Justice must always prevail Our solution is the key Never give in, never give up Until our leaders must agree Compromise is not an option If we truly want to be free - Larry Pinsky

1. BOARD FILES COMPLAINTS AGAINST MAUI HEALTH OFFICER, PHYSICIAN
BOARD FILES COMPLAINTS AGAINST MAUI HEALTH OFFICER, PHYSICIAN
By Colleen Uechi, Managing Editor, The Maui News, August 28, 2021
<https://www.mauinews.com/news/local-news/2021/08/board-files-complaints-against-maui-health-officer-physician/>
Jayson Horiuchi, spokesperson for the Department of Commerce and Consumer Affairs, confirmed
that the board filed separate complaints against Maui District Health Officer Dr. Lorrin Pang and
pediatric cardiologist Dr. Kirk Milhoan on Thursday with the Regulated Industries Complaints Office.
THE ADMINISTRATIVE PROCEDURE ACT
EPIC <https://epic.org/open_gov/Administrative-Procedure-Act.html>
The Administrative Procedure Act (APA) governs internal procedures of administrative agencies,
including how they interact with the public. The APA is codified at 5 U.S.C. §§ 551-559, and
encompasses the Freedom of Information Act (FOIA) (5 U.S.C. § 552) and the Privacy Act (5 U.S.C. §
552a). The APA serves to police improper agency behavior, protect public safety, and secure proper
entitlements. The APA governs all three main agency functions: rulemakings, adjudications, and
licensing.
When a license is required by a law, the agency in granting that license must comply with the same
procedures governing formal rulemaking and adjudication. Application for all other licenses is
governed by internal agency rules. An agency cannot revoke a license while an application for a new
license remains pending. Further, licenses cannot be revoked unless the agency gives notice as to what
action has provided cause for the revocation and has allowed the licensee an opportunity to correct that
action. Final agency decisions are subject to judicial review. Generally, challenges to agency
regulations have a six-year statute of limitations.
______________________________
In Hawaii, Chapter 91 of the Hawaii Revised Statutes is the Administrative Procedures Act. The
Uniform State Procedures Act of 1961 was passed in 1961 as Act 103. Sometimes referred to as
HAPA, the Hawaii Administrative Procedures Act, the legislation was adopted “to provide uniform
administrative procedures for all state and county boards, commissions, departments or offices which
would encompass procedure of rule making and adjudication of contested cases.” Bush v. Hawaiian
Homes Comm'n, 76 Haw. 128, 133, 870 P.2d 1272, 1277 (1994) (quoting Hse. Stand. Comm. Rep. No.
8, in 1961 House Journal, at 653). Weil's Code of Hawaii <https://law-hawaii.libguides.com/c.php?g=125434&p=821827>

2. HAWAII ADMINISTRATIVE RULES
TITLE 16 DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS CHAPTER 201
ADMINISTRATIVE PRACTICE AND PROCEDURE
SUBCHAPTER 1 GENERAL PROVISIONS
§16-201-25 EX PARTE COMMUNICATIONS
<https://cca.hawaii.gov/oah/files/2013/08/har_oah_201.pdf>
(a) In any proceeding before the authority:
(1) Neither the department nor any person, either in private or public life, shall communicate
privately on the merits of the case with any member of the authority, the authority's staff or
with the hearings officer designated to hear and decide the matter unless specifically provided
for by law; and
(2) No member of the authority's staff or any other government agency who participates in the
hearing as a witness or counsel shall privately communicate on the merits of the case with any
member of the authority or with the hearings officer designated to hear and decide the matter, unless
specifically provided for by law.
(b) It shall be improper for the department or any person interested in a proceeding to seek to
influence the judgment of the authority or hearings officer.
(c) Except as otherwise provided herein, it shall be improper for the department:
(1) To disclose or reveal to any member of the authority or hearings officer designated to hear
and decide the matter the contents of any investigatory report concerning the matter before the
authority or hearings officer; or
(2) To furnish the report or a copy thereof to any member of the authority or hearings officer
designated to hear and decide the matter.
(d) Nothing in this subsection, which is intended to prohibit the ex parte disclosure of the
investigatory report, shall prohibit the introduction of the report at the hearing pursuant to and in
conformance with sections 16-201-29 and 16-201-32. [Eff 7/11/81; am and comp 1/25/85; am and
comp 7/6/90] (Auth: HRS §§91-2, 26-9) (Imp: HRS §§91-9, 91-2, 26-9)