION › Section 5-11-73 - Retention and repositories of electronic journal and audiovisual recording

Current through June, 2024
(a) In addition to the tangible journal
				  required of all notaries public pursuant to section
				  456-15,
				  HRS, a remote online notary public shall retain an electronic journal as
				  required under section
				  456-15,
				  HRS, and this chapter and any audiovisual recording created under section
				  456-23,
				  HRS, in a computer or other electronic storage device that protects the journal
				  and recording against unauthorized access by password or cryptographic process.
				  The electronic journal and audiovisual recording shall be maintained and
				  retained in an industry-standard audiovisual file format that can be viewed by
				  the attorney general without the need for additional software. An electronic
				  journal kept. by the remote online notary public and the audiovisual recording
				  created pursuant to this subchapter are not subject to the requirements of
				  section
				  5-11-9.
(b) A remote online notary public shall take
				  reasonable steps to ensure that a backup of the electronic journal and
				  audiovisual recording exists and is secure from unauthorized use.
(c) On the death or adjudication of
				  incompetency of a current or former remote online notary public, the remote
				  online notary public's personal representative or guardian, or any other person
				  knowingly in possession of an electronic journal or audiovisual recording shall
				  comply with the retention requirements of chapter
				  456, HRS, and this chapter and
				  transmit the journal and recording to:
(1) One
				  or more repositories under subsection (d); or
(2) The attorney general in an
				  industry-standard data storage device that is readable without the need for
				  additional software or password or cryptographic process.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 12 - SECURITY REQUIREMENTS FOR THE STORAGE AND TRANSPORTATION OF FIREARMS AND EXPLOSIVES USED FOR MOTION PICTURE FILMS OR TELEVISION PROGRAM PRODUCTION › Section 5-12-1 - Definitions

Current through June, 2024
As used in this chapter, unless a different meaning clearly
				  appears in the context:
"Applicant" means any person who submits the required
				  documentation, application form, and fee for a permit as defined in this
				  section.
"Chief of police" means the chief of police of the counties
				  of Hawaii, Maui, or Kauai, or of the city and county of Honolulu.
"Explosive" means any chemical compound, mixture, or device,
				  the primary or common purpose of which is to function by explosion including,
				  but not limited to, dynamite, black power, pellet powder, initiating
				  explosives, detonators, safety fuses, squibs, detonating cord, ignitor cord,
				  ignitors, and any material classified as an explosive in the regulations of the
				  United States Department of Transportation and any material determined to be
				  within the coverage of 18 U.S.C. chapter
				  40, Importation, Manufacture,
				  Distribution, and Storage of Explosive Materials.
"Firearm" means "firearm" as defined in section
				  134-1, Hawaii Revised
				  Statutes.
"Permit" means a permit to possess, transport, or use, with
				  blank cartridges, firearms or explosives solely as props for motion picture
				  films or television program productions.
"State" means the state of Hawaii.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 12 - SECURITY REQUIREMENTS FOR THE STORAGE AND TRANSPORTATION OF FIREARMS AND EXPLOSIVES USED FOR MOTION PICTURE FILMS OR TELEVISION PROGRAM PRODUCTION › Section 5-12-2 - Security requirements; storage of firearms

Current through June, 2024
(a) The
				place of storage of firearms shall meet the following exterior building
				security requirements:
(1) All perimeter doors
				to the building shall be solid core and have dead-bolt locks or the equivalent.
				Sliding glass doors shall have steel window guards or be connected to an
				audible or silent alarm to detect entry.
(2) Ail direct entries into the interior
				storage room from the exterior of the building, including windows and
				skylights, require steel window guards (not recommended for private
				residences), or audible, silent, or sonic alarm to detect entry, or twenty-four
				hour security service as required by the chief of police of the appropriate
				county.
(3) If the firearms will be
				stored at a location different from the principal place of business, or at the
				applicant's residence and that residence is rented or leased, the applicant
				shall submit written approval from the owner and the location shall meet all
				specified exterior and interior security requirements.
(4) When the size of the firearms prohibits
				storage in a residence or room of a business, the firearms shall be permanently
				secured to prohibit easy removal, and the firing mechanism and any ammunition
				shall be removed and stored in a separate and locked room, or separate and
				locked cabinet or box outside of the storage area for the firearms.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 12 - SECURITY REQUIREMENTS FOR THE STORAGE AND TRANSPORTATION OF FIREARMS AND EXPLOSIVES USED FOR MOTION PICTURE FILMS OR TELEVISION PROGRAM PRODUCTION › Section 5-12-3 - Security requirements; transport of firearms

