HAR §17-801-6. (3) A license, registration, application, or listing may be denied, suspended, or revoked if the person is not excluded from the premises

(d) A person who is determined not suitable to provide care under this chapter may contest the results of background checks as follows: (1) The person requests an informal review by the department for the limited purpose of contesting the accuracy or completeness of the information contained in the person's records that formed the basis for the decision: (A) The person shall provide a written statement to the department specifying the information and the reason why the person believes the background check information is inaccurate or incomplete; (B) The department shall attempt to verify the accuracy of the information challenged by the person, including making an effort to locate any missing disposition information related to the disqualifying record: (i) If the department locates any missing or corrected information, the department shall review the new or corrected information and issue a written notice to the person with the suitability determination by the department; or (ii) If the department cannot locate any missing or corrected information, the department shall issue a written notice that indicates the department's efforts to verify the accuracy of the information challenged, and refer the person to the agency or 801-11 3413 §17-801-6 program that produced or maintains the record the person believes to be inaccurate or incomplete, so that the person can have the record corrected or completed; and (C) After the person has successfully had the records corrected or completed by the agency or program that produced or maintains the record, the person may request for another background check to be completed by the department in accordance with this chapter. (2) The person shall have the right to obtain a copy of the person's criminal history records that were obtained through a fingerprint-based check under this section, according to Title 28 CFR Part 16, and for other records, the department, upon request, shall provide information to the person on how to obtain further information of the person's reports. (3) The person may file a written request for an administrative appeal to appeal the decision by the department: (A) In accordance with the provisions set forth in chapters 17-891.2, 17-892.2, 17-895.1, 17-896.1, for applicants, licensees, or registrants; or (B) In accordance with the provisions set forth in chapter 17-602.1, for all other persons not specified in subparagraph (A); provided that the filing of a request for an administrative appeal does not permit the person to continue to provide child care for children under this chapter, pending the decision of the administrative appeal hearing officer." [Eff AUG 06 2021 ] (Auth: HRS §§346-14 and 346-152.5) (Imp: HRS §346-14; 42 U.S.C. §§2002, 2005, 2014, 9858f) 801-12 3413 # Prohibiting Convicted Offenses – Indefinite Prohibition Hawaii Revised Statutes sections listed below and any criminal offense against a child involving violence, even those not listed in this Exhibit I or Exhibit II. 707-701 Murder in the first degree 707-701.5 Murder in the second degree 707-702 Manslaughter 707-702.5 Negligent homicide in the first degree 707-703 Negligent homicide in the second degree 707-705 Negligent injury in the first degree 707-710 Assault in the first degree 707-711 Assault in the second degree 707-712 Assault in the third degree, when the victim is a minor 707-712.5 Assault against a law enforcement officer in the first degree 707-712.7 Assault against an emergency worker 707-713 Reckless endangering in the first degree 707-714 Reckless endangering in the second degree 707-714.5 Criminally negligent storage of a firearm 707-716 Terroristic threatening in the first 707-720 Kidnapping 707-721 Unlawful imprisonment in the first degree Department of Human Services Benefit, Employment and Support Services Division January 1, 2020 EXHIBIT I 1 3413 # Prohibiting Convicted Offenses – Indefinite Prohibition (cont’d) 707-726 Custodial interference in the first degree 707-727 Custodial interference in the second degree-felony 707-730 Sexual assault in the first degree 707-731 Sexual assault in the second degree 707-732 Sexual assault in the third degree 707-733 Sexual assault in the fourth degree 707-733.6 Continuous