Open Records - Guide To Hawaii'S Uniform Information Practices Act - Office Of Information Practices - 2015 Page 9
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69Which Organizations Does the UIPA Cover?
All agencies of the state and county governments must comply
with the UIPA.
“Agency” is defi ned broadly to encompass all state and county
government units, including corporations or other establishments
owned, operated, or managed by or on behalf of the state or any
county. It covers the executive, legislative, and judicial branches
of state and county government, but specifi cally excludes the
nonadministrative functions of the Judiciary. This means that
court records related to the adjudication of a legal matter are
not subject to the UIPA — access is governed by court rules
instead.
FAQ:
I want to get the transcript of a hearing in my divorce
case. I was referred to a court reporter who told me I
need to pay $120 to get a copy. Shouldn’t I be able to
get it for less under the UIPA?
A court hearing is part of the Judiciary’s nonadmin-
istrative functions and, therefore, access to records
maintained by the Judiciary as part of that hearing,
including a transcript and any documents fi led with
the court, is governed by the court’s rules and not the
UIPA.
What Records Does the UIPA Cover?
The UIPA requires agencies to disclose all “government records.”
This term is defi ned broadly to include any information maintained
by an agency that is recorded in any physical form.
OIP has interpreted “maintained” to mean information physically
possessed or administratively controlled by an agency. An agency
has administrative control over a record where it has the right to
gain access to the record. For example, where an agency contracts
O
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2015
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PEN
ECORDS
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