sunahara v hi doh, et al (hi cir ct) - motion to dismiss

8/3/2019 SUNAHARA v HI DOH, et al (HI CIR CT) - Motion to Dismiss

1/28

(

DAVID M. LOUIE 2162

((

Attorney General of Hawaii 2 0 1 2 , . l i ~ 1 l 2 1 ~ P l '1 I : 5 4HEIDIM. RIAN 3473JILL T. NAGAMINE 3513REBECCA E. QUINN 8663Deputy Attorneys General465 South King Street, Room 200Honolulu, Hawaii 96813Telephone: (808) 587-3050Facsimile: (808) 587-3077. Attorneys for Department of HealthState of Hawaii

H .C H I H G _ _--CLERK

IN THE CIRCUIT COURT OF THE FIRST CIRCUITSTATE OF HAWAI' I

DUNCAN SUNAHARA, ))

Plaintiff, ))

vs. ))

DEPARTMENT OF HEALTH, STATE )OF HAWAIl; LORETTA FUDDY, IN )HER OFFICIAL CAPACITY AS )DIRECTOR OF THE DEPARTMENT )OF HEALTH, STATEOFHAWAIl; )JOHN DOES 1-10; JANE DOES 1-10; )DOE CORPORATIONS 1-10; DOE )PARTNERSHIPS 1-10; AND DOE )GOVERNMENTAL ENTITIES 1-10, )

)Defendants. )

)

CNIL NO. 12-1-0006-01 RAN(DECLARATORY JUDGMENT)

MOTION TO DISMISS COMPLAINT,FILED ON JANUARY 3, 2012;MEMORANDUM IN SUPPORT OFMOTION; DECLARATION OF JILL T.NAGAMINE; EXHIBIT "A"; NOTICE OFMOTION; CERTIFICATE OF SERVICEHEARINGDATE: t ' Y J c ( . f ( . . . . h < ! 6 . . J ~o L '1TIME: q; ,?O a.rn.JUDGE: Hon. Rhonda A. Nishimura

MOTION TO DISMISS COMPLAINT, FILED ON JANUARY 3,2012Department of Health, State of Hawaii and Loretta Fuddy, in her official capacity as

Director of the Department of Health, State ofHawai'i ("Defendants") by and through their447079_!.DOC


2/28

('

attorneys, David M. Louie, Attorney General, and Heidi M. Rian, Jill T. Nagamine, and RebeccaE. Quinn, Deputy Attorneys General, hereby move this Court for an order dismissing PlaintiffsComplaint, filed on January 3,2012 ("complaint"). Defendants request dismissal of Plaintiffscomplaint for Plaintiff's failure to state a claim upon which relief can be granted.

This motion is brought pursuant to Rule 7 of the Rules of the Circuit Courts of the State- of Hawaii, and Rule 12 (b)(6) of the Hawaii Rules of Civil Procedure and it is based on thememorandum in support of motion and the records and files herein.

Dated: Honolulu, Hawaii, January 24, 2012.DAVID M. LOUIEAttorney GeneralState of Hawaii

J LT. NAGAMREBECCA E. QUINNDeputy Attorneys GeneralAttorneys for Defendants

447079_I.DOC 2


3/28

( (DAVIDM. LOUIE 2162Attorney General of HawaiiHEIDI M. RIAN 3473JILL T. NAGAMINE 3513REBECCA E. QUINN 8663Deputy Attorneys General465 South King Street, Room 200Honolulu, Hawaii 96813Telephone: (808) 587-3050Facsimile: (808) 587-3077Attorneys for Defendants

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT

STATE OF HAWAI'IDUNCAN SUNAHARA, )

)Plaintiff, )

)vs. )

)DEPARTMENT OF HEALTH, STATE )OF HAWAII; LORETTA FUDDY, IN )HER OFFICIAL CAPACITY AS )DIRECTOR OF THE DEPARTMENT )OF HEALTH, STATE OF HAWAII; )JOHN DOES 1-10; JANE DOES 1-10; )DOE CORPORATIONS 1-10; DOE )PARTNERSHlPS 1-10; AND DOE )GOVERNMENTAL ENTITIES 1-10, )

)Defendants. )

------------------------)

CIVIL NO. 12-1-0006-01 RAN(DECLARATORY JUDGMENT)

MEMORANDUM IN SUPPORT OFMOTION TO DISMISS

MEMORANDUM IN SUPPORT OF MOTION TO DISMISSI. INTRODUCTION

On January 3,2012, Plaintiff filed his Complaint ("complaint") against the Department ofHealth, State of Hawaii ("department") and Loretta Fuddy, in her official capacity as Director of447828_l.DOC


4/28

( (

the Department of Health, State of Hawaii ("Director" and together with the "department","Defendants"). The Complaint states that on or about November -22,2011, Plaintiff, DuncanSunahara, ("Plaintiff') requested from Defendants an estimate of the cost and expense to obtain acertified copy of the original Certificate of Live Birth ("birth certificate") of his sister, VirginiaSunahara, who was born on August 4, 1961 and died on August 5, 1961, pursuant to section 338-13(a), Hawaii Revised Statutes ("HRS"). Plaintiff states that Defendants have not responded tohis request. However, Defendants did respond to Plaintiffs initial request on November 1, 2011,when they informed Plaintiff that he was only entitled to receive a computer-generated abstractof the birth certificate pursuant to Defendants' policy and the Director's authority under section338-13(c).1 See Plaintiffs complaint p. 3, paragraph 8. Nevertheless, he claims that he isentitled to obtain a certified copy of the original birth certificate pursuant to sections 338-13(a)and 338-18, HRS and the Uniform Information Practices Act ("UIPA"), HRS, Chapter 92F.Plaintiff also alleges that Defendants' policy of providing computer-generated abstracts whenfulfilling valid requests for vital records violates the rulemaking requirements of the HawaiiAdministrative Procedures Act ("HAP A"). Finally, Plaintiff requests that the Court grant himand/or his representative permission to be present at the copying, duplication or reproduction ofthe birth certificate.

