Haw. Code R. § 2-71-13 - Formal request received; agency response; time limits

(a) When an agency receives a request for access to a record that is:

(1) Required to be disclosed under section 92F-12, HRS, in its entirety; or

(2) Available for public access in its entirety, The agency shall disclose the record within a reasonable time not to exceed ten business days.

(b) When an agency receives a request for access to a record that is not covered by subsection (a), including records that will be segregated, the agency shall:

(1) Provide a notice in accordance with section 2-71-14 within ten business days; and

(2) Disclose the requested record within five business days after providing notice or, when applicable, after receiving a prepayment under section 2-71-19; provided that the agency may disclose incrementally when authorized under section 2-71-15.

(c) When an agency receives a request for access to a record that is not covered by subsection (a), and extenuating circumstances exist in accordance with section 2-71-15, the agency may provide a written acknowledgment Within ten business days of the date of the request. The written acknowledgment, if provided, shall state that the notice required under section 2-71-14 shall be sent within a reasonable time not to exceed twenty business days following the date when the agency received the request and shall:

(1) Provide a notice in accordance with section 2-71-14 within the time stated in the written acknowledgment; and

(2) Disclose the requested record within five business days after providing notice or, when applicable, after receiving a prepayment under section 2-71-19; except where the agency is authorized to disclose incrementally under section 2-71-15.

(d) When a unit of an agency receives a request for a record that should have been otherwise directed to another unit of the same agency for a response, the unit receiving the request shall promptly forward the request to the head of the unit's department.

(e) When one unit of an agency forwards a request to the head of that department, the duties of this section do not commence until the head receives the request.

(f) When an agency receives a request for a record that it does not maintain and reasonably believes that another agency maintains the record, the agency receiving the request shall provide a notice in accordance with section 2-71-14(c)(1).

Notes

Haw. Code R. § 2-71-13

[Eff FEB 26 1999] (Auth: HRS § 92F-42) (Imp: HRS § 92F-11)