reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 202 - MEDICAL USE OF MARIJUANA › Section 23-202-8 - Written certification/registry identification forms and verification

Current through June, 2024
(a) department shall create registry
				identification registration forms and physician written certification forms for
				the medical use of marijuana and issue them to requesting physicians. The
				written certification /registry identification forms shall be issued by the
				department and serve as the physician's written certification and the
				registration forms for the qualifying patient and any primary caregiver.
				Physicians shall submit the completed qualifying patient and primary caregiver
				written certification/registry identification forms which shall include the
				names, patient identification numbers, date of birth, addresses and other
				information required by the department. The written certification/registry
				identification forms shall serve as the physician's written certification that
				the qualifying patient has been diagnosed with a debilitating medical
				condition; and that the physician has certified that in the physician's
				professional opinion, the potential benefits of the medical use of marijuana
				would likely outweigh the health risks for the particular qualifying
				patient.
(b) Except as provided in
				subsection (d), the department shall issue a registry identification
				certificate to any qualifying patient authorized by a physician to utilize
				marijuana for medical purposes, who pays a fee in the amount established by the
				department, and who provides to the department a completed registration form
				that has been verified and approved.
(c) Written certification/registry
				identification forms are deemed complete when the qualifying patient's
				physician supplies all of the following information:
(1) Completed copy of the written
				certification/registry identification forms, and parent/legal guardian (if
				applicable) forms;
(2) The
				qualifying patient and the primary caregiver (if applicable) must provide a
				copy of photo identification (i.e., Hawaii driver's license, State of Hawaii
				identification card, or passport) with the written certification/registry
				identification forms; and
(3)
				Optional information may be added to registration forms at the discretion of
				the department if the information serves the best interest of the qualifying
				patient and assists agencies in the implementation of Act 228, SLH 2000,
				Medical Use of Marijuana.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 202 - MEDICAL USE OF MARIJUANA › Section 23-202-9 - Registry identification certificate

Current through June, 2024
(a) Once the
				department has verified the information in the completed written
				certification/registry form submitted pursuant to this section, including the
				designated registration fee, the department shall issue a serially numbered
				registry identification certificate. The registry identification certificate
				shall state:
(1) The certificate holder's
				name, address, patient identification number, and date of birth;
(2) The date of issuance and expiration date
				of the registry identification certificate;
(3) The name, address, and date of birth of
				the patient's designated primary caregiver, if any;
(4) The name, address, and telephone number
				of the qualifying patient's physician;
(5) The address where the marijuana will be
				grown; and
(6) Such other optional
				information as the department may specify.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 202 - MEDICAL USE OF MARIJUANA › Section 23-202-10 - Confidentiality of information and records

Current through June, 2024
(a) The department
				shall create and maintain both paper and computer data files of the qualifying
				patients and primary caregivers to whom the department has issued registry
				identification certificates. The data files will include all information
				collected on the registration forms or equivalent information from other
				written documentation, the date of issue, and the expiration date. Except as
				provided in subsection (b), the maintained information shall be confidential
				and not subject to public disclosure.
(b) Names and other identifying information
				from the data file established pursuant to subsection (a) may be released to:
(1) Authorized employees of the department as
				necessary to perform official duties of the department, including the
				production of any reports of aggregate (i.e., non-identifying) data or
				statistics; and
(2) Authorized
				employees of state or local law enforcement agencies when they provide a
				specific name or address. Information will be supplied as necessary to verify
				that a patient is a lawful possessor of a registry identification certificate,
				that a person is the designated primary caregiver of such a patient that a
				person has submitted an application for a registry identification certificate
				that is pending verification by the department, that the persons registry
				identification certificate was denied but the denial is being appealed or to
				supply optional information provided on the registration forms, or as provided
				in section 23-202-11.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 202 - MEDICAL USE OF MARIJUANA › Section 23-202-11 - Monitoring and investigations

Current through June, 2024
(a) The department
				may, at any time, contact a qualifying patient, primary caregiver, or attending
				physician by phone, mail, or in person to verify the current accuracy of
				information provided to the registration system.
(b) Notwithstanding subsection (a), the
				department may, when it has reason to believe a violation of the conditions of
				registration exist, either conduct investigations to collect evidence of
				violations of Act 228, SLH 2000, Medical Use of Marijuana, or refer violation
				to the proper state or local authorities. Such violations include, but are not
				limited to the following:
(1) A qualifying
				patient fails to notify the department of any change in the patient's name,
				address, attending physician, designated primary caregiver, or growing location
				of marijuana to be used for medical purposes;
(2) A qualifying patient or designated
				primary caregiver fails to return the registry identification certificate to
				the department within seven calendar days of notification of the diagnosis that
				the qualifying patient no longer has a debilitating medical condition;
				and
(3) A qualifying patient,
				designated primary caregiver, or attending physician falsifies information
				during the registration or reqistartion renewal process.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 202 - MEDICAL USE OF MARIJUANA › Section 23-202-12 - Revocation of registry identification certificate

