Haw. Code R. § 11-451-19 - Establishment and content of administrative records
(a) The
purpose of this subchapter is to establish guidelines for the contents of
administrative records; the location of the administrative records; when the
department shall establish administrative records; and the procedures by which
the public, potentially responsible parties, and other persons may comment on
administrative records.
(b) Content
of administrative records for response action selection. The department shall
establish administrative records that contain the documents that form the basis
for the selection of a response action. The department shall compile and
maintain administrative records in accordance with this section.
(1) The administrative record for the
selection of a response action may contain the following types of documents:
(A) Documents containing factual information,
data and analysis of the factual information, and data that may form the basis
for the selection of a response action;
(B) Guidance documents, technical literature,
and site-specific policy memoranda that may form the basis for the selection of
the response action;
(C) Documents
received, published, or made available to the public under section 11-451-20 for remedial actions, or section 11-451-21 for removal actions;
(D) Decision documents, including response
action memorandums and removal action reports;
(E) Orders issued, or enforceable agreements
which the department and potentially responsible parties enter into pursuant to
this chapter; and
(F) An index of
the documents included in the administrative record file. If documents are
customarily grouped together, as with sampling data chain of custody documents,
they may be listed as a group in the index to the administrative record
file.
(2) If information
which forms the basis for the selection of a response action is included only
in a document containing confidential or privileged information and is not
otherwise available to the public, the information, to the extent feasible,
shall be summarized in such a way as to make it disclosable and the summary
shall be placed in the publicly available portion of the administrative record
file. The confidential or privileged document itself shall be placed in the
confidential portion of the administrative record file pursuant to sections
92F-13.3 and 92F-13.4, HRS. If information, such as confidential business
information, cannot be summarized in a disclosable manner, the information
shall be placed only in the confidential portion of the administrative record
file pursuant to sections 92F-13.3 and 92F-13.4, HRS. All documents contained
in the confidential portion of the administrative record file shall be listed
in the index to the file.
(3)
Administrative records for the selection of a response action need not contain
the following types of documents:
(A)
Sampling and testing data, quality control and quality assurance documentation,
chain of custody forms, publicly available technical literature not generated
for the facility or vessel at issue, provided that the index to the
administrative record files indicates the location and availability of this
information.
(B) Documents which do
not form a basis for the selection of the response action. Such documents
include but are not limited to draft documents, internal memoranda, and
day-to-day notes of staff.
(4) Administrative records for the selection
of a response action shall not contain privileged documents except where such
privilege is waived. Privileged documents include but are not limited to
documents subject to the attorney-client, attorney work product, deliberative
process, or other privileges recognized by law.
(c) Administrative record docket. The
department shall establish a docket at an office of the department at which
documents included in the administrative record files shall be located and be
made available for public inspection.
(d) Administrative records for orders. The
department shall establish separate administrative records consisting of the
documents and other papers and materials considered by the director in issuing
an order pursuant to section
128D-17,
HRS.
Notes
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