HAR §21-4-1. Request for guidance; request for advisory opinion

(a) The executive director may provide confidential guidance to any individual as to whether the facts and circumstances of a particular case constitute or would constitute a violation of chapter 84, chapter 97, section l l -8, or section 11 -316, HRS, provi.ded that nothing herein shall establish an attorney-client relationship between the person seeking advice and the executive director. Any wr.itten guidance rendered by the executive director advising that certain conduct is or was permissible shall, until amended or revoked, be binding upon the commission in ~my subsequent enforcement proceeding concerning the individual who sought the guidance and acted in reliance on it in good faith, unless material facts were omitted or misstated by the person requesting guidance. Nothing in this subsection shall prevent the executive director or the commission from investigating alleged violations of chapter 84 or 97, HRS. (b) Any individual seeking formal written guidance from the commission itself may request an adviso,y opinion. ALI requests for advisory opinions made lo the commission shall be in writing and shall contain: 4- 1 3378 11 §21-4-1 (1) The name oftbe requester; (2) The stale agency fo r which the requester works, if applicable; (3) The requester's position in the state agency, if applicable; (4) The nature and duties of the requester's state employment, if applicable; (5) The date of the request; (6) The requester's mailinj address and electronic mail address; (7) The requester's telephone number; (8) A complete statement of the facts and circumstances upon which the commission can make a determiJ1a tion; and (9) The signat11re, digital or otherwise, of the requester. (c) A request for an advisory opinion is considered filed when the commission has received all information deemed necessary by the commission. When the opinion is requested regarding a situation involving another person as set forth in subsection (d), the filing shall not be deemed completed until that person has had a reasonable opportunity to review the facts submitted and to present that person's view of the factual circumstances. (cl) A person may only request an advisory opinion regarding the person's own conduct, except as follows: (1) A supervisor may request an advisory opinion as to whether the supe1-visor should act to prevent a subordinate from violating the code of ethics; (2) An agency may request an advisory opinion as to whether it is pennitted to enter into a contract pursuant to sect·ion 84-15 or 84­ 18, HRS; (3) A person may request an advisory opinion as to whether anyone acting on behalf of or in connection with that person is in compliance with chapter 97, HRS; and (4) As provided by sections 11-8 and 11 -316, [TRS, or otherwise provided by law. (e) Tbe person who is the subject ofa request for an advisory opinion may appear before the commission pursuant lo section 21-1-6 of these 111les. (f) Consideration of the reqHest for an advisory opinion is an adjudicator~fl)!l~.twn of the corn mission. [Eff July 13, 198 1; am and comp NOV 2 0 l ©~H ] (Auth: HRS §§84-3 1 (a)(S), 97-6(a)(S)) (Imp: HRS §§84­ 31, 92-3, 92-6, 97-6) §2 1-4-2 Rendet'ing of advisory opiuiou. (a) An advisory opinion shall be in writing and signed by all commissioners subscribing to the opinio11. 1t shall 4-2 3 3 78 §2 1-4-5 be considered rendered when it is signed and delivered, personally or via electronic mail or first-class mail. (b) Any commissioner who agrees with the commission's opinion but for different reasons than as stated may file a written concurring opinion; any member of the commission who disagrees with the commission's opinion may file a written dissenting opinion, which shall be placed at the end of the majority opinion or at the e1ld of the concurri_ng opinion, ifany. (c) An 1medacted advisory opiJ1ion shal.l be issued to the person I requesting the opinion within thirty days of the request being filed with the commission pursuant to section 2 1-4-1 ( c). The person requesting the opinion may authorize the commission to publish Lhe unredacted advisory opinion; however, the commission retains the discretion to redact the opinion prior lo publication. (cl) The commission shall provide the person requesting the opinion wilh a draft redacted opinion via electronic mail or first-class mail within forty­ live days of rendering the wu·edacted opinion. The person requesting the opinion shall have fifteen days from receipt of the redacted opinion in which lo provide comments to the commission. The commission shall have thi1ty days from the expiration of the fifteen-day period or receipt of comments, wl1ichever comes first, in which to publish the redacted opinion. The commission may extend these deadlines by request or 'Nd~ odvt},,motion for good cause shown. [Eff July 13, 1981; am and comp li lj 2020 ] (Auth: HRS §§84-3 1(a)(5), 97­ 6(a)(5)) (Imp: HRS §§84-3 1, 97-6) §21-4-3 Repealed (R NOV 2 8 2020 §21-4-4 Repealed [R NOV 2 8 2020 §21-4-5 Repealed [R NOV 2 8 2020 4-3 3 3 78 ., HAWAI I ADMIN ISTRATIVE RULES TITLE21 LEG1SLAT1VE AGENCIES CHAPTERS STATE ETHICS COMMlSSION INVESTIGATIONS, CHARGES, CONTESTED CASES, AND SETTLEMENT §2 1-5-1