Haw. Code R. § 2-71-14 - Agency's notice

(a) When the agency intends to disclose a record in response to a formal request, the agency's written notice to the requester shall state:

(1) The location where the record will be made available to the requester in accordance with section 2-71-18;

(2) The following information about fees, if applicable:

(A) A good faith estimate of all fees that will be charged to the requester under section 2-71-19;

(B) Whether a requested waiver has been granted under section 2-71-32; and

(C) The amount of prepayment required, if any.

(3) Instructions, if any, regarding any additional arrangements that the requester must make with the agency to inspect or copy the records;

(4) When the agency will make the record available to the requester under section 2-71-13; and

(5) A description of extenuating circumstances, if any, under section 2-71-15, and, if it is the case, the agency's intent to disclose the records incrementally.

(b) When the agency intends to deny access to all or part of the information in the requested record, the agency's notice to the requester 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, HRS, or other laws.

(c) When an agency is unable to disclose a record, the agency's notice shall state that the agency is unable to disclose the requested record, or part thereof, because:

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

(2) The agency 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 agency to create a summary or compilation of information from records that is not readily retrievable.

Notes

Haw. Code R. § 2-71-14

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