Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: sometime lurker

HRS 338-18a only says they can’t disclose anything from a BC that is not ALREADY AUTHORIZED by statute or by the DOH rules. So to find out what they can release, you have to look at the DOH administrative rules, which Fukino illegally hid until November of 2009. Those rules list the 4 types of certificates available and who is eligible to receive them: certified long-form, certified abbreviated (COLB), non-certified long-form, and non-certified COLB. The non-certified abbreviated BC (COLB) is authorized to be released to anybody who asks for it.

You can see that on page 20 at http://gen.doh.hawaii.gov/sites/har/AdmRules1/8%208A%20B%20VR%20Admin%20Rules.pdf , where it talks about eligibility to receive an abbreviated copy. A non-certified copy is available to anybody. The reason the certified copy isn’t available to everybody is obvious: because it could be used for identity fraud. They don’t really care who knows the INFORMATION on the COLB - just who has the copy which could be used for identity theft.

That flies in the face of everything Fukino has been claiming.

When I have asked for non-certified abbreviated copies of any certificates (birth, death, marriage) the HDOH has tried to say that HRS 338-18 says they can’t give me that bercause I’m not eligible, but the only prohibitions in HRS 338-18 are for CERTIFIED copies. The rules expressly allow non-certified abbreviated copies to be given to anybody.

Of course, nobody knew that until November of 2009 because Fukino illegally hid the rules. This whole issue has only broken open since somebody (Lt Gov Aiona?) - after months of pressure from some of us - forced the HDOH to obey the law and post their administrative rules. If Fukino had obeyed the law and had the rules posted during the campaign, this whole mess could never have happened. It was Fukino’s breaking of the law which enabled all of this.


90 posted on 05/08/2010 8:36:24 AM PDT by butterdezillion
[ Post Reply | Private Reply | To 86 | View Replies ]


To: butterdezillion
A non-certified copy is available to anybody.

What information would be on a non-certified copy? Would it just be a list of the same information as on a certified copy?

92 posted on 05/08/2010 8:44:17 AM PDT by azishot (J.D. Hayworth...U.S. Senator FOR Arizona...http://www.jdforsenate.com/)
[ Post Reply | Private Reply | To 90 | View Replies ]

To: butterdezillion
I only have limited time again today, but I've looked at the administrative rules you kindly linked for me. Page 20 of the PDF, Section 2.5 B (2) says
“a non-certified copy containing only such information as is listed in accordance with Section 2.2 may be issued to any person or organization requesting it.”
which sounds very promising for getting more information. The catch appears to be section 2.2’s limitations and director discretion:
”The Director of Health shall make available for public information current lists of vital statistics events… Only such identifying information for each event shall be included as the Director of Health considers appropriate.”
This appears to mean that the non-certified copy available to anyone only contains the data that the director decides should be publicly available. I’ve already seen the DOH site posting what the director says is the allowable public information, which appears to be the “index” information.

There could be a strong case if it were shown that a response to this request for a birth certificate holder other than 0bama resulted in non-certified copy with everything that was present on the certified copy, or if not the full copy, more information. Absent this, the qualifications listed section 2.2 appear to allow the DOH wide latitude in determining what is available on the non-certified “copy.”

189 posted on 05/09/2010 8:28:41 AM PDT by sometime lurker
[ Post Reply | Private Reply | To 90 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson