HAR §21-3-1.6. 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 whether the individual will be required to submit a disclosure. (b) As provided by section 84-17(c)(9), HRS, “solely advisory” means a board or commission that can take no significant action to influence the administration of state programs or the exercise of state powers. In determining whether a board or commission is solely advisory, the ethics commission may consider whether the board or commission exercises adjudicatory powers; adopts and implements state programs; develops and monitors program standards; and has authority to hire and fire employees, enter into contracts, issue permits or licenses, promulgate rules, receive gifts, or spend state funds. The agency’s UNOFFICIAL: These searchable/hyperlinked rules are unofficial and provided for convenience only. The official rules are available at https://ethics.hawaii.gov/wp-content/uploads/TITLE21.pdf description of a board or commission as being advisory is not dispositive as to whether the board or commission will be considered solely advisory. [Eff ] (Auth: HRS §84-31(a)(5)) (Imp: HRS §§84-17, 84-31) §21-3-2 Repealed [R ]