Haw. Code R. § 7-2-6 - Procedure generally

(a) Before taking action to impose non-judicial punishment, a commanding officer shall determine that:

(1) The member's duty status is one to which chapter 124A, HRS applies, as indicated in sections 124A-1 and 124A-2, HRS;

(2) The alleged misconduct actually took place;

(3) The misconduct was an offense under chapter 124A, HRS;

(4) The accused member committed the offense; and

(5) Non-judicial punishment is appropriate to the offense in view of the severity of the offense and the member's past record.

(b) The requirements set forth in subsection (a) shall be addressed promptly through investigation. Promptness in investigating a report of an offense is critical to the member's rights in the event trial by court-martial is conducted.

Notes

Haw. Code R. § 7-2-6

[Eff: FEB 11 1985] (Auth: HRS §§ 124A-21, 124A-171) (Imp: HRS § 124A-21)