Open Records - Guide To Hawaii'S Uniform Information Practices Act - Office Of Information Practices - 2015 Page 37
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69Step 1 – Determine Whether the Agency
Has the Requested Record
A. Identify the Record.
If a request is unclear, the agency may request more information
in its notice to requester, explained below, or may simply contact
the requester informally and ask.
FAQ:
Our agency received a request for X. I believe that
the requester is really seeking Y. May I contact the
requester to see which record he wants?
Yes. The agency may formally ask for clarifi cation
in the required notice, but the agency generally
should attempt to clarify the request before sending
the required notice in order to expedite the agency’s
response.
B. Determine if the Agency or a Unit of the
Agency Maintains the Record.
The agency must make an initial determination of whether any
unit or division of the agency “maintains” the requested record.
As explained above, an agency “maintains” a government record if
the record is in the physical possession of the agency and/or under
its administrative control.
Under OIP’s administrative rules, if one unit or division receives
a request for a record that is maintained by another unit or
division within the agency, then it must forward the request to the
appropriate unit or division. The time for response to the request
will then begin to run once the request is received by the unit or
division that maintains the record. See HAR § 2-71-13(d).
O
R
- J
2015
37
PEN
ECORDS
UNE
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