reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 42 - HAWAII STATE POST-SECONDARY REVIEW PROGRAM (Repealed) › Subchapter 2 - STANDARDS AND PROCEDURES FOR REVIEW OF INSTITUTIONS (Repealed) › Section 20-42-10 - Report to the United States Secretary of Education (Repealed)

Current through June, 2024
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 42 - HAWAII STATE POST-SECONDARY REVIEW PROGRAM (Repealed) › Subchapter 2 - STANDARDS AND PROCEDURES FOR REVIEW OF INSTITUTIONS (Repealed) › Section 20-42-11 - Termination of participation in a Title IV HEA program (Repealed)

Current through June, 2024
Hawaii Administrative Rules › Title 20 - UNIVERSITY OF HAWAII › Subtitle 3 - STATE POST-SECONDARY EDUCATION COMMISSION › Chapter 42 - HAWAII STATE POST-SECONDARY REVIEW PROGRAM (Repealed) › Subchapter 2 - STANDARDS AND PROCEDURES FOR REVIEW OF INSTITUTIONS (Repealed) › Section 20-42-12 - Due process (Repealed)

Current through June, 2024
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 1 - STATE ETHICS COMMISSION GENERAL PROVISIONS › Section 21-1-1 - Purpose

Current through June, 2024
(a) Chapters
			 1 through
			 10 are intended to implement and
			 administer the provisions of chapter
			 84, HRS, relating to standards of
			 conduct for state legislators and employees, and chapter
			 97, HRS,
			 relating to lobbyists.
(b) General
			 principles. The following general principles apply to every legislator and
			 employee and may form the basis for the standards contained in these rules. The
			 prohibitions set forth in these chapters are not intended to create a
			 comprehensive list of unlawful conduct. Where a situation is not covered by the
			 standards set forth in Chapter
			 84 or
			 97, HRS,
			 or these rules, legislators and employees shall apply the principles set forth in
			 this section in determining whether their conduct is proper.
(1) Public service is a public trust, requiring
			 legislators and employees to place loyalty to the Constitution, laws, and ethical
			 principles above private gain.
(2) To
			 preserve the public's confidence in the integrity of state government,
			 legislators and employees shall endeavor to avoid any actions creating the
			 appearance that they are violating the law or ethical standards.
(3) Legislators and employees shall not advance
			 their financial interests at the expense of the conscientious performance of duty
			 and shall not use public office for private gain.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 1 - STATE ETHICS COMMISSION GENERAL PROVISIONS › Section 21-1-3 - Authentication of commission action

Current through June, 2024
All decisions rendered after a contested case, declaratory
				orders, informal advisory opinions, and advisory opinions of the commission shall
				be signed by three or more members of the commission. Commissioners may authorize
				commission staff to affix their signatures electronically.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 1 - STATE ETHICS COMMISSION GENERAL PROVISIONS › Section 21-1-4 - Disqualification of commissioners; bias or prejudice

Current through June, 2024
(a) Any party to a
			 matter before the commission may make and file an affidavit or declaration that
			 one or more of the commissioners before whom the matter is pending has a personal
			 bias or prejudice. Every affidavit or declaration shall state the facts and
			 reasons for the belief that bias or prejudice exists and shall be filed as soon
			 as practicable, but no later than ten days before any contested case hearing, or
			 good cause shall be shown for the failure to do so.
(b) The commissioner against whom the affidavit
			 or declaration is filed may answer the affidavit or declaration or may recuse
			 from the matter, If the commissioner chooses to answer the affidavit or
			 declaration, the remaining commissioners shall decide whether that commissioner
			 should be disqualified from proceeding therein.
(c) At any time, commissioners may disqualify
			 themselves by informing the other commissioners and/or the executive director
			 that they deem themselves unable for any reason to participate with absolute
			 impartiality in the pending matter.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 1 - STATE ETHICS COMMISSION GENERAL PROVISIONS › Section 21-1-5 - Consolidations

Current through June, 2024
The commission, upon its own initiation or upon motion, may
				consolidate for hearing or for other purposes or may contemporaneously consider
				two or more proceedings which involve substantially the same parties or issues
				which are the same or closely related, if it finds that such consolidation or
				contemporaneous hearing will be conducive to the proper dispatch of its business
				and to the ends of justice and will not unduly delay the proceedings.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 1 - STATE ETHICS COMMISSION GENERAL PROVISIONS › Section 21-1-6 - Right to appear

Current through June, 2024
(a) Any person, or the person's authorized
			 representative, having business with the commission may appear before
			 it.
(b) Any person who acts in a
			 manner that prevents the orderly and peaceful conduct of business may be removed
			 upon a vole of three or more members of the commission. The right to appear
			 before the commission may be reinstated upon the commission's acceptance of a
			 written statement that the person will abide by the commission's rules and will
			 not disrupt the orderly and peaceful conduct of its proceedings.
(c) To ensure the reasonable and orderly
			 administration of oral testimony during a commission meeting, the commission may
			 place reasonable time limits for members of the public to present oral
			 testimony.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 1 - STATE ETHICS COMMISSION GENERAL PROVISIONS › Section 21-1-9.5 - Adjudicatory functions

