Chapter 1 non-accessible PDF version in rules format

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TITLE 	12
§12-1-1
DEPARTMENT OF LABOR AND 	INDUSTRIAL 	RELATIONS
SUBTITLE 1 	OFFICE 	OF THE 	DIRECTOR
CHAPTER 1
ADMINISTRATIVE 	PROCEDURES; 	PUBLIC 	AND PERSONAL 	RECORDS
Subchapter 	1 	Administrative 	Procedures
§12-1-1
§12-1-2
§12-1-3
§12-1-4
§12-1-5
§12-1-6
§§12-1-7
Definitions
The 	department
Petition 	for 	adoption, 	amendment, 	or 	repeal 	of
administrative 	rules
Conduct 	of 	public 	hearing 	on 	adoption,
-amendment, 	or 	repeal 	of 	administrative 	rules
Petition 	for 	declaratory 	ruling
Powers 	respecting 	oaths, 	subpoenas, 	etc.
to 	12-1-49 	(Reserved)
Subchapter 	2 	Public .and 	Personal 	Records
§12-1-50
§12-1-51
§12-1-52
§12-1-53
§12-1-54
§ 12-1-55
Definitions
Public 	records
Confidentiality 	of 	public 	records
Access 	of 	individual 	to 	own 	personal 	record
Correction.or 	amendment 	of 	a 	personal 	record
Review 	procedures
SUBCHAPTER 1
ADMINISTRATIVE PROCEDURES
Historical 	Note: 	Subchapter 	1, 	chapter 	1 	of 	title 	12
is 	based 	substantially 	upon 	Regulation 	XXVI 	entitled
"Relating 	to 	Rulemaking 	Proceedings, 	Declaratory
Rulings, 	and 	Public 	Records 	and 	Information,"
Department of 	Labor 	and 	Industrial 	Relations. 	[Eff.
7 /9/62; 	R 	MAY 11 	1981 	J
§12-1-1 	Definitions. 	When 	used 	in 	this
subchapter:
''Administrative 	rules" 	means 	the 	rules 	of 	the
department. 	-
"Department" 	means 	the 	department 	of 	labor 	and
industrial 	relations.
"Director" 	means 	the 	director 	of 	labor 	and
industrial 	relations.
"Persons" 	shall 	be 	as 	defined 	in 	section 	91-1, 	HRS.
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"Rule" 	shall be 	as 	defined 	in 	section 	91-1, 	HRS.
"Rulemaking" 	means 	the 	process 	of 	adopting,
amending, 	or 	repealing 	the 	administrative 	rules 	of 	the
department. 	[Eff. 	MAY Ji 	1;;1 	(Auth: 	HRS
§26-38) 	(Imp: 	HRS 	§91-1)
§12-1-2 	The department. 	(a) 	The 	principal 	office
of 	the 	department 	is 	at 	825 	Mililani 	Street, 	Honolulu,
Hawaii 	96813. 	Unless 	otherwise 	provided 	by 	law,
administrative 	rules, 	or 	by 	direction 	of 	the
department, 	all 	written 	communications 	shall 	be 	sent
to 	the director 	at 	that 	address.
(b) 	The 	offices 	of 	the 	department 	shall 	be 	open
to 	the 	public 	from 	7:45 	a.m. 	to 	4:30 	p.m., 	Monday
through 	Friday, 	unless 	otherwise 	provided 	by 	law,
administrative 	rules, 	or 	executive 	order.
(c) 	The 	director 	shall 	be 	responsible 	for 	the
custody 	and maintenance 	of 	the 	official 	files 	and
records 	of 	the 	department. 	All 	orders 	and 	other
actions 	of 	the 	department 	shall 	be 	authenticated,
signed, 	or 	otherwise 	authorized 	by 	the 	director 	or
authorized department 	personnel.
(d) 	All 	documents 	required. to 	be 	filed 	with 	the
department 	shall 	be 	filed 	in 	the 	office 	of 	the
director 	or 	other 	designated 	offices 	of 	the ·department
within 	such 	time 	limits 	as 	are 	prescribed 	by 	law,
administrative 	rules, 	or 	orders 	of 	the 	department.
[Eff. 	-:'..W l '. 	:·,, 	] 	(Auth: 	HRS 	§§26-38, 	91-2)
(Imp: 	HRS 	§§26-38, 	91-2)
§12-1-3 	Petition 	for 	adoption, 	amendment, 	or
repeal 	of 	rules. 	(a) 	A petition 	for 	rulemaking, 	as
authorized 	by 	section 	91-6, 	HRS, 	shall 	set 	forth 	the
text 	of 	any proposed 	rule 	or 	amendment 	or 	shall
specify 	the 	rule 	for 	which 	repeal 	is 	desired, 	as 	well
as 	state 	any 	facts, 	views, 	and 	data deemed 	relevant 	by
the 	petitioners.
