reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 5 - STATE ETHICS COMMISSION INVESTIGATIONS, CHARGES, CONTESTED CASES, AND SETTLEMENT AGREEMENTS › Section 21-5-7 - Contested hearings; procedures

Current through June, 2024
(a) The commission
			 may conduct the hearing or, in its discretion, may delegate the conduct of the
			 contested hearing to a hearing officer, in which case the commission shall select
			 such hearing officer.
(b) The
			 presiding officer shall convene and conduct the hearing.
(c) Before presentation of the case, the
			 parties shall have the opportunity to make opening statements, provided that the
			 presiding officer may order that opening statements be made in writing rather
			 than orally at the hearing. Reasonable time limits may be imposed by the
			 presiding officer for the opening statements. The usual order of making opening
			 statements shall be as follows:
(1) Opening
			 statement by the executive director or complainant; and
(2) Opening statement by the respondent. The
			 respondent may reserve the opportunity to make the opening statement until after
			 the executive director or complainant has presented its case. Opening statements
			 may be waived by a party.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 5 - STATE ETHICS COMMISSION INVESTIGATIONS, CHARGES, CONTESTED CASES, AND SETTLEMENT AGREEMENTS › Section 21-5-7.1 - Rules of evidence

Current through June, 2024
Any oral or documentary evidence that is relevant and material to
				the charge may be admitted, provided that the commission's findings must be based
				upon competent and substantial evidence in accordance with section
				84-31(c),
				HRS, Effect shall be given to the rules of privilege recognized by law. The
				presiding officer may take notice of judicially recognizable
				facts.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 5 - STATE ETHICS COMMISSION INVESTIGATIONS, CHARGES, CONTESTED CASES, AND SETTLEMENT AGREEMENTS › Section 21-5-8 - Pre-hearing conference

Current through June, 2024
(a) When a
			 pre-hearing conference is held by the presiding officer, except as and to the
			 extent otherwise ordered:
(1) Each party shall
			 file a prehearing conference brief in which it discloses the theory of that
			 party's case, including the basic facts each party intends to prove and the names
			 and addresses of all witnesses which each party intends to call;
(2) Each party shall disclose to all others and
			 permit examination of all exhibits which are in that party's possession or under
			 that party's control and which that party intends to offer in evidence at the
			 hearing. Undisclosed exhibits shall not be received in evidence at the hearing
			 over objection unless the presiding officer finds that there was reasonable
			 ground for failing to disclose such exhibits prior to hearing;
(3) All exhibits required to be disclosed by
			 subsection (a)(2), and any other exhibits as may be requested by counsel
			 presenting the same, shall be marked for identification at least five days prior
			 to the hearing,
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 5 - STATE ETHICS COMMISSION INVESTIGATIONS, CHARGES, CONTESTED CASES, AND SETTLEMENT AGREEMENTS › Section 21-5-9 - Post-hearing procedures for hearing conducted by the commission

Current through June, 2024
(a) The commission may direct one or both
			 parties to submit proposed findings of fact and conclusions of law. The
			 commission shall determine the findings of fact and conclusions of law to be
			 entered.
(b) Every decision of the
			 commission rendered after hearing shall be in writing and shall be accompanied by
			 separate findings of fact and conclusions of law.
(c) Any commissioner may file a written
			 concurring or dissenting statement.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 5 - STATE ETHICS COMMISSION INVESTIGATIONS, CHARGES, CONTESTED CASES, AND SETTLEMENT AGREEMENTS › Section 21-5-9.1 - Post-hearing procedures for hearing conducted by hearing officer

Current through June, 2024
(a) Upon completion of the taking of evidence,
			 the hearing officer may ask the parties to submit proposed findings of fact and
			 conclusions of law. The hearing officer shall thereafter prepare proposed
			 findings of fact, proposed conclusions of law, and a recommended order.
(b) The hearing officer shall cause a copy of
			 the proposed findings of fact, proposed conclusions of law, and recommended order
			 to be served upon all parties to the proceeding,
(c) Except as otherwise ordered by the
			 commission, within fourteen days after service of the proposed findings of fact,
			 proposed conclusions of law, and recommended order by the hearing officer, a
			 party may file with the commission exceptions to the proposed findings of fact,
			 proposed conclusions of law, and recommended order together with a brief in
			 support of such exceptions. Such party shall serve copies of exceptions and
			 briefs upon each party to the proceeding.
(d) The exceptions shall;
(1) Set forth specifically the questions of
			 procedure, fad, law, or policy to which exceptions arc taken;
(2) Identify the proposed findings of fact,
			 proposed conclusions of law, or portions of the recommended order to which
			 objections are made; and
(3) State
			 all the grounds for exceptions to a ruling, finding, conclusion, or
			 recommendation. The grounds not cited or specifically urged are
			 waived.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 5 - STATE ETHICS COMMISSION INVESTIGATIONS, CHARGES, CONTESTED CASES, AND SETTLEMENT AGREEMENTS › Section 21-5-10 - Record of hearing

