HAR §21-5-12. Settlement

(a) The commission may resolve a matter at any time pursuant lo a setllement agreement deemed to be fair and in the public interest. (b) Settlement procedure: (l) The executive director may negotiate a tentative settlement agreement with any alleged violator, subject to the commission's approval. At any time, the executive director may, with the consent of the alleged violator, present the matter to the commission to obtain its inclination regarding proposed terms of an agreement; (2) Upon request, the alleged violator shall be provided an opportunity to address the commission as to the proposed terms of an agreement; (3) Upon approval of the settlement agreement, the alleged violator and the chairperson, or another commissioner so authorized by a majority of the commission, shall sign the agreement; and (4) The conunission may issue a resolution that serves as a final disposition of the matter, (c) Force and effect ofagreement: (l) The agreement resolves only those matters directly raised in the settlement agreement itself. The commission reserves the right to investigate and charge the alleged violator regarding matters not raised in the settlement agreement unless the agreement expressly provides otherwise; (2) The settlement agreement docs not resolve any matter against any alleged violator not a party to the agreement; And (3) By entering into a settlement agreement, the alleged violator waives any tight to appeal any action taken by the commission in connection with the matter. (d) Settlement agreements and resolutions are pi-esnmptively public, but the conunission may enter a confidential settlement agreement after considering the -following factors: 5-13 §21-5-12 (I) The nature of I.he violation; (2) The alleged violator's position and duties; (3) Whether the alleged violator has been involved with prior commission proceedings; (4) The manner in which the matter was brought lo the commission's attention; ! he al_leg~d violator's level ofcooperation with the cop1mission's mvest1gat1on; I The alleged violator's acknowledgement of wrongdoing and commitment to avoid fi1ture violalions; and Any other mitigating or aggravating factors. [Eff NOV. 2 8 2020 ](Auth: HRS §§84-3 1 (a)(5), 91-2, 97­ 61a)(5)1 (Imp: HRS §§84-32, 91-2, 9 1-8.5, 91-9, 97-6) 5-14 §21-6-1 HAWAll AD:MINlSTRA TIVE RULES TITLE 21 LEGISLATIVE AGENCIES CHAPTER 6 STATE ET{IICS COMMISSION PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF RULES AND FOR DECLARATORY ORDERS §2 1-6-l Who may petition for rulemaking §2 1-6-2 Fo1m and content of petition for rulemaking §2 1-6-3 Confo rmance of petition for rulemaking §21-6-4 Processing of petition for rulemaking §2 1-6-5 Consideration and disposition of pelilion for rulemak.ing §21-6-6 Who may petition fo r declaratory order §21-6-6. 1 Fom1 and content ofpetition for declaratory order §21-6-6.2 Confo rmance of peti tion for declaratory order §21-6-7 Processing ofpetition for declaratory order §21-6-8 Repealed §21-6-8.5 Consideration and disposition ofpetition for declaratory order Historical Note: This chapter is based substantially upon rules 7 and 8 ofthe State of Hawaii Ethics Commission Rules and R~ulations. [Eff 1/7/74 and l l/11/78; R July 13, l98 l; amand comp NOV 2 ts 2@10 ]