HAR §23-4-13. Decision

(a) A final decision shall not be rendered by the department prior to the hearing and examination of all evidence unless the decision is made in the form of a proposal which is subject to the following conditions: (1) That the proposed decision contains a statement of reasons for the decision, including the determination of issues of fact or law necessary; 4-7 2282 §23-4-13 (2) That the proposal is served to the party seeking relief; and (3) That an opportunity is afforded to the party to file oral or written exceptions and to controvert the proposal. (b) A final decision shall be rendered in writing by the department to the affected party within one hundred twenty calendar days from the date of request for a hearing. The exception is when the hearing is continued or the record is held open wherein the time limit shall be extended only for the period of the continuance. The decision shall contain: (1) The findings of fact and conclusions; (2) Any filed proposed findings of fact and ruling on the proposed finding; and (3) A statement concerning the petitioner's right to judicial review. [Eff APR 15 2000] (Auth: HRS §353C-2) (Imp: HRS §§91-11, 91-12) 4-8 # HAWAII ADMINISTRATIVE RULES # TITLE 23 # DEPARTMENT OF PUBLIC SAFETY # SUBTITLE 1 # ADMINISTRATION # CHAPTER 10 # SUITABILITY DETERMINATIONS FOR # STAFF MEMBERS AND PROSPECTIVE STAFF MEMBERS | $23-10-1 | Definitions | | --- | --- | | $23-10-2 | General rule | | $23-10-3 | Staff member or prospective staff member to provide information | | $23-10-4 | Fingerprint requirement | | $23-10-5 | Use of criminal history records results | | $23-10-6 | Suitability determination | | $23-10-7 | Denial or termination of employment | | $23-10-8 | Administrative review | | 523-10-g | Appeal to the state civil service commission | | $23-10-10 | Implementation procedures and instructions | $23-10-1 Definitions. As used in this chapter: "Affected individual" means the person about whom a Federal Bureau of Investigations (FBI) identification record pertains. "Arrest records" means criminal history information obtained from sources other than the FBI pertaining to arrests for alleged criminal behavior. "Clean criminal history record" means that a person's criminal record check shows no indication of criminal behavior. "Conviction" means a final determination of guilt, whether by plea of the accused in open court, by verdict of the jury, or by decision of the court, as defined by section 831-3.2, Hawaii Revised 10-1 2282 823-10-1 Statutes, or as the same may be amended and shall include, a judicial, military, or law enforcement judgment, verdict, or adjudicatory finding that an individual has committed an offense, where such judgment, verdict, or finding is still valid. "Criminal conviction record" means criminal history information obtained from sources other than the FBI pertaining to a person's conviction of a crime. "Criminal history" means information about a person's actual or alleged criminal offense(s). "Criminal history record" means evidence of a person's actual or alleged criminal offense(s) (arrests, convictions, and supporting information) on file with law enforcement agencies, courts, the Hawaii criminal justice data center or in the national criminal history record files. "Criminal history record check" means an examination or search for evidence of a person's criminal history by means of: (1) a search for the person's fingerprints in the national criminal history record files, and, if found, an analysis and any other information available pertaining thereto; and (2) a criminal history record check conducted by the Hawaii criminal justice data center. "Department" means the department of public safety. "Employment record check" means information relating to a person's work experience. "FBI identification record" means a listing of certain information taken from fingerprint cards submitted to and retained by the FBI in connection with arrests and, in some instances, includes information taken from fingerprint cards submitted in connection with federal employment, naturalization, or military service. The FBI record is often referred to as a 'rap sheet'. The identification record includes the name of the agency or institution which submitted the fingerprint card to the FBI. If the fingerprint card concerns a criminal offense, the arrest charge, and the disposition of the arrest if known to the FBI. All arrest data included in an identification record are obtained from fingerprint cards, disposition reports and other reports submitted by agencies having criminal justice responsibilities. Therefore, the FBI 10-2 2282 523-10-1 Identification Division is not the source of the arrest data reflected on an identification record. 'FBI rules to correct the FBI identification record' means rules and regulations published in the Federal Register by the FBI pertaining to the procedure for the affected individual to obtain, review, and request change, correction, or updating of any alleged deficiency to the FBI identification record. "Fingerprinting" means the recording of a person's fingerprints using conventionally accepted equipment and procedures to satisfy the quality, readability, and specifications of the FBI's and the Hawaii criminal justice data center's criminal history record checking requirements. "Position" means a specific job, whether occupied or vacant, consisting of all the duties and responsibilities assigned or delegated by a competent authority, requiring the full or part-time employment of one person. "Prospective staff member" means any applicant for a position in the department who is directly involved with the treatment and care of persons committed to a facility or who possesses police powers including the power to arrest. "Staff member" means any employee of the department who is directly involved with the treatment and care of persons committed to a facility or who possesses police powers including the power of arrest. "Suitability" means fitness for employment after consideration of such factors as character, criminal history records, employment record, and other such information that the department deems necessary to ensure that staff members and prospective staff members are of reputable and responsible character, and are capable of performing the duties of the job. "Suitability determination" means determining the applicant's suitability for any position classified as a "staff member." The suitability determination may be based on a criminal history record check, employment record checks, and other sources of information as the department deems necessary to evaluate character, reputation, and suitability for employment or continued employment. 10-3 2282 523-10-1 "Unsworn falsification to authorities" means providing to the department an incorrect statement or a material omission by an applicant or staff person and shall be grounds for termination of a staff member or refusal to hire a prospective staff member. [Eff APR 15 2000] (Auth: HRS §353C-2) (Imp: HRS §353C-5)