reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 9 - GENERAL ARTICLE › Section 7-9-33 - Wearing unauthorized insignia, decoration, badge, ribbon or lapel button

Current through June, 2024
(a) A model
				specification of the offense of wearing unauthorized insignia, decoration,
				badge ribbon, or lapel button shall be as follows:
"In that_____________________did, on or
				  about_____________________19__, wrongfully and without authority wear upon
				  his/her (uniform) (civilian clothing) [the insignia of grade of a (master
				  sergeant of_____________________) (chief gunner's mate
				  of_____________________)] [the Combat Infantryman Badge] [the Distinguished
				  Service Cross] [the ribbon representing the Silver Star] [the label button
				  representing the Legion of Merit] [_____________________]."
(b) The elements of the offense of wearing
				unauthorized insignia, decoration, badge ribbon, or lapel button shall be as
				follows:
(1) That, at the time and place
				alleged the accused wore upon the accused's uniform or civilian clothing an
				insignia, badge, or decoration;
(2)
				That the wearing was wrongful and without authority; and
(3) That, under the circumstances, the
				conduct of the accused was to the prejudice of good order and discipline in the
				state military forces.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 31 - SERVICES TO VETERANS › Section 7-31-1 - Definitions

Current through June, 2024
As used in this chapter:
"Dependent of a veteran" means any person who received from a
				  veteran the principal support prior to entry or following entry of the veteran
				  into any of the armed services or following the veteran's discharge from any of
				  the armed services. It includes a dependent of a person currently serving in
				  the service and a former dependent of a discharged or deceased veteran and of a
				  person who has died in such service. It shall not include a dependent of a
				  person discharged under other than honorable conditions.
"Director" means the director of the office of veterans'
				  services as defined in section
				  363-1, HRS.
"Office means the office of veterans' services as defined in
				  section
				  363-1, HRS.
"Services to veterans" means services focused on assisting a
				  veteran, the veteran's dependents, or both, to obtain federal as well as state
				  benefits by providing information about available rights and benefits, making
				  referrals to appropriate agencies, and providing counseling and assistance in
				  filling out forms as provided in sections
				  363-1 to
				  363-3,
				  HRS.
"Veteran" means any person who has served in any of the armed
				  services of the United States, or any person who is now a citizen of the United
				  States who has served in any of the armed services of any country which was an
				  ally of the United States in any war or campaign in which the United States was
				  also engaged and has been discharged from service."
"VBGP" means the veterans burial grant program.
"World War II (WWII) Filipino veteran" means any Filipino
				  veteran, who is now a citizen of the United States, who served honorably in an
				  active duty status in any of the armed services of the United States between
				  September 1, 1939 and December 31, 1946.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 31 - SERVICES TO VETERANS › Section 7-31-2 - Eligibility requirements for service

Current through June, 2024
(a) The following
				shall be eligible for veterans' services from the office:
(1) Any veteran as defined in section
				7-31-1;
(2) Any member of the
				military currently on active duty who re-enlists in the armed services and any
				officer currently on active duty shall be assisted if the service is not
				available to the individual as an active duty personnel; and
(3) Any dependent as defined in section
				7-31-1.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 31 - SERVICES TO VETERANS › Section 7-31-4 - Scope of services to veterans › Section 7-31-4.1 - Special housing for disabled veterans

Current through June, 2024
(a) The office
				  shall assist with specially designed homes for disabled veterans under which
				  the office shall provide a grant not to exceed $5,000 to remodel or purchase a
				  home for a disabled veteran in accordance with section
				  363-11,
				  HRS.
(b) The office shall not
				  expend more than the appropriated amounts per the State's fiscal year for the
				  provision of grants for specially designed homes for disabled
				  veterans.
(c) The grants specified
				  in this section shall be contingent on the availability of funds for this
				  purpose.
(d) To qualify for this
				  grant, all of the following requirements shall be met:
(1) The veteran shall be approved for a
				  federal grant under the United States Department of Veterans Affairs' Specially
				  Adapted Housing program;
(2) The
				  veteran shall have been a bona fide resident of the State before entering
				  active service with the armed forces;
(3) The veteran shall be physically residing
				  in the State at the time the federal grant is approved as well as at the time
				  the application for the grant and receipt of the State grant are
				  made;
(4) The veteran's home shall
				  be used for the purpose of establishing permanent, and not temporary, residency
				  in the State;
(5) The home the
				  veteran is remodeling or purchasing shall be in the State;
(6) The veteran shall formally apply for the
				  grant by completing the form designated by the office;
(7) The office shall verify statements to
				  establish that the veteran meets the eligibility requirements for the grant,
				  such as verification of Hawaii residency through state income tax information
				  which the veteran shall produce; and
(8) The application shall be approved by the
				  director of the office.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 31 - SERVICES TO VETERANS › Section 7-31-4 - Scope of services to veterans › Section 7-31-4.2 - World War II (WWII) Filipino veterans burial grant program (VBGP)

