Hawaii Administrative Rules, Title 2 — Office of the Lieutenant Governor

Subtitle 1 ADMINISTRATION

Chapter 1 RULEMAKING, DECLARATORY RULINGS AND PUBLIC RECORDS AND INFORMATION

Haw. Code R. § 2-1-1 Definitions

As used in this chapter, unless otherwise specifically indicated:

"Agency" means each state or county board, commission, department, or officer authorized by law to make rules or to adjudicate contested cases except those in the legislative or judicial branches.

"Lieutenant governor" means the lieutenant governor of the State of Hawaii.

"Office" means the office of the lieutenant governor.

"Person" or "Persons" includes individuals, partnerships, associations, corporations, public or private organizations or any character other than agencies.

History

• [Eff. 9/30/69; am and ren § 2-1-1 MAR 11 1982] (Auth: HRS § 91-2) (Imp: HRS § 91-1)

Haw. Code R. § 2-1-2 Office

(a) The principal address of the office shall be the Hawaii State Capitol Building, Honolulu, Hawaii. Unless otherwise specifically provided by law or by direction of the office, all communications to the office shall be sent to the lieutenant governor at such address.

(b) The office shall be open for the transaction of public business between the hours of 7:45 a.m. to 4:30 p.m., Monday to Friday, inclusive, unless otherwise provided by statute or executive order.

(c) The lieutenant governor shall have charge of the official files and records of the office and shall be responsible for the maintenance and custody of the same, in addition to all papers and requests, findings and determinations, reports, opinions, rules and approved forms. All orders and other actions of the office shall be authenticated and signed, or otherwise authorized by the lieutenant governor or the duly authorized subordinate.

History

• [Eff. 9/30/69; am and ren § 2-1-2 MAR 11 1982] (Auth: HRS § 91-2) (Imp: HRS § 80-1)

Haw. Code R. § 2-1-3 Public records and information

(a) The term "public records" as used in this section, shall be defined as in § 92-50, Hawaii Revised Statutes. Public records include the rules, written statements of policy or interpretation formulated, adopted or used by the office, all final opinions, rulings and orders, the minutes of public meetings of the office, and any other material on file for public inspection in the office, but public records shall not include records which invade the right of privacy of an individual or which are deemed confidential pursuant to law.

(b) All public records shall be available for inspection by the public in the office during the established office hours unless public inspection of such records is in violation of any law.

(c) A person may request a copy of a public record and shall be entitled to the same, provided that the person pays the cost thereof, including the cost of printing and reproduction, publication and mailing, or in the case of a charge specified by law or by rule, such specified charge.

(d) Requests for public information, requests for permission to inspect public records and requests for copies of public records may be made by the public in writing to the lieutenant governor.

History

• [Eff. 9/30/69; am and ren § 2-1-3 MAR 11 1982] (Auth: HRS § 91-2) (Imp: HRS § 92-21)

Haw. Code R. § 2-1-4 Petition for adoption, amendment or repeal of rules

(a) A petition requesting the adoption, amendment or repeal of any rule of the lieutenant governor may be filed with the office. The petition shall include both the text of the affected rule according to the Ramseyer format and the text of the affected rule in its final form. The petition shall also clearly and concisely state: the exact changes to be made and the reasons for the changes; the final result to be expected by instituting the proposed adoption, amendment or repeal of the rule; full disclosure of the petitioner's interest including any relevant facts, views, arguments or data. The lieutenant governor may serve or require the petitioner to serve a copy of the petition on other persons or agencies known to be interested or affected thereby.

(b) Upon filing, the petition shall be given a docket number and become a matter of public record. Within thirty days after the filing of the petition, the lieutenant governor shall either deny the petition in writing, stating the reasons for the denial, or initiate proceedings for the adoption, amendment or repeal of the rule as provided by law.

(c) Notwithstanding any petition or the disposition thereof, nothing in this section shall operate to prohibit the lieutenant governor from adopting, amending or repealing the rules or from taking any action on any matter disclosed in the petition.

History

• [Eff. 9/30/69; am and ren § 2-1-4 MAR 11 1982] (Auth: HRS § 91-2) (Imp: HRS § 91-6)

Haw. Code R. § 2-1-5 Public hearing for adoption, amendment or repeal of rules

(a) The lieutenant governor or the duly authorized representative shall preside over the public hearing for the adoption, amendment or repeal of the rule. The hearing shall afford all interested persons a reasonable opportunity to be heard on matters relevant to the issues involved; provided that the presiding officer shall have the authority and responsibility to take all other actions necessary to obtain a clear and competent record in an orderly manner.

(b) The hearing shall be held on the day and at the time and place designated in the notice of the hearing. A duly noticed hearing may be continued to a later time or date or to a different place if at the hearing the presiding officer first determines that the public interest would best be served by the continuance and further, that the continuance would not circumvent the spirit of this section. If the hearing is continued, notice of the new hearing shall be provided by announcing the new date, time and place at the original hearing and by giving reasonable notice to the public at large.

(c) At the commencement of the hearing, the presiding officer shall identify himself and his staff, read the notice of hearing, and outline briefly the procedure to be followed. Oral or written testimony may be received with respect to the matters specified in the notice of hearing and in such order as the presiding officer shall prescribe.

(d) All interested persons shall be given a reasonable opportunity to testify with respect to the matters specified in the notice of hearing. Every witness shall, before testifying, state his or her name and address, whom he or she represents at the hearing, and shall give such other information respecting his or her appearance as the presiding officer may request. Every witness shall be subject to questioning by the presiding officer or by any other authorized representative of the office, but no questions or cross-examination by the public shall be permitted without the presiding officer's permission.

