(a) The program participant shall be responsible for requesting that an agency use the participant’s substitute address for all purposes for which the agency requires or requests a residential, work, or school address.
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Terms Used In Hawaii Revised Statutes 801G-9

  • Actual address: means a residential, work, or school address as specified on an applicant's application and includes the applicant's county of residence and voting precinct. See Hawaii Revised Statutes 801G-1
  • Agency: means an agency or instrumentality of the State or any of its political subdivisions. See Hawaii Revised Statutes 801G-1
  • Department: means the department of law enforcement. See Hawaii Revised Statutes 801G-1
  • participant: means an individual accepted into the address confidentiality program, and includes a primary participant and a secondary participant. See Hawaii Revised Statutes 801G-1
  • program: means the program established by section 801G-2. See Hawaii Revised Statutes 801G-1
  • Program director: means the director of the address confidentiality program. See Hawaii Revised Statutes 801G-1
  • Public record: means all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, digital data, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by a state or local government agency. See Hawaii Revised Statutes 801G-1
  • Substitute address: means an address that is used instead of an actual address and assigned to a participant under the address confidentiality program. See Hawaii Revised Statutes 801G-1
(b) When a program participant submits a current and valid address confidentiality program authorization card to an agency, the agency shall accept the substitute address on the card as the program participant’s actual address to be used when creating a new public record; provided that:

(1) The agency shall adopt procedures to prevent any disclosure of the program participant’s mailing address, actual address, and telephone numbers that may be on file with the agency;
(2) Election officials shall use a program participant’s actual address for purposes of determining residency pursuant to § 11-13; provided that the substitute address shall be used for all other purposes and the program participant’s name, mailing address, actual address, or telephone number shall not be published in any list or register;
(3) The department of education shall use a program participant’s actual address for school admission or assignment and the substitute address for student records;
(4) For tax purposes, the substitute address shall be used solely as a mailing address or for purposes of public records and the department of taxation may require the program participant to provide an actual address if the address is necessary for the assessment of any taxes; provided that the substitute address shall be used as a mailing address and the actual address shall remain confidential;
(5) Law enforcement may require the program participant to provide an actual address for a legitimate law enforcement purpose; provided that the actual address shall remain confidential and used solely for the legitimate law enforcement purpose; and
(6) The department of human services may require the program participant to provide an actual address if the actual address is necessary for the department of human services to perform its functions; provided that the substitute address shall be used as a mailing address and the actual address shall remain confidential.
(c) An agency may submit a request for a waiver from the program by submitting a waiver request to the program director who shall notify the agency of the waiver acceptance or denial and provide the agency with the reasons for acceptance or denial of the request. The waiver request shall be in writing, be in a form designated by the program director, and include:

(1) A statement of how participation in the program restricts the agency’s ability to satisfy the agency’s obligations;
(2) A statement that upon acceptance of the waiver, the agency shall only use the participant’s actual address for the purposes stated in the waiver request; and
(3) A copy of the agency’s policies and procedures regarding the use and confidentiality of an actual address.
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