Current through June, 2024
(a) The office shall assist with the VBGP for
				  the burial of WWII Filipino veterans, under which the office shall provide a
				  grant, not to exceed $2000, to reimburse funeral and burial expenses or the
				  cost of transporting the remains to the Philippines.
(b) The office shall not expend more than the
				  appropriated amount for the State's fiscal year for the provision of the VBGP
				  grant for the funerals and burials or transportation of remains of WWII
				  Filipino veterans.
(c) Eligibility
				  for the VBGP shall be limited to a World War II Filipino veteran who died on or
				  after July 1, 1994, and who was, at the time of death, a:
(1) United States citizen;
(2) Resident of the State of Hawaii;
				  and
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 31 - SERVICES TO VETERANS › Section 7-31-4 - Scope of services to veterans › Section 7-31-4.3 - Disbursement of World War II Filipino veterans burial grant funds

Current through June, 2024
(a) The office may use the Filipino veterans
				  burial grant program for those World War II Filipino veterans who are not
				  eligible for interment in a state or federal veterans cemetery and shall make
				  payment directly to a mortuary or crematory for funeral and burial services,
				  and for transport of the remains of eligible World War II Filipino veteran to
				  the Philippines upon submission of an itemized unpaid invoice.
(b) As used in this section, "World War II
				  Filipino veteran," means a Filipino veteran who enlisted in World War II
				  between October 6, 1945, and June 30, 1947, was discharged under conditions
				  other than dishonorable and who at the time of the veteran's death, was a
				  United States citizen and a resident of the State of Hawaii.
(c) Applications for a World War II Filipino
				  veterans burial grant under this section:
(1)
				  Must be made by a World War II Filipino veteran's survivor or an interested
				  party; and
(2) Must be made on an
				  appropriate form designated by the office and be accompanied by an itemized
				  unpaid invoice reflecting services that have been satisfactorily performed on
				  behalf of the deceased World War II Filipino veteran and any supporting
				  documentation requested by the office.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 31 - SERVICES TO VETERANS › Section 7-31-5 - Authorization for service

Current through June, 2024
Services to veterans shall be authorized for individuals
				  meeting eligibility requirements as specified in sections
				  7-31-2,
				  7-31-4, and
				  7-31-4.1.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 31 - SERVICES TO VETERANS › Section 7-31-6 - Termination of service

Current through June, 2024
Services to veterans shall be terminated when one or both of
				  the following conditions exist:
(1)
				The veteran's request for information and referral services, or aid and
				assistance services, or both, as provided in sections 7-31-4 and 7-31-4.1 have
				been completed; or
(2) The veteran
				no longer desires assistance and voluntarily terminates contact with the
				agency.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 32 - HAWAII STATE VETERANS CEMETERY RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 7-32-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish rules for the
					 Hawaii state veterans cemetery on Oahu.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 32 - HAWAII STATE VETERANS CEMETERY RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 7-32-2 - Definitions

Current through June, 2024
As used in this chapter unless otherwise provided:
"Armed forces" means the United States Army, Navy, Marine
					 Corps, Coast Guard, and Air Force or any women's auxiliary branch thereof,
					 organized pursuant to an Act of Congress.
"Cemetery" means the Hawaii state veterans cemetery.
"Designated cemetery official" means those persons so
					 designated by the director to act as agents for the Hawaii state veterans
					 cemetery.
"Columbarium" means a structure with niches for the
					 inurnment of human remains.
"Director" means the director of the office of veterans'
					 services as defined in section
					 363-2,
					 HRS.
"Grave" means the space of ground in the cemetery used, or
					 intended to be used, for burial of human remains.
"Hawaii state veterans cemetery" means that cemetery
					 located at 45-349 Kamehameha Highway, Kaneohe, on the parcel identified as tax
					 map key 4-5-33-2, and any future additions.
"Interment" means the disposition of human remains by
					 burial or inurnment.
"Inurnment" means the placement of cremated remains in a
					 plot or in a niche.
"Liner" means a grave liner or vault as defined by the
					 director.
"Niche" means a space in a columbarium used, or intended to
					 be used, for inurnment of cremated human remains.
"Office" means the office of veterans' services.
"Public records" means records and information available
					 for public inspection as provided by state or federal law.
"Space" means area in the cemetery used, or intended to be
					 used, for interment or inurnment of human remains.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 32 - HAWAII STATE VETERANS CEMETERY RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 7-32-3 - Authority; supervision

