Haw. Code R. § 13-300-4 - Government records

(a) Department records relating to historic sites and burial sites shall be made available for public inspection at the department during regular business hours, except:

(1) Records relating to the location and description of historic sites including burial sites, and human skeletal remains and any burial goods, deemed sensitive by the council or review board, shall be exempt from the public disclosure requirements of section 92F-12, HRS. Location records include information regarding the island, district, ahupua'a, tax map key, address, or site map where a burial site is identified. Description records include information describing burial site features, human skeletal remains including genealogical information, or burial goods.

(A) Any person may request the council or review board to deem a specific location or description record sensitive. When considering a request, the council or review board may close the meeting to discuss the potential sensitivity of the record.

(B) Where a location or description record is deemed sensitive, the department shall undertake every reasonable effort to secure the record and restrict access.

(C) Access to sensitive records shall be allowed by written consent of the appropriate council or review board only where the department needs to review the record to protect the burial site from harm, notify known lineal or cultural descendants of the harm, or evaluate the ethnicity and significance of burial sites proximately located;

(2) Where records are open under any rule of court, the attorney general may determine which records may be withheld from public inspection when the records:

(A) Pertain to the preparation of the prosecution or defense of any action to which the State is or may be a party; or

(B) Are necessary for the protection of the character or reputation of any person; or

(3) Government records which are exempt pursuant to section 92F-13, HRS.

(b) Photocopies of government records, certified copies of extracts from government records, or government records printed or reproduced by the department in quantity shall be given to any person requesting the same by paying the fees established by the department, or by law.

(c) Requests for information, permission to inspect official records, or for copies of government records shall be processed by the department with due regard for the dispatch of other public duties.

Notes

Haw. Code R. § 13-300-4

[Eff SEP 28 1996] (Auth: HRS §§ 6E-43.5, 91-2) (Imp: HRS §§ 6E-43, 6E-43.5, 6E-43.6, 91-2, 92F-12, 92F-13)