338-16 Procedure concerning late and altered birth certificates. (a) Birth certificates registered one year or more after the date of birth, and certificates which have been altered after being filed with the department of health, shall contain the date of the late filing and the date of the alteration and be marked distinctly "late" or "altered".

(b) A summary statement of the evidence submitted in support of the acceptance for late filing or the alteration shall be endorsed on the certificates.

(c) Such evidence shall be kept in a special permanent file.

(d) When an applicant does not submit the minimum documentation required by the rules for late registration or when the state registrar finds reasons to question the validity or adequacy of the certificate or the documentary evidence, the state registrar shall not register the late certificate and shall advise the applicant of the reason for this action.

The department of health may by rule provide for the dismissal of an application which is not actively prosecuted.

(e) As used in this section, "late" means one year or more after the date of birth. [L 1949, c 327, 20; RL 1955, 57-19; am L Sp 1959 2d, c 1, 19; HRS 338-16; am L 1972, c 66, 1(2); am L 1997, c 305, 3]



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