(e) Unless otherwise specifically ordered by the presiding officer, testimony taken at the hearing need not be recorded verbatim.

History

• [Eff 9/30/69; am and ren § 2-1-5 MAR 11 1982] (Auth: HRS § 91-2) (Imp: HRS § 91-3)

Haw. Code R. § 2-1-6 Petition for declaratory rulings

(a) A petition for a declaratory ruling as to the applicability of any statutory provision or the applicability of any rule or order of the lieutenant governor may be filed with the office. The petition shall clearly and concisely state: the pertinent statutory provision, rule or order; the nature of the problem or controversy; a complete statement of the relevant facts; the remedy being sought; the reasons for the petition including full disclosure of the petitioner's interest and the effect of the statutory provision, rule or order on the petitioner.

(b) Upon receipt of the filed petition and after an examination of the contents thereof, the lieutenant governor may conduct a hearing on the matter or require the petitioner to file additional data or memoranda.

(c) After complete review of the petition and the record thereof, the lieutenant governor may either dismiss or grant the petition, or issue any other declaratory order or ruling appropriate to the matter.

History

• [Eff 9/30/69; am and ren § 2-1-6 MAR 11 1982] (Auth: HRS § 91-2) (Imp: HRS § 91-8)

Chapter 2 CHANGE OF NAME

Haw. Code R. § 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.

History

• [Eff 9/30/69; am 3/11/82; am and comp SEP 28 1987] (Auth: HRS § 574-5) (Imp: HRS § 574-5)

Haw. Code R. § 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 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:

(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 initiated 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.

History

• [Eff 9/30/69; am 7/30/84; am and comp SEP 28 1987] (Auth: HRS § 574-5) (Imp: § 574-5)

Haw. Code R. § 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.

(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.

History

• [Eff 9/30/69; am 8/4/72; am 3/11/82; am and comp SEP 28 1987] (Auth: HRS § 574-5) (Imp: HRS § 574-5)

Haw. Code R. § 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.

History

• [Eff. 9/30/69; am 8/4/72; am 3/11/82; am and comp SEP 28 1987] (Auth: HRS § 574-5) (Imp: HRS § 574-5)

Haw. Code R. § 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.

(d) The petitioner shall forward an original order to the bureau of conveyances of the department of land and natural resources.

History

• [Eff 9/30/69; am 8/4/72; am 3/11/82; am and comp SEP 28 1987] (Auth: HRS § 574-5) (Imp: HRS § 574-5)

Haw. Code R. § 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) Where 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) Where 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.

History

• [Eff and comp SEP 28 1987] (Auth: HRS § 574-5) (Imp: HRS § 574-5)

Haw. Code R. § 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 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.

History

• [Eff 9/30/69; am 7/30/84; am and comp SEP 28 1987] (Auth: HRS § 574-5 (Imp: HRS § 574-5)

Haw. Code R. § 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.

History

• [Eff and comp SEP 28 1987] (Auth: HRS § 574-5) (Imp: HRS § 574-5)

Haw. Code R. § 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.

History

• [Eff 9/30/69: am 3/11/82: am and comp SEP 28 1987] (Auth: HRS § 574-5) (Imp: HRS § 574-5)

Subtitle 7 OFFICE OF INFORMATION PRACTICES

Chapter 71 AGENCY PROCEDURES AND FEES FOR PROCESSING GOVERNMENT RECORD REQUESTS

Subchapter 1 GENERAL PROVISIONS

Haw. Code R. § 2-71-1 Purpose, scope, and construction

The purpose of this chapter is to establish:

(1) Procedures and time limits that agencies shall follow when processing requests to inspect or copy government records under part II of the Uniform Information Practices Act (Modified), chapter 92F, Hawaii Revised Statutes; and

(2) The fees that agencies may charge for searching for, reviewing, and segregating government records and a waiver of these fees when the public interest would be served. The fees set forth in this chapter are not intended to obstruct public access to disclosable government records, but rather are intended to allow agencies to recover some costs in providing access disclosable records upon request.

History

• [Eff FEB 26 1999] (Auth: HRS § 92F-42) (Imp: HRS § 92F-11)

Haw. Code R. § 2-71-2 Definitions

Unless the context otherwise requires, in this chapter:

"Access" means inspection of disclosable government records, acquisition of copies of disclosable government records, or both, when requested by any person.

"Agency" shall be as defined in section 92F-3, HRS.

"Business day" means a government agency business day within the office hours set forth in section 80-1, HRS, excluding Saturdays, Sundays, and state holidays observed pursuant to chapter 8, HRS.

"Disclosable record" means a government record that is required to be made available for public inspection and copying under chapter 92F, HRS, after payment of applicable fees.

"Formal request" means a request that is in written, electronic, or other physical form that a person submits to an agency for access to records and that contains the information prescribed by section 2-71-12(b).

"Government record" shall be as defined in section 92F-3, HRS.

"Individual" shall be as defined in section 92F-3, HRS.

"Informal request" means a request, in any form, that a person submits to an agency for access to records and to which the agency responds in accordance with section 2-71-11.

"Maintain" means to hold, possess, preserve, retain, store, or administratively control.

"OIP" means the office of information practices, office of the lieutenant governor, State of Hawaii.

"Person" shall be as defined in section 92F-3, HRS.

"Personal record" shall be as defined in section 92F-3, HRS.

"Prepayment" means the fees that a requester must tender to the agency before the agency begins processing a request for records in accordance with section 2-71-19(b).

"Record" means one or more government records, or any portion thereof, requested for public inspection or copying.

"Requester" means any person making a request for . public inspection or copying of a government record under this chapter.

