Hawaii Small Business Bill of Rights
Small business owners and operators should be informed of their rights, responsibilities and obligations and be assured that these rights will be protected throughout their contact with agencies and departments of the State of Hawaii, among them:
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- The right to expect agencies to provide a prompt, accurate, and courteous response to a request for information and to work together to assure ready access to the information needed to assist business in their relationship with the State;
- The right to question the actions and decisions of agencies and elected officials without the fear of retaliation and retribution;
- The right to expect agencies to ensure the accuracy, integrity, objectivity, and consistency of any data that is used when preparing proposed rules and when completing an analysis of the proposed rule;
- The right to a clear, stable, and predictable regulatory and record-keeping environment with easily accessible information and administrative rules in as clear and concise language as practicable, including posting of all proposed administrative rules changes on the Internet website of the Office of the Lieutenant Governor;
- The right to timely notice of an agency's rule making proceedings when requested. The notice shall be mailed to all persons who have made a written request for such a notice;
- The right to be treated equally and fairly, with reasonable access to State services;
- The right to expect government's efforts toward implementing a one-stop permitting process that includes a centralized internet website. The site shall have quick and responsible timeframes to process state and county permits, licenses, registrations, and approvals, when appropriate, to simplify and reduce the filing of forms affecting business;
- The right to timely response to an application for a permit, license, registration, or approval necessary to operate the small business, within the established maximum period of time for the agency in accordance with Hawaii Revised Statutes (HRS) Section 91-13.5;
- The right to be informed of the reasons for a denial of an application for a permit, license, or approval, including renewals of the same, with such reasons clearly stated and pursuant to the law;
- Whenever a contested case hearing is provided by law in the event a regulatory agency takes an adverse action against a business, the right to expect:
- A timely hearing;
- An impartial official conduction of the hearing;
- The ability to present both oral and written evidence and an explanation of any alleged violation, deficiency, or wrongdoing;
- Having that evidence fully considered by the hearing official;
- Judicial review pursuant to HRS Section 91-14 in the event of an unfavorable decision;
- The right to privacy protections regarding confidential and proprietary business information when competing for state procurement funds;
- The right to all of the protections afforded in the Hawaii Taxpayer Bill of Rights;
- The right to submit complaints regarding agencies' administrative acts with the Office of the Ombudsman, in accordance with HRS Chapter 96;
- The right to request information and an opinion from the Office of Information Practices under HRS Chapters 92 and 92F to access to information from public meetings or the release of government documents;
- The right to provide information to the Division of Consumer Advocacy in the Department of Commerce and Consumer Affairs under HRS Chapter 269 regarding issues under the purview of the Public Utilities Commission;
- The right to request information from the Office of Consumer Protection under HRS Chapter 487 regarding business and consumer issues;
- The right to access the Small Business Advocate in the Department of Business, Economic Development and Tourism regarding disputes with agencies to make sure government resources are coordinated on behalf of small business and the rights of businesses are being upheld;
- The right to request a review of administrative rules pursuant to the Small Business Regulatory Flexibility Act by filing a request with the Small Business Regulatory Review Board in accordance with HRS Section 201M-6;
- The right to expect agencies to work together to help small business by providing education, training and support needed to start and run a business;
- The right to expect agencies to have fair dealings with small business with no requirement for gratuity, gifts or other unusual financial compensation from the business in order to have access to all the rights outlined in this document;
- The right to enjoy a favorable business culture that encourages and supports small business, including a favorable tax climate, non-punitive user fees or charges, competitive rates for worker's compensation insurance, affordable health insurance for small businesses and their employees, and reasonable access to the same incentives and services available to large businesses.
Last modified
12-20-2007 08:33 AM