Current through June, 2024
(a) In
				accordance with these rules, the department has the authority to revoke a
				registry identification certificate, with suspension of the registry
				identification certificate pending administrative hearing on the revocation.
				The department under one or more of the following conditions may revoke a
				registry identification certificate:
(1) The
				applicant or physician has furnished false or fraudulent material information
				or omitted information in any of the written certification/registry forms
				submitted to the department under this chapter;
(2) The written certificate issued to the
				qualifying patient was not based upon provisions set forth in section
				329-126,
				Hawaii Revised Statutes;
(3)
				Suspension or revocation of a physician's medical license or state controlled
				substance registration as designated under section
				329-32,
				Hawaii Revised Statutes; or
(4) For
				violations of section 23-202-3, 23-202-7, 23-202-13 or 23-202-14.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 202 - MEDICAL USE OF MARIJUANA › Section 23-202-13 - Permissible amounts of medical marijuana

Current through June, 2024
(a) A qualifying
				patient who possesses a registry identification certificate issued pursuant to
				section
				329-123,
				Hawaii Revised Statutes, may engage in and a registered primary caregiver of
				the patient may assist in, the medical use of marijuana only as justified to
				mitigate the symptoms or effects of the qualifying patient's debilitating
				medical condition.
(b) The medical
				marijuana shall be grown only at the following locations:
(1) The qualifying patient's home address;
				or
(2) The primary caregiver's home
				address or other location owned or controlled by the qualifying patient or the
				primary caregiver that is approved by the administrator and designated on the
				registry certificate issued by the department.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 202 - MEDICAL USE OF MARIJUANA › Section 23-202-14 - Offenses and penalties

Current through June, 2024
Every person violating any provision of this chapter shall be
				  subject to the provisions set forth in section
				  329-128,
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 3 - LAW ENFORCEMENT › Chapter 202 - MEDICAL USE OF MARIJUANA › Section 23-202-15 - Severability

Current through June, 2024
Should any section, paragraph, sentence, clause, phrase, or
				  application of this chapter be declared unconstitutional or invalid for any
				  reason, the remainder or any other application of this chapter shall not be
				  affected thereby.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 600 - ADMINISTRATIVE PROVISIONS › Section 23-600-1 - Definitions

Current through June, 2024
As used in these rules unless the context requires
				  otherwise:
"Administrator" means the executive secretary of the criminal
				  injuries compensation commission.
"Chairperson" means the chairperson of the criminal injuries
				  compensation commission.
"Commission" means the criminal injuries compensation
				  commission.
"Presiding Officer" means the chairperson or a designated
				  representative.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 600 - ADMINISTRATIVE PROVISIONS › Section 23-600-2 - The commission

Current through June, 2024
(a) The principal
				office of the commission is at the Old Federal Building, Honolulu, Hawaii. All
				communications to the commission shall be addressed to the Criminal Injuries
				Compensation Commission, State of Hawaii, 335 Merchant Street, Room 244,
				Honolulu, Hawaii, unless otherwise specifically directed.
(b) The offices of the commission shall be
				open from 7:45 a.m. to 4:30 p.m. of each day of the week except Saturdays,
				Sundays, and holidays unless otherwise provided by statute or executive
				order.
(c) The commission meets and
				exercises its powers in any part of the State of Hawaii. All meetings of the
				commission shall be open to the public except that:
(1) The commission may determine that a
				private meeting is necessary in particular cases involving pending criminal
				actions or the interests of the victim; and
(2) The commission may meet in executive
				session, from which the public may be excluded, by a recorded number of votes
				of the members of the commission necessary to validate acts as provided in
				subsection (d). No order, rule, ruling contract, appointment, or decision shall
				be finally acted upon at such private meetings or executive session.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 601 - COMMISSION RECORDS › Section 23-601-1 - Records

Current through June, 2024
Unless entitled to confidential treatment pursuant to section
				  23-601-3, state or federal law,
				  commission records, such as rules, regulations, opinions, orders, and meeting
				  minutes shall be made available for inspection to the public during established
				  office hours.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 601 - COMMISSION RECORDS › Section 23-601-2 - Reproduction of records

