N&K (PAs, Inc. ACCOUNTANTS I CONSULTANTS A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement ofthefinancialstatements will not be prevented or detected by the DBEDT's internal control. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. Compliance and Other Matters As part of obtaining reasonable assurance about whether the DBEDT's financialstatements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination offinancial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of OUf audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. We noted certain matters that we reported to management ofthe DBEDT in a separate letter dated March 15, 2010. This report is intended solely for the intormation and use ofthe Office ofthe Auditor, the management of DBEDT, federal awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than these specitied parties. Honolulu, Hawaii March 15, 2010 49 This is trial version www.adultpdf.com PART III AUDITORS' REPORT ON COMPLIANCE WITH REQUIREMENTS APPLICABLE TO EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE 50 This is trial version www.adultpdf.com iII1 ~ N&K (PAs, Inc. ACCOUNTANTS I CONSULTANTS AMERICAN SAVINGS BANK TOWER 1001 81SHOPSTREET, SUITE 1700 HONOlULU, HAWAII 96813-3696 T (808) 524-2255 F (808) 523·2090 INDEPENDENT AUDITORS' REPORT ON COMPLIANCE WITH REQUIREMENTS APPLICABLE TO EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE IN ACCORDANCE WITH OMB CIRCULAR A-133 Tothe Auditor Office ofthe Auditor Stateof Hawaii: Compliance We have audited the compliance oftheDepartmentofBusiness,EconomicDevelopmentandTourismStateofHawaii (DBEDT) with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement that are applicable to each of its major federal programs for the fiscal year ended June30, 2009. The DBEDT's major federal programs are identified in the summary of auditors' results section ofthe accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts, and grants applicable to each of its major federal programs is the responsibility ofthe DBEDT's management. Our responsibility is to express an opinion on the DBEDT's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable tofinancial audits contained in Government Auditing Standards, issued by the Comptroller General ofthe United States; and OMB Circular A-133, Audits of States, Local Governments, and Non- Profit Organizations. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the DBEDT's compliance with those requirements and pertorming such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination on the DBEDT's compliance with those requirements. 51 This is trial version www.adultpdf.com N&K (PAs, Inc. ACCOUNTANTS I CONSULTANTS In our opinion, the DBEDT complied, in all material respects, with the requirements referred to above that are applicable to each of its major federal programs for the fiscal year ended June30, 2009. Internal Control Over Compliance The management ofthe DBEDT is responsible for establishing and maintaining effective internal control over compliance with the requirements of laws, regulations, contracts, and grants applicable to federal programs. In planning and performing our audit, we considered the DBEDT's internal control over compliance with the requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness ofthe DBEDT's internal control over compliance. A control deficiency in an entity's internal control over compliance exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect noncompliance with a type of compliance requirement of a federal program on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to administer a federal program such that there is more than a remote likelihood that noncompliance with a type of compliance requirement of a federal program that is more than inconsequential will not be prevented or detected by the entity's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that material noncompliance with a type of compliance requirement of a federal program will not be prevented or detected by the entity's internal control. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. This report is intended solely for the information and use ofthe Office ofthe Auditor, the management of DBEDT, federal awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. Honolulu, Hawaii March 15, 2010 52 This is trial version www.adultpdf.com PART IV SCHEDULE OF FINDINGS AND QUESTIONED COSTS 53 This is trial version www.adultpdf.com DepartmentofBusiness,EconomicDevelopmentandTourismStateofHawaii SCHEDULE OF FINDINGS AND QUESTIONED COSTS Fiscal Year Ended June30, 2009 SECTION I - SUMMARY OF AUDITORS' RESULTS FinancialStatements Type of auditors' report issued: Internal control over financial reporting: Material weakness(es) identified? Significant deficiencies identified that are not considered to be material weakness(es)? Noncompliance material tofinancialstatements noted? Federal Awards Internal control over major programs: Material weakness(es) identified? Significant deficiencies identified that are not considered to be material weakness(es)? Type of auditors' report issued on compliance for major programs: Any audit findings disclosed that are required to be reported in accordance with section .510(a) of Circular A-133? Identification of major programs: Unqualified yes yes yes yes yes Unqualified _ yes ./ no ./ none reported ./ no ./ no ./ none reported L no CFDA Number 11.307 12.910 Name of Federal Program Economic Adjustment Assistance Research and Technology Development Dollar threshold used to distinguish between Type A and Type B programs: Auditee qualified as low-risk auditee? SECTION 11- FINANCIAL STATEMENT FINDINGS None $ 300,000 :! yes no SECTION III - FEDERAL AWARD FINDINGS AND QUESTIONED COSTS None 54 This is trial version www.adultpdf.com PART V SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS 55 This is trial version www.adultpdf.com DepartmentofBusiness,EconomicDevelopmentandTourismStateofHawaii STATUS REPORT Fiscal Year Ended June30, 2009 No prior audit findings which apply under the current criteria of OMS Circular A-133 were noted. 56 This is trial version www.adultpdf.com . of the Department of Business, Economic Development and Tourism State of Hawaii (DBEDT) with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular. version www.adultpdf.com Department of Business, Economic Development and Tourism State of Hawaii STATUS REPORT Fiscal Year Ended June 30, 2009 No prior audit findings which apply under the current criteria of OMS. PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE IN ACCORDANCE WITH OMB CIRCULAR A-133 To the Auditor Office of the Auditor State of Hawaii: Compliance We have audited the compliance of the Department