HAWAII ADMINISTRATIVE RULES
TITLE 8
DEPARTMENT OF EDUCATION
SUBTITLE 3
PUBLIC LIBRARIES
CHAPTER 206.1
LIBRARY SERVICES
Subchapter 1 General Provisions
§8-206.1-1 Applicability
§8-206.1-2 Repealed
§8-206.1-3 Public service hours
§8-206.1-4 Holidays
§8-206.1-5 Book drop hours
Subchapter 2 Library for the Blind and Physically Handicapped
§8-206.1-6 Library for the Blind and Physically Handicapped services
§8-206.1-7 Eligibility for use of Library for the Blind and Physically Handicapped services
§8-206.1-8 Application procedures
Subchapter 3 Bookmobile Services
§8-206.1-9 Bookmobile services
§8-206.1-10 Bookmobile schedules
§8-206.1-11 Notification of cancellation of bookmobile services
§8-206.1-12 Bookmobile guests
Subchapter 4 Bulletin Boards and Display Areas
§8-206.1-13 Location
§8-206.1-14 Use of bulletin boards
§8-206.1-15 Use of display area
Subchapter 5 Other Services
§8-206.1-16 Services to non-English language readers
§8-206.1-17 Reference material and requests
§8-206.1-18 Reader’s advisory services
§8-206.1-19 Repealed
§8-206.1-20 Repealed
§8-206.1-21 Class and group visits
§8-206.1-22 Access to HSPLS’ online services and resources
§8-206.1-23 Access to online resources via the internet
Historical note: This chapter is based substantially upon chapter 8-206, “Library Services”. [Eff 8/7/93; R 1/2/96]
SUBCHAPTER 1
GENERAL PROVISIONS
§8-206.1-1 Applicability. This chapter applies to various library services provided by public libraries. Except as otherwise provided in this chapter, the provisions of chapters 8-200.5 and 8-200.6 shall also apply. [Eff 1/2/96; comp 1/7/99; am and comp 05/24/2010] (Auth: HRS §§302A-1120, 312-1) (Imp: HRS §312-1)
§8-206.1-2 REPEALED. [R 05/24/2010]
§8-206.1-3 Public service hours. Public service hours shall be posted at each public library. [Eff 1/2/96; comp 1/7/99; am and comp 05/24/2010] (Auth: HRS §§302A-1120, 312-1) (Imp: HRS §312-1)
§8-206.1-4 Holidays. (a) Public libraries may be closed on designated state holidays pursuant to chapter 8, Hawaii Revised Statutes. Holiday schedules shall be posted in each public library.
(b) Public libraries may be closed for three day weekends when national holidays are officially observed on a Friday, Saturday, Sunday, or Monday. [Eff 1/2/96; comp 1/7/99; comp 05/24/2010] (Auth: HRS §§302A-1120, 312-1) (Imp: HRS §312-1)
§8-206.1-5 Book drop hours. (a) Public library book drops shall be open during the hours libraries are closed.
