Open Records - Guide To Hawaii'S Uniform Information Practices Act - Office Of Information Practices - 2015 Page 69
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69practices and the person who requested the decision for which the agency seeks
judicial review by serving a copy of the complaint on each; provided that the of-
fi ce of information practices and the person who requested the decision shall not
be required to participate in the proceeding; and provided further that the court
shall proceed to review the decision pursuant to the rules applicable to a special
proceeding, upon the expiration of time that an answer to the complaint would
otherwise need to be fi led under the rules of court by the offi ce of information
practices or the person upon whom the complaint was served. The offi ce of
information practices or the person who requested the decision may intervene in
the proceeding.
(c) Within thirty days of service of the complaint, the offi ce of information prac-
tices shall fi le a certifi ed copy of the record that it compiled to make its decision
in the circuit court and mail a copy of the index to that record to the appealing
agency. The circuit court’s review shall be limited to the record that was before
the offi ce of information practices when it rendered the decision, unless the cir-
cuit court fi nds that extraordinary circumstances justify discovery and admission
of additional evidence. The circuit court shall uphold a decision of the offi ce of
information practices, unless the circuit court concludes that the decision was
palpably erroneous. [L 2012, c 176, §1]
O
R
- J
2015
69
PEN
ECORDS
UNE
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