(a) A written
opinion shall be made available for inspection and copying no earlier than
seventy-five days, and no later than ninety days, after the notice of intention
to disclose described in section
18-231-19.5-05 is mailed, except as otherwise
provided in this section.
(b) A
person to whom the written opinion pertains may request an extension of the
period set forth in subsection (a) during which the written opinion shall not
be disclosed. This request shall be made in writing, addressed to the
department's technical review office. The department may grant such extension
as it may deem advisable for good cause shown, but in no event shall an
extension be given in excess of one-hundred-eighty days from the date the
notice of intention to disclose was mailed. The department shall notify the
person requesting the extension of its grant or denial of the extension. An
extension granted under this subsection does not affect the period within which
to appeal any decision of the department.
(c) If a person to whom the written opinion
pertains has filed a petition for further segregation with the department under
section
18-231-19.5-07, the department shall not disclose the written opinion
until its decision on the petition has become final, which includes the
expiration of any applicable appeal period. If one-hundred-eighty days have
elapsed after the mailing of the notice of intention to disclose and no appeal
from the department's decision has been properly taken, the department shall
disclose the written opinion.
(d)
If a person has filed a petition for further disclosure with the department
under section
18-231-19.5-08, the department shall not disclose the written
opinion until its decision on the petition has become final, which includes the
expiration of any applicable appeal period. If ninety days, plus any extension
of the ninety-day period granted under subsection (b), have elapsed, the
department shall disclose the written opinion.
(e) If an appeal has been properly taken to
the office of information practices or to a court as specified in section
231-19.5(f),
HRS, the written opinion shall not be disclosed until the decision in the case
has become final, which includes the expiration of any applicable appeal
period. The department and all parties to whom the notice of intention to
disclose was mailed shall be bound by any decision in the appeal that has
become final.
Example: A written opinion is issued on March 1,
1995, and a notice of intention to disclose is mailed on that date. The
disclosure decision is properly appealed to the office of information
practices, which issues a decision on August 1, 1995. No appeal is taken to the
circuit court. The decision is considered to have become final on September 1,
1995, when the applicable appeal period of 30 days expired. On that date, the
decision of the office of information practices shall be treated as binding
upon the department and all persons to whom the notice of intention to disclose
was mailed.
(f) Written opinions of
the department that are available for public inspection and copying shall be
made available at the department's technical review office, 830 Punchbowl
Street, Honolulu, Hawaii, and may be made available at other places designated
by the department. Inspection and copying shall be permitted in the presence of
a department employee during regular business hours. Records shall not be
removed from the technical review office by persons other than authorized
employees of the department. Persons copying any written opinion or the annual
index of written opinions shall pay the fees prescribed by section
231-19.5(i),
HRS.