(b) Should any situations arise preventing the book drop from being open, a sign shall be posted on the book drop to inform the public not to use the book drop. [Eff 1/2/96; comp 1/7/99; am and comp 05/24/2010] (Auth: HRS §§302A-1120, 312-1) (Imp: HRS §312-1)
SUBCHAPTER 2
LIBRARY FOR THE BLIND
AND PHYSICALLY HANDICAPPED
§8-206.1-6 Library for the blind and physically handicapped services. The library for the blind and physically handicapped provides the following services:
(1) Specialized library collections for those who are unable to read or handle regular print material due to a visual or physical disability. The large type collection is available to all library customers who have a valid Hawaii state public library system library card;
(2) Transcribing services available to people with visual or physical disabilities. Print material not readily available in required format elsewhere may be transcribed into braille, electronic, or recorded formats;
(3) Radio reading service Hawaii, a radio program established by the system for the special benefit of registered library customers of the library for the blind and physically handicapped;
(4) Repair and maintenance of the National Library Service or library for the blind and physically handicapped issued equipment used by National Library Service for the Blind and Physically Handicapped customers and staff;
(5) Technical assistance to the total program as well as orientation of library for the blind and physically handicapped services for library staff statewide;
(6) Services to teachers or others who require information on services to eligible or potential library for the blind and physically handicapped customers;
(7) Consultation and coordination of services to institutions serving individuals who are blind or physically handicapped; and
(8) Informational tours of the library for the blind and physically handicapped. [Eff 1/2/96; am and comp 1/7/99; am and comp 05/24/2010] (Auth: HRS §§302A-1120, 312-1) (Imp: 2 U.S.C. §§135a, 135b; HRS §312-1)
§8-206.1-7 Eligibility for use of library for the blind and physically handicapped services. The following people are eligible to use the services of the library for the blind and physically handicapped:
(1) Persons whose visual acuity is 20/200 or less in the better eye with correcting glasses, or whose widest diameter of visual field subtends an angular distance no greater than 20 degrees as determined by competent authority, as defined by Public Law 89-522 or other applicable federal law;
(2) Persons whose visual disability, with correction and regardless of optical measurement, is certified by competent authority as preventing the reading of standard printed material;
(3) Persons certified by competent authority as unable to read or unable to use standard printed material as a result of physical limitations; and
(4) Persons certified by a medical doctor as having a reading disability resulting from organic dysfunction and of sufficient severity to prevent their reading printed material in a normal manner. [Eff 1/2/96; am and comp 1/7/99; am and comp 05/24/2010] (Auth: §§302A-1120, 312-1) (Imp: 2 U.S.C. §§135a, 135b; HRS §312-1)
§8-206.1-8 Application procedures. (a) Individuals or institutions wishing to use materials and services at the library for the blind and physically handicapped shall complete an application form supplied by the library for the blind and physically handicapped, substantially similar to the forms which are located at the end of this chapter as Exhibit 1a, entitled “Library for the Blind and Physically Handicapped, Registration Information” and “Library for the Blind and Physically Handicapped, Application for Free Library Service – Individuals”, dated September 2008, and as Exhibit 1b, entitled “Library for the Blind and Physically Handicapped, Registration Information” and “Library for the Blind and Physically Handicapped, Application for Free Library Service – Institutions”, dated September 2008, and made a part of this section.
(b) A completed application shall be signed by a competent authority, as defined in section 206.1-7(1), and returned to the library for the blind and physically handicapped. [Eff 1/2/96; am and comp 1/7/99; am and comp 05/24/2010] (Auth: §§302A-1120, 312-1) (Imp: 2 U.S.C. §§135a, 135b; HRS §312-1)
SUBCHAPTER 3
BOOKMOBILE SERVICES
§8-206.1-9 Bookmobile services. (a) Bookmobile services may be provided to those who live in areas where a public library is not located within close proximity, or to areas where library customers are not able to visit a public library due to a physical disability.
(b) The areas that may be visited by the bookmobiles shall be based upon various factors including cost of service, geographical location, demographics, time of day, physical characteristics of the area for target library customers, number of library customers served, distance between established stops, and traffic patterns. [Eff 1/2/96; comp 1/7/99; comp 05/24/2010] (Auth: HRS §§302A-1120, 312-1) (Imp: HRS §312-1)
§8-206.1-10 Bookmobile schedules. Bookmobile schedules may be printed and made available to library customers before the schedules’ effective dates. Holidays and maintenance periods when no bookmobile service will be offered may be included in these schedules. [Eff 1/2/96; comp 1/7/99; comp 05/24/2010] (Auth: HRS §§302A-1120, 312-1) (Imp: HRS §312-1)
§8-206.1-11 Notification of cancellation of bookmobile services. (a) If a bookmobile stop must be canceled, public libraries shall attempt to notify library customers of the cancellation and the length of time service will be canceled.