Defendants request that this Honorable Court dismiss Plaintiff s complaint. This requestis made on the basis that the Plaintiffs complaint fails to state a claim upon which relief can begranted. Plaintiff has been provided with a computer-generated abstract of the birth certificatehe seeks. There is no provision in either section 338-13 or 338-18, HRS or Chapter 92F, HRSthat entitles Plaintiff to obtain a certified copy of Virginia Sunahara's original birth certificate or

1 Pursuant to section 92F-ll(b), Defendants were not required to respond to Plaintiffs duplicative request.447828_l.DOC 2


5/28

( (

to have access to that original. In addition, the Director's authority to provide computer-generated abstracts when fulfilling valid requests for vital records is contained in sections 338-13(a) and (c), HRS, and Defendants did not violate the rulemaking requirements of HAP A whenthat authority was established. Finally, allowing Plaintiff and/or his representative to obtain therequested relief and be present at the copying, duplication, or reproduction of the requestedrecords would frustrate a legitimate government function.II. STANDARD OF REVIEW

Motions Pursuant to HRCP Rule 12HRCP, Rule 12(b) provides that in lieu of an answer, certain defenses may at the option

of the pleader be .made by motion. Included in the defenses that may be raised in such a motionis the following defense presently raised by Defendant:

(6) failure to state a claim upon which relief can be granted, ...When considering a motion to dismiss for failure to state a claim, it is well settled that:A complaint should not be dismissed for failure to state a claim unless it appears beyondreasonable doubt that the plaintiff can prove no set of facts in support of his or her claimthat would entitle him or her to relief. Ravelo v. County of Hawaii. 66 Haw. 194, 198,658 P.2d 883,886 (1983) ... [citations omitted] We must therefore view a plaintiffscomplaint in a light most favorable to him or her in order to determine whether theallegations contained therein could warrant relief under any alternative theory. Ravelo, 66Haw. at 199,658 P.2d at 886.

Keauhou Master Homeowners Association, Inc. v. County of Hawaii. 104 Hawai'i 214, 218,87P.3d 883, 887 (2004). Thus, when considering a motion to dismiss a complaint for failure tostate a claim for relief, the Court's consideration is strictly limited to the allegations of thecomplaint, which must be accepted as true. Id. In addition, the Court must construe theallegations of the Complaint in the light most favorable to the Plaintiff. Wright v. Home DepotU.S.A., Inc., 111 Hawai'i 401, 406, 142 P.3d 265, 270 (2006). "However, the court will not447828_l.DOC 3


6/28

(

accept conc1usory allegations on the legal effect of the events plaintiff has set out if theseallegations do not reasonably follow from his description of what happened." Moore v. AllstateInsurance Co., 6 Haw.App. 646,650 (1987).III. ARGUMENT

A. Plaintiffs request pursuant to section 338-18 has been fulfilled.

Prior to his November 22,2011 request for a certified copy of Virginia Sunahara'soriginal birth certificate, Plaintiff was provided with a certified computer-generated abstract ofher birth certificate. Pursuant to section 338-13(b), HRS, computer-generated abstracts, whencertified by the department, are considered for all purposes the same as the original. Plaintiff isonly entitled to obtain the computer-generated abstract and there is no provision in either section338-13 or 338-18, HRS that states that Plaintiff is entitled to obtain a certified copy of VirginiaSunahara's original birth certificate which is more than fifty years old, much less be presentwhen such copying takes place.

Section 338-13 establishes the Director's authority to choose the process by which copiesof vital records are made.

(a) Subject to the requirements of sections 338-16, 338-17, and 338-18, the departmentof health shall, upon request, furnish to any applicant a certified copy of any certificate,or the contents of any certificate, or any part thereof.(b) Copies of the contents of any certificate on file in the department, certified by thedepartment shall be considered for all purposes the same as the original, subject to therequirements of sections 338-16, 338-17, and 338-18.(c) Copies may be made by photography, dry copy reproduction, typing, computerprintout or other process approved by the director of health.

Section 338-13, HRS (emphasis added).The policy of printing and certifying abbreviated forms of certificates is clearly within

the authority of the Director of Health. The Director has the authority to select and adopt the

447828_I.DOC 4


7/28

( (

process of providing computer-generated abstracts of vital records in response to valid requests.Contrary to Plaintiffs claim that Defendants have no authority to provide computer

generated abstracts of birth records, Public Health Regulations Chapter 8B, Regulation 2.4 B.(2)provides that "Abbreviated copies may be prepared by typing, by computer printout, or by anyother process approved by the Director." See Chapter 8B, Vital Statistics Registration andRecords, ofthe State Public Health Regulations attached as Exhibit "A" to Declaration of Jill T.Nagamine ("Nagamine Decl"). Also contrary to Plaintiffs claim, "Chapter 8B, Vital StatisticsRegistration and Records, of the State Public Health Regulations" was adopted on February 23,1976, following a public hearing held on January 22, 1976, after public notices were published inthe Honolulu Advertiser on December 29, 1975; The Hawaii Tribune-Herald on December 29,1975; the Garden Island on December 29, 1975; and the Maui News on December 26, 1975."Quote taken from the certification page of Chapter 8B, Public Health Regulations. Exhibit "A",p. 13 attached to Nagamine Decl.

Plaintiff's request for a certified copy of his sister's birth certificate has been fulfilled inaccordance with established law, and his claim that he is entitled to a certified copy of theoriginal fifty year old birth certificate is unsupported.

B. No provision contained in Chapter 92F, HRS entitles Plaintiff to obtain a certifiedcopy of the original birth certificate or allows him to be present when the copyingtakes place.

Plaintiff also contends that he is entitled to the disclosure of a certified copy of theoriginal fifty year old birth certificate based on a provision of the DIPA which requiresdisclosure of "[g]overnment records which, pursuant to federal law or a statute of this State, areexpressly authorized to be disclosed to the person requesting access[.]" HRS, 92F-12(b)(2).Plaintiff then argues that section 338-18, HRS is the statute that expressly authorizes that the447828_l.DOC 5


8/28

( (

record be disclosed, which takes us back to Defendants' previous argument.Pursuant to HRS 338-18(b), there are thirteen enumerated categories of persons who

have a direct and tangible interest in accessing public health statistics records. This sectionprovides:

(b) The department shall not permit inspection of public health statistics records,or issue a certified copy of any such record or part thereof, unless it is satisfied thatthe applicant has a direct and tangible interest in the record. The following persons shallbe considered to have a direct and tangible interest in a public health statisticsrecord:

(1) The registrant;(2) The spouse of the registrant;(3) A parent of the registrant;(4) A descendant of the registrant;(5) A person having a common ancestor with the registrant;(6) A legal guardian of the registrant;(7) A person or agency acting on behalf of the registrant;(8) A personal representative of the registrant's estate;(9) A person whose right to inspect or obtain a certified copy of the record isestablished by an order of a court of competent jurisdiction;(10) Adoptive parents who have filed a petition for adoption and who need todetermine the death of one or more of the prospective adopted child's natural orlegal parents;(11) A person who needs to determine the marital status ofa former spouse inorder to determine the payment of alimony;(12) A person who needs to determine the death of a nonrelated co-owner ofproperty purchased under a joint tenancy agreement; and(13) A person who needs a death certificate for the determination of paymentsunder a credit insurance policy.