Current through June, 2024
(a) The
				following security requirements shall be met for transporting firearms:
(1) When size or quantity of the firearms
				permit storage inside the vehicle:
(A) The
				firearms shall be transported either concealed in the locked storage area of
				the vehicle, or in a locked metal box or the equivalent which is bolted to the
				floor of the vehicle. The vehicle shall be locked at all times while
				unattended.
(B) All locking devices
				shall be in good operating condition.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 12 - SECURITY REQUIREMENTS FOR THE STORAGE AND TRANSPORTATION OF FIREARMS AND EXPLOSIVES USED FOR MOTION PICTURE FILMS OR TELEVISION PROGRAM PRODUCTION › Section 5-12-4 - Security requirements; storage of explosives

Current through June, 2024
Explosives shall be stored in accordance with sections
				  12-98-4, 12-98-5, and 12-98-5.1.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 12 - SECURITY REQUIREMENTS FOR THE STORAGE AND TRANSPORTATION OF FIREARMS AND EXPLOSIVES USED FOR MOTION PICTURE FILMS OR TELEVISION PROGRAM PRODUCTION › Section 5-12-5 - Security requirements; transport of explosives

Current through June, 2024
(a)
				Explosives shall be transported in accordance with section 12-98-6.
(b) Any vehicle used for transporting
				explosives and any operator of such vehicle shall meet all requirements of
				federal, state, and county laws to be validly upon the roads and highways of
				this State.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 2 - HAWAII CRIMINAL JUSTICE DATA CENTER › Chapter 22 - CIVIL IDENTIFICATION › Section 5-22-3 - Application for alteration of state identification card

Current through June, 2024
(a) All persons desiring to alter their state
				identification card shall follow the procedures and present the documents as
				required in section
				5-22-2 for
				an original application.
(b) For
				those persons desiring alteration based on change of citizenship status, proof
				of the new citizenship shall be presented. For a new United States citizen, one
				of the following items shall be presented:
(1)
				Original United States certificate of naturalization;
(2) Original certificate of citizenship;
				or
(3) Original unexpired United
				States passport and a completed state identification supplemental information
				form.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 2 - HAWAII CRIMINAL JUSTICE DATA CENTER › Chapter 22 - CIVIL IDENTIFICATION › Section 5-22-4 - Application for correction of state identification card

Current through June, 2024
(a) Persons applying for correction of an
				error on the state identification card shall produce the original state
				identification card and be fingerprinted to verify identity. In addition,
				documented evidence shall be presented by the applicant pertaining to that item
				of information on the state identification card to be corrected.
(b) No fee will be assessed for a replacement
				card if the correction is requested within thirty calendar days of the issuance
				of the original card. If the correction is requested more than thirty calendar
				days after the original card was issued, the applicable fee will be assessed as
				provided in section
				5-22-7.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 2 - HAWAII CRIMINAL JUSTICE DATA CENTER › Chapter 22 - CIVIL IDENTIFICATION › Section 5-22-5 - Application for a duplicate or renewal of a state identification card

Current through June, 2024
Persons applying for a duplicate or renewal of a state
				  identification card shall follow procedures and must present supporting
				  documentation required by section
				  5-22-2. If there was a stipulation
				  for further documentation when the card was previously issued, then such
				  further documentation shall be presented at the time of application for
				  duplicate or renewal.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 2 - HAWAII CRIMINAL JUSTICE DATA CENTER › Chapter 22 - CIVIL IDENTIFICATION › Section 5-22-6 - Permanent address

Current through June, 2024
The state identification card shall include the applicant's
				  permanent address. An applicant's permanent address can be determined by one of
				  the following with administrative approval:
(1) Department of taxation form A-6,
				application for tax clearance;
(2)
				Current property tax assessment form;
(3) Current rental agreement for six months
				or more;
(4) Current time-share
				agreement for six months or more;
(5) Current Hawaii utility bill with the
				applicant's name;
(6) Hawaii state
				income tax return from the preceding year with W-2 form;
(7) Hawaii State driver's license or motor
				vehicle registration form;
(8)
				Student identification card issued by a Hawaii school;
(9) Medical card issued by a Hawaii health
				insurance agency;
(10) For an
				individual claiming that the individual had no income to file a tax return and
				is receiving state welfare assistance, a letter from the Hawaii state
				department of human services dated not more than ninety days prior to the
				application for a state identification card certifying that the individual is
				receiving state assistance;
(11)
				Mail addressed to the applicant from a government or medical entity;
(12) Homeless applicants may use the address
				of their current shelter agency or, if not staying in a shelter, may use the
				general delivery of the post office nearest where they spend most of their
				time; or
(13) If an applicant is in
				a shelter because of abuse, the applicant may display the address of a relative
				or friend or a post office box number on the card but must provide the
				applicant's permanent address for file purposes.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 2 - HAWAII CRIMINAL JUSTICE DATA CENTER › Chapter 22 - CIVIL IDENTIFICATION › Section 5-22-7 - Fees

