Hawaii Revised Statutes
28. Attorney General
28-17 Criminal history record checks.

§28-17 Criminal history record checks. (a) The department of the attorney general shall ensure that a background investigation is completed at the appropriate level designated by the federal government for any person, including any authorized contractor, to have access to federal tax information. This background investigation 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 of the attorney general for the purpose of determining whether the person is suitable for accessing federal tax information in accordance with applicable federal laws.
(b) The department of the attorney general may terminate or deny employment to any current or prospective employee, or terminate or refuse to secure the services of any contractor, if the department of the attorney general finds by reason of the background investigation conducted under subsection (a) that the current or prospective employee or employee or agent of the contractor poses a risk to the security of federal tax information. Termination or denial of employment, or termination or refusal to secure the services of any contractor, under this subsection, shall only occur after appropriate notification to the current or prospective employee or employee or agent of the contractor of the findings of the background investigation, and after the current or prospective employee or employee or agent of the 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 of the attorney general.
(c) Investigations conducted by the department of the attorney general pursuant to this section shall be exempt from section 831-3.1. [L 2021, c 35, §2]

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