Open Records - Guide To Hawaii'S Uniform Information Practices Act - Office Of Information Practices - 2015 Page 23
ADVERTISEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69ENFORCEMENT PROVISIONS
Appeal of an Agency Denial of Access
to Government Records
(HRS §§ 92F-15, -15.3 & -15.5)
An individual who has been denied access to a government record
may appeal that denial in two ways. The requester may:
(1)
Appeal to the OIP; and/or
(2)
Bring a legal action against the agency in circuit
court within two years of the agency’s denial of
access.
An individual does not need to appeal to OIP before bringing an
action in court, but may choose to do so fi rst then later appeal to
the court, if necessary. If OIP determines that the record must
be disclosed, “the agency shall make the record available.” HRS §
92F-15.5(b). An appeal to the court is considered on an expedited
basis. The person fi ling an appeal to the court must give notice
to OIP of the written fi ling.
If the court orders the agency to disclose a record that the
agency denied access to, the court must order the agency to pay
the requester his or her reasonable attorney’s fees and all other
expenses reasonably incurred in the litigation.
If a requester fi les a lawsuit to compel disclosure by an agency
that failed to make a record available after OIP issued a decision
that the agency should disclose (and the agency has not appealed
OIP’s decision), OIP’s decision is not be subject to challenge by
the agency in the action to compel disclosure.
OIP’s formal opinions are admissible in court as precedent unless
found to be palpably erroneous. In an action to compel disclosure
brought by a person after OIP upheld the agency’s denial, the
opinion or ruling upholding the agency’s denial of access shall be
reviewed de novo.
O
R
- J
2015
23
PEN
ECORDS
UNE
ADVERTISEMENT
0 votes
Related Articles
Related forms
Change Of Registered Agent's Address Form - Foreign Corporation Office Of The Secretary Of The State
Legal
Application For Welder's Test - Unrestricted License Form - Office Of The Fire Commissioner
Business
Related Categories
Parent category: Legal