Haw. Code R. § 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 11-8, or section 11-316, HRS, provided that nothing herein shall establish an attorney-client relationship between the person seeking advice and the executive director. Any written 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 any 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 advisory opinion. All requests for advisory opinions made to the commission shall be in writing and shall contain:

(1) The name of the requester;

(2) The state agency for 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 mailing 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 determination; and

(9) The signature, 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.

(d) 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 supervisor 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 permitted to enter into a contract pursuant to section 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, HRS, or otherwise provided by law.

(e) The person who is the subject of a request for an advisory opinion may appear before the commission pursuant to section 21-1-6 of these rules.

(f) Consideration of the request for an advisory opinion is an adjudicatory function of the commission.

Notes

Haw. Code R. § 21-4-1

[Eff July 13, 1981; am and comp 11/28/2020] (Auth: HRS §§ 84-31(a)(5), 97-6(a)(5)) (Imp: HRS §§ 84-31, 92-3, 92-6, 97-6)