HAR §16-54-3
HAR §16-54-3. Individuals access to personal records
Cite as Haw. Code R. § 16-54-3
(a) An individual seeking
access to the individual's personal records shall make a request in writing on a form
provided by the department. The request shall be submitted to the division which the
individual believes maintains the personal record.
(b)
Prior to production of the personal record, the division may require
the requesting individual to produce verification of identity such as a driver's license
or other photo identification.
(c)
Except as provided in subsection (d), within ten working days
following the date of receipt of the request the division shall permit the individual to
review the record. The ten day period may be extended for an additional twenty
working days if the division provides to the individual within the initial ten working
days, a written explanation of the unusual circumstances causing the delay.
(d)
The individual may be denied access to the record if:
(1)
The request is exempted under section 92E-3, HRS; or
(2)
The individual is unable to produce verification of identity in
accordance with this chapter.
Where the division denies access to the record, it shall provide to the individual, in
writing, the reasons therefor within the time period prescribed in subsection (c).
(e)
The individual reviewing the file may request a copy of any portion
or all of the individual's personal record. The copy shall be provided within the time
period prescribed in subsection (c). The division shall charge the individual for any
copies and for certification of copies. The cost shall include the cost of duplication,
transcription of the record, if necessary, and any search required to find the records
involved.
(f)
At the request of the individual, the division shall provide an
explanation of any machine readable code or any code or abbreviation which is
employed for internal division or departmental use and which is contained in the
record. [Eff 1/6/86] (Auth: §§26-9, 91-2, 92E-10) (Imp: HRS §§92E-2, 92E-3,
92E-6, 92E-7)
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