Haw. Code R. § 23-10-3 - Staff member or prospective staff member to provide information

(a) Every prospective staff member is required to provide to the department, and the department of human resources development, as appropriate:

(1) An accurately and fully completed employment application with all requested information and documents including employment references;

(2) A sworn statement signed under penalty of unshorn falsification to authorities, indicating:

(A) Any conviction for a crime other than a minor traffic violation involving fines of fifty dollars or less;

(B) Any and all dismissals, discharges or terminations from employment, or resignations while under investigation or while charges were pending for the past ten years;

(C) Any and all instances in which the applicant was an unsuccessful candidate for a staff position with the department within the past ten years;

(D) Whether the prospective staff member was ever discharged from the Armed Forces under other than honorable conditions;

(E) Whether the prospective staff member is under indictment for any alleged criminal act other than a minor traffic violation involving a fine of fifty dollars or less; and

(F) For positions requiring the use of a firearm, whether the prospective staff member is prohibited by law from possessing a firearm or ammunition;

(3) A written consent for the department or an agency designated by the director to conduct a suitability determination authorizing access, including, criminal history records, employment records, and other sources of information as deemed necessary to verify facts and statements provided in the application process and to obtain a complete evaluation of the applicant's suitability; and

(4) Written permission to be fingerprinted.

(b) Every staff member is required to provide to the department annually, or at periods determined appropriate by the director:

(1) A statement signed under penalty of unshorn falsification to authorities, indicating:

(A) Whether the staff member was convicted for a crime other than a minor traffic violation involving fines of fifty dollars or less; and

(B) Whether the staff member is under indictment for any alleged crime other than a minor traffic violation involving a fine of more than fifty dollars; and

(2) A written consent for the department or an agency designated by the director to conduct a suitability determination authorizing access, including, criminal history records, employment records, and other sources of information as deemed necessary and to obtain a complete evaluation of the staff member's suitability for continued employment; and.

(3) Written permission to be fingerprinted.

(c) Staff members and prospective staff members shall cooperate fully and make every reasonable effort to provide information and comply with fingerprinting and other related requirements when so notified and instructed by the department or its delegated agent. The department may refuse to hire and may terminate any person who fails to comply or cooperate during the suitability determination.

Notes

Haw. Code R. § 23-10-3

[Eff APR 15 2000] (Auth: HRS § 353C-2) (Imp: HRS § 353C-5)