Hawaii Administrative Rules
Section 21-5-2.2 - Confidentiality in investigations

Universal Citation: HI Admin Rules 21-5-2.2

Current through June, 2022

(a) The executive director shall investigate all matters confidentially and shall not disclose non-public details of an investigation except as necessary to conduct the investigation, provided that the executive director may, on a confidential basis and at any time, disclose information or refer any matter to any governmental law enforcement agency and may likewise disclose information or refer any administrative matter to the relevant agency administrator for further action as warranted.

(b) The commission's records relating to a charge or investigation are otherwise confidential and are not open to inspection by any person except as specifically required by chapter 84 or 97, HRS, or these rules.

(c) The executive director may, during the pendency of an investigation, request legislators and employees to refrain from disclosing information regarding the investigation that the legislator or employee learns from the commission or its staff if the executive director determines that such request is necessary to maintain the integrity of the investigation or for another compelling reason. Such request shall be as limited in time and scope as is necessary and practicable under the circumstances. Nothing herein shall prevent any legislator or employee from discussing a matter with the legislator's or employee's attorney, lodging a complaint with any governmental entity as allowed by law, or exercising the constitutional right to free speech.

(d) At the conclusion of an investigation, the executive director may notify the complainant and the alleged violator or respondent that the investigation has been closed. The executive director may reveal additional information regarding the resolution of an investigation if necessary to prevent retaliation against the complainant or witnesses, to provide guidance on or to prevent other violations of chapter 84 or 97, HRS, or for other good cause as directed by the commission.

(e) Nothing in these rules shall require the commission to reveal the source of any matter under investigation.

[Eff 11/28/2020] (Auth: HRS §§ 84-31(a)(5), 91-2, 91-8.5, 97-6(a)(5)) (Imp: HRS §§ 84-31, 91-2, 91-8.5, 97-6)

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