Current through June, 2024
(a) The record of the hearing shall be compiled
			 in conformance with section
			 91-9,
			 HRS. The commission shall make provisions for an audio, video, or stenographic
			 recording of the testimony, or some combination thereof, but it need not be
			 transcribed unless requested for purposes of rehearing or court review.
(b) Any person, prior to any request for
			 judicial review, may request that the commission cause a transcript of the
			 testimony to be prepared, provided that the requesting person shall be
			 responsible for the cost of preparing the transcript.
(c) If judicial review is requested, the
			 commission shall cause a transcript of the hearing to be prepared as part of the
			 record on appeal. Any person seeking a copy of that transcript may request one
			 from the commission pursuant to chapter
			 92F, HRS.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 5 - STATE ETHICS COMMISSION INVESTIGATIONS, CHARGES, CONTESTED CASES, AND SETTLEMENT AGREEMENTS › Section 21-5-11 - Post-hearing complaint

Current through June, 2024
After the commission has issued a written decision, it shall
				determine whether sufficient cause exists to issue a posthearing complaint and,
				if so, shall issue such complaint pursuant to section
				84-32, HRS within thirty
				days of issuance of such written decision.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 5 - STATE ETHICS COMMISSION INVESTIGATIONS, CHARGES, CONTESTED CASES, AND SETTLEMENT AGREEMENTS › Section 21-5-12 - Settlement

Current through June, 2024
(a) The commission may resolve a matter at any
			 time pursuant to a settlement agreement deemed to be fair and in the public
			 interest.
(b) Settlement procedure:
(1) The executive director may negotiate a
			 tentative settlement agreement with any alleged violator, subject to the
			 commission's approval. At any time, the executive director may, with the consent
			 of the alleged violator, present the matter to the commission to obtain its
			 inclination regarding proposed terms of an agreement;
(2) Upon request, the alleged violator shall be
			 provided an opportunity to address the commission as to the proposed terms of an
			 agreement;
(3) Upon approval of the
			 settlement agreement, the alleged violator and the chairperson, or another
			 commissioner so authorized by a majority of the commission, shall sign the
			 agreement; and
(4) The commission may
			 issue a resolution that serves as a final disposition of the
			 matter.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 6 - STATE ETHICS COMMISSION PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF RULES AND FOR DECLARATORY ORDERS › Section 21-6-2 - Form and content of petition for rulemaking

Current through June, 2024
The petition need not be in any special form, but it shall
				contain:
(1) The petitioner's name,
			 address, electronic mail address, and telephone number, if any;
(2) A statement of the nature of the
			 petitioner's interest;
(3) A draft or
			 statement of the substance of the proposed rule or amendment or a designation of
			 the provisions sought to be repealed, or both;
(4) A statement of the reasons in support of
			 the proposed rule, amendment, or repeal;
(5) Any other information relevant to the
			 petition; and signature.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 6 - STATE ETHICS COMMISSION PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF RULES AND FOR DECLARATORY ORDERS › Section 21-6-4 - Processing of petition for rulemaking

Current through June, 2024
The petition shall be dated upon receipt. The commission shall
				notify the petitioner of the date, time, and place where the commission shall
				consider the petition, the petitioner's privilege of personal appearance with or
				without counsel, and the privilege of presenting evidence and argument in support
				of the petition.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 6 - STATE ETHICS COMMISSION PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF RULES AND FOR DECLARATORY ORDERS › Section 21-6-5 - Consideration and disposition of petition for rulemaking

Current through June, 2024
Within ninety days after the receipt thereof, the commission
				shall either deny the petition in writing, stating its reasons for denial, or
				initiate proceedings in accordance with law for adoption, amendment, or repeal of
				the rule, as the case may be.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 6 - STATE ETHICS COMMISSION PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF RULES AND FOR DECLARATORY ORDERS › Section 21-6-6 - Who may petition for declaratory order

Current through June, 2024
Any interested person may petition the commission for a
				declaratory order as to the applicability of any statutory provision or of any
				rule or order of the commission.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 6 - STATE ETHICS COMMISSION PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF RULES AND FOR DECLARATORY ORDERS › Section 21-6-6.1 - Form and content of petition for declaratory order

Current through June, 2024
The petition shall be submitted in writing to the commission. The
				petition shall slate the controversy or question, cite the statutory provision,
				rule, or order involved, include a complete statement of the facts and the
				reasons or grounds prompting the petition, together with full disclosure of the
				petitioner's interest, and be signed by the petitioner.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 6 - STATE ETHICS COMMISSION PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF RULES AND FOR DECLARATORY ORDERS › Section 21-6-7 - Processing of petition for declaratory order

