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Memo to Constance Kiriu, Legislative Auditor <br /> Page -3- <br /> March 1, 2004 <br /> Answer: No. The administrator and the trustee or their designees are not <br /> "agencies" within the meaning of Section 91-1, Hawaii Revised Statutes, <br /> nor are they a "board," a body created by constitution, statute, rule or <br /> executive order pursuant to Section 92-2, Hawaii Revised Statutes. <br /> Further any procedure on internal management of the trust is not a "rule" <br /> under the definition of Section 91-1, Hawaii Revised Statutes, and <br /> therefore the trust is not subject to either Chapter 91 or Chapter 92, HRS. <br /> Please note that when the trust was administered by the State Department <br /> of Finance, the internal management procedures were not subject to <br /> Chapters 91 and 92, Hawaii Revised Statutes, for the same reasons. <br /> CTM:de <br /> <br /> s:\dept\mayor\shippers trust\memo kiriu funding & liability questions\3-04\CTMde.doc <br /> <br />