Current through June, 2024
Pursuant to section
				92-6,
				HRS, the exercise by the commission of its adjudicatory functions is not a
				meeting within the meaning of section
				92-2, HRS, and these
				rules,
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 1 - STATE ETHICS COMMISSION GENERAL PROVISIONS › Section 21-1-10 - Chairperson and vice-chairperson

Current through June, 2024
(a) A chairperson
			 shall be elected by a majority of all the members to which the commission is
			 entitled, who shall serve for a term of one year or until a successor is elected,
			 with such term to commence on January 1 of each year.
(b) A vice-chairperson, who shall call and
			 chair meetings in the incapacity or absence of the chairperson, shall be elected
			 by a majority of all the members to which the commission is entitled, and shall
			 serve for a term of one year or until a successor is elected, with such term to
			 commence on January 1 of each year.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 1 - STATE ETHICS COMMISSION GENERAL PROVISIONS › Section 21-1-11 - Staff

Current through June, 2024
(a) The executive director shall have charge of
			 the commission's official records and shall be responsible for the maintenance
			 and custody of the files and records of the commission, including the papers,
			 transcripts of testimony and exhibits filed in proceedings, the minutes of all
			 actions taken by the commission, and all its rulings, advisory opinions,
			 decisions, rules, and approved forms. The executive director shall receive all
			 documents required to be filed with the commission and shall promptly stamp the
			 time and date upon documents filed with the commission, provided that the time
			 and date may be recorded electronically for documents submitted via any
			 electronic filing system. The executive director is responsible for the
			 administration of the office.
(b) The
			 associate director assists the executive director in administrative matters. The
			 associate director shall conduct investigations and prosecute cases as delegated
			 by the executive director. In cases where the executive director serves as
			 counsel to the commission or is recused, then the associate director or the
			 associate director's designee shall conduct or prosecute the case without
			 supervision by the executive director.
(c) The commission may delegate to the
			 executive director any duties as appropriate to conduct its operations. The
			 executive director may delegate to commission staff any duties.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 1 - STATE ETHICS COMMISSION GENERAL PROVISIONS › Section 21-1-12 - Operations

Current through June, 2024
(a) The offices of the commission are at 1001
			 Bishop Street, Suite 970, Honolulu, Hawaii, or such other address where the
			 commission may be located from time to lime. All communications shall be
			 addressed to the commission at its offices, via electronic mail or other
			 electronic means designated by the commission or its staff, or otherwise as
			 directed.
(b) The offices of the
			 commission shall be open from 7:45 a.m. to 4:30 p.m. Monday through Friday,
			 except for state holidays, unless otherwise directed by the commission or the
			 executive director.
(c) The
			 commission meets and exercises its powers in any part of the State of Hawaii.
			 Meetings may be called by the chairperson or by two or more commissioners upon
			 notice to the staff and other commissioners, consistent with chapter
			 92, HRS. Meetings are open to the public
			 except when matters made confidential by chapter
			 84 or
			 97, HRS,
			 or otherwise made confidential by law, are considered in executive
			 session.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 1 - STATE ETHICS COMMISSION GENERAL PROVISIONS › Section 21-1-13 - Guidance and information

Current through June, 2024
The commission may develop and publish general guidance and
				information about chapters
				84 and
				97, HRS,
				for the purpose of educating the public, legislators, employees, lobbyists, and
				organizations that employ lobbyists regarding ethics and lobbying laws. General
				guidance issued for educational purposes shall not have the force and effect of
				law and shall not be dispositive in any particular matter.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 2 - STATE ETHICS COMMISSION FILING OF DOCUMENTS, SERVICE, WITNESSES, AND SUBPOENAS › Section 21-2-1 - Filing of documents

Current through June, 2024
(a) All disclosures, charges, requests for
			 opinions, pleadings, submittals, reports, petitions, briefs, memoranda, and other
			 documents for the commission's consideration shall be filed with the executive
			 director. Documents may be delivered via electronic mail or in hard copy to the
			 commission offices in Honolulu within the time limit, if any, for such filing
			 unless the commission requires that documents be submitted electronically. The
			 date on which the documents are actually received by the commission shall be
			 deemed to be the date of filing, except as otherwise provided by law.
(b) All documents filed or lodged with the
			 commission shall be plainly legible.
(c) All documents shall be signed by the person
			 submitting the same or the person's duly authorized agent or attorney. The
			 commission may establish an electronic filing system that allows for digital
			 signature of documents. The signature of the person signing the document
			 constitutes a certification that the person has read the document, and that, to
			 the best of the person's knowledge, information,'' and belief every statement
			 contained in the document is true, not misleading, and not interposed for
			 delay.
(d) The commission may require
			 that hard copies of pleadings and memoranda submitted for hearing purposes be
			 filed with the commission.
(e) The
			 initial document filed by any person in any proceeding shall state on the first
			 page thereof the name, mailing address, electronic mail address, and telephone
			 number of the person or persons who may be served with any documents filed in the
			 proceeding.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 2 - STATE ETHICS COMMISSION FILING OF DOCUMENTS, SERVICE, WITNESSES, AND SUBPOENAS › Section 21-2-2 - Computation of time

