HOUSE OF REPRESENTATIVES

H.C.R. NO.

185

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

requesting the director of health to adopt rules to authorize administrative reviews of certain actions committed by agents or inspectors of the Department of health.

 

 

 


     WHEREAS, the Department of Health regulates, through licensure and certification, several professions and occupations related to the public health; and

 

     WHEREAS, statutes relating to the Department of Health presently contain no express provisions that authorize aggrieved persons to challenge departmental decisions that adversely affect licenses or certifications held or applied for by aggrieved persons; and

 

     WHEREAS, adverse decisions by the Department unfairly impact applicants for licensure or certification when made upon improper grounds, such as those recognized under section 96-8, Hawaii Revised Statutes; and

 

     WHEREAS, the Director of Health has the statutory authority under section 321-9, Hawaii Revised Statutes, to adopt rules "as it may consider expedient for the conduct of its business;" now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the Senate concurring, that the Director of Health is requested to adopt rules to authorize administrative reviews of actions committed by agents or inspectors of the Department of Health that:

 

(1)  Adversely affect a license or certification held or applied for by an aggrieved person; and

 

(2)  Are based upon grounds that are otherwise appropriate subjects for investigation under section 96-8, Hawaii Revised Statutes; and

 

     BE IT FURTHER RESOLVED that the Director of Health is requested to impose appropriate sanctions as may otherwise be permitted by law for inappropriate actions of agents or inspectors of the Department of Health; and

 

     BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Director of Health.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Director of Health