Current through June, 2024
The petition shall be dated upon receipt. The commission shall
				notify the petitioner of the date, lime, and place where the commission shall
				consider the petition, the petitioner's privilege of personal appearance with or
				without counsel, and the privilege of presenting evidence and argument in support
				of the petition. Within a reasonable lime after the receipt of the petition, the
				commission shall render its order in writing.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 6 - STATE ETHICS COMMISSION PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF RULES AND FOR DECLARATORY ORDERS › Section 21-6-8.5 - Consideration and disposition of petition for declaratory order

Current through June, 2024
(a) The
			 commission may, for good cause, refuse to issue a declaratory order. Without
			 limiting the generality of the foregoing, the commission may so refuse where:
(1) The question is speculative or purely
			 hypothetical and does not involve existing facts or facts which can reasonably be
			 expected to exist in the near future;
(2) The issuance of the declaratory order may
			 adversely affect the interests of the commission or any of its officers or
			 employees in litigation which is pending or may reasonably be expected to
			 arise;
(3) The matter is not within
			 the jurisdiction of the commission; or
(4) Any other good cause exists.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 7 - HAWAII STATE ETHICS COMMISSION GIFTS AND FAIR TREATMENT › Section 21-7-1 - Definitions

Current through June, 2024
As used in this chapter, unless the context clearly requires
				otherwise:
"Charitable organization" means an entity organized under section
				501(c)(3) of the Internal Revenue Code.
"Gift" means anything of value and includes, but is not limited
				to, money, gift cards, food, services, loans, travel, lodging, training,
				entertainment, hospitality, things, gratuities, favors, or discounts.
"State purpose" means reasonably related to conducting one's
				official state duties,
"State resources" means state lime, equipment, facilities, money,
				electronic mail, letterhead and other assets and resources, including stale
				personnel.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 7 - HAWAII STATE ETHICS COMMISSION GIFTS AND FAIR TREATMENT › Section 21-7-2 - Prohibited gifts

Current through June, 2024
(a) An employee or legislator shall not
			 solicit, accept, or receive any gift, directly or indirectly, if a reasonable
			 person may conclude that the gift is being given to influence or reward the
			 recipient for the performance or nonperformance of the recipient's state
			 duties.
(b) In determining whether a
			 gift is prohibited, the commission shall examine the circumstances surrounding
			 the offer of the gift and consider;
(1) The
			 donor's relationship to the recipient. Except as specifically provided in this
			 chapter, a gift is generally prohibited where the recipient is in a position to
			 take official action specifically affecting the donor, such as where the donor is
			 a party to a contested case hearing before the recipient, regulated by the
			 recipient or the recipient's agency, involved in procurement with the recipient
			 or the recipient's agency, or a lobbyist seeking legislative or administrative
			 action from the recipient or the recipient's agency;
(2) The value of the gift. Generally, the
			 higher the value of the gift, the more likely the gift is prohibited;
			 and
(3) Whether the gift supports a
			 state purpose. Generally, cash, gift cards, and complimentary admission to events
			 or venues that are primarily intended as entertainment, such as concerts, movies,
			 sporting events, or golf tournaments, do not serve any state purpose and are more
			 likely to be prohibited.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 7 - HAWAII STATE ETHICS COMMISSION GIFTS AND FAIR TREATMENT › Section 21-7-3 - Acceptable items

Current through June, 2024
(a) The following items generally may be
			 accepted and need not be reported on a gifts disclosure statement:
(1) A lei, other than a money lei, offered in
			 connection with a celebration, commemoration, or event;
(2) Discounts, services, or other benefits
			 offered to the public at large. This may include discounts, services, or other
			 benefits offered to government employees as a group, provided that the same
			 discounts, services, or other benefits are offered on similar terms to other
			 large groups of employees;
(3) Bona
			 fide competitively awarded grants or scholarships;
(4) Promotional items having no resale value,
			 such as branded pens, calendars, hats, or tote bags;
(5) Rewards or prizes given to competitors in
			 contests or events, including random drawings, offered to the public or a segment
			 thereof, where the legislator or employee receiving the reward or prize docs not
			 attend the contest or event in an official capacity, unless a reasonable person
			 would conclude that the reward or prize was offered to the legislator or employee
			 because of the legislator's or employee's state position;
(6) A gift provided by any other state, a
			 political subdivision of any other state, or the United States, provided that the
			 gift serves a bona fide state purpose and that tangible and durable items of more
			 than nominal value, such as artwork or jewelry, shall belong to the State rather
			 than the individual recipient;
(7)
			 Modestly priced awards, plaques, and other ceremonial items of the type
			 customarily bestowed in connection with bona fide ceremonies and otherwise
			 reasonable under the circumstances;
(8) Gifts received by a spouse or dependent
			 child of the legislator or employee solely because of the spouse's or child's own
			 employment, volunteer activities, or personal relationships, where a reasonable
			 person would not believe that the gift was intended to influence or reward the
			 legislator or employee; and
(9) An
			 unsolicited gift of nominal value given as a token of appreciation to a teacher,
			 medical professional, or similar kind of service provider, such as a holiday gift
			 given to a teacher by a student or guardian, where the gift is offered by an
			 individual in the individual's personal capacity, and the gift is given under
			 circumstances in which no reasonable person would conclude that the gift was
			 given to influence the recipient's state duties with respect to the
			 offeror.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 7 - HAWAII STATE ETHICS COMMISSION GIFTS AND FAIR TREATMENT › Section 21-7-4 - Invitations to events; protocol purposes