Current through June, 2024
In computing any period of time prescribed or allowed either by
				these rules or by order of the commission, or by any applicable statute, the day
				of the act, event, or default after which the designated period of time is to
				run, is not to be included. The last day of the period so computed is to be
				included unless it is a Saturday, Sunday or legal holiday in the State of Hawaii,
				in which event the period runs until the next day which is neither a Saturday,
				Sunday nor a holiday.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 2 - STATE ETHICS COMMISSION FILING OF DOCUMENTS, SERVICE, WITNESSES, AND SUBPOENAS › Section 21-2-3 - Continuances or extensions of time

Current through June, 2024
Whenever a person or agency has a right or is required to take
				action within the period prescribed or allowed by these rules, or by order of the
				commission, the person or agency may apply to the executive director or the
				commission for an extension not to exceed fifteen days. Additional extensions or
				extensions exceeding fifteen days will be allowed only upon written request and
				may be granted by the commission chair or designee for good cause shown.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 2 - STATE ETHICS COMMISSION FILING OF DOCUMENTS, SERVICE, WITNESSES, AND SUBPOENAS › Section 21-2-4 - Service of process

Current through June, 2024
(a) The commission shall cause to be served all
			 orders, notices, and other papers issued by it, together with any other papers
			 which it is required by law to serve. Pleadings and memoranda relating to charges
			 or hearings shall be served by the party filing them.
(b) All documents served by either the
			 commission or any party shall be served upon all counsel of record at the time of
			 such filing and upon parties not represented by counsel or upon their agents
			 designated by them or by law. Any counsel entering an appearance subsequent to
			 the initiation of the proceedings shall notify all parties of that fact in
			 writing.
(c) The final opinion,
			 decision, or any other document required to be served by the commission upon a
			 party shall be served upon the party's counsel of record, if any, or the party or
			 an agent designated by the party or by law to receive service of such
			 papers.
(d) Service of a charge,
			 further statement of alleged violation, and notice of a contested hearing shall
			 be made:
(1) Personally upon the
			 respondent;
(2) By delivering a copy
			 to an agent designated by the respondent or by law to receive service of such
			 papers;
(3) By registered or
			 certified mail, return receipt requested; or
(4) By any method agreed to by the parties. If
			 service by one of the above means is not made because of the refusal to accept
			 service or the commission and its agents have been unable to ascertain the
			 address of the respondent after reasonable and diligent inquiry, service may be
			 effected as ordered by the circuit court pursuant to section
			 84-31(b)
			 or
			 97-6(b),
			 HRS, or as otherwise provided by statute.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 2 - STATE ETHICS COMMISSION FILING OF DOCUMENTS, SERVICE, WITNESSES, AND SUBPOENAS › Section 21-2-5 - Subpoenas

Current through June, 2024
(a) Subpoenas requiring the attendance of
			 witnesses or the production of documentary evidence from any place within the
			 State at any designated place of hearing, or at any designated place of an
			 investigatory interview by the executive director, may be issued by any member of
			 the commission.
(b) Requests for
			 subpoenas shall be made in writing to the commission. Requests for subpoenas for
			 the production of documentary evidence shall be reasonable in scope and specify
			 as clearly as possible documents or data desired, and show their general
			 relevancy.
(c) Requests for subpoenas
			 for the production of documentary evidence, or for the appearance of witnesses at
			 a hearing or at an investigatory interview, shall be made at least fourteen days
			 prior to the hearing or interview. If application for a subpoena for a hearing is
			 made at a later time, the commission may, in its discretion, continue the hearing
			 or any part thereof.
(d) Enforcement
			 of obedience to subpoenas issued by the commission and served pursuant to this
			 chapter will be effected by written application of any commissioner to any
			 circuit judge.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 2 - STATE ETHICS COMMISSION FILING OF DOCUMENTS, SERVICE, WITNESSES, AND SUBPOENAS › Section 21-2-6 - Witness fees

Current through June, 2024
Witnesses summoned for contested cases shall be paid the same
				fees and mileage as are paid to witnesses in courts of the State of Hawaii and
				shall be paid by the party at whose instance the witnesses
				appear.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 2 - STATE ETHICS COMMISSION FILING OF DOCUMENTS, SERVICE, WITNESSES, AND SUBPOENAS › Section 21-2-7 - Retention of documents by the commission

Current through June, 2024
All documents filed with or presented to the commission may be
				retained by the commission. However, the commission may permit the withdrawal of
				original documents upon submission of properly authenticated copies to replace
				such documents.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 3 - STATE ETHICS COMMISSION FINANCIAL DISCLOSURE STATEMENTS › Section 21-3-1.5 - Definitions

