Open Records - Guide To Hawaii'S Uniform Information Practices Act - Office Of Information Practices - 2015 Page 30
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69ENFORCEMENT PROVISIONS
Appeal to OIP (HRS § 92F-42(1))
A requester who has been denied access to government or personal
records may seek the assistance of OIP as a neutral third party.
Among other things, OIP has the power to investigate, may exam-
ine the agency’s records, and may recommend disciplinary action
to appropriate offi cers of an agency. HRS § 92F-42. OIP’s review
is not a contested case proceeding subject to HRS Chapter 91, and
is optional and without prejudice to the requester’s right to seek
judicial enforcement. HRS § 92F-42(1). The agency has the bur-
den of proof to establish justifi cation for the nondisclosure of the
requested records. HRS § 92F-15(c). If OIP determines that the
record must be disclosed, then the agency shall make the record
available to the requester, unless the agency fi les a timely appeal
to the courts. See HRS §§ 92F-15.5(b), 92F-27.5(b), and 92F-43.
A requester does not need to appeal to OIP before bringing
an action in court, but may choose to appeal to OIP fi rst and then
later appeal to the court, if necessary. OIP’s formal opinions and
rulings are admissible in court and shall be considered as precedent
unless found to be palpably erroneous. HRS §§ 92F-15(b) and 92F-
43(c). If OIP upheld the agency’s denial of access, however, the
opinion or ruling is reviewed de novo by the court in an action by
the requester to compel disclosure. HRS § 92F-15(a).
Appeal to the Court from
an Agency’s Denial of Access
to Government Records (HRS § 92F-15)
Within two years after the agency’s denial, a person aggrieved by
a denial of access to a government record may bring an action to
compel disclosure in the circuit court, which shall be heard on an
expedited basis. It is not necessary for a requester to seek OIP’s
assistance before fi ling a court action. If, however, OIP has made
a decision that a record must be disclosed and the agency failed
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