Current through June, 2024
(a) An individual who
			 represents the Slate for protocol purposes, such as the Governor, Lieutenant
			 Governor, legislator, President of the University of Hawaii, department director
			 or deputy director, or trustee or administrator of the Office of Hawaiian
			 Affairs, may generally accept an unsolicited offer of complimentary attendance to
			 attend an event organized with the principal objective of raising money for or
			 awareness of a charitable organization, provided that:
(1) The recipient's attendance at the event is
			 paid for solely by the charitable organization itself;
(2) The non-tax-deductible value of attendance
			 is less than $75, unless the commission finds that the recipient has demonstrated
			 a special need to exceed this limit;
(3) The recipient does not accept more than
			 $200 in cumulative non-tax-deductible value in any calendar year, unless the
			 commission finds that the recipient has demonstrated a special need to exceed
			 this limit;
(4) The recipient's
			 attendance at the event serves a state purpose;
(5) The event is open to the general public and
			 has been publicized to the general public for at least four weeks in advance of
			 the event; and
(6) No reasonable
			 person would conclude that the principal purpose of the event is to influence the
			 state officials in attendance,
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 7 - HAWAII STATE ETHICS COMMISSION GIFTS AND FAIR TREATMENT › Section 21-7-5 - Offers of travel

Current through June, 2024
(a) An offer of economy-class travel expenses,
			 modest food and non-alcoholic beverages, and educational programming in
			 connection with a bona fide professional development program, conference, or
			 business meeting, generally may be accepted if receipt thereof is consistent with
			 subsections (b) and (c) and section
			 21-7-2, provided that the recipient
			 shall report the travel pursuant to section
			 84-11.5,
			 HRS.
(b) The following economy-class
			 travel expenses, including modest meals and lodging, generally may be accepted
			 and need not be reported on a gifts disclosure statement:
(1) Travel expenses paid for by the United
			 States, any of its states or territories, or any political subdivision
			 thereof;
(2) Travel expenses provided
			 pursuant to a grant to or a contractual agreement with the State, provided the
			 benefit supports a bona fide state purpose;
(3) Travel expenses provided to individuals to
			 serve as chaperones to groups of public school students on student educational
			 tours, where the tours are paid for by students or their guardians and are
			 approved by the State of Hawaii Department of Education, and where the travel
			 expenses are paid for by the organizing tour company or with a portion of fees
			 collected from other travelers, provided that the tours are otherwise consistent
			 with the December 2016 Settlement Agreement in HSTA v. Hawaii State Ethics
			 Commission.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 7 - HAWAII STATE ETHICS COMMISSION GIFTS AND FAIR TREATMENT › Section 21-7-6 - Valuation of gifts

Current through June, 2024
(a) The value of a gift is its fair market
			 value, which is the cost that a member of the public would reasonably expect to
			 incur to purchase the gift, including any tax-deductible portion.
(b) If the gift is a seal at a table for an
			 event, the value of the gift is the cost of the table sponsorship divided by the
			 number of seats at the table.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 7 - HAWAII STATE ETHICS COMMISSION GIFTS AND FAIR TREATMENT › Section 21-7-7 - Imputing gifts to others

Current through June, 2024
(a) Where an offeror of a gift does not specify
			 a recipient within an office, and the legislator or supervisor of the receiving
			 office knows or reasonably should know of the gift, the gift is presumed to be a
			 gift to the legislator or supervisor.
(b) A gift to a family member of a legislator
			 or employee is presumed to be a gift to a legislator or employee where;
(1) The gift is offered because of the family
			 member's relationship to the legislator or employee; and
(2) The legislator or employee knows or
			 reasonably should know of the gift.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 7 - HAWAII STATE ETHICS COMMISSION GIFTS AND FAIR TREATMENT › Section 21-7-10 - Fair treatment