Current through June, 2024
As used in this chapter, unless the context clearly requires
				otherwise:
"Deputy director" means any individual who is subordinate only to
				the head of an agency and who exercises supervisory authority, over subordinate
				employees,
"Disclosure" means, for purposes of this chapter, a disclosure of
				financial interests that is required to be filed pursuant to section
				84-17,
				HRS.
"Division chief' means, for those agencies that have divisions,
				the head of a division who exercises supervisory authority over
				subordinates.
"Executive director" and "executive secretary" means the
				highest-ranking staff member of an agency, and includes wardens of correctional
				centers.
"Filer" or "filers" means all persons who arc required to file a
				disclosure pursuant to section
				84-17(c),
				HRS.
"Financial interests" means information that is required to be
				reported pursuant to section
				84-17(f),
				HRS, and these rules.
"State position" means one of the positions enumerated in section
				84-17(c),
				HRS, for which a disclosure is required to be filed with the
				commission.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 3 - STATE ETHICS COMMISSION FINANCIAL DISCLOSURE STATEMENTS › Section 21-3-1.6 - State positions; advisory boards and commissions

Current through June, 2024
(a) In determining
			 whether an individual is a deputy director, division chief, executive director,
			 or executive secretary, the commission may consider the individual's
			 responsibility to hire, fire, and supervise personnel; the individual's
			 responsibility for fiscal and budgetary matters; and the individual's
			 responsibility for programmatic matters. The agency's title for an individual is
			 not dispositive as to whether the individual will be required to submit a
			 disclosure.
(b) As provided by
			 section
			 84-17(c)(9),
			 HRS, "solely advisory" means a board or commission that can take no significant
			 action to influence the administration of state programs or the exercise of state
			 powers. In determining whether a board or commission is solely advisory, the
			 ethics commission may consider whether the board or commission exercises
			 adjudicatory powers; adopts and implements state programs; develops and monitors
			 program standards; and has authority to hire and fire employees, enter into
			 contracts, issue permits or licenses, promulgate rules, receive gills, or spend
			 state funds. The agency's description of a board or commission as being advisory
			 is not dispositive as to whether the board or commission will be considered
			 solely advisory.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 3 - STATE ETHICS COMMISSION FINANCIAL DISCLOSURE STATEMENTS › Section 21-3-2.5 - Financial disclosure filing procedures

Current through June, 2024
(a) All persons
			 holding those positions enumerated in section
			 84-17(c),
			 HRS, shall file annually with the commission a disclosure within the applicable
			 time periods prescribed in section
			 84-17(b),
			 HRS, and this chapter.
(b)
			 Disclosures shall be filed electronically using the commission's electronic
			 filing system or by any other method established by the commission.
(c) Disclosures shall be deemed filed as of the
			 lime and date when the documents are received by the commission.
(d) In addition to those financial interests
			 required to be reported by section
			 84-17(f),
			 HRS, the disclosure shall contain:
(1) The
			 filer's full name and personal contact information, including the filer's
			 residential address, work address, personal telephone number, work telephone
			 number, personal electronic mail address, and work electronic mail
			 address;
(2) The filer's state
			 position and the name of the agency, board, or commission the filer serves;
			 and
(3) The names of the filer's
			 spouse, civil union partner, and dependent children.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 3 - STATE ETHICS COMMISSION FINANCIAL DISCLOSURE STATEMENTS › Section 21-3-3 - Financial interests

Current through June, 2024
(a) As provided by section
			 84-17(f),
			 HRS, financial interests to be disclosed include, but are not limited to:
(1) Rental income;
(2) Stocks, exchange traded funds, and other
			 similar financial instruments, which shall be individually disclosed as ownership
			 interests in a business, provided that filers need not disclose the contents of
			 mutual finds if the fund itself has been disclosed; and
(3) Trust assets that would be reportable by
			 the filer if held outside a trust, provided that specific trust assets need not
			 be reported if they arc held within a blind trust or similarly outside the
			 filer's control or knowledge.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 3 - STATE ETHICS COMMISSION FINANCIAL DISCLOSURE STATEMENTS › Section 21-3-4 - Public access to disclosure statements

Current through June, 2024
Disclosures that are designated as confidential pursuant to
				section
				84-17(e),
				HRS, shall not be made available for public inspection or duplication, except
				with written authorization of the filer. Disclosures that are designated as
				public pursuant to section
				84-17(d),
				HRS, shall be posted on the commission's website within a reasonable time after
				filing, provided that the filer's business or residential address, telephone
				number, or electronic mail address shall not be publicly disclosed, nor shall the
				names of the filer's spouse, civil union partner, or dependent children be
				publicly disclosed.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 3 - STATE ETHICS COMMISSION FINANCIAL DISCLOSURE STATEMENTS › Section 21-3-5 - Disclosure period

