Haw. Code R. § 21-5-2.3 - Cooperation with commission investigations

(a) Every department, division, board, bureau, commission, or other agency of the State shall cooperate and assist the commission in the performance of the commission's duties.

(b) In response to a request for documents by the commission, every department, division, board, bureau, commission, or other agency of the Slate shall provide such documents within ten business days unless extenuating circumstances exist. Extenuating circumstances exist when;

(1) The request requires extensive efforts to search, review, or segregate the records, or otherwise prepare the records for copying and transmittal to the commission;

(2) The agency requires additional time to respond to the request to avoid an unreasonable interference with its other statutory duties or functions; or

(3) A natural disaster or other situation beyond the agency's control prevents the agency from responding to the request within ten business days.

(c) When extenuating circumstances are present or the requested records are voluminous, the responding agency may, in good faith, elect to make the records available in increments and shall disclose each increment within ten business days of the prior incremental disclosure.

(d) The head of each department, division, board, bureau, commission, or other agency of the State shall be responsible for ensuring such cooperation and assistance.

(e) If the commission requests cooperation with an investigation or seeks to conduct an investigatory interview, and such cooperation is not forthcoming from any agency or individual, the commission may, but need not:

(1) Draw a negative inference that the requested information would have reflected unfavorably on the party refusing to provide the requested information;

(2) Consider the matters to which the requested information or testimony pertains to be established in favor of the opposing party;

(3) Exclude other evidence offered by the party failing to produce the requested information or witness; or

(4) Take such other action as it deems appropriate.

Notes

Haw. Code R. § 21-5-2.3

[Eff 11/28/2020] (Auth: HRS §§ 84-31(a)(5). 91-2.97-6(a)) (Imp: HRS §§ 84-31, 84-36, 91-2, 97-6)