HRS 338-18(b) (emphasis added).Admittedly, Plaintiff, as the brother of Virginia Sunahara, does have a direct and tangible

interest in her birth record under section 338-18(b )(5). This is why Defendants issued him acertified copy of her birth certificate. Section 338-18(b) allows Defendants to disclose publichealth statistics records only to those applicants who have a direct and tangible interest in therecords. Section 338-13(c) establishes the Director's authority to choose the process by which447828_l.DOC 6


9/28

(I (

copies of vital records are made. Defendants choose to issue certified copies and the Directorclearly has the authority to dictate the process by which copies are made. As stated above,section 338-18(b), HRS does not require that an individual who has a direct and tangible interestin a certain vital record be provided with a certified copy of the original vital record. Plaintiff srequest pursuant to section 338-18(b) has been lawfully complied with and Defendants are notrequired to provide Plaintiffwith a certified copy of the original birth certificate or allowPlaintiff andlor his representative to witness the copying of the original fifty year old birthrecord.

Plaintiff also claims that 92F-11, HRS requires Defendants to make the original fiftyyear old birth certificate available for inspection and copying, and he requests that the Courtgrant him andlor his representative permission to be present when the requested records arecopied. Plaintiff is wrong. It is true that section 92F-l1, HRS establishes the general rule thatDIP A favors affirmative agency-disclosure responsibilities, but it also establishes clearexceptions, including: unless access is restricted or closed by law or except as provided insection 92F-13. Section 92F-13(3) specifically excludes from disclosure those governmentrecords which, by their nature, must be confidential in order for the government to avoid thefrustration of a legitimate government function.

Defendants are mandated by law to establish a central bureau of public health statisticswith suitable offices properly equipped for the safety and preservation of all its official records(Section 338-2(1), HRS) and to install a statewide system of public health statistics (Section 338-2(2), HRS). "Public health statistics" includes the registration, preparation, transcription,collection, compilation, and preservation of data pertaining to births, adoptions, legitimations,deaths, fetal deaths, morbidity, marital status, and data incidental thereto. (Section 338-1, HRS).447828 _1.DOC 7


10/28

('Granting Plaintiffs request for a certified copy of the original fifty year old birth certificate andallowing Plaintiff andlor his representatives to personally inspect and be present for copying theoriginal birth certificate would frustrate this governmental function because it wouldcompromise the safety and security of vital records that are stored in an area that is onlyaccessible to Defendants employees. Public Health Regulations Chapter 8B, Regulation 2.1 B.Exhibit "A", p. 1 attached to Nagamine Decl. Allowing an unauthorized individual orindividuals into a vault where old vital records are stored would establish a precedent that wouldfrustrate Defendants' official government function of preserving public health statistics records.

Additionally it would compromise Defendants' ability to maintain the confidentiality of othervital record information stored with the birth certificate and would be an inefficient means ofretrieving data that has been made available electronically.

Additionally, because Plaintiff has already received a birth certificate for his sister, healready has prima facie evidence of the facts stated therein pursuant to section 338-12, HRS.Furthermore, section 92F-21 allows access to personal records to only those individuals to whomthey pertain and neither Plaintiff nor his representatives meet that requirement. Based on theabove, DIPA does not require Defendants to disclose the certified copy of the original fifty yearold birth certificate requested by Plaintiff and it does not require Defendants to allow Plaintiff orhis representative access to the actual original fifty year old record of Virginia Sunahara's birth.

C. Defendants did not violate 91-1 to 91-4 of the Hawaii AdministrativeProcedures Act (HAPA).

Plaintiff alleges that Defendants' policy of providing computer-generated abstracts whenfulfilling valid requests for vital records violates the rulemaking requirements of the HAP A.However, as stated above, Defendants do have administrative rules. Chapter 8B, Vital StatisticsRegistration and Records, of the State Public Health Regulations (attached as Exhibit "A" to447828_I.DOC 8


11/28

r ('

Nagamine Decl.) was adopted on February 23, 1976, following a public hearing held on January22, 1976, after public notices were published in the Honolulu Advertiser on December 29, 1975;The Hawaii Tribune-Herald on December 29, 1975; the Garden Island on December 29, 1975;and the Maui News on December 26, 1975. Within those regulations is the authority for theDirector to approve any process for preparing certified copies of vital records. Section 2.4.B. (2)provides:

(2) Abbreviated Copy(a) Method of preparation. Abbreviated copies may be prepared by typing, by

computer printout, or by any other process approved by the Director.

Defendants have rules that were subject to public hearing, and Defendants' rules andpolicies are consistent with section 338-13, HRS, pertaining to the process for preparing certifiedcopies of vital records. Therefore, Plaintiff s argument is misplaced because Defendants havefollowed all rulemaking procedures proscribed in chapter 91.VI. CONCLUSION

Defendants, by and through their attorneys, respectfully request that this Honorable Courtdismiss Plaintiff s complaint because Plaintiff fails to state a claim upon which relief can begranted and he is not entitled to the reliefhe seeks.

DATED: Honolulu, Hawai'i, January 24,2012.

DAVID M. LOUIEAttorney GeneralState of Hawaii

~;j~~ - ! t r u A NJILL T. NAGAMINEREBECCA E. QUINNDeputy Attorneys General

447828_l.DOCAttorneys for Defendants

9


12/28

( (

IN THE CIRCUIT COURT OF THE FIRST CIRCUITSTATEOFHAWAfI

DUNCAN SUNAHARA, ))Plaintiff, ))

vs. ))

DEPARTMENT OF HEALTH, STATE)OF HAWAII; LORETTAFUDDY, IN )HER OFFICIAL CAPACITY AS )DIRECTOR OF THE DEPARTMENT )OF HEALTH, STATE OF HAWAll; )JOHN DOES 1-10; JANE DOES 1-10; )DOE CORPORATIONS 1-10; DOE )PARTNERSHIPS 1-10; AND DOE )GOVERNMENTAL ENTITIES 1-10, )

)Defendants. )

-------------------------)

CNIL NO. 12-1-0006-01 RAN(DECLARATORY JUDGMENT)

DECLARATION OF JILL T. NAGAMINE;EXHIBIT "A"

DECLARATION OF JILL T. NAGAMINEI, JILL T. NAGAMINE, do hereby declare as follows:1. I am an attorney licensed to practice law before all courts of the State of Hawaii.2. I am a Deputy Attorney General for the State of Hawaii, assigned to represent the

Director of the Department of Health in matters pertaining to vital records.3. I have personal knowledge of and am competent to make this declaration

concerning the matters set forth below.4. Attached as Exhibit "A" is a true and correct copy of Chapter 8B, Vital Statistics

Registration and Records, of the State Public Health Regulations with the last two pages markedas "12" and "13" for ease of reference.