Current through June, 2024
Filers shall disclose all financial interests held during the
				applicable disclosure period. For initial disclosures and disclosures submitted
				by candidates for state elective offices, including candidates for election to
				the constitutional convention, the disclosure period includes January 1 of the
				preceding calendar year to the date of filing. All disclosures filed thereafter
				include the date of the previous filing to the date of filing, excluding amended
				filings, except that income reported shall be for the previous calendar
				year.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 3 - STATE ETHICS COMMISSION FINANCIAL DISCLOSURE STATEMENTS › Section 21-3-7 - Newly elected or appointed officials; interim or acting officials

Current through June, 2024
Newly elected or appointed officials required to submit a
				disclosure pursuant to section
				84-17(b),
				HRS, and persons serving in an interim or acting capacity in positions that
				require filing a disclosure, shall file a disclosure within thirty days of the
				first day in office whether on an interim, acting, or permanent
				basis.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 3 - STATE ETHICS COMMISSION FINANCIAL DISCLOSURE STATEMENTS › Section 21-3-8 - Changes in position; exit disclosure

Current through June, 2024
(a) Filers
			 transferring from a position requiring the filing of a confidential disclosure to
			 a position requiring the filing of a public disclosure shall file a new, public
			 disclosure within thirty days of the first day in office, whether on an interim,
			 acting, or permanent basis. Other filers who transfer positions need not file a
			 new disclosure statement until the next filing deadline.
(b) Filers shall file a disclosure within
			 thirty days of any filer's final date in state office or employment, unless the
			 filer filed a that days of the final date of state office or
			 employment.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 3 - STATE ETHICS COMMISSION FINANCIAL DISCLOSURE STATEMENTS › Section 21-3-9 - Administrative fine for failure to file

Current through June, 2024
(a) The commission
			 shall notify filers of the failure to timely file a disclosure and the applicable
			 administrative fine. The commission may notify such individuals by electronic
			 mail to the person's state electronic mail address, first-class mail, or personal
			 service.
(b) If notice is sent via
			 electronic mail, the ten-day period described in section
			 84-17(i),
			 HRS, shall run from the date the electronic mail is sent. If notice is sent via
			 first-class mail, the ten-day period shall begin two business days after mailing,
			 unless the notice is mailed to an address outside the State, in which case the
			 ten-day period shall begin four business days after mailing.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 3 - STATE ETHICS COMMISSION FINANCIAL DISCLOSURE STATEMENTS › Section 21-3-10 - Payment of fine or request for waiver; good cause

Current through June, 2024
(a) An individual who
			 receives a notice of administrative fine and subsequently files a disclosure
			 shall, within ten days of filing the disclosure, pay the assessed administrative
			 fine or request a waiver from the commission.
(b) Any individual requesting a waiver of
			 administrative fine shall submit a written request to the commission. The request
			 shall contain the filer's name, address, electronic mail address, telephone
			 number, and state position; a clear and concise statement regarding the Factual
			 basis for the filer's request For a waiver, including the reasons or
			 circumstances why the filer was unable to meet the applicable due dale; and any
			 documents or evidence in support of the filer's request for a waiver.
(c) The commission may waive any administrative
			 fine for good cause shown. The filer has the burden to establish good cause. Good
			 cause may be found if the filer faced an unexpected crisis such as a serious
			 medical issue, a death in the family, or a theft or destruction of financial
			 documents that prevented the filer from meeting the relevant deadline. Good cause
			 generally may not be found by inadvertence or oversight.
(d) Payment of the administrative fine is
			 deemed made when received by the commission.
(e) The commission may issue a charge against
			 any filer who fails to file a disclosure by the relevant
			 deadline.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 3 - STATE ETHICS COMMISSION FINANCIAL DISCLOSURE STATEMENTS › Section 21-3-11 - Disposal of financial disclosures

Current through June, 2024
(a) Disclosures shall
			 be destroyed six years after filing, unless otherwise provided by
			 statute.
(b) A disclosure filed by a
			 candidate for state elective office shall be destroyed upon the expiration of six
			 years after an election for which the candidate filed the disclosure, unless
			 otherwise provided by law.
(c) In
			 destroying disclosures, all paper copies shall be shredded, all electronic copies
			 shall be deleted from the commission's record-keeping system, and all public
			 disclosures shall be removed from the commission's website.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 4 - STATE ETHICS COMMISSION ADVISORY OPINIONS › Section 21-4-1 - Request for guidance; request for advisory opinion

