Hawaii Revised Statutes 96. The Ombudsman

  • 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...
  • 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...
  • 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,...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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,...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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,...
  • 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...
  • 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,...
  • 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,...

Last modified: October 27, 2016