Current through June, 2024
(a) The director
				  and a designated cemetery official shall be authorized to enforce this
				  chapter.
(b) A designated cemetery
				  official shall have charge of the grounds and buildings, and at all times shall
				  supervise and control all persons in the cemetery, including the conduct of
				  funerals, ceremonies, traffic, employees, and visitors.
(c) Anyone violating this chapter may have
				  their permission to enter or remain upon the cemetery premises revoked by the
				  director or a designated cemetery official.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 32 - HAWAII STATE VETERANS CEMETERY RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 7-32-4 - Hours

Current through June, 2024
(a) The director or a designated cemetery
				  official shall establish a reasonable schedule of visiting hours for all or
				  portions of the cemetery and close or restrict public use of all or any portion
				  thereof, when necessary for the protection of the area, maintenance, upkeep,
				  construction, or the safety and welfare of persons or property, by the posting
				  of appropriate signs indicating the extent and scope of closure.
(b) All persons shall observe and abide by
				  the officially posted signs designating closed areas and visiting
				  hours.
(c) Hours of operation for
				  the cemetery are:
(1) Visitors: Sunrise to
				  sunset, in coordination with the gate opening and closing schedule of the
				  Hawaiian Memorial Park Cemetery.
(2) Office: 7:45 a.m. to 4:30 p.m.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 32 - HAWAII STATE VETERANS CEMETERY RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 7-32-5 - Visitors

Current through June, 2024
(a) Visitors may be admitted during the hours
				  the cemetery is open.
(b) Visitors
				  shall not be permitted to:
(1) Litter the
				  grounds;
(2) Cut, break, remove, or
				  injure trees, shrubs, grass, or other plantings;
(3) Use the cemetery for any form of sports
				  or recreation, including but not limited to:
(A) Jogging;
(B) Skate boarding;
(C) Bicycling;
(D) Picnicking;
(E) Ball playing;
(F) Consumption of intoxicating beverages or
				  illegal use of controlled substances;
(G) Loitering;
(H) Pets. This section shall not apply to
				  seeing-eye dogs accompanying their masters.
(I) Any service, ceremony or demonstration,
				  except as authorized by a designated cemetery official.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 32 - HAWAII STATE VETERANS CEMETERY RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 7-32-6 - Traffic control

Current through June, 2024
(a) The director or
				  a designated cemetery official shall adopt such rules as may be necessary to
				  manage, provide for safety and to control traffic including, but not limited
				  to, the operation and parking of sightseeing or chartered buses or other
				  vehicles.
(b) The speed of vehicles
				  in the cemetery may not exceed posted speeds.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 32 - HAWAII STATE VETERANS CEMETERY RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 7-32-7 - Fee structure

Current through June, 2024
(a) By law, the
				  State holds title to all gravesites.
(b) There shall be no charge for the
				  gravesite or its perpetual care, however;
(c) To compensate for the opening and closing
				  of graves the following fee structure is in effect:
(1) For interment of veterans,
(A) The State shall receive the veteran's
				  plot allowance.
(B) The State shall
				  supply a liner or the representative may purchase another liner if that liner
				  meets the guidelines defined by the director and incurs no cost to the
				  State.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 32 - HAWAII STATE VETERANS CEMETERY RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 7-32-8 - Flags

Current through June, 2024
(a) The United States flag shall be flown
				  over the cemetery continually.
(b)
				  The flag shall be flown at half-staff on Memorial Day and during interment
				  services and wreath-laying ceremonies.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 32 - HAWAII STATE VETERANS CEMETERY RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 7-32-9 - Floral, decorative, and commemorative objects

