reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-53 - Subpoenas

Current through June, 2024
(a) The hearings officer, at the request of a
					 party, shall have the power to issue subpoenas requiring the attendance of
					 witnesses or the production of documents at the hearing. The hearings officer
					 may require that any request for the issuance of a subpoena identify with
					 particularity the person to be subpoenaed or the documents desired. Witnesses
					 summoned shall be paid the same fees and mileage as are paid witnesses in
					 courts in the State and the fees and mileage shall be paid by the party at
					 whose instance the subpoena issues.
(b) Upon motion timely made, or
sua sponte
, the hearings officer may:
(1) Quash or modify the subpoena if it is
					 unreasonable and oppressive; or
(2)
					 Condition denial of the motion upon advancement by the requesting party of the
					 costs of producing the documents.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-54 - Absence of hearings officer

Current through June, 2024
When a request for hearing has been assigned to a
						hearings officer for hearing or further proceedings, the powers and duties to
						be performed by the hearings officer in connection with the proceeding, without
						abatement of the proceeding, may be assigned to another hearings officer,
						provided no hearings officer shall render a written decision unless that
						hearings officer was present at opening and closing arguments and all
						presentations of evidence concerning those matters.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-55 - Disqualification of hearings officer

Current through June, 2024
(a) No matter shall
					 be heard by a hearings officer who:
(1) Has
					 any direct pecuniary interest in the matter being heard;
(2) Is related within the third degree by
					 blood or marriage to any party to the proceeding or any party's representative
					 or attorney;
(3) Has participated
					 in the investigation preceding the institution of the proceeding or has
					 participated in the development of the evidence to be introduced in the
					 proceeding; or
(4) Has a personal
					 bias or prejudice concerning a party or personal knowledge of disputed
					 evidentiary facts concerning the proceeding which will prevent a fair hearing
					 by the hearings officer.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-56 - Evidence

Current through June, 2024
(a) The admissibility of evidence at the
					 hearing shall be governed by the rules of evidence utilized by the circuit
					 courts of the State. The hearings officer shall give effect to the privileges
					 recognized at law.
(b) The hearings
					 officer may take notice of judicially recognizable facts and of generally
					 recognized technical or scientific facts. The parties, whenever possible, shall
					 be notified before the hearing of the material to be so noticed and shall be
					 afforded an-opportunity at the hearing to contest the facts so
					 noticed.
(c) Except as otherwise
					 provided by law, the burden of proof, including the burden of producing the
					 evidence and the burden of persuasion, shall be upon the party initiating the
					 proceeding. Proof of a matter shall be by a preponderance of the
					 evidence.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-57 - Decision, generally

Current through June, 2024
(a) Every decision
					 and order issued by the hearings officer shall be in writing or stated in the
					 record. Where the case has been contested and the decision is adverse to any
					 party, the decision shall be accompanied by separate findings of fact and
					 conclusions of law.
(b) The
					 hearings officer shall cause a certified copy of the decision and order
					 together with the findings of fact and conclusions of law to be transmitted by
					 hand or by certified or registered mail, return receipt requested, to each
					 party within a reasonable time.
(c)
					 In a contested case where notice of the hearing has been served by publication
					 and the party so served has failed to appear at the hearing, service of the
					 hearings officer's decision is complete upon transmission by registered or
					 certified mail, return receipt requested, to the party at the party's last
					 known address.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-58 - Ex parte communications

Current through June, 2024
(a) In any
					 proceeding before the hearings officer:
(1)
					 No person shall communicate privately on the merits of the case with the
					 hearings officer designated to hear and decide the matter unless specifically
					 provided for by law; and
(2) No
					 member of any other government agency who participates in the hearing as a
					 witness or counsel shall privately communicate on the merits of the case with
					 the hearings officer designated to hear and decide the matter, unless
					 specifically provided for by law.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-59 - Contents of a request for hearing