447683_l.DOC


13/28

( ('

I declare under penalty of perjury that the above statements are true and correct to thebest of my knowledge and belief.

Executed in Honolulu, Hawaii on January ; 2 ' 1 ,2012.

447683_I.DOC 2


14/28

",

(

( (

PUBLIC HEALTH REGULATIONSDepartment of Health, State of Hawaii

Chapter 8BVITAL STATISTICS REGISTRATION AND RECORDS

1. AUTHORITY AND PURPOSE1.1 Authority

These regulations are adopted and promulgated under and by virtue of theprovisions of Section 338-2(3). Hawaii Revised Statutes,1.2 PurposeThe provisions of this subchapter are toestablish instructions and proceduresrelating to disclosure of vital records (Section 338-18. Hawaii Revised Statutes).correction and amendment of vital records. issuance of new birth certificatefollowinglegitimation (Section 33817.7 and 338-21. Hawaii Revised Statutes)and determination ofsurname after marriage (Section 574.1. Hawaii RevisedStatutes).

2. CERTIFIED COPIES AND DISCLOSURE OF RECORDS2.1 AccesstoVital Records

A. GeneralVital records authorized under Chapter 338. Hawaii Revised Statutes. arenot available for or open to public inspection. Access to the records. in-cluding copies or information from them. isnot permitted except as pro-vided by law or regulations the Department of Health may promulgate.

B. EmployeesThe state registrar. the associate state registrar. and employees of theResearch and Statistics Office shall have access to the vital records on filein that office in the conduct of their regularly assigned duties. Access tovital records in the custody of a local registrar in each registration districtshall be restricted to those persons whose normal duties require theiraccessto the records or to authorized representatives of the state or localHealth Department.C. IndividualsUpon written request and proper identification. the state registrar or localregistrar of a registration district (county) may permit an individual toexamine a certificate for the purpose of verifying an entry or correctingan error; provided that the individual is eligible to receive such informa-tion as described in Paragraphs 2.5 through 2.9 herein.

D. Researchers(I) Data from vital records. including copies of part or all of such records.may be released to government agencies. hospitals. foundations,schools. social agencies and other similar organizations or individualsfor statistical or research purposes. All such requests shall be inwritingand shall clearly identify the requesting agency or individual. statethe number of copies needed. explain the objective of the study andcontain a statement over the applicant's signature expressing famil-iarity with the confidentiality aspects of the records and his willingnessto abide by the restrictions.

(2) In no case shall the researcher either in the published results of hisstudy or in communication with others:(a) Identify any individual on a certificate by name or address;(b) Contact persons named on a certificate without permission fromthe Director of Health;

,;,1.;.;

1


15/28

( (

( (c) Deliver the information to other persons not connected with thestudy without express permission of the Director of Health: or(d) Use the information in any way so as to violate the privacy of anyindividual named on a certificate or cause embarrassment to himor his family.E. Genealogists and Title Searchers(1) An individual employed, endorsed or sponsored by a governmentalor private organization or agency may be permitted to inspect vitalrecords and transcribe information from them other than "confiden-tial information."

(2) The organization or agency must request written permission in ad-vance and must present a list of names of individuals whose recordsthey desire to inspect and the purpose of the examination.

(3) Such individual must show evidence of past experience of a nature toindicate that he would be able to perform the task with a minimumof help by the vital records staff.(4) The individual must sign a form agreeing to keep confidential all in-formation that he or she acquires while working in the vital recordssection and not discuss such cases with anyone not authorized to

receive the information.(5) The individual and/or organization must agree to:(a) Assist the Department in doing similar work for the same amountof time they devote to their own program; or(b) Pay the fee prescribed for searches as in section 2.10.

F. Government Agencies(l) Authorized agents of the Federal Government whose responsibilitiesrequire verification of information from vital records may be per-mitted to inspect the vital records and transcribe information otherthan "confidential information."(2) Such agents must request written permission in advance and mustpresent a list of names of individuals whose records they desire toinspect and the purpose of such examination.

G. LimitationsExcept as provided in section 2.1. all persons granted access to the vitalrecords shall be afforded access under the supervision of a person author-ized by the Director of Health.H. Penalties

Any person who violates this part shall be barred from obtaining furtherassistance from the vital records section and shall be liable to such otherlegal action as may be applicable.2.2 List of Events

The Director of Health shall make available for public Information 'currentlists of vital statistics events. including marriage license applications. byposting same in the State Health Department, Kinau Hale building, Hono-lulu. or the District Health Offices on Hawaii. Maui and Kauai or by provid-ing the same to the local newspapers on request. Only such identifyinginformation for each event shall be included as the Director of Health con-siders appropriate.A. No address snaIl be included in such lists unless approval is given by the

registrants in cases of marriage license applications and marriage certifi-cates and by one of the parents in the case of births.B. Any report or information which in the judgment of the Director ofHealth may harm the character or reputation of a person involved shallbe omitted from the lists.C. No illegitimate birth shall be included in any list prepared under thissection.

"

c.

2


16/28

( (

e

2,3 Application for Copies of Vital RecordsA. Applications for a copy of a vital record must be made in writing. The

applications shall contain the name, address and usual signature of theapplicants and must establish their right as provided herein to the infor-mation shown on the certificate. As deemed necessary, the Director mayrequire sufficient proof, including but not limited to sworn statementsfrom the applicants, to establish such right.B. An application must contain sufficient information about the person orevent m question to enable a reasonable search of the files to be made.Priority will be given to requests with names, dates and places of event.The state or local registrar may reject any application which is so vagueor incomplete that a reasonable search cannot be made.C. Telephone, telegraphic or verbal requests for certified copies of vitalrecords will not be permitted except when the requestor is known to astaff member of the office. Such requests must be confirmed in writing.

