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Bill

SCR 122

REQUESTING EACH STATE AGENCY TO PROVIDE THE AFFECTED PERSON WITH WRITTEN NOTICE OF CERTAIN INFORMATION BEFORE TAKING ANY FINAL ADMINISTRATIVE ACTION THAT MATERIALLY AND ADVERSELY AFFECTS A PROTECTED LIBERTY OR PROPERTY INTEREST.

2026 Regular Session Introduced by Angus McKelvey and 2 co-sponsors

Hawaii agencies must provide written notice to individuals before administrative actions harm their legal rights or property, requiring procedural transparency in agency decision-making.

Offered.
#dueprocess #fiscalaccountability #publicproceedings #reports #stateagencies
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Bill Summary · SCR 122

Legislative bill overview

SCR 122 is a concurrent resolution requesting that all Hawaii state agencies provide affected individuals with written notice containing specific information before taking final administrative action that materially harms their legal rights or property interests. The bill establishes procedural notice requirements intended to ensure transparency and fairness in agency decision-making that impacts citizens.

Why is this important

Administrative agencies make thousands of decisions affecting citizens' employment, licensing, benefits, and property rights. Without adequate notice requirements, individuals may not understand the basis for adverse decisions or have meaningful opportunity to respond, potentially violating due process principles and creating barriers to appealing wrongful agency actions.

Potential points of contention

  • Scope and implementation burden: The bill's broad language ("any final administrative action that materially and adversely affects") could require notice in numerous routine decisions, potentially overwhelming agencies with administrative costs and procedural delays
  • Specificity of notice requirements: The bill requests notice of "certain information" but the resolution doesn't explicitly detail what information must be included, creating ambiguity about compliance standards and potential disputes over adequacy
  • Enforcement mechanism: As a concurrent resolution (not law), the bill is non-binding and relies on voluntary agency compliance; lacks teeth to ensure actual implementation or establish consequences for non-compliance

Compiled from official sources — confirm details with the bill’s official record.

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