Current through June, 2024
(a) Cut
				  natural flowers, wreaths, and sprays in containers may be placed on, but not
				  attached to, graves or in designated areas in the columbarium at any
				  time.
(b) The religious convention
				  of placing fruit, beverages, and religious artifacts on the graves shall be
				  allowed.
(c) Potted plants shall be
				  permitted only during the period ten days before and ten days after Easter
				  Sunday, Christmas Day, Hana Matsuri, O-Bon.
(d) Potted plants, permanent plantings,
				  artificial flowers, statues, vigil lights, commemorative items, or toys shall
				  not be permitted, except as provided in this section.
(e) Floral displays shall be removed by
				  cemetery personnel when faded or withered.
(f) Glass containers or objects shall not be
				  allowed at any time.
(g) Any type
				  of adhesive tape or wire or metal fasteners shall not be used to attach objects
				  to headstones or columbaria walls. Only wood products shall be used to hold
				  objects on gravestones.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 32 - HAWAII STATE VETERANS CEMETERY RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 7-32-10 - Memorialization

Current through June, 2024
No person shall make or install any monument, memorial,
					 tablet, or other commemorative installation, except with the written permission
					 of the director or a designated cemetery official.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 32 - HAWAII STATE VETERANS CEMETERY RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 7-32-11 - Gifts, devises, or bequests

Current through June, 2024
(a) The director
				  may prescribe restrictions and accept non-monetary gifts, devises, or bequests
				  which are beneficial to the cemetery.
(b) Gifts, devises, or bequests shall be
				  accepted only after it has been determined that the donor has a clear
				  understanding that title thereto passes to, and shall be vested in, the office,
				  and that the donor relinquishes all control over the future use or disposition
				  of the gift or donation, except as agreed upon between the director and the
				  donor.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 32 - HAWAII STATE VETERANS CEMETERY RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 7-32-12 - Public information and public records

Current through June, 2024
(a) All public
				  records shall be available for inspection in the office.
(b) Public records printed or reproduced by
				  the office may be given to any person requesting the same and paying the
				  reasonable cost thereof, including the cost of reproduction and mailing, or
				  where a charge is specified by law or by rule, such specified
				  charges.
(c) Requests for public
				  information, for permission to inspect public records, or for copies of public
				  records shall be made in writing to the director.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 32 - HAWAII STATE VETERANS CEMETERY RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 7-32-13 - Corrections

Current through June, 2024
The director or a designated cemetery official shall have
					 the right to correct any errors that may be made by it, either in making
					 interments or disinterments, or in setting the grave marker, and reserves the
					 right to correct any errors in its official records of interments and
					 graves.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 32 - HAWAII STATE VETERANS CEMETERY RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - ELIGIBILITY › Section 7-32-14 - Eligibility for burial

Current through June, 2024
(a) Title 38, part
				  1, section 620 of the Code of Federal Regulations, as it existed on August 23,
				  1989, shall govern the procedures pertaining to eligibility for interment in
				  the cemetery.
(b) The burden of
				  proof of eligibility for burial in the cemetery shall be on the applicant for
				  such burial.
(c) A designated
				  cemetery official shall determine the eligibility of a person for interment or
				  inurement in the cemetery in accordance with this chapter and shall issue such
				  determination in writing.
(d) In
				  questionable cases relating to character of discharge and verifying service
				  information, eligibility shall be based on a determination by the United States
				  Department of Veterans Affairs regional office concerning the character of
				  discharge and verification of service information.
(e) A veteran, representative, or next of kin
				  may appeal any determination of a designated cemetery official as provided
				  under subsection (c) regarding the eligibility of a veteran, or dependent, for
				  burial in the cemetery.
(1) The appeal shall
				  be in writing, shall include all information to be considered as the basis of
				  the appeal, and shall be filed with the director no more than seven days after
				  notification of the initial determination made by a designated cemetery
				  official;
(2) Chapter
				  91, Hawaii Revised Statutes, shall
				  govern the appeal hearing process;
(3) The director shall render a decision in
				  writing no more than seven days after conclusion of the hearing on the
				  appeal;
(4) The veteran,
				  representative, or next of kin filing the appeal may, pursuant to chapter
				  91, Hawaii Revised Statutes, request
				  an expedited appeal by agreeing to modify or waive any procedure and informally
				  dispose of any case by stipulation, agreed settlement, consent order, or
				  default of the parties and the director shall respond to the appeal within
				  three working days of its submission.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 32 - HAWAII STATE VETERANS CEMETERY RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - ELIGIBILITY › Section 7-32-15 - Persons eligible for interment or inurement

