Hawaii Administrative Rules
Title 21 - LEGISLATIVE AGENCIES
Chapter 5 - STATE ETHICS COMMISSION INVESTIGATIONS, CHARGES, CONTESTED CASES, AND SETTLEMENT AGREEMENTS
Section 21-5-12 - Settlement
Universal Citation: HI Admin Rules 21-5-12
Current through February, 2024
(a) The commission may resolve a matter at any time pursuant to a settlement agreement deemed to be fair and in the public interest.
(b) Settlement procedure:
(1) The executive director may negotiate a
tentative settlement agreement with any alleged violator, subject to the
commission's approval. At any time, the executive director may, with the consent
of the alleged violator, present the matter to the commission to obtain its
inclination regarding proposed terms of an agreement;
(2) Upon request, the alleged violator shall be
provided an opportunity to address the commission as to the proposed terms of an
agreement;
(3) Upon approval of the
settlement agreement, the alleged violator and the chairperson, or another
commissioner so authorized by a majority of the commission, shall sign the
agreement; and
(4) The commission may
issue a resolution that serves as a final disposition of the
matter.
(c) Force and effect of agreement:
(1) The agreement resolves
only those matters directly raised in the settlement agreement itself. The
commission reserves the right to investigate and charge the alleged violator
regarding matters not raised in the settlement agreement unless the agreement
expressly provides otherwise;
(2) The
settlement agreement does not resolve any matter against any alleged violator not
a party to the agreement; and
(3) By
entering into a settlement agreement, the alleged violator waives any right to
appeal any action taken by the commission in connection with the
matter.
(d) Settlement agreements and resolutions are presumptively public, but the commission may enter a confidential settlement agreement after considering the following factors:
(1) The nature of the violation;
(2) The alleged violator's position and
duties;
(3) Whether the alleged
violator has been involved with prior commission proceedings;
(4) The manner in which the matter was brought
to the commission's attention;
(5)
The alleged violator's level of cooperation with the commission's
investigation;
(6) The alleged
violator's acknowledgement of wrongdoing and commitment to avoid future
violations; and
(7) Any other
mitigating or aggravating factors.
Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.