sexual assault of a minor under the age of fourteen years 707-741 Incest 707-750 Promoting child abuse in the first degree 707-751 Promoting child abuse in the second degree 707-752 Promoting child abuse in the third degree 707-756 Electronic enticement of a child in the first degree 707-757 Electronic enticement of a child in the second degree 707-759 Indecent electronic display to a child 707-765 Extortion in the first degree 707-766 Extortion in the second degree 707-768 Firearms, explosives, and dangerous weapons 707-781 Labor trafficking in the first degree 707-782 Labor trafficking in the second degree 707-786 Nonpayment of wages Department of Human Services Benefit, Employment and Support Services Division January 1, 2020 EXHIBIT I 2 3413 # Prohibiting Convicted Offenses – Indefinite Prohibition (cont’d) 707-787 Unlawful conduct with respect to documents 708-810 Burglary in the first degree 708-812.55 Unauthorized entry in a dwelling in the first degree 708-812.6 Unauthorized entry in a dwelling in the second degree 708-816.5 Entry upon the premises of a facility utilized as a sex, child, or spouse abuse shelter; penalty 708-820 Criminal property damage in the first degree 708-821 Criminal property damage in the second degree 708-839.6 Identity theft in the first degree 708-840 Robbery in the first degree 708-841 Robbery in the second degree 708-842 Robbery; "in the course of committing a theft" 708-893 Use of a computer in the commission of a separate crime 708-8251 Arson in the first degree 708-8252 Arson in the second degree 708-8253 Arson in the third degree 709-902 Abandonment of a child 709-903.5 Endangering the welfare of a minor in the first degree 709-904 Endangering the welfare of a minor in the second degree 709-904.5 Compensation by an adult of juveniles for crimes Department of Human Services Benefit, Employment and Support Services Division January 1, 2020 EXHIBIT I 3 3415 ## Prohibiting Convicted Offenses – Indefinite Prohibition (cont’d) 709-906 Abuse of family or household members, if the conviction is a felony or when the victim is a minor 711-1106.4 Aggravated harassment by stalking 711-1110.9 Violation of privacy in the first degree 711-1111 Violation of privacy in the second degree 712-1202 Sex trafficking 712-1203 Promoting prostitution 712-1209.1 Solicitation of a minor for prostitution 712-1215 Promoting pornography for minors 712-1215.5 Promoting minor-produced sexual images in the first degree 712-1218 Failure to maintain age verification records of sexual performers 712-1218.5 Failure to maintain age verification records of sexually exploited individuals 712-1219 Failure to affix information disclosing location of age verification records of sexual performers 712-1219.5 Disseminating visual depiction of sexual conduct without affixed information disclosing location of age verification records of sexual performers 712-1240.5 Manufacturing a controlled substance with a child present 712-1249.7 Promoting a controlled substance through a minor Department of Human Services Benefit, Employment and Support Services Division January 1, 2020 EXHIBIT I 4 # Prohibiting Convicted Offenses – Five Year Prohibition Hawaii Revised Statute sections: 707-714 Reckless endangering in the second degree 707-717 Terroristic threatening in the second degree 707-722 Unlawful imprisonment in the second degree 707-734 Indecent exposure 708-803 Habitual property crime 708-811 Burglary in the second 708-813(b) Criminal trespass in the first degree, when in possession of a fire arm 708-817 Burglary of a dwelling during an emergency period 708-818 Burglary of a building during an emergency period 708-822 Criminal property damage in the third degree 708-830.5 Theft in the first degree 708-831 Theft in the second degree 708-835.5 Theft of livestock 708-835.6 Telemarketing fraud 708-835.7 Theft of copper 708-835.9 Theft of urn 708-836 Unauthorized control of propelled vehicle Department of Human Services Benefit, Employment and Support Services Division January 1, 2020 EXHIBIT II 1 3413 # Prohibiting Convicted Offenses – Five Year Prohibition (cont’d) 708-836.5 Unauthorized entry into motor vehicle in the first degree 708-839.5 Unauthorized possession of confidential personal information 708-839.7 Identity theft in the second degree 708-839.8 Identity theft in the third degree 708-851 Forgery in the first degree 