HAR §2-73-12. Timing and content of appeal to OIP

(a) An appeal shall be filed with the director within the following time limits, whichever is applicable: (1) For an appeal of a denial of access to records under chapter 92F, HRS, that was based on a written request, within one year after: (A) Receipt of the agency's written denial of access; or (B) Receipt of the agency's written partial denial of access; or (C) Where the agency does not provide a written response to the request, the last day of the time period provided for the agency's written response under chapter 92F, HRS, and chapter 2-71. (2) For an appeal of a decision by the department of taxation concerning the disclosure of a written opinion, within the time period set for appeal to OIP under chapter 231, HRS; 3063 (3) Within six months after a board's action that the appellant contends was in violation of part I of chapter 92, HRS; or (4) For an appeal to determine the applicability of part I of chapter 92, HRS, to discussions or decisions of a public body, at any time during the public body's existence. {b) An appeal shall include sufficient information about the appellant to enable OIP to contact and correspond with appellant. {c) An appeal based on the denial of records or information under chapter 92F, HRS, shall clearly identify or describe the records or information to which access has been denied and for which appellant is seeking review, and shall include a copy of the agency's written denial of access or a copy of the appellant's written statement that the agency has failed to respond to the request for records or information within the time period provided by chapter 92F, HRS, and chapter 2-71. Where an otherwise substantiated appeal is submitted regarding an agency's denial of any record request under chapter 92F, HRS, OIP may accept such 73-8 3063 73-9 appeal, at the director's discretion, without written documentation of the request or agency response. (d) An appeal based on part I of chapter 92, HRS, shall clearly identify what action or actions of a board the appellant contends were not in compliance with that part, or the public body whose discussions and decisions the appellant contends are subject to that part. (e) The request for appeal may include: (1) A statement of relevant facts; (2) A discussion of the appellant's basis for disagreeing with the agency's or the board's actions or for believing that part I of chapter 92, HRS, applies to the public body; and (3) Any other information the appellant provides to OIP for its consideration in ruling on the appeal. [Eff DEC 3 1 2012 (Auth: HRS §§92-1.5, 92F-42(1), (12), (17)) (Imp: HRS §§92-1.5, 92F-15.5, 92F-27.5, 92F-42(18), 231-19.5) § 2-73-13 OIP's response to appeal; OIP's notice of appeal. (a) When the director receives an appeal, the director shall initially review the appeal to 306J assess whether the appeal complies with the requirements of section 2-73-12 before accepting the appeal. Within five business days after accepting an appeal, the director shall either: (1) Notify the appellant that the appeal will not be heard and specify the reasons why the appeal is not warranted or the additional information that OIP requires; or (2) Issue a notice of appeal to the appellant and the agency whose action is being appealed. (b) OIP's notice of appeal shall include a description of the general appeal procedures that OIP will follow in resolving the appeal and shall set out the responsibilities of the parties in responding to the appeal. (c) The director shall send to the agency a copy of the appeal filed by the appellant, together with OIP's notice of appeal. [Eff ] (Auth: DEC 3 1 2012 HRS § § 9 2 -1 . 5, 9 2 F-4 2 ( 1 ) , ( 12 ) ) (Imp: HRS §§92-1.5, 92F-15.5, 92F-27 .5, 92F-42 (17), (18), 231-19.5)