Current through June, 2024
Except as otherwise provided in this chapter, records printed
				  or reproduced by the commission shall be given to any person requesting the
				  same upon payment of any fees established by the commission or by
				  law.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 601 - COMMISSION RECORDS › Section 23-601-3 - Confidential information

Current through June, 2024
Disclosure of information relating to the psychiatric,
				  medical, personal history, and law enforcement or criminal investigative
				  reports will not be permitted unless required by court order with jurisdiction
				  in a case arising from an application filed with the commission or otherwise
				  provided by state or federal statute.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 602 - RULEMAKING PROCEEDINGS › Section 23-602-1 - Notice of proposed rulemaking

Current through June, 2024
(a) When upon its
				own motion, the commission proposes to adopt, amend, or repeal a rule, a notice
				of proposed rulemaking shall be published at least once in a newspaper of
				general circulation in the State. All such notices shall be issued at
				leastthirty days prior to the date of hearing. In addition, a notice shall be
				placed in a newspaper of general circulation in each county; provided that such
				notice need not comply with the above thirty day requirement.
(b) Notice of proposed adoption, amendment,
				or repeal of a rule shall include:
(1) The
				date, time, and place where the public hearing will be held and where
				interested persons may be heard on the proposed rule adoption, amendment, or
				repeal;
(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) A docket number specifically assigned to
				rulemaking hearing.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 602 - RULEMAKING PROCEEDINGS › Section 23-602-2 - Emergency rulemaking

Current through June, 2024
Notwithstanding the chapter
				  23-601,
				  if the commission finds that an imminent peril to public health, safety, or
				  morals requires adoption, amendment, or repeal of a rule upon less than thirty
				  days' notice of hearing, and states in writing the reason for such finding, it
				  may proceed without prior notice of hearing or upon such abbreviated notice and
				  hearing as it finds practicable to adopt not longer than one hundred twenty
				  days without renewal.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 602 - RULEMAKING PROCEEDINGS › Section 23-602-3 - Petitions for adoption, amendment, or repeal of rules

Current through June, 2024
(a)
				Any interested person or any agency of the State or county government may
				petition the commission for the adoption, amendment, or repeal of any
				rule.
(b) Petitions for rulemaking
				shall:
(1) Set forth the text of any proposed
				rule or amendment desired or specify the rule the repeal of which is
				desired;
(2) State concisely the
				nature of the petitioner's interest in the subject matter;
(3) Set forth the reasons for seeking the
				adoption, amendment, or repeal of the rule; and
(4) Include any acts, opinions, arguments,
				and data deemed relevant by petitioner.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 602 - RULEMAKING PROCEEDINGS › Section 23-602-4 - Special proceedings

Current through June, 2024
(a) On petition of
				an interested person, the commission may issue a declaratory order as to the
				applicability of any statutory provision or of any rule or order of the
				commission. Petitions for the issuance thereof shall:
(1) State clearly and concisely the
				controversy or uncertainty;
(2)
				Cite the statutory authority involved; and
(3) Include a complete statement of the facts
				and the reasons or ground prompting the petition, together with full disclosure
				of petitioner's interest.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 603 - CONDUCT OF CONTESTED CASE HEARING › Section 23-603-2 - Presiding officer

Current through June, 2024
Each such hearing shall be presided over by the chairperson
				  of the commission or by a designated representative. The hearing shall be
				  conducted in such a way as to afford all interested persons a reasonable
				  opportunity to be heard on matters relevant to the issues involved and to
				  obtain a clear and orderly record.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 603 - CONDUCT OF CONTESTED CASE HEARING › Section 23-603-3 - Continuance of hearing

Current through June, 2024
The hearing shall be held at the time and place set forth in
				  the notice of hearing, but may at the time and place be continued from day to
				  day or adjourned to a later date or to a different place without notice other
				  than the announcement thereof at the hearing.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 603 - CONDUCT OF CONTESTED CASE HEARING › Section 23-603-4 - Order of proceeding

Current through June, 2024
At the commencement of the hearing, the presiding officer
				  shall read the pertinent portions of the notice of hearing and shall then
				  outline briefly the procedure to be followed. Evidence shall then be received
				  with respect to the matters specified in the notice of hearing in such order as
				  the presiding officer shall prescribe.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 603 - CONDUCT OF CONTESTED CASE HEARING › Section 23-603-5 - Submission of evidence