2.4 Issuance of Certified Copies of Vital RecordsA. Authority to Issue Cenified Copies

(1) Only the Director ofHealth shall issue certified copiesof a vital record.Copies may be issued only when the Director has the original certifi-cate in hiscustody. Local registrars of all other districts shall not issuecertified copies of a vital record. Such registrars may receive or retainduplicate 'copies for their administrative use but may not releaseinformation from them to the public or to any individual outsidetheir office except with permission of the Director of Health.(2) When the state registrar of vital statistics finds evidence that a certifi-cate was registered through misrepresentation or fraud, he shall haveauthority to withhold the issuance of a certified copy of such certifi-cate until incontrovertible proof is submitted or a court determlna-tion of the facts has been made and the certificate has been amended.

B. Standards for Copies of Vital Records'(1) Standard Copy(a) Method of preplrTation. Standard copies of vital records maybe prepared by photographic, dry copy reproduction process orby typing. If prepared by standard photographic process, thecopy must not be smaller than one-half the size of the original.If prepared by dry copy process, heavy grade safety paper orspecially treated paper must be used.(b) Form of certification. Standard certified copies shall containan appropriate certification statement over the signature of theregistrar having custody of the record and be impressed with theraised seal of the issuing office. The sigtlature may be photo-gra phed or entered bymechanical means. The paper shall displaythe official seal of the Department of Health or the seal ofthe State.

(c) Unauthorized reproduction. Other reasonable safeguards againstforgery, unauthorized reproduction or misuse as the DirectorofHealth may formulate from time to time shall be provided.(d) Confidential information. Information contained in the sec-

tion headed "Confidential Information for Medical and HealthUseOnly" or other similar designation shall not be included on astandard certified copy unless specifically requested by an indiovidual named on the certificate or by a court of competentjurisdiction.(2) Abbreviated Copy(a) Method of preparation. Abbreviated copies may be prepared bytyping, by computer printout. or by any other process approvedby the Director.

f\fit1I,If.E .I:rrII!II(Ii

3


17/28

( c :~ e

(b) Form oj certification. This will be the same as for a standardcertified copy.(c) Contents. Abbreviated copies will contain only such informationin addition to that listed in accordance with section 2.2 as theDirector considers appropriate.

(d) Limitation oj issuance. An abbreviated copy will not be pre- ;pared unless all the information called for on the form has been entered on the original vital record on file with the Department t,f-of Health. f(3) Unauthorized Certified Copies fExcept as authorized by these regulations and other applicable law. ..no person shall prepare or issue any record which purports to be an t.original or certified copy of a certificate of birth. death. fetal death '"-(stillbirth). marriage or divorce. The penalties for violation of this 1.section shall be as set forth in Section 33830 of the Hawaii Revised tStatutes.2.5 Eligibility for Copies of Birth CertificatesA. Standard CopyA certified copy of the original birth certificate on file with the Depart- , -ment of Health as described in paragraph ..~..:1!,__ut~~J~e issued to: i(1) The ~strant. his ~ ~ ~ ~ e a ~ ! : S .isr~~~~C?r_i_z~q.agen!.1or~?n order i.of a_~9.!l...!LOrompetent Junsdictio..ll. "Authorized Agent means: f,(a) Persons named' as Earents on the birth certificate: ,(b) A gy;u:dian. having ~a! custody or control of a minor child;l((c) An~y'. repr~..mtj__qg:__!~st!._3._I~L.9.L.hiLp~nts if theregistrant is a minor. for matters involving the regiStrant orhis parents;

r... (d) Any person or agency empowered by statute 'or appointed by :".( a COUrtto act in the registrant's behalf;X (e) A child welfare or similar social agency acting for the registrant .:'.toobtain some benefit or claim or to effect a change in civil status; ,

' : J I . . (I) A governmental agency acting on behalf of the registrant toprocess a financial claim. benefit. award or other compensationor to transact official business involving the registrant or hisaffairs;(g) Parents of rhe persons named as J!ID".sn!!. on the birth certificate;(h) A person who presents a letter from the person named on theoriginal birth record in which a specific request is made for acopy of such record;(2) The alleged father of a child born out of wedlock provided his nameappears on the certificate or he has filed a declaration of paternitywith the vital records .office, or has been named as the father of thechild in a declaration of paternity signed by the mother.(3) In all other cases where a person may wish to diPly for an officialbirth certificate copy on behalf of any of the in ividuals named onthe original birth record, provided that the copy is mailed directly to ,the person in whose behalf the application is made. ~

B. Abbreviated Copy f(1) A certified copy may be issued to any person authorized to receive a ~

standard certified copy.(2) A non-certified copy containing only such information as is listed ina.ccordance ~it~ Section 2.2 may be issued to any person or organiza-non requesting It.-2.6 Eligibility for Copies of Death CertificatesA. A certified copy of a standard death certificate may be issued to the -following: f

4


18/28

.'I

. .

~.

)J

( (

(1) The ~~~gspo~e or other Qlemb..~.~of the deceased person'sim~~~~~!e ~~ or a,n ~tomey.r. fy'~~rec:!?r. ~~_~~,:~~.~on~Wlg.. . ru.~~C?! ! h . e m

';I (2) Anygovernmental agency needing proof ofdeath for official purposes.(3) Any person upon an order of a court of competent jurisdiction.X B. A non-certified standard death certificate may be issued to:(1) A family member. relative or other person engaged in bona fide re-search for genealogical purposes.(2) A government or private agency or individual engaged in bona fideresearch for scientific purposes.(3) Any other applicant who can demonstrate to the satisfaction of thestate registrar a logical and reasonable need for information onthe certificate.

C. An abbreviated copy of a death certificate may be issued to any person ororganization requesting it.2.7 Eligibility for Copies of Fetal Death Certificates

A. A certified copy of a fetal death certificate may be issued to the parents ofa fetus or to any other person upon written authorization from a parent.B. Abbreviated copies of fetal death certificates or abortion report will not

be issued.2.8 Eligibility for Copies of Marriage Certificatesf. A. A standard certified copy of a marriage certificate may be issued to the

~Q.Q!D . their des!;en~!!.ts. Wior .Qrsubs~!Ut~.I}L~EO~~,utho~~tati.y'~ or by order. of a_.f..0~..l1f competent junsdiction uponwritten request.B. Certified copyof the marriage license application. premarital examinationor other documents submitted in order to obtain the marriage licensemaybe issued only to the bride. groom, their authorized representatives or byorder of a court of competent jurisdiction.C. An abbreviated certified copy of the marriage certificate will be mailedto an address furnished the Department of Health on the marriage licenseapplication. In addition. a non-certified copy may be issued to any indi-vidual or organization requesting it.

2.9 Eligibility for Copies of Divorce Certificatesi. A. A standard certified copy of the divorce certificate may be issued to theparties to the divorce or to their attorneys or on order from a court.