Current through June, 2024
Any person entitled to request an administrative hearing
						under this subchapter shall file a written request for hearing which shall
						state plainly and precisely the facts and circumstances of the person's
						grievance, the laws and rules involved, and the relief sought by the person
						requesting an administrative hearing.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-60 - Scheduling of hearings

Current through June, 2024
(a) Unless
					 otherwise provided by law, upon the filing of the request for hearing, and as
					 expeditiously as possible, the request for hearing shall be referred to a
					 hearings officer for hearing.
(b) A
					 hearing on a request for administrative hearing shall commence within
					 twenty-one calendar days from the receipt of the request for hearing.
(c) A hearing, once scheduled, may be
					 continued or rescheduled if agreed upon by all parties.
(d) If all of the parties to a hearing do not
					 agree to continue or reschedule a hearing, any party may file an appropriate
					 motion, and the hearing may only be continued or rescheduled for good
					 cause.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-61 - Notice of hearing

Current through June, 2024
(a) In all
					 proceedings for relief under this subchapter, the chief procurement officer or
					 the head of a purchasing agency shall be made a party to the proceedings and
					 shall be served accordingly.
(b)
					 Whenever possible, all parties shall be given written notice of the hearing at
					 least fifteen calendar days before the hearing. The notice shall include:
(1) The date, time, place, and nature of
					 hearing;
(2) The legal authority
					 under which the hearing is to be held;
(3) The particular sections of the statutes
					 and rules involved; and
(4) A short
					 and concise statement of the issues involved and the facts giving rise to the
					 request for hearing. Attachment of a copy of the request for hearing, to the
					 hearing notice, satisfies this requirement.
The notice shall further apprise each party of their
						right to retain legal counsel if so desired.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-62 - Response

Current through June, 2024
Before the hearing, each respondent shall file and serve
						upon each party and the hearings officer, a written response stating briefly
						therein facts, circumstances, laws, rules, or reasons in defense and shall
						further specifically admit or deny the allegations of the request for
						hearing.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-63 - Disclosure

Current through June, 2024
(a) Any party, by timely written demand filed
					 with the hearings officer, and served upon any other party, may request of any
					 other party to the proceeding, the full disclosure of:
(1) The identity of all witnesses to be
					 called by the party, including their addresses and phone numbers, if
					 known;
(2) The identity of all
					 persons, including their addresses and phone numbers, known by the party to
					 have material knowledge relevant to the proceeding; and
(3) All exhibits, including, but not limited
					 to, documents, photographs, and other tangible evidence to be introduced at the
					 hearing. The requesting party shall have the right to examine the exhibits and
					 make copies thereof.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-64 - Prehearing conference

Current through June, 2024
(a) The hearings
					 officer may order that a prehearing conference be conducted and attended by all
					 parties to the proceeding. The purpose of the prehearing conference shall be to
					 explore the underlying reasons for the hearing, and to simplify the issues. At
					 the prehearing conference, the hearings officer may require all parties to
					 disclose to the other parties the information which may be requested pursuant
					 to section 3-126-63.
(b) If no
					 prehearing conference is held, the hearings officer may require each party to
					 submit a statement disclosing and identifying all witnesses to be called at the
					 hearing, all exhibits to be used at the hearing, and other matters as shall
					 simplify the issues and facilitate the orderly progress of the hearing. A copy
					 of the statement shall be served upon all other parties to the
					 proceeding.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-65 - Testimony