Current through June, 2024
All interested persons shall be given reasonableopportunity
				  to offer evidence with respect to the matters specified in the notice of
				  hearing. Every witness shall, before proceeding to testify, state the witness'
				  name, address, and whom they represent at the hearing, and shall give such
				  other information respecting the witness' appearance as the presiding officer
				  may request. The presiding officer shall confine the evidence to the matters
				  specified in the notice of hearing but shall not apply the formal rules of
				  evidence. Every witness shall be subject to questioning by the commission, and
				  the applicant shall have the right to produce evidence and to cross-examine
				  witnesses, but cross-examination by private persons shall not be permitted
				  unless the presiding officer expressly permits it.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 603 - CONDUCT OF CONTESTED CASE HEARING › Section 23-603-6 - Oral and written presentation at hearing

Current through June, 2024
All interested personsoragencies of the State or of a
				  political subdivision of the State shall be afforded an opportunity to submit
				  evidence or arguments which are relevant. In addition, or in lieu thereof,
				  persons or agencies may also file with the commission within fifteen days
				  following the close of public hearing a written protest or other comments or
				  recommendation in support of or in opposition to the proposed rulemaking.
				  Written protest, comments, recommendation, or replies will not be accepted
				  unless an original and ten copies are filed. The period for filing written
				  protests, comments, or recommendations may be extended by the presiding officer
				  for good cause.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 603 - CONDUCT OF CONTESTED CASE HEARING › Section 23-603-7 - Record of the hearing

Current through June, 2024
Unless otherwise specifically ordered by the commission or
				  the presiding officer, testimony given at the hearing need not be reported
				  verbatim. All supporting written statements, maps, charts, tabulations, or
				  similar data offered in evidence at the hearing, which are deemed by the
				  presiding officer to be authentic and relevant, shall be received in evidence
				  and made part of the record. Ten copies of the exhibit shall be submitted,
				  unless the presiding officer finds the furnishing of the required number of
				  copies impracticable and reduces the number.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 603 - CONDUCT OF CONTESTED CASE HEARING › Section 23-603-8 - Commission action

Current through June, 2024
At the close of the final public hearing, the commission
				  shall announce the decision or the date when its decision will be announced.
				  The decision shall be signed by the chairperson or, in the chairperson's
				  absence, by two members of the commission.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 604 - CRIMINAL INJURIES COMPENSATION ACT › Section 23-604-1 - Definitions

Current through June, 2024
As used in this chapter:
"Child" means an unmarried person who is under eighteen years
				  of age and includes a step-child or an adopted child.
"Dependents" means such relatives of a deceased victim who
				  were wholly or partially dependent upon the victim's income at the time of
				  victim's death or would have been so dependent but for the incapacity due to
				  the injury from which the death resulted and shall include the child of such
				  victim born after victim's death.
"Designated person" means a person who made payments for
				  funeral, burial, and medical expenses on behalf of a victim.
"Good cause" means that an applicant must show by credible
				  evidence that a mental, physical, or legal impairment, or an actual or
				  reasonably perceived fear, or threat, or coercion actually prevented the filing
				  of an application within the required period. Good cause may not be established
				  by ignorance of the law, incarceration, or negligent failure to ascertain the
				  facts giving rise to a claim.
"Good Samaritan claim" means a claim brought pursuant to
				  section
				  351-51,
				  Hawaii Revised Statutes.
"Incurred expenses" means any expenditure in cash or in
				  kind.
"Injury" means actual bodily harm, and includes pregnancy
				  resulting from a criminal sexual assault and mental or nervous shock and
				  "injured" has a corresponding meaning.
"Minor" shall have the same definition as child.
"Private citizen" means any natural person other than a peace
				  officer actively engaged in the performance of official duties whether off or
				  on duty.
"Relative" means a victim's spouse, parent, grandparent,
				  stepfather, stepmother, child, grandchild, brother, sister, half brother, half
				  sister, or spouse's parents.
"Resident" means a person who maintains a permanent abode in
				  this State.
"Responsible person" means a person who has the legal
				  responsibility to maintain or support the victim.
"Substantial enrichment" means economic gain that would
				  benefit the offender. It does not mean minimal or inconsequential
				  benefits.
"Victim" means a person who is injured or killed by any act
				  or omission of any other person coming within the criminal jurisdiction of the
				  State and includes a resident of this State who is injured or killed in another
				  state which does not have a crime victim compensation program, but does not
				  include a peace officer who is actively engaged in the performance of official
				  duties whether on or off duty.
"Victim claims" means claims brought pursuant to section
				  351-32, Hawaii
				  Revised Statutes.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 604 - CRIMINAL INJURIES COMPENSATION ACT › Section 23-604-2 - Statement of nondiscrimination

