Hawaii Revised Statutes 281-105 – Determination whether acts were in scope of duty
Terms Used In Hawaii Revised Statutes 281-105
- Commission: means the liquor commission for the county within which such commission has jurisdiction under this chapter. See Hawaii Revised Statutes 281-1
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- County: means the county in respect of which each commission has jurisdiction under this chapter; provided that in the county of Kalawao liquor may be sold only by such persons and only under such conditions as may be permitted or prescribed from time to time by the department of health. See Hawaii Revised Statutes 281-1
- Investigator: means any investigator of the commission in each case for the county wherein the commission has jurisdiction. See Hawaii Revised Statutes 281-1
The determination of whether the acts of an investigator or other employee of the liquor commission, when the investigator or other employee is being prosecuted or sued, were done in the performance of the investigator’s or other employee’s duty, so as to entitle the investigator or other employee to be represented by the county attorney or corporation counsel of the county or city and county of the commission in question, or by an attorney employed and paid by the commission shall be made by the commission of the county after consultation with the county attorney or corporation counsel who may make a recommendation to the commission in respect thereof if the county attorney or corporation counsel so desires, and such determination shall be conclusive for such purpose only.