Current through June, 2024
Persons eligible for interment or inurement shall
					 include:
(a) Any former member or
				  member of the armed forces who was born in Hawaii, or was a resident of Hawaii
				  at entrance to or separation from the armed forces, or was a resident of Hawaii
				  for two continuous years, or was a resident of Hawaii for six months prior to
				  the time of death, or showed intention to become a resident; and
(1) Died while serving on active
				  duty;
(2) Served as an active
				  member of the armed forces and was honorably discharged or released under
				  honorable conditions;
(3) Any
				  citizen of the United States who, during any war in which the United States has
				  been or may hereafter be engaged, served in the armed forces of any government
				  allied with the United States during that war, whose last such service
				  terminated honorably, who was a citizen of the United States at the time of
				  entry in such service and at the time of death; or
(4) Served as a member of a reserve component
				  of the armed forces, the Army National Guard, the Air National Guard, or the
				  Reserve Officers' Training Corps of the Army, Navy, or Air Force and whose
				  death occurred under honorable conditions while serving on active duty for
				  training or performing full-time service, or while hospitalized or undergoing
				  treatment for service-related conditions.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 32 - HAWAII STATE VETERANS CEMETERY RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - OPERATIONS › Section 7-32-16 - Interment, inurnment

Current through June, 2024
(a) The State shall
				  open and close the grave in accordance with the fee schedule established in
				  this chapter and furnish perpetual care without charge.
(b) All graves shall be equal, have a uniform
				  type of flat marker. Military rank or civilian stature shall be given no
				  consideration in selection of the grave, and the space selection shall be made
				  by a designated cemetery official.
(c) Reservation of space shall not be
				  allowed.
(d) The funeral director
				  shall be responsible for making interment arrangements for an eligible
				  decedent. The funeral director shall submit all documents as may be required or
				  requested by the office to determine the eligibility of the decedent to be
				  interred in the cemetery.
(e) Three
				  working days notice shall be given to schedule the interment or inurnment in
				  the cemetery.
(f) All applications
				  for burial in the cemetery shall be processed by a designated cemetery official
				  who shall determine the eligibility of the decedent to be interred.
(g) After the decedent has been determined
				  eligible, the burial shall be scheduled after consultation with the funeral
				  director, and under no circumstances shall a burial be arranged by the funeral
				  director without first securing approval from a designated cemetery
				  official.
(h) All expenses incurred
				  by the survivors or representative for the funeral services and supplies
				  provided by a funeral director of their choice and transportation shall be the
				  responsibility of the survivors or representative.
(i) All funerals on entering the cemetery
				  shall be under the supervision of a designated cemetery official.
(j) Services shall be held at the committal
				  shelter. Every effort shall be made to accommodate special religious traditions
				  by individual arrangements with a designated cemetery official.
(k) Arranging for military honors shall be
				  the responsibility of the next of kin, representative or funeral director, not
				  the cemetery.
(l) Graves shall be
				  closed as soon as practicable after the interment session or before the close
				  of that business day.
(m) Graves
				  shall be temporarily marked using a temporary grave marker until the department
				  of veterans affairs provides the permanent marker for each grave.
(n) Each grave shall be marked with a marker
				  furnished by the department of veterans affairs. Ordering of markers shall be
				  the responsibility of the cemetery. No other parties may order a marker for
				  placement within the cemetery.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 32 - HAWAII STATE VETERANS CEMETERY RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - OPERATIONS › Section 7-32-17 - Disinterment

Current through June, 2024
(a) Interment of eligible decedents shall be
				  considered to be permanent and final.
(b) Disinterment and removal of remains shall
				  be permitted only with the prior approval of the director.
(c) All arrangements and all expenses in
				  connection with a disinterment shall be the responsibility of the requesting
				  individual or agency. These arrangements shall include compliance with the
				  local and State health laws or rules, engagement of a funeral director to
				  accomplish the disinterment, necessary re-casketing of the remains,
				  rehabilitation of the old grave, and compliance with any special instruction of
				  the director.
(d) Disinterments
				  shall be supervised at the gravesite by the director or a designated cemetery
				  official.
(1) Special care and concern shall
				  be shown for adjacent graves and markers.
(2) Cemetery personnel shall reopen the grave
				  down to one foot above the top of the grave liner vault or casket.
(A) Cemetery personnel shall not otherwise
				  participate in any other aspect of the disinterment operation.
(B) No charge shall be made for the
				  supervision and reopening of the grave to the extent indicated above.
Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 2 - OFFICE OF VETERANS' SERVICES › Chapter 32 - HAWAII STATE VETERANS CEMETERY RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - OPERATIONS › Section 7-32-18 - Directed exhumation