"Review" means to examine a government record, in response to a request for access to the record, in order to determine which portions, if any, of the record are exempt from disclosure by law. Review does not include the time spent by the agency, or another person, to resolve issues of general law or policy regarding the applicability of exceptions to disclosure under chapter 92F, HRS.

"Search" means to look for a government record, including page-by-page or line-by-line identification of a government record. A search may be performed manually or by computer using existing retrieval or programming capabilities.

"Segregate" means to prepare a government record for disclosure by excising any portion of the record that wills sot be disclosed under chapter 92F, HRS.

History

• [Eff FEB 26 1999 ] (Auth: HRS § 92F-42) (Imp: HRS § 92F-3)

Haw. Code R. § 2-71-3 Reporting to the OIP

As required by the OIP, each agency shall file with the OIP a report setting forth the following information:

(1) The number of requests for access to records for which fees were assessed; and

(2) The number of requests for access to records which qualified for a waiver of fees pursuant to section 2-71-32, and the amount of fees waived for each request.

History

• [Eff FEB 26 1999] (Auth: HRS § 92F-42) (Imp: HRS § 92F-42)

Haw. Code R. §§ 2-71-4 to 2-71-10 Reserved

Subchapter 2 AGENCY PROCEDURES FOR PROCESSING RECORD REQUESTS UNDER PART II OF CHAPTER 92F, HAWAII REVISED STATUTES

Haw. Code R. § 2-71-11 Informal requests for access to government records; agency response

(a) Any person may, during an agency's regular business hours, submit an informal request for access to records.

(b) Upon receiving an informal request under this section, an agency shall respond to the request by doing one or more of the following:

(1) Provide access to any disclosable record requested pursuant to part II of chapter 92F, HRS, in a reasonably timely manner; provided that if the agency will charge the requester $15 or more in fees, pursuant to section 2-71-19, the agency shall inform the person of the amount of fees, or an estimate thereof, before processing the request.

(2) Deny access to all or any part of the records requested that will not be disclosed under section 92F-13, HRS, or any other law; provided that if the requester disagrees with the agency's denial, the agency shall advise the requester of the option of submitting a formal request.

(3) Inform the requester that the agency does not maintain the record; or

(4) Inform the requester to submit a formal request in accordance with section 2-71-12.

(c) When a requester is not satisfied with the agency's response, or its failure to respond, to the informal request, the requester may make a formal request for access to records in accordance with section 2-71-12.

(d) A request that complies with section 2-71-12 shall be treated as a formal request under this chapter, unless otherwise agreed upon by the requester and the agency.

History

• [Eff FEB 26 1999] .(Auth: HRS § 92F-42) (Imp: HRS § 92F-11)

Haw. Code R. § 2-71-12 Formal requests for access to government records; contents

(a) Any person may, during an agency's regular business hours, submit a formal request for access to records in accordance with this section.

(b) A formal request shall be in written, electronic, or other physical form and shall contain the following information:

(1) Information that would enable the agency to correspond with or contact the requester;

(2) A reasonable description of the requested record to enable agency personnel to locate it with reasonable effort. The description should include, if known, the record name, subject matter, date, location, and any other additional information that reasonably describes the requested record;

(3) If applicable, a request for a waiver of fees for searching for, reviewing, or segregating the requested record, when the requester believes that a waiver would serve the public interest in accordance with section 2-71-32; provided that the request states the requester's identity and other facts that support the request for a waiver of fees; and

(4) A request to inspect or obtain a copy of the records described and, if applicable, the means by which the requester would like to receive the copy.

History

• [Eff FEB 26 1999] (Auth: HRS § 92F-42) (Imp: HRS § 92F-11)

Haw. Code R. § 2-71-13 Formal request received; agency response; time limits

(a) When an agency receives a request for access to a record that is:

(1) Required to be disclosed under section 92F-12, HRS, in its entirety; or

(2) Available for public access in its entirety, The agency shall disclose the record within a reasonable time not to exceed ten business days.

(b) When an agency receives a request for access to a record that is not covered by subsection (a), including records that will be segregated, the agency shall:

(1) Provide a notice in accordance with section 2-71-14 within ten business days; and

(2) Disclose the requested record within five business days after providing notice or, when applicable, after receiving a prepayment under section 2-71-19; provided that the agency may disclose incrementally when authorized under section 2-71-15.

(c) When an agency receives a request for access to a record that is not covered by subsection (a), and extenuating circumstances exist in accordance with section 2-71-15, the agency may provide a written acknowledgment Within ten business days of the date of the request. The written acknowledgment, if provided, shall state that the notice required under section 2-71-14 shall be sent within a reasonable time not to exceed twenty business days following the date when the agency received the request and shall:

(1) Provide a notice in accordance with section 2-71-14 within the time stated in the written acknowledgment; and

(2) Disclose the requested record within five business days after providing notice or, when applicable, after receiving a prepayment under section 2-71-19; except where the agency is authorized to disclose incrementally under section 2-71-15.

(d) When a unit of an agency receives a request for a record that should have been otherwise directed to another unit of the same agency for a response, the unit receiving the request shall promptly forward the request to the head of the unit's department.

(e) When one unit of an agency forwards a request to the head of that department, the duties of this section do not commence until the head receives the request.

(f) When an agency receives a request for a record that it does not maintain and reasonably believes that another agency maintains the record, the agency receiving the request shall provide a notice in accordance with section 2-71-14(c)(1).

History

• [Eff FEB 26 1999] (Auth: HRS § 92F-42) (Imp: HRS § 92F-11)

Haw. Code R. § 2-71-14 Agency's notice

(a) When the agency intends to disclose a record in response to a formal request, the agency's written notice to the requester shall state:

(1) The location where the record will be made available to the requester in accordance with section 2-71-18;

(2) The following information about fees, if applicable:

(A) A good faith estimate of all fees that will be charged to the requester under section 2-71-19;

(B) Whether a requested waiver has been granted under section 2-71-32; and

(C) The amount of prepayment required, if any.

