HAR §21-7-2. §2 l-7-2 Prohibited gifts

(a) An employee or legislator shall nol solicit, accept, or receive any gift, cliJectly or indirectly, if a reasonable person may conclude that the gift is being given to influence or reward the recipient for the performance or nonperformance of the recipient's slate duties. (b) In determining whether a gift is prohibited, the commission shall examine the circumstances sunounding the offer of the gjft and consider: ( 1) The donor's relationship to the repipient. Except as specifically provided in this chapter, a gift is generally prohibited where the recipient is in a position Lo take official action specifically affecting the donor, such as where the donor is a party to a contested case hearing before the recipient, regulated by the recipient or the 1·ecipient's agency, involved in procurement with the recipient or the recipient's agency, or a lobbyist seeking legislative or administrative action from the recipient or the recipient's agency; (2) Tbe value of the gift Generally, the higher the value of the gift, the more likely the gift is prohibited; and (3) Whether the gift supports a state purpose. Generally, cash, gift cards, and complimentaty admission to events or venues tlrnt arc primarily intended as entertainment, such as concerts, movies, sporting events, or golf tournaments, do not serve any state purpose and are more likely Lo be prohibited. [Eff NOV 2 8 2020 ](Auth: HRS §84-31 (a)(5)) (imp: HRS §§84-1 l, 84-l 1.5, 84-13)