Current through June, 2024
(a) The fee for a state identification card
				for applicants age sixty-five years and older is $15; for all others the fee is
				$20. All fees are payable in cash or money order.
(b) Web applicants will pay a state portal
				convenience fee and a reduced fee for their state identification card. Web
				applicants age sixty-five years and older will pay a fee of $10 and all other
				web applicants will pay a fee of $15.
(c) Fees may be waived, except for web
				applicants, in cases of extreme hardship upon approval by the attorney general
				or the attorney general's designee. Extreme hardship is when there are no funds
				available to the applicant to pay for the state identification card. The
				applicant requesting a fee waiver must provide evidence via a letter from a
				social service agency, welfare agency, or nonprofit entity to indicate all
				efforts to obtain the necessary funds have been exhausted.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 2 - HAWAII CRIMINAL JUSTICE DATA CENTER › Chapter 22 - CIVIL IDENTIFICATION › Section 5-22-8 - Fingerprints

Current through June, 2024
(a) The applicant's right index and left
				index fingerprints shall be obtained for purposes of identification, as
				required by section 846-28, Hawaii Revised Statutes.
(b) If a clear impression of the right or
				left index fingerprint cannot be obtained due to injury, allergy, amputation,
				deformity, paralysis, or other causes, then alternate fingerprints will be
				taken in the following successive order until at least two clear impressions
				are obtained:
(1) Right thumb;
(2) Right middle finger;
(3) Right ring finger;
(4) Right little finger;
(5) Left thumb;
(6) Left middle finger;
(7) Left ring finger; or
(8) Left little finger.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 2 - HAWAII CRIMINAL JUSTICE DATA CENTER › Chapter 22 - CIVIL IDENTIFICATION › Section 5-22-9 - Renewal by mail

Current through June, 2024
(a) Cardholders age
				sixty-five years and older who obtained state identification cards on or after
				November 1, 1998, may renew their state identification card by mail if there
				are no changes in name and citizenship. The completed application form shall be
				mailed back to the state identification office with a money order, cashier's
				check, or personal check. If the cardholder wants to update the cardholder's
				photograph, the cardholder may call the nearest state identification office for
				an appointment.
(b) An applicant
				with a physical or mental disability who had obtained a state identification
				card on or after November 1, 1998, may renew the applicant's state
				identification card by mail, if the applicant has the certification statement
				signed by the applicant's primary care physician that the applicant is, for a
				reason related to the applicant's physical or mental disability, unable to
				appear at the nearest office where renewals for state identification cards are
				being processed. A qualifying applicant may apply for renewal through the mail
				by:
(1) Completing the applicable application
				form;
(2) Affixing the qualifying
				applicant's signature;
(3) Affixing
				the appropriate fingerprints as listed in section
				5-22-8;
(4) Providing a recent color photograph that
				meets the specifications described on the application form and affixing the
				photograph to the application form;
(5) Enclosing a money order or cashier's
				check as listed in section
				5-22-7;
				and
(6) Enclosing the application
				form, fee, and all applicable supporting documents required by section
				5-22-5,
				including the signed certification by the qualifying applicant's primary care
				physician on the application form.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 2 - HAWAII CRIMINAL JUSTICE DATA CENTER › Chapter 22 - CIVIL IDENTIFICATION › Section 5-22-10 - Expiration date