Current through June, 2024
It is the policy of the department of public safety, criminal
				  injuries compensation commission that no person shall, on the grounds of race,
				  color, religion, sex, national origin, age, handicap, sexual orientation or
				  marital status be excluded from participation in be subjected to discrimination
				  when making their claim for compensation.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 604 - CRIMINAL INJURIES COMPENSATION ACT › Section 23-604-3 - Compensation

Current through June, 2024
The payment of any claim brought under section 351, Hawaii
				  Revised Statutes, shall be at the discretion of the commission and shall not
				  exceed $10,000 per occurrence. Payment of compensation to the dependents of the
				  deceased victim shall not, in the aggregate, exceed $10,000. Compensation will
				  only be paid for those types of losses and injuries recognized by
				  statute.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 604 - CRIMINAL INJURIES COMPENSATION ACT › Section 23-604-4 - Victim claims: eligibility for compensation

Current through June, 2024
(a)
				Compensation may be paid to those persons identified in subsection (b) when any
				private citizen is injured or killed by an act or omission of any person coming
				within the criminal jurisdiction of this state or when the resident of this
				State is injured or killed in a state without a crime compensation law or
				victims of Federal crimes occurring within the State.
(b) The following persons are eligible to
				apply for compensation for loss or injury resulting from the commission of a
				covered crime:
(1) Any victim, or if the
				victim is a child or incompetent, a parent or authorized guardian of the child
				or incompetent or such other person authorized to administer the
				estate
(2) Any person financially
				responsible for the maintenance of the victim who has suffered pecuniary loss
				or incurred expenses as a result of the victim's injury or death;
(3) In the event of death of the victim, any
				one or more of the dependents of the deceased victim; and
(4) A parent of an adult deceased victim or
				an adult son or daughter of a deceased victim, where the parent or adult son or
				daughter has incurred expenses as a result of the victim's death.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 604 - CRIMINAL INJURIES COMPENSATION ACT › Section 23-604-5 - Good samaritan claims: eligibility for compensation

Current through June, 2024
(a)
				Compensation may be paid to those persons identified in subsection (b) when any
				private citizen has incurred injury or property damage while assisting or
				preventing the commission of a crime within the State, while apprehending a
				person who has committed a crime within the State, or while materially
				assisting a peace officer who is engaged in the prevention or attempted
				prevention of such a crime or the apprehension or attempted apprehension of
				such person.
(b) Claims may be made
				by a private citizen, or, if, incompetent, or a child, by the private citizen's
				parent or legal guardian or by any person responsible for the maintenance of
				the private citizen who has suffered pecuniary loss or incurred expenses as a
				result of the private citizen's injury.
(c) Compensation may be awarded for:
(1) Expenses actually and reasonably incurred
				as a result of the injury;
(2) Pain
				and suffering;
(3) Lost earnings;
				and
(4) Pecuniary loss resulting
				directly from damage property.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 604 - CRIMINAL INJURIES COMPENSATION ACT › Section 23-604-6 - Applications and other documents

Current through June, 2024
(a) Any eligible
				person who seeks compensation under this chapter shall file a written
				application on an official application form with the commission. The
				application may be sent by mail or hand-carried to the commission office. The
				postmark date shall be deemed to be the date of filing.
(b) The commission may require statements of
				the facts surrounding the claim and may require a certification of all
				supporting statements. The statements may include, among other things,
				information regarding recovery from other sources, amount of expenses incurred
				and dates of hospitalization or medical treatment.
(c) All applications for compensation shall
				be made within eighteen months after the date of injury, death or property
				damage. Upon a showing of good cause, the commission may consider applications
				beyond this time period. To establish "good cause" for the failure to timely
				file an application, an applicant must show by credible evidence that a mental,
				physical, or legal impairment, or actual or perceived fear, or threat, or
				coercion actually prevented filing within the required period. Good cause may
				not be established by ignorance of the law, incarceration, or negligent failure
				to ascertain the facts giving rise to a claim. Good cause applies to all claims
				for injuries or damages incurred after June 7, 1989, provided the commission
				may consider good cause for claims involving injuries resulting from sexual
				assault or sexual abuse suffered prior to June 7, 1989, if the victim was a
				minor at the time of the sexual assault or sexual abuse.
(d) All applications and other documents must
				be typewritten, or legibly printed and signed in ink by the party submitting
				the same. The signature of the person signing the document or application
				constitutes a certification that the person read the document, and that to the
				best of the person's knowledge, information, and belief every statement
				contained in the document is true and no such statements are
				misleading.
(e) The commission may
				disregard any application or document which does not substantially conform with
				applicable rules as to required content and form, or is otherwise insufficient.
				If permitted, any amendment shall be effective as of the date of the original
				filing.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 604 - CRIMINAL INJURIES COMPENSATION ACT › Section 23-604-7 - Delegation to administrator

