Haw. Code R. § 12-43-7 - Confidential information

(a) Notwithstanding any other rule to the contrary, a party shall not include:

(1) confidential information, including the information enumerated in section 92F-14, HRS, in which an individual may have a significant privacy interest; and

(2) any personal information, as defined in section 487N-1, HRS, in any document submitted to, or filed with, the board.

(b) All confidential or personal information that is not relevant to a proceeding shall be redacted from documents before filing or submitting the documents to the board. If the confidential or personal information is relevant to a proceeding, the confidential or personal information shall be removed from documents and shall be filed with or submitted to the board in a format that substantially conforms to Forms 1 and 2 of the Hawaii Court Records Rules. "Confidential or personal information" includes social security numbers, birth dates, home addresses, bank account numbers, medical and health records, and any other information in which a person has a significant privacy interest.

(c) If the party submitting or filing a document containing confidential or personal information believes that the information is relevant to the proceeding and that the use of a form substantially similar to Form 2 of the Hawaii Court Records Rules is not adequate to protect the confidentiality or personal interest, the party may request by motion that the board accept the confidential or personal information under seal.

(d) To the extent that any confidential or personal information is not redacted and is or may be part of a record on appeal of a contested case which is subject to judicial review pursuant to chapters 89, 377, 396, or 91, HRS, if the party submitting or filing the document without redaction is an individual or entity with the confidentiality or personal interest, then such interest is waived and such document shall not be altered (whether by redaction or otherwise) unless permitted by the board in its discretion upon motion duly made.

(e) Upon motion or upon the board's own initiative, the board may permit or order redaction of confidential or personal information contained in documents previously filed with or submitted to the board. In such event, the redacted version shall replace the unredacted version in the board's files.

(f) The board may impose sanctions and penalties upon parties or the parties' attorneys or representatives who do not comply with this section, where the parties or the parties' attorneys or representatives have not shown good cause for failure to comply. Penalties may include monetary penalties not to exceed $1,000 per page.

Notes

Haw. Code R. § 12-43-7

Eff 10/21/2022 (Auth: HRS §§ 89-5, 377-11, 396-11.5) (Imp: HRS §§ 89-5, 89-14, 377-9, 396-11.5)