Current through June, 2024
(a) Federal and
				  Hawaii court orders directing exhumations shall be honored.
(b) Exhumations on the basis of orders issued
				  by out-of-State courts, or courts of questionable authority, shall be conducted
				  if such orders are enforceable in Hawaii.
(c) The issuing court must indicate the final
				  disposition of the exhumed remains.
(d) Exhumation activities shall be
				  coordinated with the ordering court and carried out under the supervision of
				  the director or a designated cemetery official.
(1) If the remains are to be permanently
				  removed from the cemetery, arrangements shall be made for immediate removal and
				  the grave may be reused.
(2) If the
				  remains are to be reinterred in the cemetery, the same grave shall be
				  used.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 1 - RULES OF GENERAL APPLICABILITY › Section 8-1-1 - General

Current through June, 2024
This chapter governs the procedures of the board of education
				  of the State of Hawaii under chapter
				  296, Hawaii Revised Statutes, and the
				  Hawaii Administrative Procedure Act, and other related acts as may now or
				  hereafter be administered by the board of education.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 1 - RULES OF GENERAL APPLICABILITY › Section 8-1-2 - Definitions

Current through June, 2024
(a) As used in this chapter, unless the
				context specifically requires otherwise:
"Board"
means the board of education.
"Department"
means the department of
				  education.
"Party"
means each person or agency named or
				  admitted as a party, or properly seeking and entitled as of right to be
				  admitted as a party in a proceeding.
"Persons"
includes individuals,
				  partnerships, corporations, associations, or public or private organizations of
				  any character other than agencies.
"Petitioner"
means the party on whose behalf
				  a petition or application is made in proceedings involving petitions or
				  applications for permission or authorization which the board may give under
				  statutory or other authority delegated to it.
"Proceedings"
means the board's elucidation
				  of the relevant facts and applicable law, consideration thereof and action
				  thereupon with respect to a particular subject within the board's
				  jurisdiction.
"Superintendent"
means the superintendent of
				  education.
(b) Unless
				otherwise specifically stated, the terms used in rules adopted by the board
				pursuant to powers granted by statute shall have the meaning defined by that
				statute.
(c) A rule which defines a
				term without express reference to the statute or to the rules or a portion
				thereof, defines the term for all purposes as used both in the statute and in
				the rules, unless the context otherwise specifically requires.
(d) Words importing the singular number may
				extend and be applied to several persons or things; words importing the plural
				may include the singular; and words importing the masculine gender may be
				applied to females.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 1 - RULES OF GENERAL APPLICABILITY › Section 8-1-3 - The board

Current through June, 2024
(a) The office of the board is in Honolulu,
				Hawaii. All communications to the board shall be addressed to the Board of
				Education Department of Education,State of Hawaii, Honolulu,Hawaii, unless
				otherwise specifically directed.
(b) The office of the board shall be open
				from 7:45 a.m. to 4:30 p.m. of each weekday except Saturday unless otherwise
				provided by statute or executive order.
(c) The board meets and exercises its powers
				in any part of the State. The board may meet in executive session, from which
				the public may be excluded, by a recorded vote of not less than two-thirds of
				the total membership of the board. However, no order, ruling, contract,
				appointment or decision shall be finally acted upon at an executive
				session.
(d) As specifically
				provided by section 296-6, Hawaii Revised Statutes, a majority of all members
				to which the board is entitled shall constitute a quorum to transact business.
				The concurrence of a majority of all the members to which the board is entitled
				shall be necessary to make any act of the board valid.
(e) The superintendent shall:
(1) Be responsible for carrying out the
				policies formulated by the board.
(2) Have charge of the board's official
				records and shall be responsible for the maintenance and custody of the docket,
				files, and records including the transcripts of testimony and exhibits, with
				all papers and requests filed in proceedings, the minutes of all action taken
				by the board, and all its findings, determinations, reports, opinions, orders,
				rules, and approved forms.
(3)
				Prepare and have published for the board an annual report of the department's
				activities, including a summarized fiscal statement which shall be transmitted
				to the governor and to members of the legislature.
(4) Be authorized to sign all official
				documents of the department, and all orders and other actions of the boar shall
				be authenticated or signed by the superintendent or other persons authorized by
				the board.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 1 - RULES OF GENERAL APPLICABILITY › Section 8-1-4 - Public records