Current through June, 2024
(a) Subject to article III, section 7 of the
			 Hawaii State Constitution and section
			 84-13, HRS,
			 legislators and employees shall not use or attempt to use their official
			 positions to solicit, request, accept, receive, or grant unwarranted privileges,
			 exemptions, advantages, contracts, treatment, or benefits, for themselves or
			 others, or to subject others to unwarranted treatment, whether favorable or
			 unfavorable. Among other things, legislators and employees shall not;
(1) Take unwarranted action or withhold
			 warranted action against an individual, or threaten to do so, for lodging a
			 complaint with the commission, where a reasonable person would conclude that the
			 action or lack of action, or threat thereof, was intended as retaliation for
			 lodging a complaint or cooperating with a commission investigation;
(2) Use or attempt to use their official
			 position to seek or secure private employment or contracts for services for
			 themselves or others, provided that legislators and employees may offer
			 professional references for there current and former employees;
(3) Accept, receive, or solicit compensation,
			 honoraria, other consideration, or gifts for the performance of their official
			 duties or responsibilities except as provided by law;
(4) Use state resources for private business
			 purposes, including, but not limited to, the use of state resources for:
(A) Political campaign activities;
(B) Advertising or publicizing the sale of
			 goods or services;
(C) Taking or
			 responding to sales orders or inquiries;
(D) Preparing or sending invoices;
(E) Collecting payments;
(F) Producing or delivering goods or
			 services;
(G) Arranging or conducting
			 private business meetings;
(H)
			 Requesting or directing other state personnel to assist with private business
			 activities; or
(I) Otherwise
			 furthering a private business interest, except where the State has made a state
			 facility or resource available for rent, purchase, or use by private
			 organizations or individuals on generally equal terns and such use selves a state
			 purpose;
(5) Use state
			 resources for fundraising, except:
(A) As
			 approved by the Governor, the Speaker of the House and President of the Senate,
			 the Chief Justice, the Board of Directors of the Office of Hawaiian Affairs, or
			 the President of the University of Hawaii, where such fundraising selves a
			 significant state purpose; or
(B) In
			 conjunction with a nonprofit organization that exists for the sole purpose of
			 assisting and supporting a state facility or program, including but not limited
			 to a state charter school;
(6) Solicit or engage in a substantial
			 financial transaction with a subordinate or a person or business the legislator
			 or employee inspects or supervises in an official capacity; or
(7) Abuse their position within state
			 government to sexually harass another individual.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 8 - STATE ETHICS COMMISSION CONFLICTS OF INTERESTS › Section 21-8-1 - Conflicts of interests, director or officer of private organization in employee's state capacity

Current through June, 2024
(a) An employee who serves as a director or
			 officer of a private organization in the employee's official capacity is not
			 prohibited from taking official action affecting that organization, provided that
			 action does not affect the personal financial interest of the employee, the
			 employee's spouse or civil union partner, or the employee's dependent
			 children.
(b) Any discretionary
			 action taken by the employee as a director or officer as set forth in subsection
			 (a) shall be considered official action for purposes of chapter
			 84, HRS.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 8 - STATE ETHICS COMMISSION CONFLICTS OF INTERESTS › Section 21-8-2 - Acquiring financial interest in a business or other undertaking; reason to believe

Current through June, 2024
For purposes of section
				84-14(b),
				HRS, an employee has "reason to believe" that the employee "may be directly
				involved in official action to be taken by the employee" where there is a
				reasonable likelihood the employee may take official action affecting the
				business or undertaking.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 8 - STATE ETHICS COMMISSION CONFLICTS OF INTERESTS › Section 21-8-3 - Assist or represent, exception for personal service contracts

Current through June, 2024
A legislator or employee may be permitted to provide the
				legislator's or employee's own personal services to the legislator's or
				employee's agency where there is an overriding state purpose that outweighs any
				appearance of a conflict of interest. The commission may evaluate the following
				factors in determining whether a personal services contract is
				permissible;
(1) Whether there is an
			 appearance that the legislator or employee is receiving unwarranted or
			 preferential treatment from the legislator's or employee's agency;
(2) Whether the legislator or employee is using
			 confidential information to obtain the personal services contract;
(3) Whether there is a substantial public need
			 for the legislator's or employee's expertise;
(4) Whether the legislator or employee
			 possesses expertise in a particular area;
(5) Whether the agency is having difficulty
			 obtaining services of this specialized expertise from other sources;
			 and
(6) Whether the personal services
			 contract is otherwise consistent with chapter
			 84, HRS, and other applicable
			 law.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 8 - STATE ETHICS COMMISSION CONFLICTS OF INTERESTS › Section 21-8-4 - Public disclosure of interests or transactions affected by task force members' official action

Current through June, 2024
Section
				84-14, HRS,
				does not prohibit a person from serving on a task force, or making statements or
				taking official action as a task force member or a task force member's designee
				or representative, provided that the task force member, designee, or
				representative shall publicly disclose the nature and extent of any interest or
				transaction that they believe may be affected by their official action. This
				disclosure shall be made verbally at the first available meeting of the task
				force and shall be memorialized in any task force report. If no meeting is to
				occur before the task force member, designee, or representative takes official
				action affecting their interests, the disclosure shall be made in writing to all
				other task force members, and then subsequently in any task force
				report.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 9 - STATE ETHICS COMMISSION POST-EMPLOYMENT RESTRICTIONS AND CONTRACTS › Section 21-9-1 - Agency or subdivision thereof

