Haw. Code R. § 2-71-31 - Fees for searching for, reviewing, and segregating records; exceptions

(a) When an agency intends to charge fees pursuant to section 2-71-19(a)(1), the agency shall charge the following fees, except as otherwise provided in subsection (b):

(1) For a search for the record, $2.50 per fifteen minutes or fraction thereof;

(2) For the review and segregation of the record, $5 per fifteen minutes or fraction thereof; and

(3) If applicable, the actual rate of charge, based upon time expenditure, that is charged to the agency by a person other than the agency for services to assist the agency in the search for the record.

The agency shall not assess the first $3 0 in total amount of the fees under paragraphs (1) and (2).

(b) For those agencies which, by statute, are required to recover actual costs, in lieu of the fees set forth in subsection (a), an agency may establish fees, by rule, that do not exceed in their totality the actual costs incurred from searching for, reviewing, and segregating records. The fees may include:

(1) The actual time expended by personnel in performing the search, review, or segregation of the record; and

(2) Where the information requested is part of an electronic database or other electronic method of information storage, the actual cost of:

(A) Modifications to existing programming capacity; or

(B) Additional equipment or software used to search for, review, or segregate the information.

(c) Before initiating the rulemaking process under chapter 91, HRS, an agency that will establish fees under subsection (b) shall submit to the OIP for review a copy of the rule, including any amendments, setting forth the fees.

(d) No fees may be assessed by the agency under this section for the search for, review, or segregation of a record when:

(1) It is not necessary for the agency to search for, review, or segregate a record in order to permit inspection or duplication of the requested record; and

(2) To the extent permitted by section 2-71-32, the agency finds that the public interest would be served by a waiver of these fees.

(e) An agency may waive the fees for any agency or any federal or foreign government entity requesting access to a government record.

Notes

Haw. Code R. § 2-71-31

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