(b) If cancellation of the bookmobile stop causes a library item to become overdue, no fines shall be assessed during that period. [Eff 1/2/96; comp 1/7/99; comp 05/24/2010] (Auth: HRS §§302A-1120, 312-1) (Imp: HRS §312-1)
§8-206.1-12 Bookmobile guests. All requests to allow guests (visiting librarians or student observers) to ride in the bookmobile shall be submitted to the library staff of the public library to which the bookmobile is affiliated. Guests shall be permitted, provided that:
(1) Each rider has a safe seat and a seat belt;
(2) A signed waiver from each guest stating that the staff and State of Hawaii are not liable for any conduct resulting in the injury or death of a guest is obtained from each guest; and
(3) The request is approved by the state librarian. [Eff 1/2/96; comp 1/7/99; am and comp 05/24/2010] (Auth: HRS §§302A-1120, 312-1) (Imp: HRS §312-1)
SUBCHAPTER 4
BULLETIN BOARDS AND DISPLAY AREAS
§8-206.1-13 Location. Each public library may have a bulletin board or display area. [Eff 1/2/96; comp 1/7/99; comp 05/24/2010] (Auth: HRS §§302A-1120, 312-1) (Imp: HRS §312-1)
§8-206.1-14 Use of bulletin boards. (a) Bulletin boards may be used to post notices and announcements of public library and community activities.
(b) All items posted on the bulletin board in a public library shall be approved by the library manager prior to posting. Items posted without prior approval shall be removed.
(c) The system shall determine the length of time an item may be posted, generally not to exceed one month. [Eff 1/2/96; comp 1/7/99; am and comp 05/24/2010] (Auth: HRS §§302A-1120, 312-1) (Imp: HRS §312-1)
§8-206.1-15 Use of display area. (a) A public library with a display area may permit an individual or organization to display an item upon prior approval of the library manager. The display area shall not be used for a commercial purpose.
(b) An individual or organization intending to display an item shall complete a form, substantially similar to the form which is located at the end of this chapter as Exhibit 2, entitled “Consignment Agreement”, dated November 1992, and made a part of this section.
(c) The library manager shall determine the length of time the display may be exhibited, generally not to exceed one month.
(d) Public libraries are not responsible for lost, stolen, or damaged items. [Eff 1/2/96; comp 1/7/99; am and comp 05/24/2010] (Auth: HRS §§302A-1120, 312-1) (Imp: HRS §312-1)
SUBCHAPTER 5
OTHER SERVICES
§8-206.1-16 Services to non-English language readers. (a) Public libraries may make available for use or loan library material for library customers who are non-English language readers, as well as those who wish to read or use material in another language.
(b) Material for non-English reading library customers that may be provided by each public library shall depend upon which non-English languages are predominantly spoken in the community served. Public libraries may subscribe to one or more non-English language periodicals or newspapers, depending upon the community served.
(c) Access to the system’s foreign language collection is available through the online public access catalog. [Eff 1/2/96; comp 1/7/99; am and comp 05/24/2010] (Auth: HRS §§302A-1120, 312-1) (Imp: HRS §312-1)
§8-206.1-17 Reference material and requests. (a) Reference service is provided to library customers who come in person, call via the telephone, place a request through other public libraries, submit a request through electronic communication, or mail or telecopy a request.
(b) Reference material may be photocopied and mailed to library customers agreeing to pay the enhanced service fees specified in chapter 8-206.2.
(c) Requests for financial, medical, legal, tax, or consumer information shall be provided from published sources and no opinions or interpretations shall be provided by library staff.
(d) Requests shall be limited to three items per person at one time (e.g., three listings in the telephone directory or three definitions in the dictionary).
(e) All reference material may be restricted for use in the library. Public libraries may not allow a library customer to borrow reference material except under the following circumstances:
(1) When the copy machine in the library is not working;
(2) A library customer requests a short loan period to copy a picture in color and there is a nearby copy agency that has that capability; or
(3) The library manager or designee determines that there is a compelling reason to permit a loan.
The library manager or designee shall determine the length of the reference loan period. The library customer shall provide a valid library card. A library customer shall be assessed any charges for any damage or loss caused by the customer to the reference material. The charges shall be applied to the library customer’s library card account.
(f) If reference material is loaned to a library customer, all rules, terms, and conditions applicable to the loan of circulating library material shall apply, unless otherwise specified in this section.
