Hawaii Administrative Rules
Title 21 - LEGISLATIVE AGENCIES
Chapter 5 - STATE ETHICS COMMISSION INVESTIGATIONS, CHARGES, CONTESTED CASES, AND SETTLEMENT AGREEMENTS
Section 21-5-2 - Investigations; charges initiated by the commission
Current through June, 2022
(a) Any individual may submit information to the executive director alleging a violation of chapter 84 or 97, HRS. Such information may be offered anonymously and need not be provided under oath.
(b) The executive director may investigate any matter upon the receipt of information indicating a possible violation of chapter 84 or 97, HRS. The executive director may also investigate any matter at the request of the commission or on the executive director's own initiative.
(c) The executive director may refer any complainant to another agency as appropriate.
(d) The executive director shall determine whether and how to investigate a matter and whether to request from the commission a resolution to investigate the matter pursuant to subsection (e). At any time prior to requesting a resolution to investigate, the executive director may close any investigation.
(e) In investigating any matter prior to obtaining a resolution to investigate from the commission, the executive director may review publicly available documents or documents maintained by the State; the executive director may also interview legislators, employees, other appointed or elected officials, or the alleged violator. Investigations shall not extend to interviews of other persons unless the commission, in its discretion, issues a resolution to investigate,
(f) A resolution to investigate issued by the commission shall define the nature and scope of the investigation and be supported by a vote of three or more members of the commission.
(g) If after investigation at least three commissioners decide that a charge should be initiated, the charge shall be issued in writing and signed by at least three commissioners.
[Eff July 13, 1981; am and comp 11/28/2020] (Auth: HRS §§ 84-31(a)(5), 91-2, 97-6(a)(5)) (Imp: HRS §§ 84-31, 91-2, 97-6)