PUBLIC USE OF ARCHIVES

“HAWAII ADMINISTRATIVE RULES
TITLE 3
DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
CHAPTER 20
RULES GOVERNING THE PUBLIC USE OF THE STATE ARCHIVES
AND RECORDS CENTER, AND SCHEDULE OF FEES FOR SPECIAL
SERVICES

Sec. 3-20-1;   Purpose and applicability
Sec. 3-20-2;   Definitions
Sec. 3-20-3;   Public use of archives and state records center records
Sec. 3-20-4;   Use of archives, historical materials, and manuscript collections
Sec. 3-20-5;   Conduct
Sec. 3-20-6;   Restrictions
Sec. 3-20-7;   Certifications of authenticity
Sec. 3-20-8;   Procedures
Sec. 3-20-9;   Fees for Services

Historical Note: Chapter 20 of Title 3 is based substantially upon Rules Governing Public Use of the State Archives and Records Center and Schedule of Fees for Special Services. [Eff 3/29/78; R 3/30/81]

Sec. 3-20-1 Purpose and applicability. (a) The purpose of these rules is to prescribe the procedures for the use of public records and other materials in the custody of the archives division, department of accounting and general services, and the fees for reproduction and special services.

(b) These rules shall apply to all persons using the records and other materials in the custody of the archives division, including employees of the State of Hawaii or its political subdivisions. [Eff 3/30/81; comp 02/07/94] (Auth: HRS Sec. 94-1) (Imp: HRS Sec. 94-1)

Sec. 3-20-2 Definitions. As used in these rules, unless the context specifically or otherwise indicates, the following definitions apply:

“Archives” means official records that have been determined to have sufficient historical or other value to warrant their continued preservation by the State of Hawaii and have been accepted for deposit in the state archives.

“Historical materials” means newspapers, books, photographs, maps, and other printed materials and artifacts which are in the state archives.

“Manuscript collections” means correspondence, documents, papers, and other documental media having historical or commemorative value accepted by the archives division from a source other than an agency of the state government, its predecessors, and its political subdivisions.

“Researcher” means a person who has requested access to records, historical materials, or manuscript collections under the control of the archives division, department of accounting and general services.

“State archives” means the Kekauluohi (Archives) building, Iolani Palace grounds, and its contents.

“State records center records” means records which, pending their deposit in the state archives or their destruction in any other manner authorized by law, have been transferred to the state records center operated by the archives division, department of accounting and general services. [Eff 3/30/81;

comp 02/07/94] (Auth: HRS Sec. 94-1) (Imp: HRS Sec. 94-1)

Sec. 3-20-3 Public use of archives and state records center records. Researchers shall register each day they wish to use materials under the control of the archives division, and, upon request, shall furnish identification to the circulation desk staff or records storage unit staff. [Eff 3/30/81; am and comp 02/07/94] (Auth: HRS Sec. 94-1) (Imp: HRS Sec. 94-1)

Sec. 3-20-4 Use of archives, historical materials, and manuscript collections. (a) Researchers shall sign for all items requested and received from the circulation desk. Researchers are responsible for all items delivered to them and shall return the records to the circulation desk. Before leaving the reading room, even for a short time, a researcher shall place all records in their proper folders.

(b) The circulation desk staff may limit the quantity of records and other materials to be delivered to a researcher at one time. A copy may be substituted for items considered too fragile to be used by researchers.

(c) The use of records or material of exceptional value or in fragile condition shall be subject to any conditions specified by the state archivist for the protection of those records and materials.

(d) Original items will not normally be made available when microfilm copies are available.

(e) Researchers seeking information and publications which are readily available in a public library will normally be referred to the library.

(f) Researchers shall exercise all possible care to prevent damage to items being used. Pens shall not be used. Items shall not be leaned on, written on, covered by papers or cards being written on, folded anew, traced, fastened with paper clips or rubber bands, or handled in any way likely to cause damage.

(g) Researchers shall not remove any materials from the state archives. Briefcases, folders, or containers of any kind shall be stored in lockers before entering the reading room. Articles needed for research may be taken to the reading room, but, upon leaving, researchers shall present to the circulation desk staff for examination, any article that could contain archives records or other items.

(h) Researchers shall keep unbound records in the order in which they were delivered. Records appearing to be in disorder shall not be rearranged by a researcher, but shall be referred to the circulation desk staff. Normally, a researcher shall not be allowed to remove records from more than one folder at a time. [Eff 3/30/81; am and comp 02/07/94] (Auth: HRS Sec. 94-1) (Imp: HRS Sec. 94-1)

Sec. 3-20-5 Conduct. (a) Researchers and staff shall respect the rights of others to undisturbed use of the state archives and state records center.

