§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]
Structure Hawaii Revised Statutes
Title 7. Public Officers and Employees
78-1 Citizenship and residence; exceptions.
78-2.6 Prospective employees; suitability for public employment.
78-2.7 Criminal history record checks.
78-2.8 Public employees; termination.
78-3.1 Whistleblowers; notice.
78-3.5 Experimental modernization projects.
78-3.6 Experimental modernization projects; county boards of water supply.
78-4 Boards and commissions; service limited.
78-8 Persons subject to sections 78-8 to 78-11.
78-9 Failure to appear or testify, termination of employment.
78-12 Salary withheld for indebtedness to the government.
78-16.5 Pay of officers and employees on active military service and other periods.
78-17 Payment of salaries or wages upon discharge from service.
78-21 Limitation of liability.
78-23.6 Leave of absence to serve as bone marrow donor or organ donor.
78-24 Injured employee; liability of third persons.
78-25 Credits for employees receiving workers' compensation benefits; wage supplement.
78-27 Temporary inter- and intra-governmental assignments and exchanges.
78-28 In-service training programs.
78-29 Incentive and service awards.
78-31 Paid leave; education of children.
78-32 Payment of approved travel costs for public officers and employees.
78-52 Peer support counseling; sessions.
78-53 Pretax transportation benefit program.
78-64 New employees; orientation on benefits and rights.
78-65 County mayors; outside employment and emoluments prohibited.