Current through June, 2024
State identification cards shall expire eight years from the
				  year of issuance on the applicant's birthday, except for legal non-immigrants
				  (foreign tourists, students, or employees who are not legal permanent
				  residents), in which case the card shall bear the same expiration date as the
				  expiration date on the Form I-94 departure card.
(1) For Canadian visitors who are allowed to
				stay in the United States for up to six months at a time, the card's expiration
				date shall be six months from the date of entry into the United
				States;
(2) For foreign students
				and student trainees, the date on the Form
				1-20
				or Form lAP that presumes his or her completion of studies or student training
				shall be used as the expiration date. If only the month and year are noted, the
				last day of that month shall be used as the expiration date;
(3) For conditional resident aliens, the
				expiration date displayed at the bottom of the resident alien card shall be
				used as the expiration date;
(4)
				For individuals covered under the Compact of Free Association, the expiration
				date shall be eight years from the year of issuance on the applicant's
				birthday. These individuals are allowed unrestricted entry between their
				countries and the United States and include Micronesia, Marshall Islands,
				Palau, and the Northern Marianas;
(5) For individuals paroled indefinitely, the
				expiration date shall be either the expiration date on their Immigration and
				Customs Enforcement employment authorization card or the expiration date on
				their passport, if Immigration and Customs Enforcement has not confiscated the
				passport. This applies to those individuals who are illegally in the United
				States, but due to the politics of their country, are not allowed reentry to
				their country. Immigration and Customs Enforcement allows them to work and
				remain in the United States until conditions in their country change to allow
				them reentry; and
(6) For
				individuals who enter the United States on a K status (fiance/fiancee), the
				expiration date will be the date on the individual's Immigration and Customs
				Enforcement employment authorization card or the date of the interview which is
				set after the sponsor petitions the Immigration and Customs Enforcement for
				permanent residency. The applicant must present the applicant's employment
				authorization card or evidence of the interview date.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 2 - HAWAII CRIMINAL JUSTICE DATA CENTER › Chapter 22 - CIVIL IDENTIFICATION › Section 5-22-11 - Advance health-care directive

Current through June, 2024
A cardholder who has an advance health-care directive may
				  choose to have the state identification card issued with a symbol or
				  abbreviation indicating that the cardholder has an individual instruction in
				  writing, a living will, or a durable power of attorney for health care
				  decisions.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 2 - HAWAII CRIMINAL JUSTICE DATA CENTER › Chapter 22 - CIVIL IDENTIFICATION › Section 5-22-12 - Severability

Current through June, 2024
If any provision of this chapter, or the application thereof
				  to any person or circumstances is held invalid, the invalidity does not affect
				  other provisions or applications of this chapter which can be given effect
				  without the invalid provision or application, and to this end the provisions of
				  this chapter are severable.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 2 - HAWAII CRIMINAL JUSTICE DATA CENTER › Chapter 24 - FEES FOR HAWAII CRIMINAL JUSTICE DATA CENTER SERVICES › Section 5-24-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish fees for services
				  provided by the Hawaii criminal justice data center and state and county
				  criminal justice agencies, and to establish exemptions from the requirement to
				  pay fees.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 2 - HAWAII CRIMINAL JUSTICE DATA CENTER › Chapter 24 - FEES FOR HAWAII CRIMINAL JUSTICE DATA CENTER SERVICES › Section 5-24-2 - Fee schedule

Current through June, 2024
The fees for the following services are:
(1)
For each search performed on the adult criminal
						  conviction information website (eCrim)
$ 5.00
(2)
For each printout from the adult criminal conviction
						  information website (eCrim)
$ 12.00
(3)
For each printout from a public access terminal
$ 25.00
(4)
For each initial application for the expungement of
						  arrest records, including a $10.00 non-refundable processing fee
$ 35.00
(5)
For each subsequent application for the expungement of
						  arrest records, including a $10.00 non-refundable processing fee
$ 50.00
(6)
For each duplicate expungement certificate
$ 20.00
(7)
For each fingerprint-based or name-based criminal
						  history-record check conducted by the data center and other state and county
						  agencies
$ 30.00
(8)
For each complete set of fingerprints taken
$ 25.00
(9)
For each certification of a document
$ 20.00
(10)
For each manual fingerprint card scanned to electronic
						  format
$ 5.00
(11)
Monthly fee for criminal history record checks conducted
						  by government agencies not covered by an exemption set forth in section
						  5-24-3 or HRS §
												846-10.5.
$ 500.00
(12)
Monthly fee for unlimited searches on the adult criminal
						  conviction information website eCrim)
$1,000.00
(13)
For each bulk download of public sex offender
						  registration information
$ 100.00
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 2 - HAWAII CRIMINAL JUSTICE DATA CENTER › Chapter 24 - FEES FOR HAWAII CRIMINAL JUSTICE DATA CENTER SERVICES › Section 5-24-3 - Exemptions

