Section 14-3.01-17 - Protection of confidentiality of materials(a) In those circumstances in which examination materials are secured from other government jurisdictions or from private firms, or where because of continuing use of the examination materials prepared by the department of human resources development, exposure would jeopardize the confidentiality of the examination questions, review of these test materials shall not be permitted.(b) Technical material and all examination booklets used in the preparation and ratings of examinations given jointly by the department and any other organization, and examinations prepared specifically for any organization shall remain the property of the department of human resources development and in the custody of the department of human resources development when not needed for test administration or appeal purposes by the organization.(c) All examination material relating to a particular applicant or applicants including but not limited to reports of character and material regarding personal suitability of the applicant shall be considered confidential information.(d) An appointing authority or its authorized representative may inspect the examination papers of eligibles whose names have been certified to them for appointment. However, to preserve the confidential character and sources of information furnished and to protect individuals against dissemination of unfounded or unproved allegations, reports of character, personal suitability of applicants and other confidential information shall be held in strict confidence and will not be made available for review by the appointing authorities unless specifically authorized by the director. An appointing authority and its representatives shall not disclose the examination materials or their contents to any person except where privileged at law or where ordered by a court of competent jurisdiction. Except as provided herein and except where privileged at law or where ordered by a court of competent jurisdiction, an appointing authority and its representatives, all employees, members and representatives of any agency, members and representatives of any advisory board or commission and members of the public are forbidden to disclose, whether intentionally or negligently, any examination materials pertaining to a particular applicant or applicants. Any disclosure shall be grounds for disciplinary action including dismissal or other appropriate action including recourse to all appropriate legal remedies against the informant personally.Haw. Code R. § 14-3.01-17
[Eff 6/11/92; am and comp 4/1/02; comp DEC 01 2003] (Auth: HRS §§ 26-5, 76-17, SLH 1980, Act 226) (Imp: HRS §§ 26-5, 76-13, 76-17, SLH 1980, Act 226)