(b) Eating or drinking in the reading rooms is prohibited.

(c) Smoking in the public rooms of the state archives and the state records center is prohibited.

(d) Researchers desiring to use typewriters, computers, sound or video records devices, or photocopying equipment shall work in areas designed by the reference desk staff. Due to limitations in space not more than one user of video recording or photocopying equipment may be permitted at a time. Previous arrangement should be made. A limit of two hours may be placed on such use if others wish to use such equipment. Researchers may be permitted to use their own copying equipment when such use will not harm the records or other materials, will not disturb other researchers, and will not require the use of facilities or space other than that which is normally provided for all researchers. In order to preserve the original records and materials, originals which are available on microfilm or other copies shall not be copied by other means as long as legible copies can be made from the microfilm. [Eff 3/30/81; am and comp 02/7/94] (Auth: HRS Sec. 94-1) (Imp: HRS Sec. 94-1)

Sec. 3-20-6 Restrictions. (a) The use of archives is subject to the restrictions set forth in chapter 92F, Hawaii Revised Statutes, and to restrictions placed on the records by other specific statute. [eff. 7/1/97, business hours Monday – Friday 9:00am – 4:00pm]

(b) The use of manuscript collections is subject to restrictions placed on them by the donor.

(c) State records center records shall be subject to any restrictions set forth by the agency which transferred the records for storage.

(d) All records and other materials shall be brought to researchers by archives division staff. Researchers shall not normally be permitted in the storage areas of the state archives or state records center. [Eff 3/30/81; am and comp 2/07/94] (Auth: HRS Sec. 94-1) (Imp: HRS Sec. 94-1)

Sec. 3-20-7 Certifications of authenticity. Certified copies of records and other materials in the state archives may be made. The state archivist or a staff member designated in writing by the comptroller or state archivist as custodian of the public archives are authorized to sign the certification. [Eff 03/30/81; am and comp 02/07/94] (Auth: HRS Sec 94-1) (Imp: HRS Sec. 94-4)

Sec. 3-20-8 Procedures. (a) The state archives and state records center shall be open to researchers during the office hours designated by section 80-1, Hawaii Revised Statutes.

(b) Procedures for serving researchers’ requests shall be as set forth in the Hawaii state archives procedures manual or state records center procedures manual. [Eff 03/30/81; am and comp 02/07/94] (Auth: HRS Sec. 94-1) (Imp: HRS Sec. 94-1)

Sec. 3-20-9 Fees for services. (a) The following fees shall be charged for reproductions and other special services:

(1) Xerographic copy of any record up to 8-1/2″ x 14″: twenty-five cents for each exposure.

(2) Xerographic copy of any record over 8-1/2″ x 14″: $5 per exposure.

(3) Making a typewritten copy of any record: $5 for each page of copy or fraction thereof, plus certification.

(4) For mail or facsimile orders, in addition to copying fees, a handling fee of $1, plus postage and facsimile long-distance charges shall be assessed at current U.S. postal rates or long-distance telephone rates assessed to the state.

(5) In addition to above, fees shall be charged for research if more than fifteen minutes are required to identify materials for reproduction.

(6) Each hour or fraction thereof of staff time required in transporting and safe-guarding records and other materials required to be temporarily removed from the state archives for any purpose: $15.

(7) Handling photographic orders: $1.00 per image, plus a handling fee of $1 per order form.

(8) Each hour or fraction thereof of research performed by the state archives staff: $17, except this fee may not be charged for the initial fifteen minutes.

(9) Each hour or fraction thereof spent translating any document in the state archives from Hawaiian into English: $17, except this fee may not be charged for the initial fifteen minutes.

(10) Certification as to the authenticity of any copy: $2.25.

(11) Certified statement: $5.00 for each page of copy or fraction thereof, plus $2.25 for certification.

(12) The archives may require payment of the estimated total amount of fees prior to completing reproduction, research, or translation if:

(A) The estimated total amount of fees is likely to exceed $25.00; or

(B) The person requesting services has an outstanding balance due to the state archives.

(b) The above fees shall not be charged:

(1) Where the work involved is requested by agencies of the state or counties of Hawaii, or federal governments.

(2) When a reproduction is made to furnish the donor of a document or other gift with a copy of the original.” [Eff 3/30/81; am and comp 2/07/94; am 11/17/97] (Auth: HRS Sec. 94-1) (Imp: HRS Sec. 94-4)