[§304A-1968] Construction of subpart.

521 words·~2 min read·/hi/304a-1968

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Other state laws, including without limitation the state code of ethics, shall be applied and construed on balance in recognition of the public benefits created and state interests advanced by the activities conducted by the University of Hawaii pursuant to this subpart.

(b)Notwithstanding subsection (a), the University of Hawaii shall not sponsor, enter into, or continue to engage in activities conducted pursuant to this subpart with a private person in which an employee of the University of Hawaii has a conflict of interest as provided in section 84-14, including a financial interest, irrespective of whether the State benefits from the activities; provided that the prohibition under this subsection shall not apply if:

(1)The activities with the private person transform the products of the University of Hawaii's research and instructional activities into viable economic enterprises;

(2)The State stands to benefit from the activities with the private person;

(3)The activities with the private person comply with the regulatory framework and research compliance program and policies approved by the board of regents of the University of Hawaii;

(4)The employee's conflict of interest is disclosed at the time of the proposal, and the proposals and binding agreements for each of the activities with the private person are reviewed by the state ethics commission to assure compliance with ethics laws;

(5)Any changes to the terms and conditions of the activities are reported to the state ethics commission;

(6)The employee with the conflict of interest does not:

(A)Take official action affecting the activities with the private person; or

(B)Directly or indirectly supervise an employee who takes official action affecting the activities with the private person; and

(7)During the term of the activities with the private person, the following employees file annually with the state ethics commission a disclosure of financial interests pursuant to section 84-17:

(A)Employees who have a conflict of interest as provided in section 84-14, including a financial interest, in the private person;

(B)Employees who [take] official action affecting the activities with the private person; and

(C)Employees who directly or indirectly supervise an employee who takes official action affecting the activities with the private person.

(c)Notwithstanding subsection (a), any activities conducted by the University of Hawaii pursuant to this subpart in violation of subsection

(b)is voidable under section 84-16; provided that this subsection and subsection

(b)shall not apply to contracts entered into or extended by the University of Hawaii prior to January 1, 2022, for activities conducted by the University of Hawaii pursuant to this subpart.

(d)The University of Hawaii shall file annually with the state ethics commission a disclosure, including its conflict of interest management plan, of any conflict of interest of any employee relating to its activities conducted pursuant to this subpart.

(e)As used in this section, "person" means any individual, firm, association, organization, sole proprietorship, partnership, company, corporation, joint venture, trust, or any other form of business or legal entity or group of individuals. [L Sp 2021, c 8, pt of §10, §16; am L 2024, c 116, §1]