Change of Name

§2-2-2
HAWAII ADMINISTRATIVE 	RULES
TITLE 	2
LIEUTENANT 	GOVERNOR
CHAPTER 	2
CHANGE OF 	NAME
§2-2-1
§2-2-2
§2-2-3
Definitions
Petition for change of name
Consent to change of name of minor and form of
consent
§2-2-4
§2-2-5
§2-2-5.1
§2-2-6
§2-2-6.1
§2-2-7
Order of change of name
Procedure following approval by the lieutenant
governor.
Non-acceptance of petition for processing.
Procedure following denial by the lieutenant
governor
Confidentiality of records and hearing
Filing fee
§2-2-1 	Definitions. 	As used in this chapter, 	unless
otherwise specifically indicated:
"Affidavit" means the affidavit 	of publication executed by
the officer of the newspaper stating 	that the notice has been
published.
"Lieutenant governor" means the lieutenant governor of the
state of Hawaii.
"Office" means the office of the lieutenant governor.
"Person" means any individual.
"Petitioner" means any person desiring to change the
person's name, 	or, 	in the case of a minor, 	the parents or such
parent 	who has custody of the minor, 	or the guardian of the
minor, 	who submits to the office a petition for a change of
name. 	[Eff 9/30/69; 	am 3/11/82; 	am and comp 	SEP 2 8 1987 	J
(Auth: 	HRS 	§574-5) (Imp:HRS 	§574-5)
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§2-2-2
§2-2-2 	Petition for change of name. 	(a) 	To change a
person's name, 	a petition on the form prescribed shall be
submitted to the office containing at least the following
information describing the person whose name is to be changed:
(1) 	The person's present name and if a prior name change(s)
had been granted, 	the date, 	place, 	name changed from
and to, 	and the granting authority;
(2) 	Date and place of birth;
(3) 	Name of any past or present husband or wife, 	the date
and place of the present marriage, 	the date and place
of any divorces and the name of the court granting the
divorce;
(4) 	Name of father and married and maiden names of mother,
names of step-parents, 	names· of legal parents,. and
names of adoptive parents;
(5) 	Names of any minor and adult children and their dates
and places of birth or a statement that the person has
no children;
(6) 	State of residency and residence address. 	Post office
boxes are not acceptable except on those islands and in
those areas 	where no street addresses exist, 	and in
that case the petitioner shall so state in the
petition. 	A mailing address, 	if different from
residence, 	shall be required;
(7) 	Whether or not the person is a convicted felon and if
so, 	the _date and place of the conviction and the type
of 	felony. 	The petitioner shall fully explain the
charges, 	the sentence, 	the terms of parole or
probation, 	the date of final discharge of the sentence,
whether there was a delayed acceptance of a guilty plea
and, 	if there was a pardon, 	by whom the pardon was
granted;
(8) 	A statement 	to the effect that the person is not
changing the person's name to defraud creditors;
(9) 	The reason or reasons for the change of name; 	and
(10) 	Any other 	information 	as may be required by the office
to substantiate or verify information 	contained in the
petition.
(b) 	In addition to complying with subsection (a) 	the
petition shall conform to the following:
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§2-2-3
(1) 	The petition may be dated, 	but if so, 	the date of the
petition shall be prior to the date of the earliest
acknowledgment;
(2) 	The 	petition shall be notarized in the form prescribed
by the office. 	The petitioner shall proceed in person
and a power of attorney will not be accepted;
(3) 	The petition shall be accompanied by an original birth
certificate, 	original naturalization 	certificate, 	or if
petitioner is an alien, 	a photocopy of petitioner's
passport and birth certificate, 	family register, 	or
alien registration card. 	All persons shall submit an
original 	birth certificate obtained from the
appropriate agency no earlier than three months prior
to submission of the 	petition;
(4) 	The petition shall be free of clerical errors. 	Any
changes in the 	petition 	subsequent to any
acknowledgment shall be initialed by the notary making
the change and all parties to the petition;
(5) 	The name petitioner is requesting as the petitioner's
new name shall meet the requirements of the department
of health for names on a birth certificate; 	and
(6) 	The petition must be signed in the 	petitioner's full
legal name without initials or nicknames.
(c) 	The original petition shall be filed with the office
within thirty days of the date of the earliest acknowledgment,
unless for good cause shown 	petitioner requests in writing and
is granted an extension by the office, 	but in no case shall such
extension be longer than thirty days. 	[Eff 9/30/69; 	am 7/30/84;
am and comp 	SEP 281987 	] 	(Auth: 	HRS 	§574-5) 	(Imp:
§574-5)
§2-2-3 	Consent to change of name of minor and form of
consent. 	(a) 	The petition for the change of name of any minor
shall be accompanied by a consent to the change of name signed
by:
(1) 	The 	parents of the minor whether custodial or
non-custodial; 	and
(2) 	The minor if the minor is ten years or older at the
time the petition is filed.
[
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0§2-2-3
(b) 	The consent to the change of name shall be notarized
and on the form prescribed by the office.
