Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 4 - PROCEDURES FOR PROPER TREATMENT OF BURIAL SITES AND HUMAN SKELETAL REMAINS › Section 13-300-32 - Physical examination of human remains

Current through June, 2024
(a) In order to
				  accomplish the purposes of chapter
				  6E, HRS, including the preservation
				  and protection of all burial sites and especially Native Hawaiian skeletal
				  remains from unnecessary disturbance, physical examination of human skeletal
				  remains over fifty years old is prohibited, unless expressly provided for in
				  this section.
(b) Physical
				  examination of human skeletal remains may be authorized by the department to
				  help evaluate ethnicity as deemed necessary by section 13-300-31. Physical
				  examination shall be conducted in a respectful manner, with a recognition of
				  the sensitivities associated with deceased human beings.
(c) Physical examination methods shall
				  consist only of the observation of metric, non-metric, or other relevant traits
				  needed to suggest ethnicity, or a combination thereof, if necessary. Any
				  intrusive or destructive examination method including, but not limited to,
				  x-ray, radio carbon dating, and mitochondrial DNA analysis, is prohibited
				  unless a written request is made to the department and written approval is
				  granted prior to the initiation of any such examination. Photography of human
				  skeletal remains subject to examination pursuant to this subsection shall be
				  prohibited, unless written consent is first obtained from the council where
				  ethnicity is suggested to be Native Hawaiian, or the department, where
				  ethnicity is suggested to be non Native Hawaiian. Failure to comply with this
				  subsection may subject a violator to the penalties stated in section
				  13-300-43.
(d) Commingled human
				  skeletal remains shall be separated by individual following the relevant
				  methods stated in subsection (c).
(e) Upon examination completion, each set of
				  human skeletal remains representing an individual shall be covered with clean
				  white cloth and placed in a plain cardboard container. Each container shall be
				  clearly marked with burial site location, names of the examiners, and dates of
				  examination. Skeletal remains not identified to a specific individual shall be
				  covered with clean white cloth, placed in a plain cardboard container, and the
				  container marked accordingly.
(f)
				  Physical examination shall be conducted at a location approved by the
				  department on the island where the human skeletal remains originated. Inter
				  island transportation of human skeletal remains shall occur only with prior
				  approval of the department.
(g)
				  Within thirty days of completion of the physical examination, a report shall be
				  submitted to the department for review and acceptance. The report shall include
				  the following:
(1) Number of individuals
				  represented; and
(2) The suggested
				  ethnicity of each individual or a finding that ethnicity could not be suggested
				  by reasonable belief.