B. Abbreviated copies will not be issued.2.10 Fees

A. The fee for a certified or non-certified copy of a certificate or for a searchofthe files for a certificate when no certificate ison file shall be $2.00 foreach certificate 'or search.B. Searches of files and records not involving the issuance of copies shall beat $1.00 for each name andlor event.C. No feeshall be charged-for a certified copy or search requested by a gov-ernmental agency.D. A single certification of age shall be made free-of-charge for personsunder 18years of age for purposes of admission to school. employment.or participation in sports.

3. AMENDMENT OF VITAL RECORDS3.1 Amendments After Official Acceptance of CertificateNo amendments (i.e. changes. corrections. additions. deletions or substitu-tions) shall bem,4e on any birth. death. fetal-death. or marriage or divorcecertificate after ~~eassignment of a state file number unlesssuch amendmentsare fully documented according to law and regulations. All certificates onwhich judicial or major administrative changes are made 90 daysormore from

5


19/28

( (

(the date of the event shall be marked "altered" unless otherwise providedbylawor regulations. All certificates on which minor administrative changesare made six months or later following the date of the event shall be similarlymarked.3.2 Amendment of CertificateA. Except as provided by Section 338-15 or the regulations herein. an appli-cation to amend any item in a vital statistics certificate or to issue a newcertificate must be accompanied with an affidavit setting forth the fullname of the registrant. date. volume and number of the certificate, itemsin error, the amendments, and such p ! 0 1 as t~!~c;.~I..ma.::deemnecessary to support the amendme..2lls) an "topreserve the authenticityof the certificate.

/ B. Once an amendment of an item is made on a vital record. that item shallnot be amended again unless a court order is received from a court ofcompetent jurisdiction or if a person's name is to be amended. a changeof name decree is received.C. When the state registrar of vital statistics finds evidence that informationon a vital statistics certificate wasregistered through misrepresentation orfraud, he shall have authority to withhold the amendment of such infer-marion until incontrovertible proof issubmitted or a court determinationof the facts has been made.

3.3 Supplementary InformationSupplementary information omitted on original certificates may be insertedwithin thiny days.after the time prescribed for filing without marking thecertificate" altered, ..except tha t achild's given name ornames maybe insertedwithin ninety days after the time prescribed for filing without marking. Asdeemed necessary. the Director of Health may require sufficient proof toestablish the authenticity of supplementary information.

3.4 Classification of AmendmentsA. Judicial amendments. Changes in name. alterations. additions. deletionsor substitutions indata originally entered which are ordered by a court ofcompetent jurisdiction.B. Major administratiue amendments. Alterations. additions. deletions or

substitutions in data originally entered which materially affect the validityor integrity of a certificate or would substantially modify fundamentalrelationships contained therein.C. MinOT admmistratiue amendments. All other changes including but notlimited to typographical errors. spelling errors. transposed letters. andalterations. additions. deletions or substitutions in data originally enteredwhich would not materially affect the validity or integrity of a certificateor would not substantially modify any fundamental relationship on it.3.5 Amendments to Birth and Fetal Death Certificates

A. Judicial amendments include:(1) Supplementary birth certificates based on adoption. legitimation orpaternity determination.(2) Amendment of a birth certificate to showa change of name bychangeof name decree or court order.(3) Amendment of information registered through misrepresentation or

fraud,B. Major administrative amendments include:(1) Supplementary birth certificates or amendments based on adopt!on.legitimation. or paternity done in accordance with law or regulations

but not ordered by a court.(2) Any substantial alteration of the surname of the registrant not coveredby change of name decree or court order.(3) Change in sex of registrant based on surgical alteration. {

6


20/28

( (

(" e

(4) Registration ofgivenname{s)for the first time six years or more afterbirth.(5) Change in given name(s) of the registrant ninety days or more afterdate of birth.(6) Change of name of either parent except minor spelling errors.(7) Change in date or place of the birth.(8) Change in sex of child. type of birth and medical data relating todelivery and post natal period.(9) Change in date and place of birth. of either parent.

(10) Change in marital status of the mother.(11) Change in medical cause of death and related information on thefetal death certificate.

C. Minor administrative amendments include:(1) Minor errors of spelling, typographical errors or corrections oftransposed letters ..(2) Registration of given name(s) for the first time prior to age six.(3) Change in given name(s) prior to 90 days of age.

3.6 Amendments to Delayed Birth CertificatesChanges onadelayed birth certificate willnot be permitted except upon orderof a court of competent jurisdiction or when the registrant's name has beenchanged by court order or change of name decree subsequent to the filing ofthe certificate.

3.7 Amendments to Death CertificatesA. Judicial amendments include:(1) Amendment of a standard death certificate based on a declaration ofdeath by a court of competent jurisdiction.(2) Any revision or alteration o( the medical cause or the manner andcircumstances of death based. on court trial or a fonnal inquest.

(3) Amendment of information registered through misrepresentation orfraud.B. Major administrative amendments include:

(1) Name of the deceased.(2) Race and sex of the deceased.(3) Date and place of death.(4) Marital status andname of the spouse.(5) Age. date and place of birth of the deceased.(6) Citizenship status of the .deceased.(7) Medical cause of death.(8) Manner and circumstance of death.(9) Any entry in the certification statements of the physician. medicalexaminer or coroner's physician.

C. Minor administrative amendments include:AU other changes of data including all minor errors of spelling. typo-graphical errors and transposed letters.

3.8 Amendments to a Marriage CertificateA. Judicial amendments consist of:(1) Changes in the sumame(s) declared by the bride or groom fourweeks or more after marriage.

(2) Amendment of information entered through misrepresentation orfraud.

B. Major administrative amendments consist of:(1) Changes in the date. place of marriage. name of officiant. or otherparticulars entered. by the marriage officiant or marriage licenseagent.(2) Amendment of declared sumame(s) within four weeksof marriage.

C. Minor administrative amendments consist of:(1) Registration of declared sumame(s) with the Department within four

7


21/28

/I (''.

(

weeks of marriage.(2) Registration or amendment of declared sumame(s) by the Depart.

ment in accordance with these regulations to comply with Section5741, Hawaii Revised Statutes.(3) Other changes of data including allminor spelling errors. typograph-ical errors and transposed letters.