Current through June, 2024
(a) The term
				"public records" as used in this part shall be as defined in section 92-50,
				Hawaii Revised Statutes, and shall include all rules, written statements of
				policy or interpretation formulated, adopted, or used by the board, all final
				opinions and orders, the minutes of the board, and any other material on file
				in the office of the board unless accorded confidential treatment pursuant to
				statute or the rules of the board.
(b) All public records shall be available for
				inspection in the office of the board, Honolulu, Hawaii, during established
				office hours unless public inspection of the records is in violation of any
				state or federal law; provided that except where the records are open under any
				rule of court, the attorney general may determine which records may be withheld
				from public inspection when the records pertain to the preparation of the
				prosecution or defense of any action or proceeding to which the board is or may
				be a party, or when the records do not relate to a matter in violation of law
				and are deemed necessary for the protection of the character, reputation or
				business of any person.
(c) Public
				records printed or reproduced by the board in quantity shall be given to any
				person requesting the same and paying the actual cost thereof. Photo copies of
				public records shall be made and given by the superintendent to any person upon
				request and upon payment of the actual cost thereof.
(d) Requests for public information, for
				permission to inspect official records, or for copies of public records shall
				be handled with due regard for the dispatch of other public duties.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 1 - RULES OF GENERAL APPLICABILITY › Section 8-1-5 - Appearance before the board

Current through June, 2024
(a) An individual
				may appear in the individual's own behalf, a member of a partnership may
				represent the partnership, a bona fide officer of a corporation or association
				may represent the corporation or association and an officer or employee of an
				agency of the State or a political subdivision of the State may represent the
				agency in any proceeding before the board.
(b) A person may be represented by or with
				counsel or other duly qualified representative in any proceeding under chapters
				8-1 to
				8-4.
(c) When an individual acting in a
				representative capacity appears in person or signs a paper in practice before
				the board, the individual's personal appearance or signature shall constitute a
				representation to the board that under the provisions of chapters
				8-1 to
				8-4 and the law, the
				individual is authorized and qualified to represent the particular person on
				whose behalf the individual acts. The board at any time may require any person
				transacting business with the board in a representative capacity to show the
				person's authority and qualification to act in that capacity.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 8-2-1 - General

Current through June, 2024
The board, on its own motion, or on petition of any
				  interested person, group, organization, or agency may hold proceedings as it
				  may deem necessary from time to time for the purpose of obtaining information
				  necessary or helpful in the determination of its policies, the carrying out of
				  its duties, or the formulation of its rules. For those purposes, it may
				  subpoena witnesses and require the production of evidence. The procedures of
				  the board, unless specifically prescribed by its administrative rules or by
				  chapter
				  91, Hawaii Revised Statutes, shall be
				  devised as in the opinion of the board will best serve the purposes of the
				  proceedings.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 8-2-2 - Filing of documents

Current through June, 2024
(a) All pleadings,
				submittals, petitions, reports, exceptions, briefs, memoranda, and other papers
				required to be filed with the board in any proceeding shall be filed with the
				board chairperson. The papers may be sent by mail or hand-carried to the
				board's office within the time limit, if any, for the filing. The date on which
				the paper is actually received by the board shall be deemed to be the date of
				filing.
(b) All papers filed with
				the board shall be written in ink, typewritten, mimeographed, or printed; shall
				be plainly legible; shall be on strong durable paper; not larger than 8 1/2" x
				14" in size, except that tables, charts and other documents may be larger,
				folded to the size of the documents to which they are attached.
(c) All papers shall be signed in ink by the
				party signing the papers or the party's duly authorized agent or attorney. The
				signature of the person signing the document constitutes a certification that
				the person has read the document; that to the best of the person's knowledge,
				information, and belief every statement contained in the instrument is true and
				no statements are misleading; and that it is not interposed for
				delay.
(d) Unless otherwise
				specifically provided by a particular chapter or order of the board, an
				original and twelve copies of all papers shall be filed unless the papers are
				printed or mimeographed, in which case twenty-five copies shall be
				filed.
(e) The initial document
				filed by any person in any proceeding shall state on the first page thereof who
				may be served with any documents filed in the proceeding.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 8-2-4 - Computation of time