(3) Instructions, if any, regarding any additional arrangements that the requester must make with the agency to inspect or copy the records;

(4) When the agency will make the record available to the requester under section 2-71-13; and

(5) A description of extenuating circumstances, if any, under section 2-71-15, and, if it is the case, the agency's intent to disclose the records incrementally.

(b) When the agency intends to deny access to all or part of the information in the requested record, the agency's notice to the requester shall state:

(1) The specific record or parts of the record that will not be disclosed; and

(2) The specific legal authorities under which the request for access is denied under section 92F-13, HRS, or other laws.

(c) When an agency is unable to disclose a record, the agency's notice shall state that the agency is unable to disclose the requested record, or part thereof, because:

(1) The agency does not maintain the record, and the agency may provide the name and address of another agency that, as the agency reasonably believes, may maintain the requested record;

(2) The agency requires a further description or clarification of the requested record in order to identify and search for the record; or

(3) The request requires the agency to create a summary or compilation of information from records that is not readily retrievable.

History

• [Eff FEB 26 1999 ] (Auth: HRS § 92F-42) (Imp: HRS § 92F-11)

Haw. Code R. § 2-71-15 Extenuating circumstances; incremental disclosures

(a) As used in this chapter, extenuating circumstances exist when:

(1) The agency must consult with another person to determine whether the record is exempt from disclosure under chapter 92F, HRS;

(2) The request requires extensive agency efforts to search, review, or segregate the records, or otherwise prepare the records for inspection or copying;

(3) The agency requires additional time to respond to the request in order to avoid an unreasonable interference with its other statutory duties and functions; or

(4) A natural disaster or other situation beyond the agency's control prevents the agency from sending a notice or responding to the request within ten business days.

(b) When extenuating circumstances are present, and when the requested records are voluminous, an agency may, in good faith, elect to make the records available in increments and shall:

(1) Send a notice in accordance with section 2-71-14; provided that the agency may-instruct the requester in the notice to pay a specified portion of the estimated fees before the agency processes each increment in lieu of making one prepayment under section 2-71-19; and

(2) Disclose each increment within twenty business days after either:

(A) The prior incremental disclosure, when receiving one prepayment in accordance with section 2-71-19; or

(B) Receipt of each incremental prepayment required under this rule.

(c) If an agency processes a request in increments, the agency shall do so until:

(1) All requested records have been disclosed; or

(2) The reguester abandons the request.

History

• [Eff FEB 26 1999 ] (Auth: HRS § 92F-42) (Imp: HRS § 92F-11)

Haw. Code R. § 2-71-16 Requester's responsibilities; abandonment of request

(a) The requester shall:

(1) Pay any fees assessed by the agency in accordance with sections 2-71-15 or 2-71-19, whichever is applicable;

(2) Make any arrangements with the agency to inspect and copy the disclosable record as instructed by the agency's notice; and

(3) If able, provide the agency with further clarification or description of the requested record if so requested by the agency's notice under section 2-71-14.

(b) The requester shall be presumed to have abandoned the record request, and the agency shall have no duty to further process the request, when the requester fails to comply with subsection (a) within twenty business days after, whichever of the following is applicable:

(1) The postmark date of the agency's notice; or

(2) The date that the agency made the record available under sections 2-71-13 or 2-71-15 if the requester was informed in a reasonable manner as to when and where the record would be made available.

History

• [Eff FEB 26 1999 ] (Auth: HRS § 92F-42) (Imp: . HRS § 92F-11)

Haw. Code R. § 2-71-17 Segregation of information in records

(a) When information in a requested record is not required to be disclosed under section 92F-13, HRS, or any other law, an agency shall assess whether the information is reasonably segregable from the requested record. If the record is reasonably segregable, the agency shall:

(1) Provide access to the portions of the record that are required to be disclosed under chapter 92F, HRS; and -

(2) Provide a notice to the requester in accordance with section 2-71-14(b) regarding information that is not disclosed.

(b) An agency shall segregate information from a requested record in such a way so that it is reasonably apparent that information has been removed from the -record. An agency shall not replace information that has been segregated with information or text that did not appear in the original record.

History

• [Eff FEB 26 1999 (Auth: HRS § 92F-42) (Imp: HRS § 92F-11)

Haw. Code R. § 2-71-18 Location of disclosure; alternatives

(a) The location where an agency makes a record available to the requester for inspection or copying shall be where the agency maintains the record or where the agency has accommodations for inspection and copying.

(b) If access to a record is requested at a location other than as provided in subsection (a), the agency shall make a reasonable effort to accommodate the request so long as the record is not the agency's only original record and the arrangement does not unreasonably interfere with the agency's functions.

(c) When a requester requests that a copy of a record be transmitted by mail, telefax, or other means, the agency shall make a reasonable effort to transmit the copy of the record in the manner sought by the requester; provided that the requester pays all fees assessed under section 2-71-19 and the transmission does not unreasonably interfere with the agency's functions.

History

• [Eff ; FEB 26 1999] (Auth: HRS § 92F-42) (Imp: HRS § 92F-11)

Haw. Code R. § 2-71-19 Assessment of fees; prepayment

(a) When a person requests access to a government record under part II of chapter 92 F, HRS, the agency may charge the requester:

(1) Fees for searching for, reviewing, and segregating the record; provided that these fees shall be assessed in accordance with this chapter; and

(2) Any other lawful fees.

