HRS § 231-1.6 — Personnel security program; criminal history record checks.]


HRS
[§231-1.6 Personnel security program; criminal
history record checks.] (a) The department shall establish a personnel
security program that ensures a background investigation is completed at the
appropriate level designated by the federal government for any person,
including any authorized contractor, to have access to federal tax
information. This program shall include criminal history record checks in
accordance with section 846-2.7. Information obtained pursuant to this
subsection shall be used exclusively by the department for the purpose of
determining whether the person is suitable for accessing federal tax
information in accordance with applicable federal laws.
(b) The department may terminate or deny
employment to any employee or applicant, or terminate or refuse to secure the
services of any contractor, if the department finds by reason of the background
investigation conducted under subsection (a) that the employee or applicant, or
employee or agent of the contractor, poses a risk to the security of federal
tax information. Termination or denial of employment, or termination or
refusal to secure the services of any contractor, under this subsection shall only
occur after appropriate notification to the employee, applicant, or employee or
agent of the contractor, of the findings of the background investigation, and
after the employee, applicant, or employee or agent of the contractor is given
an opportunity to meet and rebut the findings. Nothing in this subsection
shall abrogate any applicable appeal rights under chapters 76 and 89, or
administrative rules of the department.
(c) The department shall be exempt from
section 831-3.1 and need not conduct investigations, notifications, or hearings
under this section in accordance with chapter 91.