HomeMy WebLinkAbout2006-05-08_IME_and_Procurement_Code Harry Kim a�+trios„ Lincoln S.T.Ashida
Corporation Counsel
Gerald Takase
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COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street,Suite 325 • Hilo, Hawaii 96720-4262 (808)961-8251 • Fax(808)961-8622
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May 8, 2006
Ms. Charmaine Kamaka
Safety Director
Department of Civil Service
101 Pauahi Street, Suite 2
Hilo, Hawaii 96720
Re: IME and Procurement Code
Our File: WRK 06-12264
Dear Ms. Kamaka:
You requested an opinion of this office regarding the applicability of the Procurement
Code of the State of Hawaii on IME examinations which are scheduled by the Workers'
Compensation Unit in selected cases. Your question was whether IME examinations can be
scheduled without adhering to the process outlined in the Procurement Code.
Section 103D-102 of the Hawaii Revised Statutes relates to the application of the
Procurement Code to various transactions. As a general rule, it requires that all procurement
contracts made by a governmental body be covered by the Procurement Code.
This section does have recognized exceptions and states in subsection ((b)(4):
To produce the following goods or services which are available from
multiple sources but for which procurement by competitive means is either
not practicable or not advantageous to the State:
(A) Services of expert witnesses for potential and actual litigation
of legal matters involving the State, its agencies, and its officers
and employees, including administrative quasi-judicial
proceedings[.]
It is the opinion of this office that when a physician or other expert is retained in a
particular matter, the skill or expertise that is required is particular to that witness. When an IME
is requested, it is requested in anticipation of litigation, where the person performing the IME
Hawaii County is an Equal Opportunity Provider and Employer
Ms. Charmaine Kamaka
May 8, 2006
Page 2
will render an expert opinion related to the claimant and may be called to testify. Since
proceeding in Workers' Compensation matters are considered to be "administrative quasi-
judicial proceedings,"the service retained by the expert appears to be exempt from the
Procurement Code as stated in Section 103D1-02 (b)(4), as noted above.
If you have any additional questions related to the opinion stated in this letter, please
contact my office.
J iirs truly,
�W hael J. Udovic
Deputy Corporation Counsel
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