Open Records - Guide To Hawaii'S Uniform Information Practices Act - Office Of Information Practices - 2015 Page 24

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Agency Appeals of OIP Decisions
An agency may appeal an OIP decision to the courts in accordance
with section 92F-42, HRS. An agency appeal must be fi led within
30 days of OIP’s decision, and notice must be given to OIP and
the person who requested the decision. OIP and the person who
requested the decision are not required to participate in the
proceeding, but may intervene.
The court’s review is limited to the record that was before OIP,
unless the court fi nds that extraordinary circumstances justify
discovery and admission of additional evidence. The circuit court
must uphold an OIP decision unless it concludes the decision was
palpably erroneous.
For more information, see OIP’s Guide to Appeals to the Offi ce of
Information Practices, available on OIP’s website at oip.hawaii.
gov.
Criminal Penalties (§92F-17)
The UIPA imposes criminal penalties upon:
(1) A government worker who intentionally
discloses a government record or information,
despite being aware that a statute
specifi cally makes that record or information
confi dential; and
(2) Anyone who uses false pretense, bribery, or
theft to intentionally access a government
record or information that he or she knows is
confi dential.
The UIPA specifi cally provides immunity from civil or criminal
liability to an employee who discloses a record or denies access
to a record in good faith.
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ECORDS
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