Current through June, 2024
(a) The commission
				may assign cases to the administrator for determination of eligibility and any
				order for compensation if:
(1) The case can be
				adjudicated appropriately on the basis of available records and documents;
				and
(2) The applicant has waived a
				hearing before the commission and elects to proceed before the
				Administrator.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 604 - CRIMINAL INJURIES COMPENSATION ACT › Section 23-604-8 - Medical examination

Current through June, 2024
The commission may require a medical examination by an
				  impartial licensed physician who shall make a report to the commission. The
				  fees for such examination shall be paid by the commission. The commission may
				  request a treatment plan from an attending service provider to determine
				  appropriateness of the treatment, the connection of the treatment to the crime
				  and portion for which the commission will be responsible for. The treatment
				  plan will include, but not be limited to, information concerning the beginning
				  date of treatment, the anticipated or actual date of termination, initial
				  diagnosis, measurable treatment goals, and information on any pre-existing
				  condition. If any pre-existing condition exists, the service provider shall
				  provide information on the percentage of treatment and costs that are directly
				  related to the incident. The commission may approve treatment plans that are in
				  duration of less than six months. In the event that the treatment continues
				  beyond six months, the service provider shall submit a new treatment plan every
				  six months for the commission's review.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 604 - CRIMINAL INJURIES COMPENSATION ACT › Section 23-604-9 - Notice; hearings

Current through June, 2024
(a)
				Not-withstanding any other provision in this subtitle, with respect to all
				applications filed under this chapter, the commission shall conduct a hearing
				in accordance with this chapter and section to determine eligibility for
				compensation as soon as practically possible after the receipt of an
				application. The commission shall give written notice of the hearing to the
				applicant. Such written notice shall be given or mailed by first class mail to
				the parties not less than ten days prior to the date set for hearing on the
				application and shall state the date, time, and place of the hearing. The
				hearing may be continued from day to day or adjourned to a later date with
				notice. All hearings shall be open to the public, provided that the commission
				may determine that the hearing, or a portion thereof, be held in private if the
				offender has not been convicted or if it is in the interest of the
				victim.
(b) The hearing shall be
				tape recorded and the tape will be retained by the commission for twelve
				months.
(c) The hearing shall be
				conducted by the chairperson or a designated representative. Any two members
				shall constitute a quorum. Any member of the commission may administer oaths or
				affirmations to witnesses appearing before the commission. The commission shall
				have powers of subpoena, compulsory attendance of witnesses, production of
				documents, and examination of witnesses. The commission may receive in evidence
				any statement, document, information, or matter that may in the opinion of the
				commission contribute to its functions whether or not such statement, document,
				information, or matter would be admissible in a court of law.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 604 - CRIMINAL INJURIES COMPENSATION ACT › Section 23-604-10 - Computation of time

Current through June, 2024
(a) Except for the
				eighteen month period for timely filing of a claim application, in computing
				any period of time, which is prescribed or allowed by this subtitle or any
				order, the first day shall be excluded and the last included, unless the last
				day is a Sunday or official state holiday, and then it shall also be excluded
				and the last day shall be the next business day following.
(b) The time for filing an application shall
				be calculated as illustrated in the following examples:
Example of timely application: Date of receipt of
							 application
1990
07
01
Date of crime
1989
01
01
Total time lapsed
01
06
00
Example of untimely application: Date of receipt of
							 application
1990
07
02
Date of crime
1989
01
01
Total time lapsed
01
06
01
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 604 - CRIMINAL INJURIES COMPENSATION ACT › Section 23-604-11 - Order of award

Current through June, 2024
(a) Except as otherwise provided in section
				23-604-2, any order for the payment of compensation under this section may be
				made on such terms as the commission deems appropriate. All orders for the
				payment of compensation shall contain words clearly informing the person that
				all awards and orders for payment are subject to appropriation by the
				legislature.
(b) The order of
				priority for payment of claims shall be as follows:
(1) Medical expenses;
(2) Funeral and burial expenses if permitted
				by statute;
(3) Lost
				earnings;
(4) Pecuniary loss;
				and
(5) Pain and
				suffering
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 604 - CRIMINAL INJURIES COMPENSATION ACT › Section 23-604-12 - Medical expenses

