Open Records - Guide To Hawaii'S Uniform Information Practices Act - Office Of Information Practices - 2015 Page 60
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69that in an action to compel disclosure brought by an aggrieved person after the
offi ce of information practices upheld the agency’s denial of access to the person
as provided in section 92F-15.5(b), the opinion or ruling upholding the agency’s
denial of access shall be reviewed de novo. The circuit court may examine the
government record at issue, in camera, to assist in determining whether it, or any
part of it, may be withheld.
(c) The agency has the burden of proof to establish justifi cation for non-
disclosure.
(d) If the complainant prevails in an action brought under this section,
the court shall assess against the agency reasonable attorney’s fees and all other
expenses reasonably incurred in the litigation.
(e) The circuit court in the judicial circuit in which the request for the
record is made, where the requested record is maintained, or where the agency’s
headquarters are located shall have jurisdiction over an action brought under this
section.
(f) Except as to cases the circuit court considers of greater importance,
proceedings before the court, as authorized by this section, and appeals there-
from, take precedence on the docket over all cases and shall be assigned for
hearing and trial or for argument at the earliest practicable date and expedited in
every way. [L 1988, c 262, pt of §1; am L 1989, c 192, §3; am L 2012, c 176, §4]
§92F-15.3 Notice to the offi ce of information practices. When fi ling a civil
action that is under, related to, or is affected by this chapter, a person shall notify
the offi ce of information practices in writing at the time of the fi ling. The offi ce
of information practices may intervene in the action. [L 1998, c 82, §1]
§92F-15.5 Alternative method to appeal a denial of access. (a) When an
agency denies a person access to a government record, the person may appeal
the denial to the offi ce of information practices in accordance with rules adopted
pursuant to section 92F-42(12). A decision to appeal to the offi ce of information
practices for review of the agency denial shall not prejudice the person’s right to
appeal to the circuit court after a decision is made by the offi ce of information
practices.
(b) If the decision is to disclose, the offi ce of information practices shall
notify the person and the agency, and the agency shall make the record avail-
able. If the denial of access is upheld, in whole or in part, the offi ce of informa-
tion practices shall, in writing, notify the person of the decision, the reasons for
the decision, and the right to bring a judicial action under section 92F-15(a). [L
1989, c 192, §1]
[§92F-16] Immunity from liability. Anyone participating in good faith in the
disclosure or nondisclosure of a government record shall be immune from any
liability, civil or criminal, that might otherwise be incurred, imposed or result
from such acts or omissions. [L 1988, c 262, pt of §1]
60
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