Current through June, 2024
In determining what constitutes the former employee's agency or
				subdivision thereof for purposes of section
				84-18(c),
				HRS, the commission may consider:
(a)
			 the size of the agency;
(b) the
			 likelihood that the former employee would have any unfair advantage in
			 representing a person or business before that agency;
(c) the former employee's position within the
			 agency;
(d) whether the former
			 employee will communicate with former colleagues within the agency;
(e) whether the former employee has
			 confidential information that may provide an unfair advantage; and
(f) any other factors that could reasonably
			 give the appearance of impropriety.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 9 - STATE ETHICS COMMISSION POST-EMPLOYMENT RESTRICTIONS AND CONTRACTS › Section 21-9-2 - Responsibility to enforce contracts rules

Current through June, 2024
(a) An agency's
			 director or acting director shall be responsible for ensuring that all agency
			 contracts comply with section
			 84-15, HRS.
(b) Any violations of section
			 84-15, HRS shall be
			 assessed against the director or action director of agency at the time the
			 violation occurred.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 10 - STATE ETHICS COMMISSION LOBBYING › Section 21-10-1 - Definitions

Current through June, 2024
As used in this chapter, unless the context clearly requires
				otherwise:
"Client" means the individual or entity that employs, contracts
				with, or retains another person for pay or other consideration to lobby on behalf
				of that individual or entity.
"Direct lobbying" means any oral or written communication with a
				legislator, or an employee), intern, or volunteer of the legislature or an
				agency, that would appear to a reasonable person to be an attempt to influence
				legislation or rulemaking.
"Employing organization" means an entity that employs or
				contracts with a lobbyist to act on behalf of a client.
"For pay or other consideration" includes a wage, salary, fee, or
				other compensation provided to an owner, director, employee, or contractor of an
				organization who lobbies on behalf of the organization.
"Grassroots lobbying" means any oral or written communication
				directed at any member of the public that both expresses an opinion about
				existing or potential legislation, administrative rule, or ballot issue and
				includes an explicit or implied call to action.
"Lobbying" has the same meaning as in section
				21-1-2.
"Lobbyist" has the same meaning as in section
				21-1-2.
"Person" has the same meaning as in section
				97-1,
				HRS.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 10 - STATE ETHICS COMMISSION LOBBYING › Registration of Lobbyists › Section 21-10-2 - Registration and termination

Current through June, 2024
(a) Every individual
				who meets the threshold requirements to be deemed a lobbyist, as described in
				section
				97-1, HRS, shall
				register as a lobbyist with the commission within five days of meeting those
				requirements.
(b) For purposes of
				determining whether an individual has met the threshold requirements to register
				as a lobbyist, all time spent lobbying shall be included. Time spent lobbying
				includes, but is not limited to:
(1) Drafting
				and providing testimony;
(2)
				Discussing actual or potential legislation or rules with any official in the
				legislative or executive branch who is or may be involved in legislation or
				rulemaking;
(3) Waiting to testify at
				a hearing, when the individual who is waiting:
(A) Is being compensated to lobby during that
				waiting time and is not performing other work unrelated to the
				lobbying;
(B) Spends that time
				preparing, reviewing, or strategizing on the testimony; or
(C) Spends that time otherwise
				lobbying.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 10 - STATE ETHICS COMMISSION LOBBYING › Registration of Lobbyists › Section 21-10-3 - Exclusions from registration requirement

Current through June, 2024
(a) The following
				individuals need not register as lobbyists;
(1)
				Any individual who represents oneself and not any other person before the
				legislature or administrative agency, provided that these individuals may be
				required to submit statements of contributions and expenditures as provided in
				section
				97-3,
				HRS, and these rules. For purposes of this subsection, "any other person"
				includes a sole proprietorship or other business owned or operated by the
				individual;
(2) Any federal, state,
				or county official or employee acting in the official's or employee's official
				capacity, provided that if the federal, state, or county official or employee
				contracts for the services of a lobbyist, the lobbyist is subject to the
				registration and reporting requirements of chapter
				97, HRS,
				and these rules, and the director of the agency employing the lobbyist shall be
				responsible for submitting statements of contributions and expenditures as
				required by section
				97-3,
				HRS, and these rules;
(3) Any person
				engaged in the business of publishing or broadcasting news or comment on the
				news, while engaged in the gathering or dissemination of news and comment on the
				news and in the ordinary course of business;
(4) An attorney advising a client on the
				construction or effect of proposed legislative or administrative action;
				and
(5) Any person who possesses
				special skills and knowledge relevant to certain areas of legislation or
				rulemaking, whose skills and knowledge may be helpful to the legislative and
				executive branches of state government and who makes an occasional appearance at
				the written request of the legislature, an administrative agency, or the
				lobbyist, even though the person receives reimbursement or other payment from the
				legislature, administrative agency, or the lobbyist for the appearance. A copy of
				the written request for an appearance made by the legislature, administrative
				agency, or lobbyist shall be provided to the commission within five business days
				of the commission's request.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 10 - STATE ETHICS COMMISSION LOBBYING › Registration of Lobbyists › Section 21-10-4 - Background work in support of lobbying