Current through June, 2024
(a) A record shall be made of all oral
					 testimony taken at the hearing.
(b)
					 Testimony taken at the hearing may be electronically recorded and need not be
					 transcribed. Unless otherwise provided, the cost of the transcription of the
					 electronic recording of the testimony shall be paid by the requesting
					 party.
(c) Any party may request
					 that all of the testimony taken at the hearing be taken by a court reporter.
					 The request shall be made in writing, at least ten calendar days before the
					 date of the hearing and shall be within the sole discretion of the hearings
					 officer or the panel to grant or deny. The transcript of the proceeding shall
					 constitute the official record of the testimony taken at the hearing, and shall
					 remain in the possession of the hearings officer. The cost of the transcript
					 shall be paid for by the requesting party. If a party desires a copy of the
					 transcript, the requesting party shall pay the cost of a copy of that
					 transcript.
(d) The hearings
					 officer shall make the electronic recording of the testimony available to the
					 parties for use in preparing exceptions to or Statements in support of a
					 proposed decision or recommended order.
(e) If judicial review is requested, the
					 hearings officer shall transmit the electronic recording as part of the record
					 on appeal. If a party desires a copy of the electronic recording for their'
					 personal use, the requesting party shall pay the cost of a copy of that
					 electronic recording.
(f) Unless
					 the hearings officer has been notified in writing of a party's request for
					 judicial review within the time permitted for requesting the judicial review,
					 the hearings officer, after the time for requesting judicial review has passed,
					 may erase the electronically recorded testimony.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-66 - Record

Current through June, 2024
(a) The record shall consist of the
					 following:
(1) All pleadings, motions, and
					 intermediate rulings;
(2) All
					 evidence received or considered, including without limitation, oral testimony,
					 exhibits, and matters officially noted by the hearings officer;
(3) All offers of proof and rulings thereon;
					 and
(4) All proposed findings and
					 exceptions.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-67 - Dismissal of requests for hearings

Current through June, 2024
(a) A request for
					 hearing relief may be voluntarily dismissed by the person requesting the
					 hearing, without order of the hearings officer by:
(1) Filing a notice of dismissal at any time
					 before service of the request for hearing on the other parties; or
(2) Filing a stipulation of dismissal signed
					 by all parties who have been served with the request for hearing or who
					 appeared in the action.
Unless otherwise stated in the notice of dismissal or
						stipulation, the dismissal shall be without prejudice, except that a notice of
						dismissal shall operate as an adjudication upon the merits when filed by a
						person who has once dismissed a request for hearing based on or including the
						same claim before the hearings officer.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-68 - Hearings

Current through June, 2024
(a) All hearings shall be formal, and
					 chapters
					 91 and
					 92, HRS, shall apply to the extent
					 practicable.
(b) No persons other
					 than the hearings officer, the person requesting the hearing, representatives
					 of the concerned state agency, legal counsel, witnesses, and persons called by
					 the hearings officer to assist the hearings officer in reviewing a request for
					 hearing, shall be present during any hearing or other proceedings conducted by
					 the hearings officer, except with the permission of the hearings
					 officer.
(c) All hearings shall be
					 heard before a duly designated hearings officer. All parties shall be afforded
					 full opportunity to present evidence and argument on all issues involved. The
					 hearing shall be at the time and place set forth in the notice of hearing, but
					 at that time and place may be continued from day to day or adjourned to a later
					 day or to a different place without notice other than the announcement thereof
					 at the hearing.
(d) If there is no
					 dispute as to the facts involved in a particular matter, the hearings officer
					 may permit the parties to proceed by memoranda of law in lieu of a hearing
					 unless the procedure would unduly burden any party or is otherwise not
					 conducive to the ends of justice.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-69 - Procedure at hearing

Current through June, 2024
Unless otherwise stipulated by the parties, which
						stipulation is approved by the hearings officer, all hearings shall proceed as
						follows:
(1) The parties shall have
					 the opportunity to make opening statements before any evidence is presented,
					 unless they waive the opportunity. The opening statement shall be heard in the
					 following order:
(A) Opening statement by the
					 party initiating the proceedings; and
(B) Respondent's opening statement, unless
					 respondent chooses to reserve same until after presentation of evidence by the
					 party initiating the proceedings;
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-70 - Motion to dismiss

Current through June, 2024
(a) After all
					 evidence has been presented by the party initiating the proceedings in support
					 of the underlying request for hearing, the respondent may move the hearings
					 officer for an order denying or dismissing the claim or for similar affirmative
					 relief.
(b) If the motion is denied
					 or taken under advisement, respondent shall have the right to continue with the
					 proceeding as fully as if the motion had not been made.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-71 - Taking of further evidence