(b) 	Upon 	filing, 	the 	director 	may 	also 	require
the 	petitioner 	to 	provide 	copies 	to 	other 	persons 	or
agencies 	who 	have 	requested 	to 	be 	notified 	of 	any
proposed 	rulemaking 	in 	the 	subject 	area.
(c) 	If 	the 	director 	determines 	that 	the 	petition
does 	not disclose 	sufficient 	reasons 	to 	justify 	the
initiation 	of 	proceedings 	in 	accordance 	with 	section
91-3, 	HRS, 	or 	if 	the 	petition 	fails 	in 	material
respect 	to 	comply with 	this 	subchapter, 	the 	dire~tor
shall deny 	the 	petition 	and 	the 	petitioner 	shall 	be 	so
notified 	in writing. 	No 	public 	hearing, 	oral
arguments, 	or 	other 	form 	of 	proceedings 	shall 	be 	held
directly 	on 	such 	petition. 	[Eff. 	H~ 1 I GM 	l
(Auth: 	HRS §26-38) 	(Imp: 	HRS 	§91-6)
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§12-1-5
§12-1-4 	Conduct 	of 	public 	hearing 	on 	adoption,
amendment, 	or 	repeal of 	administrative 	rules.
(a) 	The 	public 	hearing 	on 	rulemaking 	shall 	be 	held 	at
the 	principal 	office 	of 	the 	department 	and 	presided
over 	by 	the 	director 	or 	a 	duly 	authorized
representative. 	Additional 	hearings may 	be 	conducted
elsewhere 	within 	the 	State. 	Each 	hearing 	shall 	be
held 	at 	the 	time 	and 	place 	set 	forth 	in 	the 	notice 	of
hearing.
(b) 	At 	the 	commencement 	of 	the 	hearing, 	the
presiding 	officer 	shall 	read 	the 	notice 	of 	the 	hearing
and 	state 	the 	procedures 	to 	be 	followed. 	The
presiding 	officer 	shall 	have 	authority 	to 	administer
oaths 	or 	affirmations 	and 	to 	take 	all 	other 	actions
necessary 	for 	the 	orderly 	conduct 	of 	the 	hearing.
(c) 	Interested 	persons 	and 	agencies, 	in 	such
order 	as 	the 	presiding 	officer 	may 	prescribe, 	shall 	be
given 	a 	reasonable 	opportunity 	to 	offer 	testimony 	on
matters 	specified 	in 	the 	notice 	of 	hearing. 	Before
testifying, 	individuals 	shall 	state 	their 	names,
addresses, 	organizations, 	and 	such 	other 	information
respecting 	their 	appearance 	as 	the 	presiding 	officer
may 	request. 	Every 	witness 	shall 	be 	subject 	to
questioning 	by 	the 	presiding 	officer 	or 	any 	other
authorized 	representative 	of 	the 	department.
Questioning 	by 	other 	individuals 	shall 	not 	be
permitted 	except when 	authorized 	by 	the 	presiding
officer. 	Unless 	ordered 	by 	the 	presiding 	officer,
testimony 	given 	at 	the 	hearing 	shall 	not 	be 	reported
verbatim.
(d) 	Persons 	or 	agencies 	wishing 	to 	testify 	but
unable 	to 	attend 	the 	public 	hearing 	shall 	submit 	their
written 	testimony 	by 	the 	time 	and 	date 	specified 	in
the 	notice 	of 	hearing 	to 	any 	office designated 	in 	the
notice 	of 	hearing 	for 	receiving 	such 	testimony.
(e) 	The 	hearing 	may 	be 	continued 	by 	the 	presiding
officer 	to 	a 	later 	time 	or 	date 	or 	to 	a 	different
place 	without 	notice 	other 	than 	t~aij~Quncement
thereof 	at 	the 	hearing. 	[Eff. 	l • ,181
(Auth: 	HRS 	§§26-38, 	91-2) 	(Imp: 	HRS 	§91-3)
§12-1-5 	Petition 	for 	declaratory 	ruling. 	(a) 	On
petition 	of 	an 	interested 	person 	or 	agency, 	the
director 	may 	issue 	a 	declaratory 	order 	as 	to 	the
applicability 	of 	any 	statutory provision,
administrative 	rule, 	or 	order 	of 	the 	director.