(b) An agency may require a requester to prepay the following before the agency begins the search for and review of records in order to respond to a request for access:

(1) Fifty per cent of the total estimated fees for searching for, reviewing, and segregating records when the estimated fees exceed $3 0;

(2) One hundred per cent of other estimated lawful fees under paragraph (a) for other services to prepare and or transmit the record; and

(3) One hundred per cent of the outstanding fees from previous requests, including abandoned requests, in accordance with subsection (d).

(c) The agency shall inform the requester of the requirement to prepay in its notice in accordance with section 2-71-14.

(d) A requester is liable for and shall pay any fees outstanding for services rendered by an agency to respond to any previous or current request. Upon written request, the agency shall Drpvide an itemized bill of all fees assessed.

History

• [Eff FEB 26 1999 ] (Auth: HRS § 92F-42) (Imp: HRS § 92F-42)

Haw. Code R. § 2-71-20 Public access to disclosable records provided by a secondary source

(a) An agency may . make arrangements to have another person serve as a secondary source of agency information,- provided that the agency itself does the following:

(1) Allows public inspection and duplication of any disclosable government record that the agency maintains pursuant to chapter 92F, HRS; and

(2) Performs, as necessary, any review and segregation of a government record before providing the record, or a copy thereof, to the secondary source for the purpose of making the record available for public inspection and copying upon request.

(b) "Secondary source" means a person, including another agency, commercial entity, or nonprofit organization, with whom an agency makes arrangements to offer public inspection and copying of disclosable information from Government records of the agency.

History

• [Eff FFB 26 1999] (Auth: HRS § 92F-42) (Imp: HRS § 92F-42)

Haw. Code R. §§ 2-71-21 to 2-71-30 Reserved

Subchapter 3 FEES FOR SEARCHING FOR, REVIEWING, AND SEGREGATING GOVERNMENT RECORDS

Haw. Code R. § 2-71-31 Fees for searching for, reviewing, and segregating records; exceptions

(a) When an agency intends to charge fees pursuant to section 2-71-19(a)(1), the agency shall charge the following fees, except as otherwise provided in subsection (b):

(1) For a search for the record, $2.50 per fifteen minutes or fraction thereof;

(2) For the review and segregation of the record, $5 per fifteen minutes or fraction thereof; and

(3) If applicable, the actual rate of charge, based upon time expenditure, that is charged to the agency by a person other than the agency for services to assist the agency in the search for the record.

The agency shall not assess the first $3 0 in total amount of the fees under paragraphs (1) and (2).

(b) For those agencies which, by statute, are required to recover actual costs, in lieu of the fees set forth in subsection (a), an agency may establish fees, by rule, that do not exceed in their totality the actual costs incurred from searching for, reviewing, and segregating records. The fees may include:

(1) The actual time expended by personnel in performing the search, review, or segregation of the record; and

(2) Where the information requested is part of an electronic database or other electronic method of information storage, the actual cost of:

(A) Modifications to existing programming capacity; or

(B) Additional equipment or software used to search for, review, or segregate the information.

(c) Before initiating the rulemaking process under chapter 91, HRS, an agency that will establish fees under subsection (b) shall submit to the OIP for review a copy of the rule, including any amendments, setting forth the fees.

(d) No fees may be assessed by the agency under this section for the search for, review, or segregation of a record when:

(1) It is not necessary for the agency to search for, review, or segregate a record in order to permit inspection or duplication of the requested record; and

(2) To the extent permitted by section 2-71-32, the agency finds that the public interest would be served by a waiver of these fees.

(e) An agency may waive the fees for any agency or any federal or foreign government entity requesting access to a government record.

History

• [Eff FEB 26 1999 ] (Auth: HRS § 92F-42) (Imp: HRS § 92F-42)

Haw. Code R. § 2-71-32 Waiver of fees when public interest served

(a) An agency shall waive $60 of the fees that may be assessed under section 2-71-31 when:

(1) The request for a waiver of fees is supported by a statement of facts, including the requester's identity, in accordance with section 2-71-12; and

(2) The agency finds that the waiver of fees would be in the public interest pursuant to this section.

(b) A waiver of fees is in the public interest when:

(1) The requested record pertains to the operation or activities of an agency; however, the agency shall not consider the record's relative importance to the public in applying this subsection;

(2) The record is not readily available in the public domain; and

(3) The requester has the primary intention and the actual ability to widely disseminate information from the government record to the general public at large.

History

• [Eff FEB 26 1999] (Auth: HRS § 92F-42) (Imp: HRS § 92F-42)

Haw. Code R. § 2-71-33 Fees charged for records that will not be disclosed

The agency may assess and collect fees for the search or review of a government record in accordance with section 2-71-31 even if the requested record will not be disclosed in its entirety, or a substantial portion thereof, if the agency reasonably believed that the requested record would be disclosable before searching for or reviewing the record. If the requester fails to pay the fees, the agency may assess the outstanding fees in accordance with section 2-71-19.

History

• [Eff 26 1999 ] (Auth: HRS § 92F-42) (Imp: HRS § 92F-42)

Chapter 73 ADMINISTRATIVE APPEAL PROCEDURES

Subchapter 1 GENERAL PROVISIONS

Haw. Code R. § 2-73-1 Purpose, scope, and construction

The purpose of this chapter is to establish:

(1) The procedures for filing an administrative appeal with the state office of information practices, as an informal alternative to judicial action, under:

(A) The Uniform Information Practices Act(Modified), chapter 92F, HRS, or

(B) Chapter 231, HRS;

(2) The procedures for filing an administrative complaint concerning a board's failure to comply with part I of chapter 92, HRS; and

(3) The procedures for the office of information practices to process and render a decision on a complaint or appeal.