Current through June, 2024
The exemptions from the fees established in this chapter and
				  HRS §
									846-10.5 are limited to
				  requests from the following:
(1)
				Criminal justice agencies for criminal justice purposes;
(2) State or county agencies for criminal
				history .record checks for employment or enlistment purposes;
(3) Child care facilities for criminal
				history record checks for licensing purposes;
(4) Non profit charitable organizations that
				are tax exempt under Internal Revenue Code section 501(c)(3)for criminal
				history record checks on their adult volunteers having direct contact with
				minors, the elderly or the disabled;
(5) Criminal justice or law enforcement
				agencies for the expungement of an arrest, upon approval of the administrator
				of the Hawaii criminal justice data center; and
(6) Federal, state, or county agencies for
				the purposes of security checks, military intelligence, homeland security,
				civil defense, anti-terrorism, counterintelligence and national security as
				authorized by law.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 2 - HAWAII CRIMINAL JUSTICE DATA CENTER › Chapter 24 - FEES FOR HAWAII CRIMINAL JUSTICE DATA CENTER SERVICES › Section 5-24-4 - Federal Bureau of Investigation fees

Current through June, 2024
The applicant fees charged by the Federal Bureau of
				  Investigation for national fingerprint-based criminal history record checks
				  shall be paid to the Hawaii criminal justice data center and held in the
				  criminal history record improvement revolving fund until the fees are passed to
				  the Federal Bureau of Investigation. The portion of the fee that the Federal
				  Bureau of Investigation allows the State to keep in return for processing the
				  fingerprint cards shall be held in the criminal history record improvement
				  revolving fund.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 2 - HAWAII CRIMINAL JUSTICE DATA CENTER › Chapter 25 - COVERED OFFENDER REGISTRATION › Section 5-25-1 - Purpose

Current through June, 2024
The purposes of this chapter are to establish procedures for
				  in-person verification of covered offenders and community notification to
				  subscribers and to establish provisions for special classes of offenders.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 2 - HAWAII CRIMINAL JUSTICE DATA CENTER › Chapter 25 - COVERED OFFENDER REGISTRATION › Section 5-25-2 - In-person verification

Current through June, 2024
(a) A covered
				offender shall report in person, every year, within the thirty-day period
				following the covered offender's date of birth, to one of the following
				agencies:
(1) The chief of police where the
				covered offender resides;
(2) The
				Hawaii paroling authority of the department of public safety; or
(3) The investigations division of the
				department of the attorney general.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 2 - HAWAII CRIMINAL JUSTICE DATA CENTER › Chapter 25 - COVERED OFFENDER REGISTRATION › Section 5-25-3 - Community notification

Current through June, 2024
(a) Community
				notification is a free service that notifies a subscriber electronically when a
				covered offender, within a specified zip code or a specified geographic range
				of an address provided by the subscriber, registers or updates registration
				information. The notification consists of a link to the covered offender's
				public registration record.
(b) Any
				individual or group with a valid email address may sign up for a subscription
				account at the Hawaii sex offender website at www.sexoffenders.hawaii.gov [File
				Link Not Available].
(c) The
				geographic range that may be specified is limited to within either one, two, or
				three miles of an address.
(d) The
				following information will be required from the subscriber:
(1) Email address,-
(2) Location description;
(3) Address; and
(4) Geographic range or zip code
				area.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 2 - HAWAII CRIMINAL JUSTICE DATA CENTER › Chapter 25 - COVERED OFFENDER REGISTRATION › Section 5-25-4 - Treatment of special classes of covered offenders

Current through June, 2024
(a) The
				special classes of covered offenders are:
(1)
				Class 1. Registered covered offenders who are not in Hawaii and are confirmed
				to be registered in another state or territory.
(2) Class 2. Registered covered offenders who
				are not in Hawaii and are confirmed to be deported to another
				country.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 1 - GENERAL PROVISIONS › Section 5-31-1 - Statement of purpose

Current through June, 2024
This chapter shall implement the child support enforcement
					 plan as required under title IV-D of the Social Security Act (42 United States
					 Code §§ 652-658a, 664, 666, 667, 668, and 669), 45 Code of Federal
					 Regulations parts 300-399, and chapter
					 576D, Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 1 - GENERAL PROVISIONS › Section 5-31-3 - Authorization of services

Current through June, 2024
(a) The agency
				  shall provide services authorized by chapter
				  576D, Hawaii Revised
				  Statutes.
(b) Any individual or
				  organization providing custodial care on behalf of a child, an alleged father,
				  or any non-custodial parent, may apply to the agency for services. Applications
				  shall not be accepted for the establishment of paternity or child support or
				  both of a child who is emancipated or is beyond the age of eighteen.
(c) An applicant for or recipient of
				  temporary assistance for needy families assigns to the State any:
(1) Rights to child and spousal support from
				  any other person(s) to which the applicant or recipient may be
				  entitled;
(2) Amounts that have
				  accrued at the time the assignment is executed for the period of time that the
				  recipient received temporary assistance for needy families; and
(3) Payments received by the recipient
				  directly from the non-custodial parent for the period of time that the
				  recipient received temporary assistance for needy families.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 1 - GENERAL PROVISIONS › Section 5-31-4 - Scope

