HAR §21-3-1. §21-3-1

5 §2 l-3-1.6 §2 1-3-2 §21-3-2.5 §2 1-3-3 §2 1-3-4 §2 1-3-5 §21-3-6 §2 1-3-7 §2 1-3-8 §21-3-9 §21-3-10 §2 1-3- 11 HAWAJl ADMINISTRATIVE RULES TITLE 21 LEGISLATIVE AGENClES CHAPTER3 STATE ETHICS COMMTSSfON FINANCIAL DISCLOSURE STATEMENTS Repealed Defi11 itio11s State positions; aclvisoty boards and commissions Repealed Financial disclosure filing procedures Financial interests Public access to disclosure statements Disclosure period Amended disclosures Newly elected or appointed officials; iJ1lerim or acting officials Changes in position; exit disclosure Adminislrative fine for failure to file Payment of fine or requesl for waiver; good cause Disposa l of fi nancial disclosures Historical Nole: This chapter is based substantially upon rule 3 of the Slate of Hawaii Ethks Commission Rules and Rc~1l~U~ffs. [Eff 1/7/74 and 11/ 1 J/78; R July 13, 1981; am and comp NOV 2 LU ] 3-1 §21-3-1 §2J-3-J Repealed [R NGV 2 8 2020 §21-3-1.S Defiuitions. As used in this chapter, unless the context clearly requires otherwise; "Deputy director" means any individual who is subordinate only lo the ! head ofan agency and who exercises supervisory aulhoritylover subordinate employees. "Disclosure' means, for purposes ofthis chapter, a disclosure of financial interests that is required to be filed pursuant Lo section 84-17, HRS. "Division chief ' means, for those agencies that have divisions, the head of a division who exercises supervisory authority over subordinates. "Executive director" and "executive secretary" means the highest-ranking staff member of an agency, and includes warde11s ofcorrectional centers. "Filer" or "filers" means all persons who are required to file a disclosure pursuant to section 84-l7{c), HRS. "Financial interests" means information that is req uired to be reported pursuant to section 84-17(1), E-lRS, and these rules. "State position" means one of the positions enumerated in section 84­ 17(c), HRS, for,.\\'Jli,ch a~i~J~~ure is required to be filed with the commission. [Eff NOV 2 ij llWlU l (Auth: HRS ~84-3 l(a){S)) (lmp: HRS §§84-17, 84-1 7.5, 84-3 1) §21M3"1.6 State positions; advisory boards and commissions. (a) In determining whether an individual is a deputy director, division chief, executive director, or executive secretary, the commission may consider the individual's responsibility to hire, fire, and supervise personnel; the individual's responsibility for fiscal and budgetary matters; and the individual's responsibility for programmatic matters. The agency's title for an individual is not dispositive as to wheU1er the individual will be required to submit a disclosure. (b) As provided by section 84-l 7(c)(9), HRS, "solely advisory" means a board or commission that can take no significant action to influence the administration ofstate programs or the exercise of state powers. In determfrung whether a board or commission is solely adviso1y, the ethics commission may consider whether the board or commission exercises adjudicato1y powers; adopts and implements state programs; develops and monitors program standards; and has authority to hire and fire employees, enter into contrncts, issue permits or licenses, promulgate rules, receive gifts, or spend state funds. The agency's 3-2 §21-3-3 description of a board or commissio11 as being advisory is not dispositive as lo whether the board or commission will be considered solely advisory. [Eff ] (At1th: HRS §84-31(a)(5)) (lmp: HRS §§84-17, 84-31) NOV 2 8 2020 §21-3-2 Repealed [R NOV 28 2020 ] l §21-3-2.S Financial disclosure filing procedures. (a) All persons holding those positions enumerated in section 84-l 7(c), HRS, shall file annllally with tJ1e commission a disclosure within the applicable time periods prescribed i11 section 84-17(b ), HRS, and thjs chapter. (b) Disclosures shall be filed electronically using the commission's electronic filing system or by any other method established by the commission. (c) DiscJosmes shall be deemed filed as of the lime and date when the documents are received by the commission. (cl) In addition lo those financial interests required lo be repo1tcd by section 84-17({), HRS, the disclosure shall contain: (1) The filer's full name and personal contact information, including the filer's residential address work address, personal telephone number, work telephone number, personal electronic mail address, and work electronic mail address; (2) The fi lcr's slate position and the name of the agency, board, or commission the filer serves; and (3) The names of the filer's spollse, civil union partner, and dependent children. (e) The disclosure shall be signed, digitally or otherwise, by the filer. The filer's signature constitutes a certification that the filer has read the document and that lo the best of the filer's knowledge, information, and belief every statement contained in the document is true and no such statements are misleading. Filers shall promptly notify the commission regarding a11y changes in their r;.on.l~~t,.infonnation provided pursuant to subsection ( cl)( I). [Eff NOV 2 fj 1UlU ) (Auth: HRS §84-3 1 (a)(5)) (Jmp: HRS §§84-17, 84-3 l)