Current through June, 2024
(a) The
			 executive director may provide confidential guidance to any individual as to
			 whether the facts and circumstances of a particular case constitute or would
			 constitute a violation of chapter
			 84, chapter
			 97,
			 section
			 11-8,
			 or section
			 11-316,
			 HRS, provided that nothing herein shall establish an attorney-client relationship
			 between the person seeking advice and the executive director. Any written
			 guidance rendered by the executive director advising that certain conduct is or
			 was permissible shall, until amended or revoked, be binding upon the commission
			 in any subsequent enforcement proceeding concerning the individual who sought the
			 guidance and acted in reliance on it in good faith, unless material facts were
			 omitted or misstated by the person requesting guidance. Nothing in this
			 subsection shall prevent the executive director or the commission from
			 investigating alleged violations of chapter
			 84 or
			 97,
			 HRS.
(b) Any individual seeking
			 formal written guidance from the commission itself may request an advisory
			 opinion. All requests for advisory opinions made to the commission shall be in
			 writing and shall contain:
(1) The name of the
			 requester;
(2) The state agency for
			 which the requester works, if applicable;
(3) The requester's position in the state
			 agency, if applicable;
(4) The nature
			 and duties of the requester's state employment, if applicable;
(5) The date of the request;
(6) The requester's mailing address and
			 electronic mail address;
(7) The
			 requester's telephone number;
(8) A
			 complete statement of the facts and circumstances upon which the commission can
			 make a determination; and
(9) The
			 signature, digital or otherwise, of the requester.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 4 - STATE ETHICS COMMISSION ADVISORY OPINIONS › Section 21-4-2 - Rendering of advisory opinion

Current through June, 2024
(a) An advisory
			 opinion shall be in writing and signed by all commissioners subscribing to the
			 opinion. It shall be considered rendered when it is signed and delivered,
			 personally or via electronic mail or first-class mail.
(b) Any commissioner who agrees with the
			 commission's opinion but for different reasons than as stated may file a written
			 concurring opinion; any member of the commission who disagrees with the
			 commission's opinion may file a written dissenting opinion, which shall be placed
			 at the end of the majority opinion or at the end of the concurring opinion, if
			 any.
(c) An Unredacted advisory
			 opinion shall be issued to the person requesting the opinion within thirty days
			 of the request being filed with the commission pursuant to section
			 21-4-1(c). The
			 person requesting the opinion may authorize the commission to publish the
			 unredacted advisory opinion; however, the commission retains the discretion to
			 redact the opinion prior to publication,
(d) The commission shall provide the person
			 requesting the opinion with a draft redacted opinion via electronic mail or
			 first-class mail within forty-five days of rendering the unredacted opinion. The
			 person requesting the opinion shall have fifteen days from receipt of the
			 redacted opinion in which to provide comments to the commission. The commission
			 shall have thirty days from the expiration of the fifteen-day period or receipt
			 of comments, whichever comes first, in which to publish the redacted opinion. The
			 commission may extend these deadlines by request or on its own motion for good
			 cause shown.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 5 - STATE ETHICS COMMISSION INVESTIGATIONS, CHARGES, CONTESTED CASES, AND SETTLEMENT AGREEMENTS › Section 21-5-2 - Investigations; charges initiated by the commission

Current through June, 2024
(a) Any individual
			 may submit information to the executive director alleging a violation of chapter
			 84 or
			 97, HRS.
			 Such information may be offered anonymously and need not be provided under
			 oath.
(b) The executive director may
			 investigate any matter upon the receipt of information indicating a possible
			 violation of chapter
			 84 or
			 97, HRS.
			 The executive director may also investigate any matter at the request of the
			 commission or on the executive director's own initiative.
(c) The executive director may refer any
			 complainant to another agency as appropriate.
(d) The executive director shall determine
			 whether and how to investigate a matter and whether to request from the
			 commission a resolution to investigate the matter pursuant to subsection (e). At
			 any time prior to requesting a resolution to investigate, the executive director
			 may close any investigation.
(e) In
			 investigating any matter prior to obtaining a resolution to investigate from the
			 commission, the executive director may review publicly available documents or
			 documents maintained by the State; the executive director may also interview
			 legislators, employees, other appointed or elected officials, or the alleged
			 violator. Investigations shall not extend to interviews of other persons unless
			 the commission, in its discretion, issues a resolution to investigate,
(f) A resolution to investigate issued by the
			 commission shall define the nature and scope of the investigation and be
			 supported by a vote of three or more members of the commission.
(g) If after investigation at least three
			 commissioners decide that a charge should be initiated, the charge shall be
			 issued in writing and signed by at least three commissioners.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 5 - STATE ETHICS COMMISSION INVESTIGATIONS, CHARGES, CONTESTED CASES, AND SETTLEMENT AGREEMENTS › Section 21-5-2.1 - Charges initiated by a member of the public

Current through June, 2024
(a) Any individual
			 may file a charge with the commission. All charges shall contain a short and
			 simple statement of the facts constituting the alleged violation, the name of the
			 respondent, and the name and contact information of the individual filing the
			 charge. The charge shall be signed by the person making the charge under oath,
			 declaring under penalty of perjury that the allegations are true and correct to
			 the best of the person's knowledge. The executive director may investigate such
			 charges pursuant to section
			 21-5-1.5.
(b) Where it appears that a document submitted
			 to the commission is intended to be a charge, but the document does not comply
			 with subsection (a), the commission shall notify the filer of the insufficiency.
			 The executive director may investigate the matter in accordance with section
			 21-5-2 but shall not treat the
			 document as a charge until the insufficiency is corrected.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 5 - STATE ETHICS COMMISSION INVESTIGATIONS, CHARGES, CONTESTED CASES, AND SETTLEMENT AGREEMENTS › Section 21-5-2.2 - Confidentiality in investigations