3.9 Method of Making Amendments to Vital RecordsA. When information originally entered on -a vital record is amended. asingleline shall be drawn through the incorrect entry and the correct datainserted. A notation shall be entered on the certificate showing whatinformation was amended and on what authority. the date of the actionand the initials of the reviewer. When the rules require it. the notation"altered" shall be written or stamped on the certificate.B. A new birth certificate prepared following adoption. legitimation orpaternity determination shall contain the same date and place of birth.

name of the attendant. birth number and filing date as on the originalcertificate. Nothing shall be entered on the face of the certificate whichdesignates the basis for issuing the new certificate. Such information maybe entered on the back of the certificate.

C. A new birth certificate prepared under Section 33817.7 other than as in"B" above shall change only the item(s) in question and the authority forthe change will be entered on the face of the certificate.j 3.10 Documentary Proof Requirements for Amendments

A. Judicial amendments. The original or certified copy of the certificate of-adoption, order of adoption. judgment. court order or other legal instru-ment plus any additional documents or information necessary to accorn-plish the desired changes.B. Major administrative amendments. An affidavit from the person request-

ing the amendment plus documentary proof corroborating the informa-tiontobe corrected. Ifdocumentary proof is not availableor the informationto be corrected is such that documentary proof isnot applicable. an affi-davit of personal knowledge from a second individual may be substituted.The state registrar shall decide which type of document or documents isacceptable in a particular case.(1) For amendments on a certificate initiated within one year from dateof the birth or death. the documentary proof must have been estab-lished on or before the date of the event.(2) For amendments on a certificate initiated between one year and fiveyears from date of the birth. death. marriage or divorce. the docu-mentary proof must have been established at least one year prior tothe date offered as evidence.(3) For amendments on a certificate initiated fiveyears or more after thebirth or death. the documentary proof must have been established atleast three years prior to the date offered as evidence.

C. Minor administrative-amendments. An affidavit from the person request-ing the amendment plus such other evidence as the state registrar -maydeem nec~ary to establish reasonable proof of the claim.(1) For amendments requested within one year from date of the birth ordeath except where deemed necessary. the affidavit alone will.suffice.(2) For amendments after one year. additional proof will be required as

deemed necessary.D. The state registrar shall have discretionary authority to determine accept-

ability of all documents submitted in connection with amendments andsupplementary certificates.E. Documents furnished in connection with an amendment of vital recordsmay be originals, photographic copies or authenticated abstracts. Alldocuments except those sealed and filed in accordance with law or regu-

8


22/28

( (

(

lations, and the affidavits shall be returned to the sender after reviewwithin three years following the date of the action but may bemicrofilmedfor permanent retention.3.11 Fees for Amendments

A. A charge of $3.00 shall be made for each request- for amendment of anitem or group of items on a given certificate.B. No fee shall be charged when it is determined that the registrant, parent,guardian or informant was not responsible for the error or-omissionor forminor administrative changes corrected by the local registrar duringroutine filing and editin~ procedure or a child's name isadded within oneyear after the date of birth,

4. PATERNITY PllESUMPTIONS AND ISSUANCE OF NEW BIRTHCERTIFiCATES4.1 Child Born During a Marriage .

A. For purposes of recording vital statistics the husband and wife shall bepresumed to be the natural parents of any child born during a marriage.The child shall have the husband's name for the family name and thehusband's personal particulars shall be entered as the father unless:(1) the person seeking to register the birth initially furnishes a court orderto the contrary, or .(2) if the birth occurs within 300 days after a previous marriage is termi-nated or after a decree of separation entered by acourt, and paternityof the unborn child was not determined upon termination of theprevious marriage, the name and personal particulars of a precedinghusband may beentered on an initial certificate registered within one'lear of the date of birth as requested in consenting affidavits of thenatural mother and the current and former husband.

B. After the initial birth certificate is filed for a child born to a marriedwoman as described inSection 4.1A above, issuance of a new certificatewill require a court order.4.2 Child Born to an ~arried Woman

A. For the purpose of recording vital statistics, any child born to an unmar-ried woman shall have his mother's name as the family name and thefather's personal particulars shall not be entered unless:(1) the unmarried natural father acknowledges his paternity and the

natural mother does not dispute the acknowledgment, or(2) the child is born within 300 days after the natural mother's mostrecent marriage was terminated by death, annulment. declaration ofinvalidity, or divorce, or after a decree of separation is entered by thecourt.

B. Before birth certificate is issued(1) ifpaternity is acknowledged by an unmarried natural father and filedwith the Department of Health prior to issuance of the initial birthcertificate and the mother signs a declaration of paternity naminghim asthe father ofher child, his personal particulars shall be recordedon the certificate and the child's surname shall be either the father'sname or the mother's name or the surname of both parents separatedby a hyphen as stipulated by the parents. Ifthe parents do not agree

or no stipulation is made, the Department shall record the mother'sname as the child's surname.(2) the father's affidavit and the declaration of paternity shall be sealedand filed by the Department of Health to be opened thereafter onlyby order of a court of competent jurisdiction.

C. After birth certificate is issued.(1) A new certificate replacing any certificate under 4.2A above shall beissued by the Department upon proof of the marriage of the natural

9


23/28

'.

,r'l

( (

mother to a man acknowledging paternity or upon the acknowledg-ment of paternity by an unmarried man which is not disputed by themother. The child's surname shall be as in 4.2B(I).

(2) If the Department does not have a declaration of paternity signed bythe mother, the Depanment shall send a certified letter requestingher to make an affidavit of paternity.(a) Anew certificate ofbinh win be prepared ifan affidavit of paternity is received or if the mother receives the letter but does notanswer within 90 days.(b) If the mother does not receive the letter from the Department, anew certificate of birth will be issued only upon order of a courtof competent jurisdiction.

(3) Anew certificate of birth under any other circumstances shall requirea court order that- a new birth certificate be issued.(4) The evidence upon which the new certificate is made and the originalcertificate shall be sealed and filed by the Department ~n~_may beopened only upon order of a court of competent Junsdlcuon. '

5. SURNAME A.FI'EIl MARRIAGE5.1 Declaration of Surname

Upon marriage, each of the parties to a marriage shall declare the sur-name each will use as a married person. The surname chosen may be theperson's own, his or her spouse's alone or his or her spouse's placed before or-after the person's own surname and separated by a hyphen. (Section 5741,Hawaii Revised Starutes.)5.2 Surname on Marriage License ApplicationA. The surname of each party given on the marriage licenseapplication shallbe either the surname given at birth (or adoption) or the surname usedduring the last previous marriage; exceptB. If the surname has been changed by a decree from the Lieutenant Gov-ernor, a court order, or by custom and usage in astate that recognizes suchchanges that name shall be used instead of the birth or adoption name.C. The marriage license agent shall take the surnames of the bride and groomas given in the marriage license application worksheet form when typingout the marriage license application, license, and certificate.

