Haw. Code R. § 21-7-2 - Prohibited gifts

Current through February, 2022

(a) An employee or legislator shall not solicit, accept, or receive any gift, directly 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 state duties.
(b) In determining whether a gift is prohibited, the commission shall examine the circumstances surrounding the offer of the gift and consider;
(1) The donor's relationship to the recipient. Except as specifically provided in this chapter, a gift is generally prohibited where the recipient is in a position to 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 recipient'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) The 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 complimentary admission to events or venues that are primarily intended as entertainment, such as concerts, movies, sporting events, or golf tournaments, do not serve any state purpose and are more likely to be prohibited.

Notes

Haw. Code R. § 21-7-2
[Eff 11/28/2020] (Auth: HRS § 84-31(a)(5)) (Imp: HRS §§ 84-11, 84-11.5, 84-13)

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