Current through June, 2024
Medical expenses are those expenses directly related to the
				  incident which include:
(1)
				Hospitalization;
(2) Home nursing
				care;
(3) Plastic surgery (scar
				revision);
(4) Air and ground
				ambulance service
(5) Air
				transportation for the victim to travel to another island for medical
				treatment. The victim's attending physician must certify in writing that the
				treatment or services are inadequate or unavailable on the victim's island or
				residence;
(6) Prescription
				drugs;
(7) Eyeglasses, contact
				lens, dentures, and prosthetics if damaged in the crime;
(8) Chiropractic treatment;
(9) Physical and psychological therapy;
				and
(10) Replacement services if
				the victim is unable to perform household tasks such as yard, housekeeping,
				child care, and home nursing care as evidenced by a doctor's certificate of
				disability.
(11) Out-patient
				physician care.
(12) Other
				appropriate medical care.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 604 - CRIMINAL INJURIES COMPENSATION ACT › Section 23-604-13 - Funeral expenses

Current through June, 2024
(a) The commission
				will consider all reasonable customary funeral expenses up to $3,000. Any
				amounts in excess of the $3,000 must be determined to be necessary expenses.
				Funeral and burial expenses include:
(1) All
				customary mortuary costs; and
(2)
				All customary cemetery costs.
Examples of customary costs include funeral services, use of
				  facilities, flowers, vases, clothing for deceased, transportation costs for
				  shipment of deceased victim to another area for burial, and death
				  certificates.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 604 - CRIMINAL INJURIES COMPENSATION ACT › Section 23-604-14 - Lost earnings

Current through June, 2024
(a) Persons may be
				compensated for lost earnings. Factors to determine lost earnings include:
(1) Whether the person was employed at-the
				time of the incident;
(2) The
				income (including tips) after the deductions of state, federal, and FICA
				taxes;
(3) Substantiation from the
				person's employer of the payment or nonpayment of wages during the period of
				disability;
(4) Substantiation from
				the self-employed person of gross income. The supporting documents must be
				originals or certified copies of originals. The documents to support a claim
				will include, but are not limited to, general excise tax returns and Schedule C
				income tax returns; and
(5) The
				nature and period of disability, which must be certified by a medical or mental
				health service provider.
(6) If a
				medical certificate is not submitted, the lost earnings will be limited to four
				days.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 604 - CRIMINAL INJURIES COMPENSATION ACT › Section 23-604-15 - Pecuniary loss

Current through June, 2024
The minimum award for lost support will be $1,000 per
				  dependent. The applicant must provide evidence to establish that an award in
				  excess of $1,000 is necessary and essential for the maintenance and well being
				  of the child. Factors to determine dependency include:
(1) Whether the person was receiving
				financial support and living in the same household as the victim at the time of
				victim's death;
(2) Whether an
				adult child was receiving financial support due to full time attendance in
				school or because of a physical or psychological disability. Proof of
				guardianship is required for the physical or psychologically dependent adult
				child; or
(3) Whether the person
				was receiving court-ordered child support or alimony.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 604 - CRIMINAL INJURIES COMPENSATION ACT › Section 23-604-16 - Reductions or denials of awards

Current through June, 2024
(a) In determining
				whether an award will be reduced or denied, the following may be considered:
(1) Whether an award will substantially
				enrich the offender;
(2) Whether a
				person fails to utilize legal remedies (temporary restraining order,
				etc.);
(3) Whether a person was
				involved in an illegal activity which was the contributing cause of his death
				or injury;
(4) Whether a person who
				fails without good cause to cooperate with law enforcement officials and the
				prosecuting attorney in providing information that was in the knowledge or
				possession of the person which is related to the crime that was necessary for
				the apprehension or prosecution of the offender;
(5) Whether a person who fails to cooperate
				with the commission in providing any requested information as necessary to make
				an award brought forward under sections
				351-33 and
				351-52,
				Hawaii Revised Statutes;
(6)
				Whether a person's use of provocative words or actions, just prior to his death
				or injury;
(7) Whether, in
				vehicular crimes, an adult victim knowingly and willingly entered a motor
				vehicle of the offender whom the victim knew or reasonably should have known to
				be under the influence of drugs or alcohol or otherwise impaired; or
(8) Any other relevant reason.
Hawaii Administrative Rules › Title 23 - DEPARTMENT OF PUBLIC SAFETY › Subtitle 4 - CRIMINAL INJURIES COMPENSATION COMMISSION › Chapter 604 - CRIMINAL INJURIES COMPENSATION ACT › Section 23-604-17 - Reconsideration by commission: judicial review

