HAR §2-71-4. to 2-71-10 (Reserved)

SUBCHAPTER 2 AGENCY PROCEDURES FOR PROCESSING RECORD REQUESTS UNDER PART II OF CHAPTER 92F, HAWAII REVISED STATUTES §2-71-11 Informal requests for access to government records; agency response. (a) Any person may, during an agency's regular business hours, submit an informal request for access to records. (b) Upon receiving an informal request under this section, an agency shall respond to the request by doing one or more of the following: (1) Provide access to any disclosable record requested pursuant to part II of chapter 92F, HRS, in a reasonably timely manner; provided that if the agency will charge the requester $15 or more in fees, pursuant to section 2-71-19, the agency shall inform the person of the amount of fees, or an estimate thereof, before processing the request. (2) Deny access to all or any part of the records requested that will not be disclosed under section 92F-13, HRS, or any other law; 71-4 2156 §2-71-12 provided that if the requester disagrees with the agency's denial, the agency shall advise the·requester of the option of submitting a formal request. (3) Inform the requester that the agency does not maintain the record; or (4) Inform the requester to submit a formal request in accordance with section 2-71-12. (c) When a requester is not satisfied with the agency's response, or its failure to respond, to the informal request, the requester may make a formal request for access to records in accordance with section 2-71-12. (d) A request that complies with section 2-71-12 shall be treated as a formal request under this chapter, unless othe:r:wise agreed upon by the requester and the agency. [Ef f Fl=A 2 6 1999 ] . (Auth: HRS §92F-42) (Imp: HRS §92Y-ll) §2-71-12 Formal requests for access to government records; contents. (a) Any person may, during an agency's regular business hours, submit a formal request for access to records in accordance with this section. (b) A formal request shall be in written, electronic, or other physical form and shall contain the following information: (1) Information that would enable the agency to correspond with or contact the requester; (2) A reasonable description of the requested record to enable agency personnel to locate it with reasonable effort. The description should include, if known, the record name, subject matter, date, location, and any other additional information that reasonably describes the requested record; (3) If applicable, a request for a waiver of fees for searching for, reviewing, or segregating the requested record, when the requester believes that a waiver would serve the public interest in accordance with section 2-71-32; provided that the request states the requester's identity and other facts that support the request for a waiver of fees; and 71- 5 2156 §2-71-12 (4) A request to inspect or obtain a copy of the records described and, if applicable, the means by which the requester would like to receive the copy. [EFF FEB 26 1999] (Auth: HRS §92F-·4 2) (Imp: HRS §92F-ll) §2-71-13 Formal request received; agency response; time limits. {a) When an agency receives a request for access to a record that is: (1) Required to be disclosed under section 92F-12, HRS, in its entirety; or (2) Available for public access in its entirety, The agency shall disclose the record within a reasonable time not to exceed ten business days. (b) When an agency receives a request for access to a record that is not covered by subsection (a), including records that will be segregated, the agency shall: (1) Provide a notice in accordance with section 2-71-14 within ten business days; and (2) Disclose the requested record within five business days after providing notice or, when applicable, after receiving a prepayment under section 2-71-19; provided that the agency may disclose incrementally when authorized under section 2-71-15. (c) When an agency receives a request for access to a record that is not covered by subsection (a), and extenuating circumstances exist in accordance with section 2-71-15, the agency may provide a written acknowledgment within ten business days of the date of the request. The written acknowledgment, if provided, shall state that the notice required under section 2-71-14 shall be sent within a reasonable time not to exceed twenty business days following the date when the agency received the request and shall: (1) Provide a notice in accordance with section 2-71-14 within the time stated in the written acknowledgment; and (2) Disclose the requested record within five business days after providing notice or, when applicable, after receiving a prepayment under section 2-71-19; except where the agency is authorized to disclose incrementally under section 2-71-15. (d) When a unit of an agency receives a request for a record that should have been otherwise directed 71-6 2156 §2-71-14 to another unit of the same agency for a response, the unit receiving the request shall promptly forward the request to the head of the unit's department. (e) When one unit of an agency forwards a request to the head of that department, the duties of this section do not commence until the head receives the request. (f) When an agency receives a request for a record that it does not maintain and reasonably believes that another agency maintains the record, the agency receiving the request shall provide a notice in accordance with section 2-71-14(c) (1). (Eff Fl=A 2 6 1999 ] (Auth: HRS §92F-42) (Imp: 'nrs §92F-ll)