Current through June, 2024
At any time before the filing of the hearings officer's
						final decision, the hearings officer
sua
sponte
, or upon motion for good cause shown, may
						reopen a hearing for the purpose of taking further evidence, and shall do so in
						writing with a statement of reasons therefor. The reopening of a hearing shall
						be at the sole discretion of the hearings officer. Further evidence may be
						taken either through oral hearing or by certification of questions to the
						parties.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-72 - Proposed findings of fact and conclusions of law

Current through June, 2024
(a)
					 No party shall file written proposed findings of fact and conclusions of law
					 except where ordered in the discretion of the hearings officer.
(b) Where, ordered, written proposed findings
					 of fact and conclusions of law shall be filed within fifteen days after the
					 close of the hearing, and shall contain specific references to the record and
					 the legal authorities relied upon.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-73 - Hearings officer's decision

Current through June, 2024
As expeditiously as possible after the close of the
						hearing, the hearings officer shall issue a final decision and order together
						with separate findings of fact and conclusions of law. All findings of fact,
						conclusions of law, final decisions, and orders issued by the hearings officer
						shall be based upon the whole record and supported by reliable probative and
						substantial evidence, including facts of which the hearings officer properly
						took judicial notice.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 5 - ADMINISTRATIVE PROCEEDING FOR REVIEW › Section 3-126-74 - Service of hearings officer's decision

Current through June, 2024
The hearings officer shall cause a copy of the hearings
						officer's decision, including therein findings of fact and conclusions of law,
						to be served upon each party by personal service or by registered or certified
						mail, return receipt requested. Service of the hearings officer's decision
						shall be deemed complete upon its mailing to the party's last known
						address.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 126 - LEGAL AND CONTRACTUAL REMEDIES › Subchapter 6 - JUDICIAL REVIEW › Section 3-126-78 - Judicial review of contested cases

Current through June, 2024
(a) Requests for
					 judicial review under section
					 103D-710, HRS,
					 shall be filed in the circuit court within ten calendar days after the issuance
					 of the written decision.
(b) Any
					 party requesting judicial review shall immediately serve a copy of the
					 application for judicial review upon the hearings officer or review officer, as
					 applicable, and all other parties to the proceeding.
(c) Within twenty calendar days after the
					 filing of a request for judicial review, the hearings officer shall transmit
					 the record of the administrative proceedings, including the electronic
					 recording of the hearing, to the circuit court. A written transcript of the
					 electronic recording of the hearing shall not be required -to be submitted as
					 part of the record on appeal, unless specifically requested and paid for by a
					 party to the appeal.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 128 - GOVERNMENTAL RELATIONS AND COOPERATIVE PURCHASING › Section 3-128-2 - Cooperative purchasing subject to chapter 103D, HRS

Current through June, 2024
(a)
				  Prior written approval of the chief procurement officer is required before
				  entering into a cooperative purchasing agreement.
(b) Procurement by cooperative purchasing
				  agreements shall be conducted in compliance with the requirements of chapter
				  103D, HRS, and title 3, subtitle 11,
				  except when the cooperative agreement is initiated by an external procurement
				  unit; provided:
(1) The public procurement
				  unit complies with the public notice requirements of section 3-128-4;
				  and
(2) The external procurement
				  unit complies with its respective public notice requirements and includes the
				  public procurement unit in its notice and solicitation as a participating
				  entity.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 128 - GOVERNMENTAL RELATIONS AND COOPERATIVE PURCHASING › Section 3-128-3 - Cooperative purchasing agreements between procurement units

