Open Records - Guide To Hawaii'S Uniform Information Practices Act - Office Of Information Practices - 2015 Page 65
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69a concise statement setting forth the reasons for the individual’s dis-
agreement with the refusal of the agency to correct or amend it; and
(2) Notify the individual of the applicable procedures for obtaining
appropriate judicial remedy. [L 1988, c 262, pt of §1; am L 1989, c
192, §6]
§92F-26 Rules. The offi ce of information practices shall adopt rules, under
chapter 91, establishing procedures necessary to implement or administer this
part, which the agencies shall adopt, insofar as practicable, in order to ensure
uniformity among state and county agencies. [L 1988, c 262, pt of §1; am L
1989, c 192, §7]
§92F-27 Civil actions and remedies. (a) An individual may bring a civil ac-
tion against an agency in a circuit court of the State whenever an agency fails
to comply with any provision of this part, and after appropriate administrative
remedies under sections 92F-23, 92F-24, and 92F-25 have been exhausted.
(b) Opinions 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 that the opinion or ruling upholding the agency’s denial of
access to the aggrieved person shall be reviewed de novo. The circuit court may
examine the record at issue, in camera, to assist in determining whether it, or any
part of it, may be withheld.
(c) In any action brought under this section the court may order the
agency to correct or amend the complainant’s personal record, to require any
other agency action, or to enjoin such agency from improper actions as the court
may deem necessary and appropriate to render substantial relief.
(d) In any action brought under this section in which the court deter-
mines that the agency knowingly or intentionally violated a provision of this
part, the agency shall be liable to the complainant in an amount equal to the sum
of:
(1) Actual damages sustained by the complainant as a result of the
failure of the agency to properly maintain the personal record, but in
no case shall a individual complainant entitled to recovery receive
less than the sum of $1,000; and
(2) The costs of the action together with reasonable attorney’s fees
as determined by the court.
(e) The court may assess reasonable attorney’s fees and other litiga-tion
costs reasonably incurred against the agency in any case in which the complain-
ant has substantially prevailed, and against the complainant where the charges
brought against the agency were frivolous.
(f) An action may be brought in the circuit court where the complainant
resides, the complainant’s principal place of business is situated, or the com-
plainant’s relevant personal record is situated. No action shall be brought later
than two years after notifi cation of the agency denial, or where applicable, the
O
R
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2015
65
PEN
ECORDS
UNE
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