This chapter shall be construed to secure the just, equitable, speedy, and inexpensive resolution of appeals and complaints brought before the office of information practices.

History

• [Eff DEC 31 2012 ] (Auth: HRS §§ 92-1.5, 92F-42(1), (12), (17)) (Imp: HRS §§ 92-1.5, 92F-15.5, 92F-27.5, 92F-42(18), 92F-___; 231-19.5)

Haw. Code R. § 2-73-2 Definitions

Unless the context otherwise requires, in this chapter:

"Access" shall be as defined in section 2-71-2.

"Agency" shall be as defined in section 92F-3, HRS, and shall include a board as defined herein.

"Appeal" means a written request by a person to OIP to review and rule on:

(1) An agency's denial of access to information or records under chapter 92F, HRS:

(2) The denial or granting of access to government records by the department of taxation under chapter 231, HRS, or

(3) A board's compliance with part I of chapter 92, HRS.

"Appellant" means the person filing an appeal with OIP.

"Board" shall be as defined in section 92-2, HRS.

"Business day" means a day when OIP is open for the transaction of public business pursuant to section 78-1.6, HRS.

"Decision" means a ruling by OIP under this chapter.

"Director" means the director of OIP, or a person designated by the director.

"Government record" shall be as defined in section 92F-3, HRS.

"Individual" shall be as defined in section 92F-3, HRS.

"Maintain" shall be as defined in section 2-71-2.

"OIP" means the office of information practices, office of the lieutenant governor, State of Hawaii.

"Party" means an appellant or agency or board, or an interested or aggrieved person permitted to participate in an appeal before OIP under this chapter, in a capacity other than as a witness.

"Person" shall be as defined in section 92F-3, HRS.

"Sunshine Law" means part I of chapter 92, HRS.

"UIPA" means the Uniform Information Practices Act (Modified), chapter 92F, HRS.

History

• [Eff DEC 31 2012 ] (Auth: HRS §§ 92-1.5, 92F-42(1), (12), (17)) (Imp: HRS §§ 92-1.5, 92F-15.5, 92F-27.5, 92F-42(18), 231-19.5)

Haw. Code R. § 2-73-3 Computation of Time

Unless otherwise stated in these rules, in computing any period of time prescribed by these rules:

(1) a period of time is measured in business days;

(2) the day of the act or event from which the designated period of time begins to run shall not be included, but the last day of the period shall be included; and

(3) OIP upon request may, where it deems appropriate, extend the time prescribed by these rules for doing any act, or may permit an act to be done after the expiration of time.

History

• [Eff DEC 31 2012] (Auth: HRS §§ 92-1.5, 92F-42(1), (12), (17)) (imp: §§ 92-1.5, 92F-15.5, 92F-27.5, 92F-42(18), 231-19.5)

Haw. Code R. § 2-73-4 Other forms of assistance

OIP may continue to provide to any person various forms of 'assistance other than the appeals provided for under this chapter, including advisory opinions, guidelines, or training. Such other forms of assistance shall not be subject to the procedures set forth in this chapter.

History

• [Eff DEC 31 2012 ] (Auth: HRS §§ 92-1.5, 92F-42(17)) (Imp: §§ 92-1.5, 92F-42(2), (3), (4), (8), (9), (10), (11)

Haw. Code R. §§ 2-73-5 to 2-73-10 Reserved

Subchapter 2 PROCEDURES FOR APPEAL TO OIP

Haw. Code R. § 2-73-11 What may be appealed

A person may submit an appeal to OIP when:

(1) The person seeks a review of an agency's denial of access to information or records under sections 92F-15.5 or 92F-27.5, HRS;

(2) The person meets the requirements under chapter 231, HRS, for appealing to OIP a decision of the department of taxation concerning disclosure of a written opinion and the person has exhausted the administrative remedies in accordance with rules established by the department of taxation;

(3) The person seeks to determine a board's compliance with or to prevent a violation of part I of chapter 92, HRS; or

(4) The person seeks to determine the applicability of part I of chapter 92, HRS, to discussions or decisions of a public body.

History

• [Eff ] (Auth: HRS §§ 92-1.5, 92F-42(1),(12), (17)) (Imp: HRS §§ 92-1.5, 92F-15.5, 92F-27.5, 92F-42(18), 231-19.5)

Haw. Code R. § 2-73-12 Timing and content of appeal to PIP

(a) An appeal shall be filed with the director within the following time limits, whichever is applicable:

(1) For an appeal of a denial of access to records under chapter 92F, HRS, that was based on a written request, within one year after:

(A) Receipt of the agency's written denial of access; or

(B) Receipt of the agency's written partial denial of access; or

(C) Where the agency does not provide a written response to the request, the last day of the time period provided for the agency's written response under chapter 92F, HRS, and chapter 2-71.

(2) For an appeal of a decision by the department of taxation concerning the disclosure of a written opinion, within the time period set for appeal to OIP under chapter 231, HRS;

(3) Within six months after a board's action that the appellant contends was in violation of part I of chapter 92, HRS; or

(4) For an appeal to determine the applicability of part I of chapter 92, HRS, to discussions or decisions of a public body, at any time during the public body's existence.

(b) An appeal shall include sufficient information about the appellant to enable OIP to contact and correspond with appellant.

(c) An appeal based on the denial of records or information under chapter 92F, HRS, shall clearly identify or describe the records or information to which access has been denied and for which appellant is seeking review, and shall include a copy of the agency's written denial of access or a copy of the appellant's written statement that the agency has failed to respond to the request for records or information within the time period provided by chapter 92F, HRS, and chapter 2-71.