Current through June, 2024
All cooperative purchasing agreements shall provide
					 that:
(1) A procurement unit shall be
				  designated as lead agency for the procurement;
(2) An order for any good or service shall be
				  placed on an as needed basis by the participating procurement units in
				  accordance with the terms and conditions of the agreement;
(3) Payment for any good or service shall be
				  the exclusive responsibility of the procurement unit which placed the
				  order;
(4) Inspection and
				  acceptance of any good or service shall be the exclusive obligation of the
				  procurement unit which placed the order;
(5) The lead agency for the procurement may
				  terminate the cooperative agreement with a procurement unit for failure of that
				  unit to comply with the terms of the contract;
(6) The exercise of any warranty rights
				  attached to any good or service obtained through a purchase order shall be the
				  exclusive right of the procurement unit which placed the order; and
(7) Failure of a procurement unit that is
				  procuring the good or service from a cooperative agreement contract to secure
				  performance from the contractor pursuant to its terms and conditions, may not
				  necessarily preclude the remaining procurement units from obtaining goods and
				  services from the cooperative agreement contract.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 128 - GOVERNMENTAL RELATIONS AND COOPERATIVE PURCHASING › Section 3-128-4 - Public notice of cooperative purchasing agreements between public procurement units and external procurement activities

Current through June, 2024
Any public procurement unit intending to participate in an
					 external procurement unit's cooperative purchasing agreement, shall place a
					 public notice within the State pursuant to section
					 3-122-16.03, of the external
					 procurement unit's solicitation. The notice shall also include a statement of
					 the public procurement unit's intent to participate in such cooperative
					 purchasing agreement.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 128 - GOVERNMENTAL RELATIONS AND COOPERATIVE PURCHASING › Section 3-128-5 - Cooperative purchasing agreements between chief procurement officers and nonprofit private procurement units

Current through June, 2024
(a) A chief
				  procurement officer may enter into a cooperative purchasing agreement with a
				  nonprofit private procurement unit if:
(1)
				  The nonprofit private procurement unit is under a purchase of services contract
				  with the State, pursuant to chapter
				  103F, HRS; and
(2) The nonprofit private procurement unit
				  submits an application to enter into a cooperative purchasing agreement and
				  receives approval from the chief procurement officer. An agreement form shall
				  be developed by the chief procurement officer for this purpose.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 128 - GOVERNMENTAL RELATIONS AND COOPERATIVE PURCHASING › Section 3-128-6 - Supply of personnel, information, and technical services

Current through June, 2024
Requests to one public procurement unit by another public
					 procurement unit, or an external procurement activity to provide or make
					 available personnel, services, information, or technical services pursuant to
					 section
					 103D-806,
					 HRS, shall be complied with only to the extent that the chief procurement
					 officer determines that it is practicable to do so.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 128 - GOVERNMENTAL RELATIONS AND COOPERATIVE PURCHASING › Section 3-128-7 - Procurement of goods produced or services performed by governmental institutions

Current through June, 2024
Goods or services provided by correctional industries or
					 other governmental institutions may be obtained by governmental agencies
					 without public solicitation.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 128 - GOVERNMENTAL RELATIONS AND COOPERATIVE PURCHASING › Section 3-128-8 - Compliance with federal requirement

Current through June, 2024
Any procurement which involves the expenditure of federal
					 assistance or contract monies shall comply with this chapter and applicable
					 federal law and regulations.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 129 - SURPLUS PROPERTY › Section 3-129-1 - Purpose

Current through June, 2024
(a) To promote the donation of federal
				  surplus personal property to the State and local organizations for public
				  purposes and other purposes in accordance to Public Law 94-519 and Hawaii state
				  plan of operation in accordance with part XI, chapter
				  103D, HRS.
(b) State surplus personal property acquired
				  through the state surplus property office must be used by the public agency to
				  carry out or to promote for the residents of a given political area one or more
				  public purposes in accordance with part XI, chapter
				  103D, HRS.
(c) This chapter
				  129, subtitle 11 of title 3, Hawaii
				  Administrative Rules, replaces rescinded interim rules previously adopted on
				  6/9/01 (file no. 2362) and 11/15/01 (file no. 2398).
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 129 - SURPLUS PROPERTY › Section 3-129-2 - Definitions

