HAR §21-5-9. §21-5-9

1 §21-5-10 §21-5-11 §2 1-5-12 AGREEMENTS Repea led Investigations; charges i11itiated by tbe commission Charges initiated by a member of the pub.lie Confidentiality in investigations Cooperation with commission investigations Investigatory interviews Legal counsel individual representing party Procedure upon issuance ofcharge; further statement of alleged violation Repealed Status conference Repealed Contested hearings; 11otice of hearing Repealed Motions Contested hearings; procedures Rules ofevidence Pre-hearing conference Post-hearing procedures for hearing conducted by the commission Post-hearing procedures for hearing conducted by hearing officer Record ofhearing Post-hearing complaint Settlement 5-1 3378 H~J §21 -5- 1 Hislorical Note: This chapler is based substantially upon rules 5 and 9 of the State of Hawaii Ethics Commission Rules. and Regulations. [Eff 1/7/74 and 11/ 11/78; R July 13, 198 I; am and comp NOV 2 8 2020 ] §21-5-1 Repealed (R NOV 2 8 2020 I §2 1-5-2 luvestigatious; charges initiated by the commission. (a) Any individual may submit info1mation lo the executive director alleging a violation of chapter 84 or 97, HRS. Such information may be offered anonymously and need not be provided under oath. (b) The executive director may investigate any matter upon Lhe receipt of information inclicatiJ1g a possible violation of chapter 84 or 97, HRS. The executive director may also investigate any matter at the request of the commission or on the executive director's own initiative. (c) The executive director may refer any complainant lo another agency as appropriate. (cl) The executive director shall determ ine whether and how lo investigate a matter and whether to request from the commission a resolution to investigate the matter pursuant to subsection (e). Al any time prior to requesting a resolution to investigate, the executive director may close any investigation. (c) ln investigating any matter prior to obtaining a resolution to investigate from the commission, the executive director may review publicly available documents or documents maintained by the State; the executive director may also interview legislators, employees, other appointed or elected officials, or the alleged violator. Investigations shall not extend to interviews of other persons unless the commission, in its discretion, issues a resolution to investigate. (t) A resolution to i1westigate issued by the commission shall define the nature and scope of the investigation and be supported by a vole of tfo·ee or more members of the commission. (g) If after investigation ,it least tluee con1missioners decide that a charge should be i11itiated, the charge shall be issued in writing and signed by at least tl\ljee,,~QHHnissioners. [EffJ uly 13, 1981; am and comp NOV 2 0 LULU ] (Auth: HRS §§84-3 l(a)(S), 91-2, 97-6(a)(5)) (Imp: HRS §§84-3 1, 91-2, 97-6)