Current through June, 2024
(a) The executive
			 director shall investigate all matters confidentially and shall not disclose
			 non-public details of an investigation except as necessary to conduct the
			 investigation, provided that the executive director may, on a confidential basis
			 and at any time, disclose information or refer any matter to any governmental law
			 enforcement agency and may likewise disclose information or refer any
			 administrative matter to the relevant agency administrator for further action as
			 warranted.
(b) The commission's
			 records relating to a charge or investigation are otherwise confidential and are
			 not open to inspection by any person except as specifically required by chapter
			 84 or
			 97, HRS,
			 or these rules.
(c) The executive
			 director may, during the pendency of an investigation, request legislators and
			 employees to refrain from disclosing information regarding the investigation that
			 the legislator or employee learns from the commission or its staff if the
			 executive director determines that such request is necessary to maintain the
			 integrity of the investigation or for another compelling reason. Such request
			 shall be as limited in time and scope as is necessary and practicable under the
			 circumstances. Nothing herein shall prevent any legislator or employee from
			 discussing a matter with the legislator's or employee's attorney, lodging a
			 complaint with any governmental entity as allowed by law, or exercising the
			 constitutional right to free speech.
(d) At the conclusion of an investigation, the
			 executive director may notify the complainant and the alleged violator or
			 respondent that the investigation has been closed. The executive director may
			 reveal additional information regarding the resolution of an investigation if
			 necessary to prevent retaliation against the complainant or witnesses, to provide
			 guidance on or to prevent other violations of chapter
			 84 or
			 97, HRS,
			 or for other good cause as directed by the commission.
(e) Nothing in these rules shall require the
			 commission to reveal the source of any matter under investigation.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 5 - STATE ETHICS COMMISSION INVESTIGATIONS, CHARGES, CONTESTED CASES, AND SETTLEMENT AGREEMENTS › Section 21-5-2.3 - Cooperation with commission investigations

Current through June, 2024
(a) Every department,
			 division, board, bureau, commission, or other agency of the State shall cooperate
			 and assist the commission in the performance of the commission's
			 duties.
(b) In response to a request
			 for documents by the commission, every department, division, board, bureau,
			 commission, or other agency of the Slate shall provide such documents within ten
			 business days unless extenuating circumstances exist. Extenuating circumstances
			 exist when;
(1) The request requires extensive
			 efforts to search, review, or segregate the records, or otherwise prepare the
			 records for copying and transmittal to the commission;
(2) The agency requires additional time to
			 respond to the request to avoid an unreasonable interference with its other
			 statutory duties or functions; or
(3)
			 A natural disaster or other situation beyond the agency's control prevents the
			 agency from responding to the request within ten business
			 days.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 5 - STATE ETHICS COMMISSION INVESTIGATIONS, CHARGES, CONTESTED CASES, AND SETTLEMENT AGREEMENTS › Section 21-5-2.4 - Investigatory interviews

Current through June, 2024
(a) The commission,
			 by subpoena, may compel the attendance of witnesses, alleged violators, or
			 respondents at investigative interviews with the executive director.
(b) The interviewee may be accompanied by the
			 interviewee's counsel or union representative and may record the
			 interview.
(c) Any interview
			 conducted by the commission or the executive director may, at the commission's or
			 executive director's discretion, be conducted under oath, recorded transcribed by
			 court reporter, or any combination thereof.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 5 - STATE ETHICS COMMISSION INVESTIGATIONS, CHARGES, CONTESTED CASES, AND SETTLEMENT AGREEMENTS › Section 21-5-2.5 - Legal counsel

Current through June, 2024
(a) A party, at the party's own expense, may be
			 represented by legal counsel at any stage of the proceeding before the commission
			 or hearing officer.
(b) Substitution
			 of legal counsel shall be effective upon filing of a notice of the substitution
			 by the party represented.
(c)
			 Withdrawal of legal counsel in the absence of a concurrent substitution shall be
			 effective only upon the approval of the commission or hearing officer and shall
			 be subject to the guidelines of the Hawaii rules of professional conduct and
			 other applicable law.
(d) No party
			 shall substitute or withdraw legal counsel for the purpose of delaying a
			 proceeding. Substitution or withdrawal of counsel less than thirty days before
			 the contested case hearing shall not be considered sufficient person continue the
			 hearing, unless good cause is shown.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 5 - STATE ETHICS COMMISSION INVESTIGATIONS, CHARGES, CONTESTED CASES, AND SETTLEMENT AGREEMENTS › Section 21-5-2.6 - Individual representing party