Current through June, 2024
An individual who is paid to draft testimony, discuss or
				  research legislative issues, conduct public opinion polls, or perform
				  administrative work in support of lobbying activities, and who either works under
				  the direction of a registered lobbyist or who is a client or employer of a
				  registered lobbyist, is not required to register as a lobbyist if:
(1) The individual does not meet with or
				communicate directly with any official in the legislative or executive branch
				regarding the subject matter of any existing or potential legislation or rule;
				and
(2) The expenditures for that
				individual's activities are reported pursuant to section
				21-10-5.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 10 - STATE ETHICS COMMISSION LOBBYING › Reporting of Lobbying Contributions and Expenditures › Section 21-10-5 - Statement of contributions and expenditures

Current through June, 2024
(a) Each client, its
				lobbyists, and the lobbyists employing organization, if any, shall file a joint
				statement of contributions and expenditures that includes all expenditures made
				for the purpose of lobbying on behalf of that client,
(b) A joint statement of contributions and
				expenditures shall include:
(1) The names of
				all registered lobbyists engaged in lobbying on behalf of the client;
(2) All contributions for the purpose of
				lobbying received by the lobbyists, the employing organization, and the client,
				as set forth in section
				97-3,
				HRS, and these rules; and
(3) All
				expenditures made by or in support of the lobbying interests or activities of the
				client, including out-of-pocket expenditures made by individual lobbyists, as set
				forth in section
				97-3,
				HRS, and these rules.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 10 - STATE ETHICS COMMISSION LOBBYING › Reporting of Lobbying Contributions and Expenditures › Section 21-10-6 - Contributions for the purpose of lobbying

Current through June, 2024
(a) Contributions for
				the purpose of lobbying shall be reported as set forth in section
				97-3,
				HRS, except where a contributor's identity may be withheld pursuant to
				law.
(b) Contributions shall be
				reported where the contributor knows or reasonably should know that the primary
				purpose of the contribution is to support lobbying.
(c) Where a contribution is used in part for
				lobbying and in part for other expenses, the reporting entity need report only
				the amount used for lobbying.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 10 - STATE ETHICS COMMISSION LOBBYING › Reporting of Lobbying Contributions and Expenditures › Section 21-10-7 - Reporting of expenditures

Current through June, 2024
(a) Expenditures
				shall be reported as provided by section
				97-3,
				HRS, and these rules, using forms and methods prescribed by the
				commission,
(b) Each statement of
				expenditures shall include:
(1) The total sum
				expended for the purpose of lobbying by or on behalf of the person filing the
				statement during the relevant reporting period, regardless of whether the
				expenditure was made by a registered lobbyist, along with an itemization of how
				that sum was expended among the following categories:
(A) Preparation and distribution of lobbying
				materials;
(B) Media
				advertising;
(C) Total compensation
				paid to lobbyists, as follows:
(i) The client
				shall report the amount paid to each registered lobbyist during the relevant
				reporting period:
(ii) Where a
				client's employee serves as a lobbyist, the client shall report the pro rata
				portion of the lobbyist's salary that is attributable to the lobbyist's lobbying
				activities during the relevant reporting period.
(D) Fees paid to consultants for services,
				including the name of each individual consultant or entity and the nature of the
				services provided;
(E) Entertainment
				and events;
(F) Receptions, meals,
				food, and beverages;
(G)
				Gifts;
(H) Loans;
(I) Interstate transportation, including
				incidental meals and lodging; and
(J)
				Other disbursements;
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 10 - STATE ETHICS COMMISSION LOBBYING › Reporting of Lobbying Contributions and Expenditures › Section 21-10-8 - Expenditures for the purpose of lobbying

