2022 Hawaii Revised Statutes
Title 21. Labor and Industrial Relations
383. Hawaii Employment Security Law
383-110 Personnel security program; criminal history record checks.
§383-110 Personnel security program; criminal history record checks. (a) The department shall establish a personnel security program that ensures a background investigation is completed at the appropriate level designated by the federal government for any individual who will have access to federal tax information, including a contractor and its employees or agents, if prior authority to access federal tax information has been provided by the United States Department of the Treasury. This program shall include criminal history record checks in accordance with section 846-2.7. Information obtained pursuant to this subsection shall be used exclusively by the department for the purpose of determining whether the person is suitable for accessing federal tax information in accordance with applicable federal laws.
(b) The department may terminate or deny employment to any employee or applicant, or terminate or refuse to secure the services of a contractor and its employees or agents authorized under subsection (a), if the department finds by reason of the background investigation conducted under subsection (a) that the employee, applicant, contractor, or contractor's employees or agents pose a risk to the security of federal tax information. Termination or denial of employment under this subsection shall only occur after appropriate notification to the employee, applicant, or contractor of the findings of the background investigation, and after the employee, applicant, or contractor is given an opportunity to meet and rebut the findings. Nothing in this subsection shall abrogate any applicable appeal rights under chapters 76 and 89, or administrative rules of the department.
(c) The department shall be exempt from section 831-3.1 and need not conduct investigations, notifications, or hearings under this section in accordance with chapter 91. [L 2017, c 132, §4]