Current through June, 2024
When an attorney or union representative, acting in a
				representative capacity on behalf of a party, appears in a proceeding or signs a
				document submitted to the commission or hearing officer, that personal appearance
				or signature shall constitute a representation that the individual is lawfully
				authorized and qualified to so act. The individual at any time, however, may be
				required by the commission or hearing officer to furnish proof of authorization
				and qualification to act in that capacity.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 5 - STATE ETHICS COMMISSION INVESTIGATIONS, CHARGES, CONTESTED CASES, AND SETTLEMENT AGREEMENTS › Section 21-5-2.7 - Procedure upon issuance of charge; further statement of alleged violation

Current through June, 2024
(a) Upon issuance of a charge by the commission
			 or a member of the public, the commission shall notify the respondent of the
			 charge in writing in accordance with section
			 21-2-4(d).
(b) The respondent shall have twenty days after
			 service thereof to answer the charge in writing. Requests to extend the time to
			 answer shall be made pursuant to section
			 21-2-3.
(c) The answer shall specifically admit, deny,
			 or explain the charges filed against the respondent and shall set forth any other
			 matter constituting an avoidance or affirmative defense.
(d) After reviewing the answer and conducting
			 any further investigation as warranted, the commission may close the matter,
			 settle the matter on any terms it deems fair and in the public interest, issue an
			 informal advisory opinion, or issue a further statement of alleged
			 violation.
(e) Upon issuance of a
			 further statement of alleged violation, the commission shall enter an order
			 erecting a firewall between the commission and its counsel, on one side, and the
			 executive director, as charge counsel, on the other. Neither charge counsel nor
			 the respondent shall have ex parte communications with the commission or its
			 counsel by discussing or sharing information about substantive matters pertaining
			 to the case. The executive director shall independently supervise and direct how
			 the case against the respondent will be presented, argued, and otherwise
			 conducted. Legal staff designated as commission counsel shall not be subject to
			 supervision or direction by the executive director or other charge counsel on
			 matters relating to the case.
(f) The
			 executive director shall prosecute each case, provided that, when the party
			 filing the charge is not the commission, that party may move to prosecute the
			 case. Such motion shall be filed no later than five days following publication of
			 the notice of hearing as set forth in section
			 21-5-5. In considering the motion,
			 the commission shall consider whether the movant has the ability to prosecute the
			 case, whether the further statement of alleged violation includes allegations
			 beyond those included in the charge, and whether granting the motion is in the
			 public interest.
(g) The respondent
			 shall have twenty days after service of the further statement of alleged
			 violation to answer in writing. The answer shall specifically admit, deny, or
			 explain the charges filed against the respondent and shall set forth any other
			 matter constituting an avoidance or affirmative defense.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 5 - STATE ETHICS COMMISSION INVESTIGATIONS, CHARGES, CONTESTED CASES, AND SETTLEMENT AGREEMENTS › Section 21-5-3.5 - Status conference

Current through June, 2024
At any time the commission may request the respondent's
				attendance at a status conference to obtain further information from the
				respondent, discuss settlement with the respondent, or otherwise seek a fair and
				efficient resolution of any matter.
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 5 - STATE ETHICS COMMISSION INVESTIGATIONS, CHARGES, CONTESTED CASES, AND SETTLEMENT AGREEMENTS › Section 21-5-5 - Contested hearings; notice of hearing

Current through June, 2024
(a) The commission
			 shall give at least fifteen days' notice to the respondent prior to a contested
			 hearing, unless such notice is waived in writing by the respondent. The notice
			 shall slate the date, time, place, and nature of the hearing; the legal authority
			 under which the hearing is held; the particular sections of the statutes or rules
			 involved; and the fact that the respondent may retain counsel If
			 desired.
(b) The hearing 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 a hearing by the
			 commission.
(c) The commission shall
			 publish the notice of hearing, along with the charge, further statement of
			 alleged violation, and any responses thereto, on its website within a reasonable
			 period of time after issuance of the notice of hearing,
Hawaii Administrative Rules › Title 21 - LEGISLATIVE AGENCIES › Chapter 5 - STATE ETHICS COMMISSION INVESTIGATIONS, CHARGES, CONTESTED CASES, AND SETTLEMENT AGREEMENTS › Section 21-5-6.5 - Motions

Current through June, 2024
(a) All motions other than those made during a
			 hearing shall be made in writing, shall state the relief sought, and shall be
			 accompanied by an affidavit, or declaration, or memorandum setting forth the
			 grounds upon which the motions are based. The presiding officer shall set the
			 time for filing all motions and opposing memoranda, if any.
(b) Copies of all motions, affidavits,
			 declarations, and memoranda shall be served on all other parties to the hearing
			 within the time set by the presiding officer. The original shall be filed with
			 the commission with a certificate of service.
(c) Failure to serve or file an affidavit,
			 declaration, or memorandum in opposition to a motion or failure to appear at the
			 hearing on the motion, if held, shall be deemed a waiver of objection to the
			 granting or denying of the motion unless otherwise ordered by the
			 commission.