Where an otherwise substantiated appeal is submitted regarding an agency's denial of any record request under chapter 92F, HRS, OIP may accept such appeal, at the director's discretion, without written documentation of the request or agency response.

(d) An appeal based on part I of chapter 92, HRS, shall clearly identify what action or actions of a board the appellant contends were not in compliance with that part, or the public body whose discussions and decisions the appellant contends are subject to that part.

(e) The request for appeal may include:

(1) A statement of relevant facts;

(2) A discussion of the appellant's basis for disagreeing with the agency's or the board's actions or for believing that part I of chapter 92, HRS, applies to the public body; and

(3) Any other information the appellant provides to OIP for its consideration in ruling on the appeal.

History

• [Eff DEC 31 2012 (Auth: HRS §§ 92-1.5, 92F-42(1), (12), (17)) (Imp: HRS §§ 92-1.5, 92F-15.5, 92F-27.5, 92F-42(18), 231-19.5) ]

Haw. Code R. § 2-73-13 OIP's response to appeal; OIP's notice of appeal

(a) When the director receives an appeal, the director shall initially review the appeal to assess whether the appeal complies with the requirements of section 2-73-12 before accepting the appeal. Within five business days after accepting an appeal, the director shall either:

(1) Notify the appellant that the appeal will not be heard and specify the reasons why the appeal is not warranted or the additional information that OIP requires; or

(2) Issue a notice of appeal to the appellant and the agency whose action is being appealed.

(b) OIP's notice of appeal shall include a description of the general appeal procedures that OIP will follow in resolving the appeal and shall set out the responsibilities of the parties in responding to the appeal.

(c) The director shall send to the agency a copy of the appeal filed by the appellant, together with OIP's notice of appeal.

History

• [Eff DEC 31 2012 (Auth: HRS §§ 92-1.5, 92F-42(1), (12)) (Imp: HRS §§ 92-1.5, 92F-15.5, 92F-27.5, 92F-42(17), (18), 231-19.5)

Haw. Code R. § 2-73-14 Agency's response to appeal

The agency shall respond to the notice of appeal within ten business days of receipt of the notice with a written statement to OIP that includes the following:

(1) a concise statement of the factual background;

(2) a list identifying or describing each record withheld, if applicable;

(3) the agency's explanation of its position, including the agency's justification for the denial of access or actions complained of, with citations to the specific statutory sections and other law that support the agency's position;

(4) any evidence necessary to support application of any claimed exception, exemption, or privilege; and

(5) information as to how OIP may contact the agency officer or employee who is authorized to respond and make representations on behalf of the agency concerning the appeal.

History

• [Eff DEC 31 2012 ] (Auth: HRS §§ 92-1.5, 92F-42(1), (12)) (Imp: HRS §§ 92-1.5, 92F-15.5, 92F-27.5, 92F-42(17), (18), 231-19.5)

Haw. Code R. § 2-73-15 Other procedures for appeal

(a) OIP may permit participation in an appeal by one or more third persons upon written request, and may determine the extent to which the persons may participate. The written request for participation shall state the reason for the request, which OIP shall consider in determining whether to allow the third person's participation. Participation by a third person may be based on the third person's interest in the outcome of the appeal, and may include situations where the third person is referred to in, or was the source of, a record whose disclosure is at issue; situations in which the third person could be affected by the outcome of the appeal; and situations in which the third person's participation would offer a relevant perspective different from those of the original parties.

(b) OIP may request that parties other than the agency submit a written statement to OIP. In the event that parties other than the agency will be submitting statements, OIP shall set a briefing timetable for such statements and any responses thereto and may set requirements as to the form and content of statements and responses submitted.

(c) OIP may require any party to submit to OIP the original or a copy of one or more documents necessary for its ruling, including government records or minutes at issue in an appeal. OIP may examine the documents in camera as necessary to preserve any claimed exception, exemption, or privilege against disclosure. OIP shall take measures necessary to protect any records submitted for in camera review from unauthorized disclosure.

(d) If OIP requires the agency to provide, for OIP's in camera review, documents that the agency asserts are protected by the attorney-client privilege as well as the relevant exception or exemption to disclosure, OIP shall:

(1) Review the record submitted solely for the purpose of assessing application of the claimed exception or exemption;

(2) Return or destroy the record as directed by the agency upon issuance of a final decision of the appeal; and

(3) Prevent the voluntary disclosure of the record or information contained in the record.

Upon request, OIP may allow an agency to provide such a record in redacted form for OIP's in camera review, if OIP determines that application of the exception or exemption may be determined by review of the redacted record.

(e) OIP may, orally or in writing, seek any additional information from a party or any other person, and may consider input or relevant materials from any person on pending appeals. A party or other person's contact with OIP may be ex parte except as provided in subsection (k) below.

(f) OIP may take notice of generally known and accepted facts.

(g) OIP may consolidate appeals that have similar issues or facts, or similarly situated parties.

(h) OIP may, at a party's request or on OIP's own initiative, request that the parties participate in a mediation of the appeal or any issue in the appeal, upon terms set by OIP.

(i) OIP may request any party or witness to attend in person, by telephone, or by another means, an informal conference arranged by OIP for any purpose that will assist in the resolution of the appeal, including but not limited to questioning the parties or witnesses, hearing oral argument of the parties, narrowing the issues, or seeking an informal resolution of the appeal.

(j) OIP shall, in its discretion, determine which procedures are best suited to fairly and expeditiously resolve each appeal consistent with the intent and purposes of the applicable law.