Current through June, 2024
As used in this chapter:
"Donee" means a service educational activity; a state,
					 political subdivision, municipality, or tax-supported institution acting on
					 behalf of a public airport; a public agency using surplus personal property in
					 carrying out or promoting for the residents of a given political area one or
					 more public purposes, such as conservation, economic development, education,
					 parks and recreation, public health, and public safety; an eligible nonprofit
					 tax-exempt educational or public health institution or organization; the
					 American National Red Cross; a public body; a charitable institution; or any
					 state or local government agency, and any nonprofit organization or
					 institution, which receives funds appropriated for programs for older
					 individuals under the Older Americans Act of 1965, as amended, under Title IV
					 or Title XX of the Social Security Act, or under Titles VIII and X of the
					 Economic Opportunity Act of 1964 and the Community Services Block Grant
					 Act.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 129 - SURPLUS PROPERTY › Section 3-129-3 - State agency for surplus property

Current through June, 2024
The surplus property supervisor, hereafter referred to as
					 the surplus property director of the state procurement office is designated to
					 administer a statewide plan of operation for a fair and equitable distribution
					 of surplus property in conformity with Section 203 (j) of the Federal Property
					 and administrative Services Act of 1949, as amended, and chapter
					 103D-1102, HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 129 - SURPLUS PROPERTY › Section 3-129-4 - Donee certification and agreements

Current through June, 2024
(a) To be eligible
				  for surplus property a donee certifies that:
(1) It is a public agency or a nonprofit
				  institution or organization exempt from taxation under section 501 of the
				  Internal Revenue Code of 1954 within the meaning of Section 203 (j) of the
				  Federal Property and Administrative Services Act of 1949, as amended, and
				  regulations of the administrator of General Services Administration;
(2) If a public agency, the property is
				  needed and will be used by the recipient for carrying out or promoting for the
				  residents of a given political area one or more public purposes, or, if a
				  nonprofit, tax-exempt institution or organization, the property is needed for
				  and will be used by the recipient for educational or public health purposes,
				  including research for such purpose, or for programs for older
				  individuals;
(3) The property is
				  not being acquired for any other use or purpose, or for sale or other
				  distribution, or for permanent use outside the State, except with prior
				  approval of the state agency;
(4)
				  Funds are available to pay all costs and charges incident to donation;
				  and
(5) They shall be subject to
				  the nondiscrimination regulations governing the donation of surplus personal
				  property issued under Title VI of the Civil Rights Act of 1964, Section 606 of
				  Title VI of the Federal Property and Administrative Services Act of 1949, as
				  amended, Section 504 of the Rehabilitation Act of 1973, as amended, Title IX of
				  the Education Amendments of 1972, as amended and Section 3 03 of the Age
				  Discrimination Act of 1975.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 129 - SURPLUS PROPERTY › Section 3-129-5 - Authority for transfer

Current through June, 2024
(a) The surplus
				  property director shall determine donee eligibility for the acquisition of
				  federal or state surplus property. Eligibility for both state and federal
				  surplus property shall be the same.
(b) Donee compliance for federal property
				  shall be in accordance with the state plan and federal law. Donee compliance
				  for state property shall be determined by the surplus property
				  director.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 129 - SURPLUS PROPERTY › Section 3-129-6 - Transfer charges

Current through June, 2024
(a) At the time
				  property is received at the state agency's warehouse, service charges are
				  established based on the following factors:
(1) Item acquisition cost or fair
				  value;
(2) Type, condition,
				  quantity, and proposed use of property;
(3) Screening and transportation;
(4) Warehousing, handling, and
				  crating;
(5) Personnel,
				  administration, and accounting;
(6)
				  Utilities and telephone;
(7)
				  Maintenance, fuels, and lubricants;
(8) Compliance, surveys, correspondence, and
				  records;
(9) Operating reserve;
				  and
(10) Printing.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 130 - INVENTORY MANAGEMENT › Section 3-130-1 - Purpose