(c) 	In any petition for the change of name of any minor the
petition 	shall 	not be accepted for processing by the office
unless all documents are in the form prescribed by the office,
and the petition and all documents comply with any and all
statutory provisions related to change of name of a minor. 	[Eff
9/30/69; 	am 8/4/72; 	am 3/11/82; 	am and comp
](Auth: 	HRS 	§574-5)(Imp: 	HRS 	§574-5) 	SEP 281987
§2-2-4 	Order of change of name. 	The petition for the
change of name shall contain an order. of the change of name in
the.form prescribed by the lieutenant governor. 	The order shall
be in two original forms with copies thereof, 	but more copies of
the order may be submitted if desired. 	[Eff. 	9/30/69; 	am
8/4/72; 	am 3/11/82; 	am and comp 	] (Auth:SEP 281987HRS 	§574-5)(Imp: 	HRS 	§574-5)
§2-2-5 	Procedure following approval by the lieutenant
governor. 	(a) 	Once the petition has been approved a notice of
change of name signed by the lieutenant governor shall be mailed
to the petitioner.
(b) 	The petitioner shall have published the notice of
change of name in a newspaper of general circulation in the
State within sixty days of the signing of the notice by the
lieutenant governor and shall deposit the original affidavit in
the 	prescribed 	form 	with the 	office. 	If mailed, 	the 	date of the
postmark shall be 	used in determining date of receipt. 	In any
case where the affidavit is not in proper form as determined by
the office, 	it shall 	not be considered received until it is 	in
the proper form. 	The petitioner has the responsibility for
ensuring that the affidavit is in the proper form and that it is
received by the office by the deadline.
(c) 	The petition shall be void at the end of sixty days
from the date of signing of the notice of change of name if the
affidavit is not properly received by the office as set forth 	in
subsections (a) and (b). 	In the case of a voided petition the
filing fee shall not be transfered to any subsequent petition.
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§2-2-6
(d) 	The petitioner shall forward an original order to the
bureau of conveyances of the department of land and natural
resources. 	[Eff 9/30/69; 	am 8/4/72; 	am 3/11/82; 	am and
comp 	] (Auth: 	HRS 	§574-5) (Imp: 	HRSSEP 2 8 1987§574-5)
§2-2-5.1 	Nonacceptance of petition for processing. 	(a)
The petition for change of name shall not be accepted for
processing by the office unless it meets all the requirements
specified by these rules.
(b) 	W here the petition is not accepted for processing, 	the
petitioner shall be notified of the reasons for such
nonacceptance. 	If petitioner subsequently submits a petition
which is accepted, 	the filing fee paid for the nonaccepted
petition shall be applied to the second, 	accepted petition.
(c) 	W here petitioner resubmits a petition which had
previously not been accepted for processing and which has not
been corrected, 	the petition shall be processed but final
approval of the petition and the granting of the order shall be
within the discretion of the lieutenant governor. 	[Eff and
comp 	SEP 281987 	] 	(Auth: 	HRS 	§574-5) 	(Imp: 	HRS 	§574-5)
§2-2-6 	Procedure following denial by the lieutenant
governor. 	If the lieutenant governor decides to deny the
petition, 	a notice of intent to deny shall be sent by certified
or registered mail to the petitioner. 	The notice of intent to
deny shall state that the lieutenant governor intends to deny
the petition and shall include the reasons for the denial.
If the petitioner desires a hearing on the intent to deny,
the petitioner shall, 	not later than 4:30 p.m. on the tenth day
after receipt of the denial notice, 	file a statement with the
lieutenant governor setting forth facts and arguments showing
the reasons 	why the petition should not be denied. 	The
lieutenant governor shall call a hearing not later than twenty
days following 	receipt of the filed statement and notify the
petitioner 	of the date, 	time and place of the hearing. 	The
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comp 	SEP 2 8 1987 	J 	(Auth: 	HRS 	§574-5 	(Imp: 	HRS 	§574-5)
§2-2-6
decision of the lieutenent governor shall be final and rendered
not later than 4:30 p.m. on the seventh day following the
hearing. 	If the petitioner does not file a statement within the
time specified, 	the notice of intent to deny shall constitute
final denial. 	[Eff 	9/30/69; 	7/30/84; 	and	am 	am
§2-2-6.1 	Confidentiality of records and hearing. 	Petitions
on file with the office are confidential and not a matter of
public record. 	The hearing on the denial of a petition 	shall be
confidential and not open to the public. 	[Eff and
comp 	SEP 2 8 1987 	J 	(Auth: 	HRS 	§574-5) 	(Imp: 	HRS 	§574-5)
§2-2-7 	Filing fee. 	The filing fee for a change of name
under this chapter shall be the amount set forth in section
574-5, 	HRS, 	and is nonrefundable.
[Eff 	9/30/69; 	am 3/11/82; 	am and comp 	SEP 2 8 1987 	J 	(Auth:
HRS 	§574-5) 	(Imp: HRS 	§574-5)
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