Current through June, 2024
(a) The agency shall formulate and administer
				  the state plan as required pursuant to section
				  576D-2,
				  Hawaii Revised Statutes.
(b) The
				  agency may undertake any or all legal or administrative actions to:
(1) Locate non-custodial parents;
(2) Establish paternity;
(3) Establish non-custodial parents'
				  obligation to support their child or children;
(4) Review non-custodial parents' obligation
				  to support their child or children;
(5) Modify non-custodial parents' obligation
				  to support their child or children;
(6) Collect and distribute voluntary payments
				  or child support payments or both when a child support order requires
				  collection and distribution, except that disbursement in temporary assistance
				  for needy families cases shall be made in accordance with 4 5 C.F.R.
				  §302.51; and
(7) Enforce
				  collection of child support by any or a
combination of all appropriate enforcement methods
					 available to the agency, including, but not limited to:
(A) Judicial process;
(B) Administrative process,-
(C) Interception and retention of federal tax
				  refunds,-
(D) Interception and
				  retention of state tax refunds;
(E)
				  Interception and retention of periodic or lump-sum payments from unemployment
				  benefits, workers' compensation benefits, assets, settlements, proceeds,
				  awards, judgments, lotteries, and any other entitlement to money due to
				  non-custodial parents;
(F)
				  Establishment of liens;
(G)
				  Establishment and enforcement of income withholding orders;
(H) Financial institution data match
				  resulting in the freezing of financial accounts and the seizing of
				  funds;
(I) Referrals to consumer
				  reporting agencies;
(J) Referrals
				  to licensing agencies for the suspension of driver or professional
				  licenses;
(K) Referrals for the
				  denial of passports;
(L) Referrals
				  for administrative offsets; and
(M)
				  Referrals for federal prosecution in interstate cases.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 2 - INTAKE OP CASES FOR TITLE IV-D SERVICES › Section 5-31-12 - Application process

Current through June, 2024
(a) The application
				  to obtain title IV-D child support services shall be made on forms supplied by
				  the title IV-D agency and completed in a manner prescribed thereon.
(b) The agency shall provide the appropriate
				  application forms to individuals who make a request in person or send the
				  appropriate application forms upon receiving a written or telephone request.
				  Application forms shall be provided within timeframes prescribed by federal
				  regulation,
				  45 C.F.R.
				  §303.2(a) (2)
				  .
(c) Information describing
				  available child support services, individual's rights and responsibilities,
				  fees, cost recovery, and distribution policies shall be provided to applicants
				  with the application form and to all applicants referred to the agency within
				  five working days of referral.
(d)
				  No application shall be necessary in title IV-A, title IV-E, and title XIX
				  cases. In such cases, referrals are made through an electronic interface with
				  the department of human services.
(e) In cases where there is a protective
				  order or where the custodial parent discloses that the custodial parent or the
				  child(ren), or both may be in danger from the non-custodial parent, an
				  application for family violence indicator shall be completed by the custodial
				  parent. If this application is approved by the agency, the agency will not
				  disclose the location of the custodial parent and the subject child(ren) to
				  other states or persons through the federal parent locator service without
				  court approval or the custodial parent's written authorization.
(f) Any current recipient of temporary
				  assistance for needy families who believes he or she or the subject child(ren)
				  or both are in danger of physical harm may notify the department of human
				  services. Should the agency receive referrals of temporary assistance for needy
				  families cases identifying this situation, no action to establish paternity or
				  establish or enforce child support shall be taken until the agency is notified
				  otherwise by the department of human services.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 2 - INTAKE OP CASES FOR TITLE IV-D SERVICES › Section 5-31-13 - Case opening

Current through June, 2024
(a) An application
				  or referral is considered filed on the date the appropriate unit office
				  receives a completed, signed application form, or complete referral
				  information, and any applicable fees.
(b) Upon the filing of an application or
				  referral, the agency may establish a case record, assess the case and determine
				  necessary action, solicit necessary and relevant information, initiate
				  verification, and refer for location services, if necessary. In addition, the
				  agency shall refer the case, including all necessary documents as prescribed by
				  federal regulations, to another state's title IV-D central registry when the
				  application or referral form indicates that the non-custodial parent or
				  putative father resides in that state. These actions shall be completed within
				  timeframes prescribed by federal regulations,
				  45 C.F.R.
				  §§303.2(b),
				  303.7(b).
(c) Upon receiving an interstate title IV-D
				  case, the agency shall review the documentation for completeness, establish a
				  case record, forward the case to the appropriate unit for processing,
				  acknowledge to the initiating state receipt of the case, inform the initiating
				  state where the case was sent for action, and request the initiating state to
				  provide additional documentation if necessary. These actions shall be completed
				  within timeframes prescribed by federal regulation,
				  45 C.F.R.
				  §
											303.7(a)
				  (2).
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 2 - INTAKE OP CASES FOR TITLE IV-D SERVICES › Section 5-31-14 - Orientation

