Hawaii Administrative Rules Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL
Overview
Title 5 of the Hawaii Administrative Rules (HAR) covers the organization, functions, and procedures of the Department of the Attorney General (AG) of Hawaii. These rules guide the operations of the AG’s office, its interactions with other government entities, and its responsibilities in providing legal services to the state.
Key Areas Covered in Title 5
1. Organization and Structure
Describes the structure of the Department, including the roles of the Attorney General, deputies, and other staff.
Defines the authority and responsibilities of various divisions within the Department.
Outlines internal administrative procedures.
2. Legal Services to the State
Specifies the Department’s role as the chief legal advisor to the Governor, state agencies, and the legislature.
Details how legal opinions, advice, and representation are provided to state officials.
Sets procedures for issuing formal opinions and handling legal inquiries.
3. Prosecution and Law Enforcement Support
Covers the Department’s role in criminal prosecutions, particularly in cases involving state interests.
Describes cooperation with county prosecutors and law enforcement agencies.
Establishes guidelines for investigations and handling of special cases.
4. Consumer Protection and Civil Enforcement
Provides rules related to consumer protection activities undertaken by the AG’s office.
Details processes for civil enforcement actions, including investigations, settlements, and lawsuits.
Defines how complaints from the public are received and processed.
5. Ethics and Professional Conduct
Sets ethical standards for attorneys and staff within the Department.
Includes provisions for conflict of interest, confidentiality, and professional responsibility.
Establishes procedures for addressing misconduct or breaches of ethics.
6. Public Records and Information
Specifies policies regarding public access to records held by the Department.
Describes procedures for requests under the Hawaii Public Records Law.
Balances transparency with confidentiality requirements.
7. Administrative Procedures
Outlines rules for hearings, appeals, and other administrative processes conducted by or involving the Department.
Details the use of subpoenas, depositions, and other legal tools.
Provides guidelines for cooperation with other state and federal agencies.
Summary Table
| Area | Details |
|---|---|
| Organization & Structure | Department roles, divisions, internal procedures |
| Legal Services | Advice to state officials, issuance of legal opinions |
| Prosecution & Law Enforcement | Criminal prosecutions, cooperation with county prosecutors |
| Consumer Protection | Civil enforcement, complaint handling |
| Ethics & Professional Conduct | Standards for attorneys, conflict of interest policies |
| Public Records | Access to records, handling public information requests |
| Administrative Procedures | Hearings, appeals, subpoenas, inter-agency cooperation |
Importance
Ensures the Attorney General’s office operates efficiently and transparently.
Provides clear guidance on the Department’s legal, prosecutorial, and consumer protection roles.
Protects the integrity and professionalism of the AG’s legal staff.
Facilitates public access to government information while maintaining necessary confidentiality.
Supports the rule of law and legal compliance across Hawaii state government.
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