§96-1 Definitions. (a) “Agency” includes any permanent governmental entity, department, organization, or institution, and any officer, employee, or member thereof acting or purporting to act in the exercise of the officer’s, employee’s, or member’s official duties, except: (1) The judiciary and its staff; (2) The legislature, its committees, and its staff; (3) An entity of […]
§96-10 Powers. Subject to the privileges which witnesses have in the courts of this State, the ombudsman may: (1) Compel at a specified time and place, by a subpoena, the appearance and sworn testimony of any person who the ombudsman reasonably believes may be able to give information relating to a matter under investigation; and […]
§96-11 Consultation with agency. Before giving any opinion or recommendation that is critical of an agency or person, the ombudsman shall consult with that agency or person. [L 1967, c 306, §12; HRS §96-11]
§96-12 Procedure after investigation. If, after investigation, the ombudsman finds that: (1) A matter should be further considered by the agency; (2) An administrative act should be modified or canceled; (3) A statute or regulation on which an administrative act is based should be altered; (4) Reasons should be given for an administrative act; or […]
§96-13 Publication of recommendations. 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. [L 1967, c 306, §14; HRS §96-13; gen ch 1985]
§96-14 Notice to the complainant. After a reasonable time has elapsed, the ombudsman shall notify the complainant of the actions taken by the ombudsman and by the agency. [L 1967, c 306, §15; HRS §96-14; gen ch 1985]
§96-15 Misconduct by agency personnel. If the ombudsman has a reasonable basis to believe that there may be a breach of duty or misconduct by any officer or employee of an agency, the ombudsman may refer the matter to the appropriate authorities without notice to that person. [L 1967, c 306, §16; HRS §96-15; gen […]
§96-16 Annual report. The ombudsman shall submit to the legislature and the public an annual report discussing the ombudsman’s activities under this chapter. [L 1967, c 306, §17; HRS §96-16; gen ch 1985]
§96-17 Judicial review, immunity. No proceeding or decision of the ombudsman may be reviewed in any court, unless it contravenes the provisions of this chapter. The ombudsman has the same immunities from civil and criminal liability as a judge of this State. The ombudsman and the ombudsman’s staff shall not testify in any court with […]
§96-18 Agencies may not open letters to ombudsman. A letter to the ombudsman from a person held in custody by an agency shall be forwarded immediately, unopened, to the ombudsman. [L 1967, c 306, §19; HRS §96-18]
§96-19 Penalty for obstruction. A person who willfully hinders the lawful actions of the ombudsman or the ombudsman’s staff, or willfully refuses to comply with their lawful demands, shall be fined not more than $1,000. [L 1967, c 306, §20; HRS §96-19; gen ch 1985]
§96-2 Ombudsman; office established, appointment, tenure, removal, qualifications, salary, vacancy. The office of ombudsman is established. The legislature, by a majority vote of each house in joint session, shall appoint an ombudsman who shall serve for a period of six years and thereafter until a successor shall have been appointed. An ombudsman may be reappointed […]
§96-3 Assistance, staff, delegation, funding. (a) The ombudsman shall appoint a first assistant and other officers and employees as may be necessary to carry out this chapter. All employees, including the first assistant, shall be hired by the ombudsman and shall serve at the ombudsman’s pleasure. (b) In determining the salary of each employee, the […]
§96-4 Procedure. The ombudsman may establish procedures for receiving and processing complaints, conducting investigations, and reporting the ombudsman’s findings. However, the ombudsman may not levy fees for the submission or investigation of complaints. [L 1967, c 306, §5; HRS §96-4; gen ch 1985]
§96-5 Jurisdiction. The ombudsman has jurisdiction to investigate the administrative acts of agencies and the ombudsman may exercise the ombudsman’s powers without regard to the finality of any administrative act. [L 1967, c 306, §6; HRS §96-5; gen ch 1985] Attorney General Opinions Ombudsman has no jurisdiction over employee complaints covered by collective bargaining agreements […]
§96-6 Investigation of complaints. (a) The ombudsman may investigate any complaint which the ombudsman determines to be an appropriate subject for investigation under section 96-8. (b) The ombudsman may investigate on the ombudsman’s own motion if the ombudsman reasonably believes that an appropriate subject for investigation under section 96-8 exists. [L 1967, c 306, §7; […]
§96-7 Notice to complainant and agency. If the ombudsman decides not to investigate, he shall inform the complainant of that decision and shall state his reasons. If the ombudsman decides to investigate, he shall notify the complainant of his decision and he shall also notify the agency of his intention to investigate. [L 1967, c […]
§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 […]
§96-9 Investigation procedures. (a) In an investigation, the ombudsman may make inquiries and obtain information as the ombudsman thinks fit, enter without notice to inspect the premises of an agency, and hold private hearings. (b) The ombudsman is required to maintain secrecy in respect to all matters and the identities of the complainants or witnesses […]