Current through June, 2024
A specially designed orientation session may be presented
					 by the agency to familiarize applicants with the rights and responsibilities of
					 the parties.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 2 - INTAKE OP CASES FOR TITLE IV-D SERVICES › Section 5-31-15 - Application information

Current through June, 2024
The following information may be required to complete the
					 application:
(1) The applicant's
				  social security number and date of birth;
(2) The applicant's last four pay
				  stubs;
(3) The applicant's most
				  recent federal or state income tax return;
(4) Child care receipts for the last three
				  months;
(5) Birth certificates for
				  each child in the family;
(6)
				  Social security numbers and dates of birth for each child and non-applicant
				  party;
(7) Address information for
				  all parties;
(8) Information when
				  the child has received temporary-assistance for needy families or medicaid any
				  time in the State or in other states;
(9) Information on the applicant's employer
				  and work history;
(10) Information
				  on the employer and work history of the other parent of the
				  child(ren);
(11) Information on or
				  availability and cost of medical coverage for the child(ren) by either
				  parent;
(12) All child support
				  orders;
(13) Information on
				  ownership of real property by the noncustodial parent;
(14) Information on financial accounts held
				  by either parent;
(15) Work, home,
				  and cellular telephone numbers for both parents;
(16) Information on both paternal and
				  maternal grandparents for each child;
(17) Caretaker information if the children
				  are not living with the mother or the father;
(18) Marriage or divorce or separation
				  history of both parties, marriage certificate, and divorce decree;
				  and
(19) Restraining orders issued
				  by the court.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 3 - LOCATION OF ABSENT PARENTS › Section 5-31-17 - Locate

Current through June, 2024
(a) The agency shall access available and
				  appropriate sources to obtain information concerning the custodial and
				  non-custodial parent. All appropriate location sources shall be accessed within
				  timeframes prescribed by federal regulation,
				  45 C.F.R. §
											303.3(b)(3).
(b) Where efforts to locate a non-custodial
				  parent have failed, attempts shall be repeated periodically within timeframes
				  prescribed by federal regulation,
				  45 C.F.R. §
											303.3(b)(5), or immediately
				  upon receipt of new and relevant information, whichever is earlier.
(c) Upon receipt of sufficient and necessary
				  locate information, the case shall be forwarded immediately for the next
				  appropriate action.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 3 - LOCATION OF ABSENT PARENTS › Section 5-31-18 - Interstate locate

Current through June, 2024
(a) Requests from
				  other jurisdictions for locate services only shall be processed pursuant to
				  section 5-31-17(a).
(b) Results of
				  actions completed to locate a non-custodial parent shall be communicated to the
				  requesting jurisdiction. No further action shall be required by the agency
				  unless specified by the requesting jurisdiction and determined to be
				  appropriate by the agency.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 4 - ESTABLISHMENT OF SUPPORT › Section 5-31-21 - Establishment of paternity

Current through June, 2024
(a) When a referral
				  is received from the department of human services, another state, or the
				  applicant, a determination is made whether paternity for a child is at
				  issue.
(b) Paternity is at issue
				  when natural parents are not married to each other at the time of the birth of
				  the child.
(c) Paternity can be
				  established by the following methods:
(1) By
				  the voluntary establishment of paternity pursuant to section
				  584-3.5,
				  Hawaii Revised Statutes;
(2) By a
				  court ordered judgment of paternity; or
(3) By a decree of divorce naming the child
				  as a child of the marriage.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 4 - ESTABLISHMENT OF SUPPORT › Section 5-31-21.1 - Non-pursuit of paternity

Current through June, 2024
(a) The agency
				  shall not initiate paternity proceedings in the following situations:
(1) Where paternity has been established by
				  court order or voluntary establishment of paternity pursuant to section
				  584-3.5,
				  Hawaii Revised Statutes; or
(2)
				  Where the mother was married at the time of the birth of the child or the child
				  was born within three hundred days of the divorce of the mother, and no alleged
				  natural father has been identified.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 4 - ESTABLISHMENT OF SUPPORT › Section 5-31-21.2 - Procedures when paternity is at issue

