HAR §17-15-1
HAR §17-15-1. Definitions
Cite as Haw. Code R. § 17-15-1
As used in this
chapter:
"Individual"
shall
be as defined
in
section
92F-3,
HRS.
"Personal
record"
shall
be as defined
in
section
92F-3,
HRS.
"Government
record"
shall
be as defined
in
section
92F-3,
HRS.
[Eff
11/5/84;
am and camp bpp '? 3 1995
]
(Auth:
HRS §§26-38,
92F-11)
(Imp:
HRS §§92F-3)
§17-15-2
Conflict
with
division
rules.
This
chapter
is
general
in nature
and is
superseded
by the
rules
adopted
by a division
where
applicable.
[Eff
11/W%
cow
APR 1 3 1995
] (Auth:
HRS §§26-38,
346-14,
348-3)
(Imp:
HRS §§26-38,
346-14,
348-3)
§17-15-3
Government
records.
(a)
Government
records
shall
be available
for
inspection
in accordance
with
section
92F-11,
HRS and this
chapter.
(b)
Requests
to
inspect
or obtain
copies
of
government
records
shall
be made in writing
to the
department.
The-request
shall
identify
or describe
the
government
record
and state
the
purpose
for
which
the
15-1
4
$j17-15-3
request
is made.
(c)
When denying
a request
for
inspection
of
government
records,
the
department
shall
state
its
reason
for
refusal
and procedures
for
review
of the
refusal.
(d)
A reasonable
fee,
determined
in accordance
with
section
92-21,
HRS, shall
be charged
for
copies
of
government
records
furnished.
cow
APR 1 3 1995
[Eff
11/5/84;
am and
] (Auth:
HRS §26-38,)
(Imp:
HRS
Sfs91-2,
92F-11)
§17-15-4
Access
of
individual
to own nersonal
record.
(a)
An individual's
request
for
access
to the
individual's
personal
record
may be made either
verbally
or in writing
to the
department.
Unless
exempted
by section
923-22,
HRS, other
applicable
law,
or this
chapter,
the
personal
record
shall
be made
available
for
review
during
the
normal
business
hours
of the
department.
The individual
shall
provide
adequate
identification
prior
to this
review.
(b)
The department
shall
furnish
a copy of the
personal
record
when requested
by the
individual.
Charges
shall
be determined
in accordance
with
section
92-21,
HRS.
(c)
The agent
of an individual,
when so
designated
and authorized
in writing
by the
individual,
shall
have access
to the
personal
record
of the
individual
as provided
in this
section.
(d)
When denying
the
request
for
access
to
an
individual's
personal
record,
the
department
shall
inform
the
individual
in writing
of
its
refusal,
the
reason
for
the
refusal,
and procedures
for
review
of
the
refusal.
[Eff
11/5/84;
am and camp APR '1 f 1995
]
(Auth:
HRS §§26-38,
346-14)
(Imp:
HRS §§92F-21,
92F-
22,
92F-23)
§17-15-5
Correction
or amendment
of a nersonal
record.
To correct
or amend a personal
record
in
accordance
with
section
92F-24,
HRS, the
individual
shall
submit
a written
request
to the
department
that
contains
the
following
information:
(1)
Name and address
of the
individual;
(2)
Title
of the
personal
record;
(3)
Information
to be corrected
or amended;
and
(4)
Supporting
evidence
or information.
(Eff
11/5/84;
am and camp
APR '1 3 1995
' (Auth:
15-2
§17-15-6
HRS §$$26-38,
346-14)
(Imp:
HRS $92F-24)
§17-15-6
Review
nrocedures.
An individual
shall
submit
a written
request
to the
director
for
a review
of the
department's
refusal
to allow
access
to,
or
correction
or amendment
of a personal
record.
It
may
contain
any additional
pertinent
information
or
evidence."
[Eff
11/5/84;
camp
APR 1 3
19%
] (Auth:
HRS §§26-38,
346-14)
(Imp:
HRS S92F-25)
6.
Material,
except
source
notes,
to be repealed
is
bracketed.
New material
is underscored.
7.
Additions
to update
source
notes
to reflect
these
amendments
and compilations
are not
underscored.
8.
These
amendments
to and compilations
of
Chapters
17-1,
17-2,
17-3,
17-4,
and 17-15,
Hawaii
Administrative
Rules,
shall
take
effect
ten
days
after
filing
with
the
Office
of the
Lieutenant
Governor.
15-3