§78-10 Procedure upon default.

282 words·~1 min read·/hi/chapter-78/78-10

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

§78-10 Procedure upon default. If any person subject to sections 78-8 to 78-11 refuses to appear or refuses to testify under any of the circumstances contemplated in section 78-9, the presiding judge or officer of the court or body before which the default or refusal occurs shall certify the fact thereof to the appointing or employing authority having cognizance of the person as a public officer or public employee and to the comptroller or other disbursing officer who issues warrants or checks to pay the person for the person's services as a public officer or public employee.

If the default or refusal occurs before any court or body whose presiding judge or officer may not be required by the legislature to make and file such a certificate, then

(1)the presiding judge or officer may make and file the certificate, and

(2)the attorney general of the State, upon learning of the default or refusal, shall make and file the certificate if the presiding judge or officer of the court or body has not filed the same. Upon receiving a certificate,

(A)the appointing or employing authority shall remove or discharge the person from office or employment, and

(B)the comptroller or other disbursing officer shall make no further payments of public funds to the person, except to pay the person the salary, wages, bonus, or other compensation to which the person otherwise would be entitled if the person were voluntarily terminating the person's office or employment on the day the order is served on the comptroller or other disbursing officer. [L 1951, c 177, pt of §3; RL 1955, §5-5; am L 1957, c 152, §1; HRS §78-10; gen ch 1985]