708-852 Forgery in the second degree 708-854 Criminal possession of a forgery device 708-858 Suppressing a testamentary or recordable instrument 708-871.5 False labeling of Hawaii-grown coffee 708-875 Trademark counterfeiting 708-891 Computer fraud in the first degree 708-891.5 Computer fraud in the second degree 708-891.6 Computer fraud in the third degree 708-892 Computer damage in the first degree 708-892.5 Computer damage in the second degree 708-892.6 Computer damage in the third degree 708-895.5 Unauthorized computer access in the first degree 708-895.6 Unauthorized computer access in the second degree 708-895.7 Unauthorized computer access in the third degree 708-8100 Fraudulent use of a credit card Department of Human Services Benefit, Employment and Support Services Division January 1, 2020 EXHIBIT II 2 5413 # Prohibiting Convicted Offenses – Five Year Prohibition (cont’d) 708-8100.5 Fraudulent encoding of a credit card 708-8102 Theft, forgery, etc., of credit cards 708-8103 Credit card fraud by a provider of goods or services 708-8104 Possession of unauthorized credit card machinery or incomplete cards 708-8200 Cable television service fraud in the first degree 708-8202 Telecommunication service fraud in the first degree 708-8254 Arson in the fourth degree 708-8301 Habitual unlicensed contracting activity 708-8303 Unlicensed contractor fraud in the first degree 708-8304 Unlicensed contractor fraud in the second degree 708A-3 Money laundering 709-900 Illegally marrying 709-901 Concealing the corpse of an infant 709-905 Endangering the welfare of an incompetent person 711-1103 Riot 711-1106.5 Harassment by stalking 711-1106.6 Harassment by impersonation 711-1108 Abuse of a corpse 711-1108.5 Cruelty to animals in the first degree 711-1109 Cruelty to animals in the second degree, if the conviction is a felony Department of Human Services Benefit, Employment and Support Services Division January 1, 2020 EXHIBIT II 3 3413 # Prohibiting Convicted Offenses – Five Year Prohibition (cont’d) 711-1109.3 Cruelty to animals by fighting dogs in the first degree 711-1109.35 Cruelty to animals by fighting dogs in the second degree 711-1109.4 Causing injury or death to a service dog or law enforcement animal 711-1112 Interference with the operator of a public transit vehicle 712-1200 Prostitution 712-1206 Loitering for the purpose of engaging in or advancing prostitution 712-1207 Street solicitation of prostitution; designated areas 712-1208 Promoting travel for prostitution 712-1209 Solicitation of prostitution near schools or public parks 712-1209.5 Habitual solicitation of prostitution 712-1211 Displaying indecent matter 712-1214 Promoting pornography 712-1215.6 Promoting minor-produced sexual images in the second degree 712-1217 Open lewdness 712-1221 Promoting gambling in the first degree 712-1222.5 Promoting gambling aboard ships 712-1224 Possession of gambling records in the first degree 712-1240.7 Methamphetamine trafficking 712-1241 Promoting a dangerous drug in the first degree 712-1242 Promoting a dangerous drug in the second degree Department of Human Services Benefit, Employment and Support Services Division January 1, 2020 EXHIBIT II 4 3413 # Prohibiting Convicted Offenses – Five Year Prohibition (cont’d) 712-1243 Promoting a dangerous drug in the third degree 712-1244 Promoting a harmful drug in the first degree 712-1245 Promoting a harmful drug in the second degree 712-1246 Promoting a harmful drug in the third degree 712-1246.5 Promoting a harmful drug in the fourth degree 712-1247 Promoting a detrimental drug in the first degree 712-1248 Promoting a detrimental drug in the second degree 712-1249 Promoting a detrimental drug in the third degree 712-1249.4 Commercial promotion of marijuana in the first degree 712-1249.5 Commercial promotion of marijuana in the second degree 712-1249.6 Promoting a controlled substance in, on, or near schools, school vehicles, public parks, or public housing projects or complexes 712-1250 Promoting intoxicating compounds 712-1250.5 Promoting intoxicating liquor to a person under the age of twenty-one 712-1257 Prohibited cigarette sales of less than twenty-one, felony 712-1258 Tobacco products and electronic smoking devices; persons under twenty-one years of age Department of Human Services Benefit, Employment and Support Services Division January 1, 2020 EXHIBIT II 4 3413