Current through June, 2024
(a) The purpose of these rules is to
				  implement the requirements of section
				  103D-1202, HRS, and
				  prescribe procedures governing the management, control, and disposal of
				  property owned by the State, including state property accounted for by the
				  several counties, and reported to the administrator of the state procurement
				  office.
(b) This chapter 130,
				  subtitle 11 of title 3, Hawaii Administrative Rules, replaces rescinded interim
				  rules previously adopted on 10/30/2014 (file no. 3123).
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 130 - INVENTORY MANAGEMENT › Section 3-130-3 - Accountability

Current through June, 2024
The head of the department, or the head of any board,
					 commission, agency, bureau, or office of the State, shall be responsible for
					 the accountability of all state property in the possession, custody, control,
					 or use of the unit or jurisdiction, including the several counties, over which
					 the head presides. The head may designate specific individuals or positions to
					 be personally responsible for the property within their jurisdiction. The
					 assignment of responsibilities does not relieve the head of the overall
					 accountability responsibility.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 130 - INVENTORY MANAGEMENT › Section 3-130-4 - Internal control

Current through June, 2024
(a) The designated
				  property custodian shall establish, maintain, and enforce written internal
				  control procedures to ensure accountability for all state property in their
				  possession, custody, control, or use.
(b) The purpose of the written internal
				  control procedures is to ensure that all employees are aware of the proper
				  handling of state property.
(c)
				  "Internal control procedures" shall include and address the following:
(1) Assigning of responsibility which
				  includes providing the names and positions of personnel responsible for custody
				  of property at each location;
(2)
				  Recordkeeping of property which includes accounting for all acquired state
				  property; conducting of physical inventory; updating the master inventory
				  listing; maintaining an accurate audit trail; and conducting internal
				  audits;
(3) Proper usage of
				  property which includes assuring property is used by authorized personnel and
				  only for official state purposes; and training personnel on the proper use of
				  vehicles and equipment;
(4)
				  Safekeeping of property which includes affixing of property identification or
				  decal; documentation for authorized loan, movement from location, and transfer
				  to another agency; guidelines pertaining to property declared excess, surplus,
				  obsolete, beyond economical repair, lost, or stolen; and guidelines for sale of
				  property;
(5) Safeguards for
				  property which includes procedures for security of property during and after
				  working hours; special care of items that are of a sensitive or theft prone
				  nature; investigating and reporting of thefts, or vandalism; and appointment of
				  key or lock custodian; and
(6) Care
				  and maintenance of property which includes a preventive maintenance schedule;
				  management of warranty file; repair of broken property; and guidelines for
				  damaged or destroyed property.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 130 - INVENTORY MANAGEMENT › Section 3-130-5 - Property inventory record file

Current through June, 2024
(a) Each chief
				  procurement officer for their respective jurisdiction shall establish, manage,
				  and maintain a centralized property inventory record file for all equipment,
				  real property, weapon, and controlled items of state property in the
				  possession, custody, control, or use of the jurisdiction over which the officer
				  presides.
(b) The file shall
				  consist of the following information for each property:
(1) Office or agency having the
				  responsibility of accountability of the property;
(2) Physical location of property;
(3) Type of property, which includes land,
				  land improvements, buildings, building improvements, infrastructures, vehicles,
				  equipment, weapons, works of art, historical treasures, and controlled
				  items;
(4) Description of property,
				  which includes land tax map key, and executive order number, and for vehicle or
				  equipment the manufacture, model, and serial number;
(5) Date of acquisition;
(6) Acquisition cost of property;
				  and
(7) State identification
				  number.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 130 - INVENTORY MANAGEMENT › Section 3-130-6 - Physical inventory

Current through June, 2024
(a) Each designated
				  property custodian or governmental unit shall conduct an annual inventory, to
				  be verified by physical count of all state property in their possession,
				  custody, control, or use.
(b) If
				  there is a change in the designated property custodian, the head of the
				  department, or the head of any board, commission, agency, bureau, or office of
				  the State or the custodial department's fiscal office shall take action to have
				  a physical inventory taken at that time.
(c) Immediately upon the completion or
				  termination of any agency or property account, for whatever reason, a complete
				  physical inventory shall be taken pursuant to the direction of the head of the
				  department, or the head of any board, commission, agency, bureau, or office of
				  the State or the custodial department's fiscal office.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 130 - INVENTORY MANAGEMENT › Section 3-130-7 - Annual inventory reporting

