Haw. Code R. § 2-71-15 - Extenuating circumstances; incremental disclosures

(a) As used in this chapter, extenuating circumstances exist when:

(1) The agency must consult with another person to determine whether the record is exempt from disclosure under chapter 92F, HRS;

(2) The request requires extensive agency efforts to search, review, or segregate the records, or otherwise prepare the records for inspection or copying;

(3) The agency requires additional time to respond to the request in order to avoid an unreasonable interference with its other statutory duties and functions; or

(4) A natural disaster or other situation beyond the agency's control prevents the agency from sending a notice or responding to the request within ten business days.

(b) When extenuating circumstances are present, and when the requested records are voluminous, an agency may, in good faith, elect to make the records available in increments and shall:

(1) Send a notice in accordance with section 2-71-14; provided that the agency may-instruct the requester in the notice to pay a specified portion of the estimated fees before the agency processes each increment in lieu of making one prepayment under section 2-71-19; and

(2) Disclose each increment within twenty business days after either:

(A) The prior incremental disclosure, when receiving one prepayment in accordance with section 2-71-19; or

(B) Receipt of each incremental prepayment required under this rule.

(c) If an agency processes a request in increments, the agency shall do so until:

(1) All requested records have been disclosed; or

(2) The reguester abandons the request.

Notes

Haw. Code R. § 2-71-15

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