Current through November, 2024
Section 21-4-2 - Rendering of advisory opinion(a) An advisory opinion shall be in writing and signed by all commissioners subscribing to the opinion. It shall be considered rendered when it is signed and delivered, personally or via electronic mail or first-class mail.(b) Any commissioner who agrees with the commission's opinion but for different reasons than as stated may file a written concurring opinion; any member of the commission who disagrees with the commission's opinion may file a written dissenting opinion, which shall be placed at the end of the majority opinion or at the end of the concurring opinion, if any.(c) An Unredacted advisory opinion shall be issued to the person requesting the opinion within thirty days of the request being filed with the commission pursuant to section 21-4-1(c). The person requesting the opinion may authorize the commission to publish the unredacted advisory opinion; however, the commission retains the discretion to redact the opinion prior to publication,(d) The commission shall provide the person requesting the opinion with a draft redacted opinion via electronic mail or first-class mail within forty-five days of rendering the unredacted opinion. The person requesting the opinion shall have fifteen days from receipt of the redacted opinion in which to provide comments to the commission. The commission shall have thirty days from the expiration of the fifteen-day period or receipt of comments, whichever comes first, in which to publish the redacted opinion. The commission may extend these deadlines by request or on its own motion for good cause shown.[Eff July 13, 1981; am and comp 11/28/2020] (Auth: HRS §§ 84-31(a)(5), 97-6(a)(5)) (Imp: HRS §§ 84-31, 97-6)