(g) If reference material is also identified by the library manager as desk reference library material, the library customer shall provide a library card or acceptable picture identification to use the item in the public library. Acceptable picture identification is limited to an unexpired driver’s license, a current student identification card, or a government issued identification card such as a military ID or a state ID card. The library card or picture identification will be returned to the library customer upon return of the desk reference material. A library customer shall be assessed any charges for any damage or loss caused by the customer to the desk reference material. The charges shall be applied to the library customer’s library card or billed directly to the customer.
(h) Heavily used, rare, or fragile reference material may be restricted to use in the public library where it is located. A bibliography may be prepared at the request of a library customer provided there are available resources within the system as determined by the library manager.
(i) When a bibliography is provided, credit shall be given to the individual preparing the bibliography, the public library, and the system. A bibliography shall be dated. [Eff 1/2/96; am and comp 1/7/99; am and comp 05/24/2010] (Auth: HRS §§302A-1120, 312-1) (Imp: HRS §312-1)
§8-206.1-18 Reader’s advisory services. A public library may provide reader’s advisory services. Reader’s advisory services lead library customers to material in the public library that are of interest to library customers, but which are not familiar to library customers. [Eff 1/2/96; comp 1/7/99; comp 05/24/2010] (Auth: HRS §§302A-1120, 312-1) (Imp: HRS §312-1)
§8-206.1-19 REPEALED. [R 05/24/2010]
§8-206.1-20 REPEALED. [R 05/24/2010]
§8-206.1-21 Class and group visits. (a) A public library may introduce its services and resources to school classes and groups within the community or as requested.
(b) The library may introduce its services and resources to students borrowing library material during a class visit to the public library under the following terms and conditions:
(1) Library material may be borrowed for a period up to six weeks upon prior arrangement with the library manager or designee.
(2) A library card may be issued to a minor student upon completion of a library card application signed by the minor’s parent or guardian and collected and verified by the student’s teacher.
(3) For purposes of this section, a class visit is a prearranged visit by a school class and designed to assist students in the use of library material.
(c) The library may also accommodate group visits by organizations within the community.
(d) The same organization, or any group or class of the organization, shall not be scheduled more than twice in a single month for a prepared session. A prepared session is one which requires library staff time to plan and conduct. The same organization, or any group or class of the organization, shall not be visited by the same librarian more than twice in the same month.
(e) Unscheduled organizations or groups or classes of an organization arriving unannounced shall receive the same reference assistance as other individual library customers who arrive at the same time. Every effort shall be made to provide fair and efficient service. [Eff 1/2/96; comp 1/7/99; am and comp 05/24/2010] (Auth: HRS §§302A-1120, 312-1) (Imp: HRS §312-1)
§8-206.1-22 Access to HSPLS’ online services and resources. (a) The system may provide access to its website to library customers within libraries or remotely.
(b) The system may provide access to its online catalog to library customers within libraries or remotely.
(c) The system may provide access to online resources including those developed and maintained by the system as well as subscription databases and other commercial information sources funded by the system. [Eff and comp 1/7/99; am and comp 05/24/2010] (Auth: HRS §§302A-1120, 312-1) (Imp: HRS §312-1)
§8-206.1-23 Access to online resources via the Internet. (a) Internet-accessible computers may be provided at system libraries as a means of expanding the range of information services.
(b) The system may provide internet-accessible computers to customers with their own valid HSPLS library card.
(c) Customers shall reserve and register with their own valid library card, which is not transferable.
(d) Library customers shall assume full responsibility for the use of equipment, software, and network connection provided by the system.
(e) Use of the Internet which violates state or federal laws, or any unauthorized access to any computer systems, computers, or restricted data files shall not be permitted.
(f) The system shall develop guidelines in accordance with these rules. [Eff and comp 05/24/2010] (Auth: HRS §§302A-1120, 312-1) (Imp: HRS §312)
Standard 8-206.1 amended EXHIBIT 1a LBPH Lib Card-Indiv App.pdf
Standard 8-206.1 amended EXHIBIT 1b LBPH Lib Card-Inst App.pdf
Standard 8-206.1 amended EXHIBIT 2 Consign Agrmnt.pdf