Current through June, 2024
(a) A complaint for
				  paternity initiated by the agency is filed with the court.
(b) Service of the complaint, which includes
				  a court hearing date, is made upon the parties named in the
				  complaint.
(c) Any named party in
				  the complaint may request genetic testing and genetic testing will be ordered
				  by the court. In such instance, the agency will advance the genetic testing
				  cost subject to reimbursement by any party.
(d) The genetic testing report will be filed
				  with the court and sent to the named parties on the complaint.
(e) If genetic testing does not result in
				  exclusion of the alleged father and testing has been conducted in accordance
				  with sections
				  584-11(a)(2),
				  Hawaii Revised Statutes, the alleged father is presumed to be the father of the
				  subject child pursuant to section
				  584-4(a)(5),
				  Hawaii Revised Statutes.
(f) A
				  party who has been excluded by genetic testing may have the paternity action
				  dismissed by the court and will not be responsible for the genetic testing
				  cost.
(g) A party has a right to
				  request a non-jury trial on the issue of paternity.
(h) Where paternity has been established
				  pursuant to admission or court order, a judgment of paternity is issued by the
				  court.
(i) Once paternity is
				  established and the parents and the child are residing together, no further
				  action will be taken.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 4 - ESTABLISHMENT OF SUPPORT › Section 5-31-22 - Establishment of child support orders

Current through June, 2024
(a) Child support
				  is addressed in conjunction with paternity establishment or through the
				  administrative process when paternity is not at issue.
(b) Within time frames prescribed by federal
				  regulation,
				  45 C.F.R. §
											303.4(d), the agency must
				  establish an order for child support, or complete service of process necessary
				  to establish an order, or document unsuccessful attempts to serve
				  process.
(c) If there is no
				  existing order and paternity is not at issue, the administrative process to
				  establish a child support order is initiated when appropriate information is
				  received. Information that is necessary to initiate order establishment are:
(1) Income information from the applicant if
				  the applicant is not receiving temporary assistance for needy families;
				  and
(2) A serviceable address for
				  both parties in the case.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 4 - ESTABLISHMENT OF SUPPORT › Section 5-31-23 - Guidelines for determining the amount of the child support obligation

Current through June, 2024
(a) The agency shall review the child support
				  guidelines mandated by section 57SD-7, Hawaii Revised Statutes, at least once
				  every four years. Recommendations on amendments to the child support guidelines
				  shall be communicated to the family court.
(b) Where the non-custodial parent is
				  incarcerated, a presumption of exceptional circumstance is created and the
				  agency may initiate administrative proceedings to set current child support at
				  zero.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 4 - ESTABLISHMENT OF SUPPORT › Section 5-31-24 - Modification of child support orders

Current through June, 2024
(a) If there is an
				  existing child support order, the administrative process to modify child
				  support is initiated when a request is received from one of the parties.
				  Information that is necessary to initiate order modification are:
(1) A written request specifying the reason
				  for the modification;
(2) Income
				  information from the requesting party if the requesting party is not receiving
				  temporary assistance for needy families; and
(3) A serviceable address for both parties in
				  the case.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 4 - ESTABLISHMENT OF SUPPORT › Section 5-31-25 - Review and adjustment for temporary assistance for needy families cases

Current through June, 2024
(a) The agency shall review and, if
				  appropriate, adjust the current child support order in accordance with the
				  guidelines for temporary assistance for needy family cases every three years
				  from the filed date of the most recent order or the date of the most recent
				  review, whichever is later.
(b) The
				  process described in section 5-31-24 is followed except that no written request
				  from a party is necessary.
Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 5 - ENFORCEMENT › Section 5-31-27 - Identifying arrearages and initiating enforcement

Current through June, 2024
(a) The
				  agency shall maintain a system for identifying title IV-D cases in which there
				  is a failure to make payments in accordance with the child support
				  order.
(b) Upon identifying
				  arrearages or receiving a request for enforcement from other states, the agency
				  shall proceed to take appropriate enforcement action to collect child support
				  as currently ordered, within timeframes prescribed by federal regulations,
				  45 C.F.R.
				  §303.6(c)(2) and
				  (3).
(c) Upon identifying arrearages in a title
				  IV-D case where the non-custodial parent resides in another state, the title
				  IV-D agency in the other state shall be requested to provide enforcement
				  services when appropriate. The request shall be made as prescribed by federal
				  regulation,
				  45 C.F.R.
				  §303.7(b).
(d) Information maintained in computerized
				  systems available to the agency shall be adequate basis to identify an obligor
				  as owing arrearages or to impose enforcement.