Haw. Code R. § 17-400.1-17 - Requests to inspect or obtain copies of government or personal records

(a) All requests, informal or formal, to inspect or obtain copies of government or personal records maintained by the division, shall be processed in accordance with title 2, chapter 71, Hawaii Administrative Rules, of the office of information practices (OIP) pertaining to agency procedures and fees for processing government record requests and, as appropriate, in accordance with section 17-401.1-35 pertaining to confidentiality, and this section.

(1) Requests to inspect or obtain copies of government or personal records maintained by a unit (branch or section) of the division shall be processed by the unit in accordance with this section.

(2) A record of each request processed by a unit including the amount of fees assessed or waived, or both, shall be submitted to the division administrator upon processing of each request, for reporting to the OIP as required.

(b) When the division, branch or section is unable to disclose a record, a written notice to the requester shall be prepared, in accordance with section 2-71-14(c) of the OIP rules, and shall state that the division is unable to disclose the requested record, or part thereof, because:

(1) The division does not maintain the record, and may provide the name and address of another agency that the division reasonably believes may maintain the requested record;

(2) The division requires a further description or clarification of the requested record in order to identify and search for the record; or

(3) The request requires the division to create a summary or compilation of information from records that is not readily retrievable.

(c) When the division, branch or section intends to deny access to all or part of the information requested, a written notice to the requester shall be prepared in accordance with section 2-71-14(b) of the OIP rules, and shall state:

(1) The specific record or parts of the record that will not be disclosed; and

(2) The specific legal authorities under which the request for access is denied under section 92F-13, Hawaii Revised Statutes, or other laws.

Notes

Haw. Code R. § 17-400.1-17

[Eff AUG 13 2007] (Auth: HRS §§ 91-2, 92F-11) (Imp: HRS § 91-2, 92F-11)