Report Title:
Agency Administrative Rules Compliance; Ombudsman Investigation
Description:
Requires ombudsman to investigate government agencies to ensure compliance with administrative rules.
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THE SENATE |
S.B. NO. |
824 |
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TWENTY-FIRST LEGISLATURE, 2001 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ADMINISTRATIVE RULE COMPLIANCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 96-8, Hawaii Revised Statutes, is amended to read as follows:
"§96-8 Appropriate subjects for investigation. An appropriate subject for investigation is an administrative act of an agency which might be:
(1) Contrary to law;
(2) Unreasonable, unfair, oppressive, or unnecessarily discriminatory, even though in accordance with law;
(3) Based on a mistake of fact;
(4) Based on improper or irrelevant grounds;
(5) Unaccompanied by an adequate statement of reasons;
(6) Performed in an inefficient manner; [or]
(7) Contrary to administrative rules adopted by any agency; or
[(7)] (8) Otherwise erroneous.
The ombudsman may investigate to find an appropriate remedy."
SECTION 2. Section 96-13, Hawaii Revised Statutes, is amended to read as follows:
"§96-13 Publication of recommendations. (a) After a reasonable time has elapsed, the ombudsman may present the ombudsman's opinion and recommendations to the governor, the legislature, the public, or any of these. The ombudsman shall include with this opinion any reply made by the agency.
(b) If the ombudsman finds that any agency has failed to comply with an administrative rule, the ombudsman shall present the ombudsman's opinion and recommendations to the legislature."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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