Petitions 	shall:
(1) 	State 	clearly and 	concisely 	the 	controversy
or 	uncertainty;
(2) 	Shall 	cite 	the 	statutory 	authority 	involved;
and 	·
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(3) 	Shall 	include 	a 	complete 	statement 	of 	the
facts 	and 	the 	reasons 	prompting 	the 	petition,
together 	with 	full 	disclosure 	of 	petitioner's
interest.
(b) 	Upon 	receipt 	of 	the 	petition, 	the 	director
may 	require 	the 	petitioner 	to 	file 	additional 	data 	or
memoranda 	in 	support 	of 	the 	position 	taken 	by 	the
petitioner.
(c) 	The 	director, 	without 	notice 	or 	hearing, 	may
dismiss 	a 	petition 	for 	declaratory 	ruling 	for 	want 	of
a 	substantial 	question 	or 	for 	material 	failure 	to
comply 	with 	the 	requirements 	of 	this 	section, 	and 	the
petitioner 	will 	be 	so 	notified 	in writing.
(d) 	Although 	no 	hearing 	need 	be 	granted 	to 	the
petitioner 	or 	to 	any 	interested 	person 	in 	the 	usual
course 	of 	disposition 	of 	a 	petition 	for 	a 	declaratory
ruling, 	the 	director 	may 	order 	a 	hearing 	upon 	written
request 	of 	the 	petitioner 	stating 	in detail why 	a
hearing 	is 	necessary 	for 	a 	fair 	consideration 	of 	the
petition.
(e) 	Notwithstanding 	any 	other 	provisions 	of 	this
section, 	the director 	may 	issue 	a 	declaratory 	order 	to
terminate 	a 	controversy 	or 	to 	remove 	uncertainty.
[Eff. 	MAY 11 1981 	] (Auth: 	HRS §§26-38, 	91-8)
(Imp: 	HRS 	§91-8)
§12-1-6 	Powers 	respecting 	oaths, 	subpoenas, 	etc.
Officials 	of 	the 	department 	who 	may 	represent 	the
director 	in 	the 	enforcement 	of 	the 	provisions 	of
section 	371-6, 	HRS, 	are:
(1) 	The 	deputy director:
(2) 	Division 	administrators 	and departmental
field 	representatives 	or 	officials acting 	in
the 	capacity 	thereof. 	(Eff. 	MAY 1 1 1,81 	]
(Auth: 	HRS 	§371-1) 	(Imp: 	·HRS 	§371-6)
§§12-1-7 	to 	12-1-49 	(Reserved)
SUBCHAPTER 2
PUBLIC AND 	PERSONAL 	RECORDS
§12-1-50 	Definitions. 	When 	used 	in 	this
subchapter:
"Administrative 	rules" 	means 	the 	rules 	of 	the
department.
"Agency" 	shall 	be 	as 	defined 	in 	section 	92E-l, 	HRS.
"Department" 	means 	the 	department 	of 	labor 	and
industrial 	relations.
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"Director" 	means 	the 	director 	of 	labor 	and
industrial 	relations.
"Individual" 	shall 	be 	as 	defined 	in 	section 	92E-l,
HRS. "Personal 	record" 	shall 	be 	as defined 	in 	section
92E-l, 	HRS •.
"Public 	record" 	shall 	be 	as 	defined 	in 	section
92-50, 	HRS. 	[Eff. 	MAY 1 l i'.31 	) (Auth: 	HRS
§26-38) 	(Imp: 	HRS 	§§92-50, 	92-51, 	92E-l)
§12-1-51 	Public 	records. 	(a) 	Public 	records
shall 	be 	available 	for 	inspection 	in 	accordance with
section 	92-51, 	HRS, 	and 	the 	administrative 	rules.
(b) 	Requests 	to 	inspect or 	obtain 	copies 	of
public 	records 	shall 	be 	made 	in writing 	to 	the
department. 	The 	request 	shall 	identify 	or 	describe
the 	public 	record 	and 	state 	the purpose 	for 	which 	the
request 	is 	made.
(c) 	When 	denying 	a 	request 	for 	inspection 	of
public 	records, 	the 	department 	shall 	state 	its 	reason
for 	ref~sal 	and 	procedures 	for 	review of 	the 	refusal.