(k) OIP may require a party to provide to any other party a copy of a statement or other document submitted to OIP. When a party is required to provide a copy of a document to another party, delivery shall be on the same date that the document is submitted to OIP by first class mail, e-mail, facsimile, or personal delivery. If a party is not properly provided with copies under this rule, OIP may order an extension of time limits or any other appropriate remedy.

History

• [Eff DEC 31 2012 ] (Auth: HRS §§ 92-1.5, 92F-42(1), (4), (5), (12), (17), (18)) (Imp: HRS §§ 92-1.5, 92F-11, 92F-15, 92F-15.5, 92F-27.5, 92F-42(5), (17), (18), 231-19.5)

Haw. Code R. § 2-73-16 Documents submitted to OIP

All documents submitted to OIP under this chapter are subject to section 710-1063, HRS, which provides that unsworn falsification is a misdemeanor.

History

• [Eff 31 2012] (Auth: HRS §§ 92-1.5, 92F-42(1), (12), (17)) (Imp: HRS §§ 92-1.5, 92F-15.5, 92F-27.5, 92F-42(18), 213-19.5)

Haw. Code R. § 2-73-17 Decision

(a) The director shall issue a final written decision on an appeal and send a copy of the decision to each party. The decision may:

(1) Order access to all or part of a requested record;

(2) Confirm the agency's decision on disclosure or nondisclosure;

(3) State a time limit for an agency's compliance;

(4) Contain any other order or conclusion consistent with chapter 92F, HRS; and,

(5) Contain any order or conclusion consistent with part I of chapter 92, HRS.

(b) If the decision is a determination that the written opinion of the department of taxation shall be available for public inspection, access shall be provided in accordance with the time limits set under chapter 231, HRS.

(c) If the agency's position is affirmed, the decision shall note that the appellant has the right to seek judicial review. If the agency's position is not affirmed, the decision shall note that the agency has the right to seek judicial review.

(d) Decisions may take the form of published opinions, unpublished informal or memorandum opinions, or other written dispositions. The director shall determine whether to designate a decision for publication or to issue it as an informal or memorandum opinion or other written disposition. Published opinions shall be considered as precedent and followed, unless overruled pursuant to section 2-73-19 or a court decision. Informal or memorandum opinions shall not be considered as precedent, but may be considered for other purposes.

History

• [Eff DEC 2012] (Auth: HRS §§ 92-1.5, 92F-42(1), (12)) (Imp: HRS §§ 92-1.5, 92F-15.5, 92F-27.5, 92F-42(17), (18), 92F-, 231-19.5)

Haw. Code R. § 2-73-18 Dismissal of appeal

The director may issue a notice dismissing all or part of an appeal at any time for good reason, including but not limited to the following:

(1) A prerequisite for filing an appeal under this chapter has not been met;

(2) The appeal is determined to be frivolous;

(3) The issues are beyond OIP's jurisdiction;

(4) No violation of the law can be found when viewing the issues in the light most favorable to the appellant;

(5) The appellant requests that the appeal be dismissed;

(6) The appeal has been abandoned by the appellant's failure to respond to OIP within twenty days after the date OIP sent the appellant a request for a response, or other circumstances indicate the appeal has been abandoned;

(7) The same issues on appeal have been previously addressed in a published OIP decision; or

(8) An OIP decision on the appeal would be advisory or moot.

History

• [Eff DEC 31 2012] (Auth: HRS §§ 92-1.5, 92F-42(17)) (Imp: HRS §§ 92-1.5, 92F-15.5, 92F-27.5, 92F-42(17), (18), 231-19.5)

Haw. Code R. § 2-73-19 Reconsideration

(a) The director has the discretion, on the director's own initiative or upon request by a party, to reconsider any decision made under this chapter.

(b) A party must make a request for reconsideration within ten days after the director issues a final decision as provided in section 2-73-17.

(c) At the sole discretion of the director, a precedent set by a prior published OIP decision may be reconsidered, on the director's own initiative or upon request, at any time. Reconsideration of a prior published OIP decision's precedential value does not alter that decision's binding effect on the parties involved in the specific dispute at issue in that decision.

(d) Reconsideration of either a final decision or of a precedent shall be based upon one or more of the following:

(1) A change in the law;

(2) A change in the facts; or

(3) Other compelling circumstances.

(e) Any request for reconsideration of a decision shall be made in writing. OIP may require the party seeking reconsideration to provide a written statement setting out the basis for the request for reconsideration. The other parties will be given notice of any request for reconsideration received and granted, a copy of the request, and any written statement filed. OIP shall allow the other parties to submit a counterstatement and shall fix the time for filing of the counterstatement and any response thereto.

History

• [Eff DEC 2012 ] (Auth: HRS §§ 92-1.5, 92F-42(17)) (Imp: HRS §§ 92-1.5, 92F-15.5, 92F-27.5, 92F-42(17), (18), 231-19.5)

Haw. Code R. § 2-73-20 Record of appeal; transmittal to circuit court

OIP shall maintain a record of each appeal before OIP, including an index. Within thirty days of the service on OIP of an agency's complaint to circuit court pursuant to section 92F-43, HRS, the director shall file a certified copy of the record in the circuit court and mail a copy of the index to the record to the agency. The record may be in written, electronic, or any other physical form, or a combination thereof, and shall include all documents related to the appeal, including correspondence, audio or video recordings, and e-mails, submitted in any form. A document that is submitted for in camera review shall be listed in the index in the same manner as other documents, but only OIP and the courts and the courts' staff shall have access to documents submitted for in camera review.

History

• [Eff DEC 31 2012 ] (Auth: HRS §§ 92-1.5, 92F-42(1), (12), (17)) (Imp: HRS §§ 92-1.5, 92F-15.5, 92F-27.5, 92F-42(1), (18), 92F-43, 231-19.5)