HAR §2-73-15. Other procedures for appeal

(a) OIP may permit participation in an appeal by one or more third persons upon written request, and may determine the extent to which the persons may participate. The written request for participation shall state the reason for the request, which OIP shall consider in determining whether to allow the third person's participation. Participation by a third person may be based on the third person's interest in the outcome of the appeal, and may include situations where the third person is referred to in, or was the source of, a record whose disclosure is at issue; situations in which the third person could be affected by the outcome of the appeal; and situations in which the third person's participation would offer a relevant perspective different from those of the original parties. (b) OIP may request that parties other than the agency submit a written statement to OIP. In the event that parties other than the agency will be submitting statements, OIP shall set a briefing timetable for such statements and any responses thereto and may set requirements as to the form and content of statements and responses submitted. 73-12 )06) 306 3 (c) OIP may require any party to submit to OIP the original or a copy of one or more documents necessary for its ruling, including government records or minutes at issue in an appeal. OIP may examine the documents in camera as necessary to preserve any claimed exception, exemption, or privilege against disclosure. OIP shall take measures necessary to protect any records submitted for in camera review from unauthorized disclosure. (d) If OIP requires the agency to provide, for OIP's in camera review, documents that the agency asserts are protected by the attorney-client privilege as well as the relevant exception or exemption to disclosure, OIP shall: (1) Review the record submitted solely for the purpose of assessing application of the claimed exception or exemption; (2) Return or destroy the record as directed by the agency upon issuance of a final decision of the appeal; and (3) Prevent the voluntary disclosure of the record or information contained in the record. 73-13 306 3 . I ,I Upon request, OIP may allow an agency to provide such a record in redacted form for OIP's in camera review, if OIP determines that application of the exception or exemption may be determined by review of the redacted record. (e) OIP may, orally or in writing, seek any additional information from a party or any other person, and may consider input or relevant materials from any person on pending appeals. A party or other person's contact with OIP may be ex parte except as provided in subsection (k) below. (f) OIP may take notice of generally known and accepted facts. (g) OIP may consolidate appeals that have similar issues or facts, or similarly situated parties. (h) OIP may, at a party's request or on OIP's own initiative, request that the parties participate in a mediation of the appeal or any issue in the appeal, upon terms set by OIP. (i) OIP may request any party or witness to attend in person, by telephone, or by another means, an informal conference arranged by OIP for any purpose that will assist in the resolution of the appeal, including but not limited to questioning the parties or 73-14 witnesses, hearing oral argument of the parties, narrowing the issues, or seeking an informal resolution of the appeal. (j) OIP shall, in its discretion, determine which procedures are best suited to fairly and expeditiously resolve each appeal consistent with the intent and purposes of the applicable law. (k) OIP may require a party to provide to any other party a copy of a statement or other document submitted to OIP. When a party is required to provide a copy of a document to another party, delivery shall be on the same date that the document is submitted to OIP by first class mail, e-mail, facsimile, or personal delivery. If a party is not properly provided with copies under this rule, OIP may order an extension of time limits or any other appropriate remedy. [Eff DEC 3 1 2012 ] (Auth: HRS §§92-1.5, 92F-42(1), (4), (5), (12), (17), (18)) (Imp: HRS §§92-1.5, 92F-ll, 92F-15, 92F­ 15.5, 92F-27.5, 92F-42(5), (17), (18), 231-19.5)