(d) 	A reasonable 	fee, 	determined 	in 	accordance
with 	section 	91-21, 	HRS, 	may be 	charged 	for 	copies
furnished. 	[Eff: 	M~Y 11 !981 	] (Auth: 	HRS 	§26-38)
(Imp: 	HRS 	§§91-2, 	92-51)
§12-1-52 	Confidentiality of 	public 	records. 	(a)
Confidential 	information 	and 	records, 	disclosure 	of
which 	is 	prohibited 	except 	as 	authorized 	by 	law or
administrative 	rules, 	include 	those:
(1) 	Specified 	in 	section 	383-95, 	HRS, 	and 	chapter
5, 	title 	12, 	administrative 	rules;
(2) 	Specified 	in 	section 	396-14, 	HRS;
(3) 	Collected 	in 	the 	administration 	of 	chapters
386, 	392, 	and 	393, 	HRS, 	such 	as 	financial
data 	of 	an 	employer 	or 	insurance 	carrier;
(4) 	Collected 	in 	the 	administration 	and
enforcement 	of 	chapters 	104, 	378, 	387, 	and
388, 	HRS;
(5) 	Collected 	in 	the 	administration 	of 	chapter
372, 	HRS, 	such 	as 	wage 	schedules 	and 	personal
data 	of 	apprentices;
(6) 	Classified 	as 	personal 	records;
(7) 	Designated 	by 	the 	director 	to 	insure 	fair 	and
equitable 	administration 	or 	enforcement 	of
the 	law.
(b) 	Any 	provision 	of 	this chapter
notwithstanding, 	the 	director 	may 	authorize 	disclosure
of 	confidential 	records 	or 	information, 	when 	it 	is
deemed 	to 	be 	in 	the 	public 	interest, 	provided 	those
records 	are 	not 	specifically prohibited 	from
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disclosure 	by 	State
[ Eff: 	~iAY l I jCI!
HRS 	§92-51) 	. 	··•
or 	Federal 	law.
] (Auth: 	HRS 	§26-38) 	(Imp:
§12-1-53 	Access 	of 	individual 	to 	own 	personal
record. 	(a) 	An 	individual's 	request 	for 	access 	to 	the
individual's 	personal 	record 	may 	be 	made 	either
verbally 	or 	in writing 	to 	the department. 	Unless
exempted 	by 	section 	92E-3, 	HRS, 	other 	applicable 	law,
or 	administrative 	rules, 	the 	personal 	record 	shall 	be
made 	available 	for 	review during 	the 	normal 	business
hours 	of 	the 	department. 	The 	individual 	shall 	provide
adequate 	identification 	prior 	to 	this 	review.
(b) 	The 	department 	shall 	furnish 	copies 	of 	the
personal 	record 	when 	requested 	by 	the 	individual.
Charges 	shall 	be 	determined 	in 	accordance 	with 	section
92E-7, 	HRS.
(c) 	The 	agent 	of 	an 	individual, 	when 	so
designated 	and 	authorized 	in writing 	by 	the
individual, 	shall 	have 	access 	to 	the 	personal 	record
of 	the 	individual 	as 	provid~d 	for 	in 	this 	section.
(d) 	When 	denying 	the 	request 	for 	access 	to 	an
individual's 	personal 	record, 	the 	department 	shall
inform 	the 	individual 	in 	writing 	of 	its 	refusal, 	the
reason 	for 	the 	refusal, 	~nd procedures 	for 	review 	of
the 	refusal. 	[Eff. 	MA¥ 11 Im 	] (Auth: 	HRS
S92E-10) 	(Imp: 	HRS 	§§92E-2, 	92E-3, 	92E-4, 	92E-6,
92E-7)
§12-1-54 	Correction 	or 	amendment 	of 	a 	personal
record. 	To 	correct 	or 	amend 	a 	personal 	record 	in
accordance 	with 	section 	92E-8, 	HRS, 	the 	individual
shall 	submit 	a 	written 	request 	to 	the 	department 	that
contains 	the 	following 	information:
(1) 	Name 	and 	address 	of 	the 	individual;
(2) 	Title 	of 	the 	personal 	record;
(3) 	Information 	to 	be 	corrected 	or 	amended; 	and
(4) 	Supporting 	evidence 	or 	information.
[Eff. 	MAY 11 DJ/ 	] (Auth: 	HRS 	S92E-10)
(Imp: 	HRS 	§92E-8)
§12-1-55 	Review 	procedures. 	An 	individual 	shall
submit 	a 	written 	request 	to 	the 	director 	for 	a 	review
of 	the 	department's 	refusal 	to 	allow 	access 	to, 	or
correction 	or 	amendment 	of 	a 	personal 	record. 	It 	may
contain 	any 	additional 	pertinent 	information 	or
evidence. 	[Eff. 	:- . . 	·I 	) (Auth: 	HRS 	§92E-l0)
(Im?: 	HRS 	§92E-9)
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