5.3 Entry of Declared Surname on Marriage CertificateA. The marriage officiant shall enter the declared surnames of the .bride andgroom in the spaces provided on the marriage certificate upon the mar-riage of the couple. .B. If either the bride or groom does not declare the surname he or she willuse after marriage or declares a name not shown on the license, the offi-ciant shall leave the section blank.

5.4 Surname Not Declared at Time of Marriage-A person marrying in Hawaii who does not declare the surname that heor she will use after marriage either at the time of marriage or within fourweeks following marriage shall be deemed to have declared the surnameshown on the marriage license as the name he or she will use after marriage.

5.5 Surname(s) Not in Accord With Act 1'14If the declared surname of the bride or groom is not in accord with the pro-visions of Act 114, 1975 Legislature, a single line shall be drawn through theincorrecuurname(s) and the correct surname(s) entered by the local registrarin the central Vital statistics office as indicated in paragraphs 5.2 and 5.4above.5.6 Other Names

If any name or names other than a surname, as in Section 5.1, are entered inthe space provided exclusively on the marriage certificate for the surnamedeclared upon marriage, a line shall be drawn through such given first name :'" '.)or middle name(s) by the local registrar in the central vital statistics office. ' , : ' '' w (10

t


24/28

y'

e

,

( (

6. REPEAL OF NON-CONFORMING REGULATIONSThe following sections of Chapter 8, Vital Statistics Regulations and Records, arehereby repealed:

Section 9Section 10Section IISection 12Section 18Section 19Section 20Section 21Section 22Section 23Section 34

Supplementary InformationAlteration of CertificateChange of Given Names Within Ninety DaysChange of Name by Legal, AuthorityLegitimacy StatusData Relating to Putative FatherRequests for Certified CopiesIssuance of Birth Certificate CopiesUnauthorized Certificate CopiesFee for Certified Copies and SearchesLists of Events

I, George A. L. Yuen, Director of Health. State of Hawaii, hereby certify that theforegoing regulations were adopted by the Department of Health on the 23rd day)ofFebruary 1976.

GEORGE A. L. YUENDirector of Health

i!

The foregoing regulations are hereby approved as to form this 25th day ofJune. 1976.

M. GAY CONKLINDeputy Attorney General

The foregoing regulations are hereby approved this 29th day of June, 1976.

GEORGE R. ARIYOSHIGovernor of Hawaii

Filed in Lt. Governor's Office: June 29. 1976Effective Date: July 9. 1976

11


25/28

( (

I, George A. L. Yuen, Director of Health, State of Hawaii,. herebycertify that the foregoing regulations were adopted by the Departmentof Health on the 23rd day of February 1976.

The~oregoing regulations are hereby approved as to form this2-r- -- day of c ; ) w n t , 19 7 d .

M. GAY CONKLINDeputy Attorney'Genera1


26/28

( (, .

The fore goi nday of ------~~~~~---

are hereby approved this19 7 '& .

Governor of Hawaii

. ,I here~y certify that this is a true and correct copy of theor~g1nal wh1ch is on file and on record in the OfficeDepartment of Health, State of Hawaii. of the Director,

Chapter BB, VITAL STATISTICS REgISTRATION AND RECORDS, of theState Public Health Regulations was adopted on February 23, 1976,following a public hearing held on January 22, 1976, af ter p ubl icnotices were published in the Honolulu Advertiser on December 29, 1975;The Hawaii Tribune-Herald on December 29, 1975; the Garden Island onDecember 29, 1975; and the Maui News on December 26, 1975.Filed in Lt. Governor's Office:Eff ect ive D ate:

:L11


27/28

( (

IN THE CIRCUIT COURT OF THE FIRST CIRCUITSTATE OF HAWAI' I


vs. ))

DEPARTMENT OF HEALTH, STATE )OF HAWAII; LORETTAFUDDY, IN )HER OFFICIAL CAPACITY AS )DIRECTOR OF THE DEPARTMENT )OF HEALTH, STATE OF HAWAII; )JOHN DOES 1-10; JANE DOES 1-10; )DOE CORPORATIONS 1-10; DOE )PARTNERSHIPS 1-10; AND DOE )GOVERNMENTAL ENTITIES 1-10, )

)Defendants. )

---------------------------)

CIVIL NO. 12-1-0006-01 RAN(DECLARATORY JUDGMENT)

NOTICE OF HEARING

NOTICE OF HEARINGTo: GERALD H. KURASHIMA, Esq.

American Savings Bank Tower, Suite 13101001 Bishop StreetHonolulu, Hawaii 96813

NOTICE IS HEREBY GIVEN that the above entitled matter shall come on forhearing before the Honorable Rhonda A. Nishimura, Judge of the above entitled court, inher courtroom at 777 Punchbowl Street, Honolulu, Hawai'i, on m a r u h c : g ) ; ; )O/~ at

g ~2 J D Jl._.m, or as soon thereafter as counsel may be heard.DATED: Honolulu, Hawai'i January .). 4 ,2012.

447681_I.DOC

'J~J~GAMINEDeputy Attorney GeneralAttorney for Defendants.


28/28

'(J} .r ( (

IN THE CIRCUIT COURT OF THE FIRST CIRCUITSTATE OF HAWAII


vs. ))

DEPARTMENT OF HEALTH, )STATE OF HAWAIl; LORETTA )FUDDY, IN HER OFFICIAL )CAPACITY AS DIRECTOR OF THE )DEPARTMENT OF HEALTH, )STATE OF HAWAII; JOHN DOES 1-)10; JANE DOES 1-10; DOE )CORPORATIONS 1-10; DOE )PARTNERSHIPS 1-10; AND DOE )GOVERNMENTAL ENTITIES 1-10, )

)Defendants. )

-------------------------)

CNIL NO. 12-1-0006-01 RANCERTIFICATE OF SERVICE

CERTIFICATE OF SERVICEThe undersigned hereby certifies that a copy of the foregoing document was served on

the following at the last known address via U.S. mail, postage prepaid as follows:GERALD H. KURASHIMAAmerican Savings Bank Tower, Suite 13101001 Bishop StreetHonolulu, Hawaii 96813Attorney for Plaintiff Duncan Sunahara

DATED: Honolulu, Hawaii, January 24,2012.

447079_ 1.DOC

~ 4'h~~J~AMoof~ -Deputy Attorney GeneralAttorney for Defendants