Current through June, 2024
The chief procurement officers, the administrative heads
					 of the executive departments, and all other persons, offices, and boards of a
					 public character that are not by law under the control and direction of any of
					 the officers specifically named in this section shall prepare and file with the
					 administrator of the state procurement office an annual inventory return of
					 state property in their possession, custody, or control. The annual inventory
					 return shall be filed before September 16 of each year. The annual inventory
					 return shall contain information in accordance with section
					 103D-1206,
					 HRS.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 130 - INVENTORY MANAGEMENT › Section 3-130-8 - Lost, stolen, or damaged property

Current through June, 2024
(a) The theft of
				  state property shall be immediately reported to the appropriate law enforcement
				  agency.
(b) All lost, stolen, or
				  damaged equipment shall be reported by the state governmental unit within ten
				  days after discovery of the loss to the designated property
				  custodian.
(c) The designated
				  property custodian shall conduct an investigation of the incident and initiate
				  the appropriate action to prevent future loss.
(d) The designated property custodian shall
				  submit a disposal application to the head of the department, or the head of any
				  board, commission, agency, bureau, or office of the State in accordance with
				  section 3-130-11(c).
(e) Any such equipment deleted from the
				  inventory that is subsequently located shall be added back to the inventory.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 130 - INVENTORY MANAGEMENT › Section 3-130-9 - Excess state property

Current through June, 2024
(a) To obtain
				  maximum utilization and to minimize the procurement of new items, each state
				  department or agency shall be responsible for making excess state property
				  available and facilitate the transfer of the property to other state
				  departments or agencies, excluding weapons, works of art, historical treasures,
				  patents, inventions, and copyrights, and real property.
(b) Each state department or agency shall to
				  the maximum extent practicable, fulfill its requirements for property by
				  obtaining excess property from other state departments or agencies instead of
				  initiating a new procurement.
(c)
				  Agencies receiving or transferring excess property shall establish controls
				  over the processing of transfer documents and shall establish and maintain an
				  adequate system of property accountability.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 130 - INVENTORY MANAGEMENT › Section 3-130-10 - Disposal and restrictions relating to state property

Current through June, 2024
(a)
				  No state property shall be sold, traded, destroyed, or otherwise disposed of,
				  except in accordance with the following rules:
(1) Land and interest in land owned by the
				  State.
(A) Approval for disposal shall be
				  obtained from the department of land and natural resources; and
(B) A copy of the approval, together with the
				  disposal application, shall be submitted to the head of the department, or the
				  head of any board, commission, agency, bureau, or office of the
				  State.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 130 - INVENTORY MANAGEMENT › Section 3-130-11 - Disposal application

Current through June, 2024
(a) Disposal
				  applications shall be submitted to the head of the department, or the head of
				  any board, commission, agency, bureau, or office of the State for approval, and
				  if the application has been approved:
(1) The
				  original shall be retained by the head of the department, or the head of any
				  board, commission, agency, bureau, or office of the State; and
(2) Two copies shall be returned to the
				  applying department's fiscal office, which in turn shall keep one copy and
				  forward the other copy to the applying agency.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › State Procurement Office › Hawaii Public Procurement Code › Chapter 130 - INVENTORY MANAGEMENT › Section 3-130-12 - Exceptions

Current through June, 2024
If any requirement of this chapter results in undue
					 hardship for the agency, the head of the department, or the head of any board,
					 commission, agency, bureau, or office of the State may grant, in writing, an
					 exception to that requirement if the head of the department, or the head of any
					 board, commission, agency, bureau, or office of the State determines such
					 action to be in the best interest of the State. Each exception granted by the
					 head of the department, or the head of any board, commission, agency, bureau,
					 or office of the State shall be by written determination approved by the
					 administrator of the state procurement office.