Right. A standard copy cannot be produced as a computer printout, but must be produced by photography, dry copy reproduction, or typing.
Only the abbreviated copy/contents of the certificate (an abstract) can be produced by a computer printout.
When a person requests a standard copy they SHALL be given one. When they request all or a portion of the CONTENT of the certificate (an abstract) they SHALL be given that.
The statute gives the director authority to determine the method of reproduction for “copies”, but the Administrative Rules already state how STANDARD copies will be made while allowing the Director to decide other ways of making abstracts. The Director can lawfully change the method for producing standard birth certificates BUT ONLY BY AMENDING THE ADMINISTRATIVE RULES, which requires public notification, public hearings, and formal approval. That has not happened since 1976. Anything specifically stated in the Administrative Rules in 1976 is thus still in effect, and the Director cannot change that without going through the formal amendment process.
Fuddy is in violation of the law by not providing standard copies upon request, as required by 338-13(a). She has not followed any of the required procedures to change the method of production for standard copies.
“When a person requests a standard copy they SHALL be given one. When they request all or a portion of the CONTENT of the certificate (an abstract) they SHALL be given that.”
§338-13 Certified copies. (a) ...the department of health shall, upon request, furnish to any applicant a certified copy of any certificate, or the contents of any certificate, or any part thereof.
IIRC, what you said was the heart of Duncan Sunahara’s lawsuit against the DOH and the Hawaii court ruled against him saying that the DOH decides which one a person gets.
He is appealing that ruling. I Don’t know the status of the appeal.
Here is Sunahara’s appeal brief:
http://www.scribd.com/doc/110606460/HI-APPEAL-Sunahara-v-HIDOH-et-al-Appellants-Opening-Brief
And the response:
http://www.scribd.com/doc/110606437/HI-APPEAL-Sunahara-v-HIDOH-et-al-State-Appellees-Answering-Brief