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The Office of Information Practices ("OIP"),
following public hearings, adopted administrative rules entitled
"Agency Procedures and Fees for Processing
Government Record Requests."
These rules, which took effect on February 26, 1999,
are set forth in Chapter 71 of Title 2 of the Hawaii Administrative
Rules. The OIP was required to adopt these rules by the Uniform
Information Practices Act (Modified), chapter 92F, Hawaii Revised
Statutes ("UIPA").
Here is a quick guide to help government agencies
and the public understand the rules.
Which
agencies must comply with these rules?
When
do these rules apply?
What
are the requirements for submitting a request for access to a government
record?
What
are the time limits for an agency's response to the record request?
What
must an agency's notice state?
What
must an agency do when the record requested is partially confidential?
What
kind of fees do the rules allow agencies to charge?
Which
agencies must comply with these rules?
ALL executive and legislative agencies of the State and of all counties
in the State. These rules also apply to the administrative functions
of the Judiciary.
When
do these rules apply?
An agency must comply with these rules whenever an agency receives
a request for access to a government record, either to view or obtain
a copy of the record.
What
are the requirements for submitting a request for access to a government
record?
To make the request clear and easier to respond to, a requester
should submit a "formal request" which:
- is written, or in some other form;
- provides information enabling the agency to contact
the requester;
- requests either to inspect or to copy a particular
government record;
- describes that government record; and
- if the requester wishes to request a waiver of
search, review, and segregation fees, includes facts supporting
the waiver request.
A model request form, Request
to Access a Government Record, is available on this site to
download and print.
What
are the time limits for an agency's response to the record request?
- Public Records: The agency has 10 business days
to disclose public government records that will be disclosed in
their entirety.
- Partially Public Records: For those records, parts
of which will be segregated, the agency has 10 business days to
provide notice. The agency then must disclose public parts of
the record within 5 business days of providing notice.
- Extenuating Circumstances: When an agency's response
time is affected by extenuating circumstances, the agency must
first provide written acknowledgment within 10 business days.
Thereafter, the agency must provide a notice within 20 business
days after receiving the request, and then disclose public parts
of the record within 5 business days of providing notice. If prepayment
is required or incremental disclosures are necessary, other time
limitations may apply.
What
must an agency's notice state?
- Notice of Access: If an agency will be disclosing
all or part of the record requested, the notice must tell the
requester how the record will be made available--for example:
(1) whether it will be made available for inspection or copying
and where, (2) the estimated amount of fees to process the record
request, (3) the amount of estimated fees the agency requires
the requester to prepay, and (4) any other instructions.
- Notice of Denial: If an agency will be denying
access to all or part of the record requested, the notice must
inform the requester whether all or only a portion of the record
will not be disclosed. The notice must also state the specific
legal authorities for the agency's denial.
- Notice of Agency Unable to Disclose: If an agency
is unable to disclose a record, the notice must state the reason.
A model notice form, Notice to
Requester, is available on this site to download and print.
What
must an agency do when the record requested is partially confidential?
Before disclosing the public parts of the record, the agency must
segregate the confidential parts. The agency's notice must inform
the requester about those parts that are not disclosed, as well
as how the public parts will be made available.
What
kind of fees do the rules allow agencies to charge?
In order to process a request for access to a government
record, an agency may, but need not, charge the requester the following
fees, in addition to any other lawful fees:
- $2.50 per fifteen minutes or fraction thereof for
searching for the record; and
- $5.00 per fifteen minutes or fraction thereof for
reviewing and segregating the record.
- The agency may not charge the first $30 of the
above fees to the requester.
In addition, a fee waiver in the public interest is
also available. The criteria for this fee waiver are set forth in
section 2-71-32, Hawaii Administrative Rules, and are stated in
the model request form, Request to Access a
Government Record.
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