Open Records - Guide To Hawaii'S Uniform Information Practices Act - Office Of Information Practices - 2015 Page 59
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69the following has occurred: the highest
non-judicial grievance adjustment procedure timely
invoked by the employee or the employee’s represen-
tative has concluded; a written decision sustaining
the suspension or discharge has been issued after this
procedure; and thirty calendar days have elapsed fol-
lowing the issuance of the decision, or, for decisions
involving county police department offi cers, ninety
days have elapsed following the issuance of the deci-
sion; provided that subparagraph (B) shall not apply
to a county police department offi cer except in a case
which results in the discharge of the offi cer;
(5) Information relating to an individual’s nongovernmental em-
ployment history except as necessary to demonstrate compliance
with requirements for a particular government position;
(6) Information describing an individual’s fi nances, income, assets,
liabilities, net worth, bank balances, fi nancial history or activities,
or creditworthiness;
(7) Information compiled as part of an inquiry into an individual’s
fi tness to be granted or to retain a license, except:
(A) The record of any proceeding resulting in the discipline of a
licensee and the grounds for discipline;
(B) Information on the current place of employment and re-
quired insurance coverages of licensees; and
(C) The record of complaints including all dispositions;
(8) Information comprising a personal recommendation or
evaluation;
(9) Social security numbers; and
(10) Information that if disclosed would create a substantial and
demonstrable risk of physical harm to an individual. [L 1988, c 262,
pt of §1; am L 1993, c 191, §1; am L 1995, c 242, §1; am L 2004,
c92, §4; am L 2014, c 121, §2; am L 2015, c__, §1]
§92F-15 Judicial enforcement. (a) A person aggrieved by a denial of access to
a government record may bring an action against the agency at any time within
two years after the agency denial to compel disclosure.
(b) In an action to compel disclosure the circuit court shall hear the
matter de novo; provided that if the action to compel disclosure is brought
because an agency has not made a record available as required by section 92F-
15.5(b) after the offi ce of information practices has made a decision to disclose
the record and the agency has not appealed that decision within the time period
provided by 92F-43, the decision of the offi ce of information practices shall not
be subject to challenge by the agency in the action to compel disclosure. Opin-
ions and rulings of the offi ce of information practices shall be admissible and
shall be considered as precedent unless found to be palpably erroneous, except
O
R
- J
2015
59
PEN
ECORDS
UNE
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