Current through June, 2024
(a) The commission
				may, at any time, on its own motion or in the application of any person
				aggrieved, reconsider the order or decision and revoke, confirm, or vary the
				order or decision, based upon the commission's findings. The reconsideration
				should include the reasons for disagreement and any new evidence that was not
				available at the initial hearing. The commission may grant or deny the
				reconsideration without a hearing or may notify the person to appear at a
				designated place and time for a hearing. A person will be limited to one
				reconsideration which must be received within thirty days after the service of
				an original or certified copy of such order or decision. A denial of a
				reconsideration shall not be subject to further administrative
				review.
(b) Any person aggrieved by
				an order or decision of the commission on the sole ground that the order or
				decision was in excess of the commission's authority or jurisdiction, shall
				have a right of appeal to the circuit court in the circuit in which the person
				resides, provided the appeal shall be filed within thirty days after service of
				an original or a certified copy of such order or decision.
Hawaii Administrative Rules › Title 24 - HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND ADMINISTRATIVE RULES › Sec2 1.00 - GENERAL PROVISIONS › Section 24-1.01 - Purpose

Current through June, 2024
Chapter
				87A of the Hawaii Revised Statutes
				establishes a health trust fund known as the Hawaii Employer-Union Health
				Benefits Trust Fund. The Fund is to be used to provide eligible state and
				county employees, retirees, and their dependents with health and other benefit
				plans at a cost affordable to both the public employers and the public
				employees. The board is to administer and carry out the purposes of the Fund.
				These rules are adopted by the board pursuant to Section 87 A-26 of the Hawaii
				Revised Statutes to implement the administration and purposes of the
				Fund.
Hawaii Administrative Rules › Title 24 - HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND ADMINISTRATIVE RULES › Sec2 1.00 - GENERAL PROVISIONS › Section 24-1.03 - Public Information

Current through June, 2024
To the extent permitted by applicable federal or state law, the
				public records of the Fund shall be available for inspection at the Fund's
				office during regular business hours. All requests for inspection of public
				records shall be in writing and addressed to the administrator or any other
				person designated by the board to receive such requests. Copies of public
				records shall be provided upon the payment of the reasonable costs of
				reproduction and any fees for searching, reviewing and segregating such
				records. The board shall establish such costs and fees in accordance with
				applicable federal and state law.
Protected health information about employee-beneficiaries and
				dependent-beneficiaries are not public records. Employee-beneficiaries,
				dependent-beneficiaries, and others may have access to such information only in
				conformance with the Health Insurance Portability and Accountability Act of
				1996 and the rules passed under that Act ("HIP A A"), and the Fund's HIPAA
				Privacy Policies and Procedures.
Hawaii Administrative Rules › Title 24 - HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND ADMINISTRATIVE RULES › Sec2 1.00 - GENERAL PROVISIONS › Section 24-1.04 - Computation of Time

Current through June, 2024
Whenever a period of time is stated in these rules as a number
				of days from or after an event:
(a)
			 the period shall be computed in calendar days;
(b) the day of the event shall not be
			 included in the calculation; and
(c) the last day of the period shall be
			 included in the calculation.
Hawaii Administrative Rules › Title 24 - HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND ADMINISTRATIVE RULES › Sec2 1.00 - GENERAL PROVISIONS › Section 24-1.05 - Officers of the Board

Current through June, 2024
(a) The board shall
			 elect a chairperson, vice-chairperson, and secretary-treasurer.
(b) Both the chairperson and vice-chairperson
			 shall be elected from the same trustee group. The secretary-treasurer shall be
			 elected from the other trustee group.
(c) Officer terms shall be for one year
			 beginning July 1, 2002, and shall rotate between the trustee groups annually.
			 The terms of all elected officers shall terminate on June 30 of each succeeding
			 year and such officers shall vacate their offices at that time.
(d) Except as otherwise provided by law or by
			 rules or policies adopted by the board, the duties of the officers shall be as
			 provided in the current version of
Robert's Rules of Order, Newly
			 Revised.
(e) The
			 chairperson or vice-chairperson and secretary-treasurer shall coordinate
			 assignments to the administrator and other Fund staff, requests for
			 information, and other matters concerning the administration and operation of
			 the board.