Current through June, 2024
In computing any period of time prescribed by chapters 8-1 to
				  8-4, or order of the
				  board, the day of the act, event or default, after which the designated period
				  of time is to run, is not to be included unless it is a Saturday, Sunday, or
				  legal holiday in the State, in which event the period runs until the next day
				  which is neither a Saturday, Sunday nor a holiday. Immediate Saturdays, Sundays
				  and holidays shall not be included in a computation when the period of time
				  prescribed or allowed is ten days or less. A half holiday shall be considered
				  as other days and not as a holiday.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 8-2-5 - Continuance or extension 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 chapters 8-1 to
				  8-4, by notice given
				  thereunder or by an order, the board or superintendent, before the expiration
				  of the prescribed period, with or without notice, may extend the period or,
				  upon motion, permit the act to be done after the expiration of a specified
				  period where the failure to act is clearly shown to be the result of excusable
				  neglect.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 8-2-6 - Amendment of documents

Current through June, 2024
If any document initiating or filed in a proceeding is not in
				  substantial conformity with the applicable rules of the board as to the
				  contents thereof, or is otherwise insufficient, the board, on its own motion,
				  or on motion of any party, may strike or dismiss the document or require its
				  amendment. If amended, the document shall be effective as of the date of the
				  original filing.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 8-2-7 - Retention of documents by the board

Current through June, 2024
All documents filed with or presented to the board may be
				  retained in the files of the board. However, the board may permit the
				  withdrawal of original documents upon submission of properly authenticated
				  copies to replace the documents.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 8-2-8 - Public information

Current through June, 2024
(a) Unless
				otherwise provided by statute, rule, or order of the board, all information
				contained in any pleading, submittal, petition, statement, recommendation,
				report, or other document filed with the board pursuant to the requirements of
				a statute or rule or order of the board shall be available for inspection by
				the public.
(b) Confidential
				treatment may be requested where authorized by statute. For good cause shown,
				the board shall grant the request.
(c) Matters of public record may be inspected
				in the office of the board during regular office hours. Copies of matters of
				public record shall be furnished to any person upon request and upon payment of
				the actual cost thereof as set forth in section
				8-1-4.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 8-2-9 - Board decision

Current through June, 2024
All final orders, opinions or rulings entered by the board in
				  a proceeding and rules adopted by the board shall be served upon the parties or
				  persons participating in the proceeding by regular mail or personal delivery by
				  the board and shall be released for general publication. Copies of published
				  materials shall be available for public inspection in the office of the board
				  or may be obtained upon request and upon payment of charges, if
				  any.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 8-2-10 - Counsel for the board

Current through June, 2024
The attorney general or a designated representative serving
				  in the attorney general's capacity as counsel for the board, shall be a party
				  to all proceedings governed by chapters 8-1 to
				  8-4. The attorney
				  general or designated representative shall be designated as "Counsel for the
				  Board," and shall be served with copies of all papers and documents as are all
				  other parties to the same proceeding.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 8-2-11 - Substitution of parties

Current through June, 2024
Upon motion and for good cause shown, the board may order
				  substitution of parties, except that in case of death of a party, substitution
				  may be ordered without the filing of a motion.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 8-2-12 - Consolidations

Current through June, 2024
The board, upon its own initiation or upon motion, may
				  consolidate for hearing or for other purposes two or more proceedings which
				  involve substantially the same parties, or issues which are the same or closely
				  related, if it finds that consolidation will be conducive to the proper
				  dispatch of its business, will not unduly delay the proceedings, and will not
				  impair the rights of any party to the proceedings.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - RULES APPLICABLE TO RULEMAKING PROCEEDINGS › Section 8-3-1 - Notice of proposed rulemaking

Current through June, 2024
(a) When pursuant
				to a petition therefor, or upon its own motion, the board proposes to adopt,
				amend or repeal a rule, notice of proposed rulemaking shall be published at
				least once in a newspaper of general circulation in the State. The notice shall
				also be mailed to all persons who filed a timely written request with the board
				for advance notice of the board's rulemaking proceedings. All notices shall be
				issued at least twenty days prior to the date set for public hearing. Where a
				written request for advance notice is filed by a person less than twenty days
				prior to the date set for public hearing, the notice shall be mailed to the
				person immediately upon receiving the written request.
(b) A notice of the proposed adoption,
				amendment or repeal of a rule shall include:
(1) A statement of the date, time, and place
				where the public hearing shall be held;
(2) Reference to the authority under which
				the adoption, amendment, or repeal of a rule is proposed;
(3) A statement of the substance of the
				proposed rulemaking; and
(4) Docket
				number assigned to the proceeding.