HAR §2-71-14. Agency's notice

(a) When the agency intends to disclose a record in response to a formal request, the agency's written notice to the requester shall state: (1) The location where the record will be made available to the requester in accordance with section 2-71-18; (2) The following information about fees, if applicable: (A) A good faith estimate of all fees that will be charged to the requester under section 2-71-19; (B) Whether a requested waiver has been granted under section 2-71-32; and (C) The amount of prepayment required, if any. (3) Instructions, if any, regarding any additional arrangements that the requester must make with the agency to inspect or copy the records; (4) When the agency will make the record available to the requester under section 2-71-13; and (5) A description of extenuating circumstances, if any, under section 2-71-15, and, if it is the case, the agency's intent to disclose the records incrementally. (b) When the agency intends to deny access to all or part of the information in the requested record, the agency's notice to the requester shall state: 71-7 2156 §2-71-14 (1) The specific record or parts of the record that will not be disclosed; and (2) The specific legal authorities under which the request for access is denied under section 92F-13, HRS, or other laws. (c) When an agency is unable to disclose a record, the agency's notice shall state that the agency is unable to disclose the requested record, or part thereof, because: (1) The agency does not maintain the record, and the agency may provide the name and address of another agency that, as the agency reasonably believes, may maintain the requested record; (2) The agency requires a further description or clarification of the requested record in order to identify and search for the record; or (3) The request requires the agency to create a summary or compilation of information from records that is not readily retrievable. [Eff t Etll 6 1999 ] (Auth: HRS §92F-42) (Imp: HRS§ 92F-ll) §2-71-15 Extenuating circumstances; incremental disclosures. (a) As used in this chapter, extenuating circumstances exist when: (1) The agency must consult with another person to determine whether the record is exempt from disclosure under chapter 92F, HRS; (2) The request requires extensive agency efforts to search, review, or segregate the records, or otherwise prepare the records for inspection or copying; (3) The agency requires additional time to respond to the request in order to avoid an unreasonable interference with its other statutory duties and functions; or (4) A natural disaster or other situation beyond the agency's control prevents the agency from sending a notice or responding to the request within ten business days. (b) When extenuating circumstances are present, and when the requested records are voluminous, an agency may, in good faith, elect to make the records available in increments and shall: 71-8 2156 §2-71-16 (1) Send a notice in accordance with section 2-71-14; provided that the agency may instruct the requester in the notice to pay a specified portion of the estimated fees before the agency processes each increment in lieu of making one prepayment under section 2-71-19; and (2) Disclose each increment within twenty business days after either: (A) The prior incremental disclosure, when receiving one prepayment in accordance with section 2-71-19; or (B) Receipt of each incremental prepayment required under this rule. (c) If an agency processes a request in increments, the agency shall do so until: (1) (2) All requested records have been disclosed; or The requester abandons the request. [EFF FEB 26 1999] (Auth: HRS §92F-42) (Imp HRS §92F-11) §2-71-16 Requester's responsibilities; abandonment of request. (a) The requester shall: (1) Pay any fees assessed by the agency in accordance with sections 2-71-15 or 2-71-19, whichever is applicable; (2) Make any arrangements with the agency to inspect and copy the disclosable record as instructed by the agency's notice; and (3) If able, provide the agency with further clarification or description of the requested record if so requested by the agency's notice under section 2-71-14. (b) The requester shall be presumed to have abandoned the record request, and the agency shall have no duty to further process the request, when the requester fails to comply with subsection (a) within twenty business days after, whichever of the following is applicable: (1) The postmark date of the agency's notice; or (2) The date that the agency made the record available under sections 2-71-13 or 2-71-15 if the requester was informed in a reasonable manner as to when and where the record would be made available. [Eff FEB 26 1999] (Auth: HRS §92F-42) (Imp: . HRS §92F-11) 2156 71-9 ] (a) (a) §2-71-17