Current through June, 2024
(a) Expenditures made
				for the purpose of lobbying means all those expenditures in support of and in
				preparation for direct lobbying or grassroots lobbying. Such expenditures
				include, but are not limited to:
(1) Drafting
				and providing testimony;
(2)
				Discussing actual or potential legislation or rules with any official in the
				legislative or executive branch who is or may be involved in legislation or
				rulemaking;
(3) Discussing lobbying
				strategy;
(4) Research or polling
				when the primary purpose of the research or polling is to use in lobbying
				activities;
(5)
				Advertising;
(6) Monitoring the
				status of proposed legislation or proposed administrative rules, when the primary
				purpose of the monitoring is to engage in lobbying;
(7) An event organized for the purpose of
				providing interaction between members of the legislature or an agency and an
				individual or organization that is engaged in lobbying, or intends to engage in
				lobbying, where the topics of the lobbying effort are discussed;
(8) Time spent waiting to testify at a hearing,
				when the individual who is waiting;
(A) Is
				being compensated to lobby during that waiting time and is not performing other
				work unrelated to the lobbying;
(B)
				Spends that time preparing, reviewing, or strategizing on the testimony;
				or
(C) Spends that time otherwise
				lobbying.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 10 - STATE ETHICS COMMISSION LOBBYING › Reporting of Lobbying Contributions and Expenditures › Section 21-10-9 - Accounting issues in statements of contributions and expenditures

Current through June, 2024
(a)
				Statements of contributions and expenditures required by section
				97-3,
				HRS, and these rules shall report expenditures during the relevant reporting
				period on an accrual basis.
(b) Where
				an entity pays a flat fee on a periodic basis for the purpose of lobbying the
				state legislature, the entity may report regular-session lobbying activities
				either by:
(1) Reporting forty per cent of the
				total expected annual expenditures as having been spent in the January-February
				period, forty per cent of the total expected annual expenditures as having been
				spent in the March-April period, and twenty per cent of the total expected annual
				expenditures as having been spent in the May-December period; or
(2) Calculating the amount of work performed in
				the relevant reporting period in proportion to the entire amount of work expected
				to be performed on an annual basis and reporting that proportion of the annual
				expenditure on the relevant reporting statement.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 10 - STATE ETHICS COMMISSION LOBBYING › Reporting of Lobbying Contributions and Expenditures › Section 21-10-10 - Submission of registration forms and statements of contributions and expenditures

Current through June, 2024
(a) Registration
				forms and statements of contributions and expenditures shall be filed using forms
				and methods prescribed by the commission. The commission may require that forms
				and statements be filed using an electronic filing system.
(b) Every registration, statement, or form
				submitted pursuant to this chapter shall include a certification by an authorized
				representative or agent of the registered lobbyist, employing organization, or
				client that the information contained in the document is complete, true, and
				accurate.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 1 - GENERAL PROVISION › Section 23-1-1 - Definitions

Current through June, 2024
As used in this chapter:
"Agency" means any office, board, or commission of the state
				  government which is assigned to the department for administrative purposes
				  only.
"Department" means the department of public safety.
"Director" means the director of the department or the
				  director's designee.
"Division", means a major organizational segment of the
				  department.
"Program" means a combination of departmental resources and
				  activities designed to achieve an objective or objectives.
"Rules" shall be as defined in section
				  91-1(4),
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 1 - GENERAL PROVISION › Section 23-1-5 - Director's authority

Current through June, 2024
The director may delegate authority or functions to any
				  subordinate officer or employee of the department. where authority is delegated
				  by the director, the director shall retain the final authority to make
				  exceptions to and approve or overrule any decision or action taken by the
				  delegate.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 2 - PROVISIONS FOR THE ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 23-2-1 - Definitions

Current through June, 2024
As used in this chapter:
"Person" includes individuals, partnerships, corporations,
				  associations, or organizations of any character, except for the
				  department.
"Petition" means a properly documented submission of
				  information by a person requesting the adoption, amendment, or repeal of a
				  rule.
"Relief" means the process for the adoption, modification, or
				  repeal of any rule in favor of the petitioner.
"Rule" herein does not include policies and procedures, or
				  guidelines, or other regulations not within the meaning of rules as defined in
				  section
				  91-1(4),
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 2 - PROVISIONS FOR THE ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 23-2-3 - Format and certification of petition

Current through June, 2024
(a) Any interested
				person may submit, pursuant to section
				91-6,
				Hawaii Revised Statutes, a signed petition either in person or by mail to the
				department requesting the adoption, amendment, or repeal of rules. The petition
				shall be legibly written or typed, identifiable by name, address, and zip
				code.
(b) The petition shall set
				forth the text of the:
(1) Rule to be
				repealed; proposed rule sought to be adopted; or existing rule sought to be
				amended, together with the petition; and
(2) The facts or circumstances giving rise to
				the petition to include but not limited to:
(A) The petitioner's interest and reasons for
				the petition;
(B) The necessity for
				rule relief;
(C) The anticipated
				effects or impact of the rule relief;
(D) Questions or issues raised by the rule
				relief; and
(E) The petitioner's
				position or contentions with respect to questions or issues raised.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 1 - ADMINISTRATION › Chapter 2 - PROVISIONS FOR THE ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 23-2-4 - Rule relief

Current through June, 2024
Upon the filing of the petition, the department within thirty
				  days shall either deny the petition in writing, stating the reasons for the
				  denial, or initiate proceedings in accordance with section
				  91-3,
				  Hawaii Revised Statutes.