Administration
HRS §97-6
in effect97-6. Administration
(a) The state ethics commission shall administer and implement this chapter, and shall have the following powers and duties:
(1) Initiate, receive, and consider charges and other
information, on a confidential basis, concerning alleged, possible, or
potential violations of this chapter and other laws or rules administered and
enforced by the commission, and investigate or cause to be investigated; on a
confidential basis, the activities of any person to determine whether the
person is in compliance with this chapter;
(2) Prescribe forms for the documentation,
statements, and reports required by sections 97-2 and 97-3 and establish
orderly procedures for implementing the requirements of those provisions;
(3) Provide advice upon the request of any person as
to whether the facts and circumstances of a particular situation constitute or
will constitute a violation of this chapter or other laws or rules administered
and enforced by the commission and discuss ways to avoid an appearance of
impropriety. A person receiving advice from the commission may request a
written summary of that advice. The commission shall treat all advice
requests, responses, and related materials as confidential. Written summaries
shall be confidential unless the recipient waives confidentiality;
(4) Render advisory opinions upon the request of any
person subject to this chapter. If no advisory opinion is rendered within
ninety days after the request is filed with the commission, it shall be deemed
that an advisory opinion was rendered and that the facts and circumstances of
that particular case do not constitute a violation of this chapter. The
opinion rendered or deemed rendered, until amended or revoked, shall be binding
on the commission in any subsequent charges concerning the person subject to this
chapter who sought the opinion and acted in reliance on it in good faith,
unless material facts were omitted or misstated by the person in the request
for an advisory opinion. The commission shall also render public general
advisory opinions concerning proper interpretations of the laws of this chapter
and other laws or rules administered and enforced by the commission, if it
deems the opinion of sufficient general interest and importance;
(5) Issue subpoenas, administer oaths, require the
production for examination of any records or papers relative to any matter
under investigation or in question before the commission, and exercise those
powers conferred upon the commission by section 92-16;
(6) Adopt, amend, and repeal rules, not inconsistent
with this chapter, that in the judgment of the commission seem appropriate for
the carrying out of this chapter and for the efficient administration of this
chapter, including every matter or thing required to be done or that may be
done with the approval or consent or by order or under the direction or
supervision of, or as prescribed by, the commission. The rules, when adopted
as provided in chapter 91, shall have the force and effect of law;
(7) Have jurisdiction for purposes of investigation
and taking appropriate action on possible violations of this chapter in all
proceedings commenced within six years of a possible violation of this
chapter. A proceeding shall be deemed commenced by the filing of a charge with
the commission or by the signing of a charge by three or more members of the
commission. Nothing shall bar proceedings against a person who by fraud or
other device prevents discovery of a violation of this chapter; and
(8) Distribute educational and advisory publications
and initiate, administer, and maintain training programs for the purpose of
training lobbyists on compliance with state lobbying laws and applicable parts
of the code of ethics.
(b) Charges concerning the violation of this
chapter shall be in writing, signed by the person making the charge under oath;
provided that any charge initiated by the commission shall be signed by three
or more members of the commission. The commission shall issue written notice
to every person against whom a charge is received and afford the person an
opportunity to explain the conduct alleged to be in violation of the chapter.
The commission may investigate, after compliance with this section, the charges
and render an informal advisory opinion to the alleged violator. The
commission shall investigate all charges on a confidential basis, having
available all the powers herein provided, and proceedings at this stage shall
not be public. If the informal advisory opinion indicates a probable
violation, the person charged shall request a formal opinion or within a
reasonable time comply with the informal advisory opinion. If the person
charged fails to comply with the informal advisory opinion or if a majority of
the members of the commission determine that there is probable cause for belief
that a violation of this chapter might have occurred, a copy of the charge and
a further statement of the alleged violation shall be personally served upon
the alleged violator. Service shall be made by personal service upon the
alleged violator wherever found or by registered or certified mail with request
for a return receipt and marked deliver to addressee only. If after due
diligence service cannot be effected successfully in accordance with the above,
service may be made by publication if so ordered by the circuit court of the
circuit wherein the alleged violator last resided. The commission shall submit
to the circuit court for its consideration in issuing its order to allow
service by publication an affidavit setting forth facts based upon the personal
knowledge of the affiant concerning the methods, means, and attempts made to
locate and effect service by personal service or by registered or certified
mail in accordance with the above. Service by publication when ordered by the
court shall be made by publication once a week for four successive weeks of a
notice in a newspaper of general circulation in the circuit of the alleged
violator's last known state address. The alleged violator shall have twenty
days after service thereof to respond in writing to the charge and statement.
(c) If after twenty days following service of
the charge and further statement of alleged violation in accordance with this
section, a majority of the members of the commission conclude that there is
probable cause to believe that a violation of this chapter has been committed,
then the commission shall set a time and place for a hearing, giving notice to
the complainant and the alleged violator in the same manner as provided in
subsection (b). Upon the commission's issuance of a notice of hearing, the charge
and further statement of alleged violation and the alleged violator's written
response thereto shall become public records. The hearing shall be held within
ninety days of the commission's issuance of a notice of hearing. If the
hearing is not held within that ninety-day period, the charge and further
statement of alleged violation shall be dismissed; provided that any delay that
is at the request of, or caused by, the alleged violator shall not be counted
against the ninety-day period.
All parties shall have an opportunity to:
(1) Be heard;
(2) Subpoena witnesses and require the production of
any books or papers relative to the proceedings;
(3) Be represented by counsel; and
(4) Have the right of cross-examination.
All hearings shall be in accordance with
chapter 91. All witnesses shall testify under oath and the hearings shall be
open to the public. The commission shall not be bound by the strict rules of
evidence but the commission's findings shall be based on competent and
substantial evidence.
All testimony and other evidence taken at the
hearing shall be recorded. All fees collected under this chapter shall be
deposited into the general fund.
(d) A decision of the commission pertaining to
the conduct of any person subject to this chapter shall be in writing and
signed by three or more of the members of the commission. A decision of the
commission rendered after a hearing together with findings and the record of
the proceeding shall be a public record.
(e) A person who files a frivolous charge with
the commission against any person covered by this chapter shall be civilly
liable to the person charged for all costs incurred in defending the charge,
including but not limited to costs and attorneys' fees. In any case where the
commission does not issue a decision or final conclusion in which the
commission concludes that a person has violated this chapter, the commission
shall, upon the written request of the person charged, make a finding as to
whether or not the charge was frivolous. The person charged may initiate an
action in the circuit court for recovery of fees and costs incurred in
commission proceedings within one year after the commission renders a decision
that the charge was frivolous. The commission's decision shall be binding upon
the court for purposes of a finding pursuant to section 607-14.5.
(f) The commission shall cause to be published
yearly summaries of decisions, advisory opinions, and informal advisory
opinions. The commission shall make sufficient deletions in the summaries to
prevent disclosing the identity of persons involved in the decisions or
opinions where the identity of such persons is not otherwise a matter of public
record under this chapter.
[L 1975, c 160, pt of §1; am L 1979, c 91, §13; am L
1980, c 129, §1(g); am L 1982, c 105, §5; am L 1995, c 220, §7; am L 1997, c 264,
§1; am L 1998, c 17, §1; am L 2001, c 146, §1; am L 2019, c 109, §2; am L 2024,
c 188, §3]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0097/HRS_0097-0006.htmFetched: 11/10/2026