2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 8. PUBLIC PROCEEDINGS AND RECORDS
92F. Uniform Information Practices Act (Modified)
§92F-11 Affirmative agency disclosure responsibilities.
PART II. FREEDOM OF INFORMATION
§92F-11 Affirmative agency disclosure responsibilities. (a) All government records are open to public inspection unless access is restricted or closed by law.
(b) [Repeal and reenactment on July 1, 2014. L 2010, c 100, §3.] Except as provided in section 92F-13, each agency upon request by any person shall make government records available for inspection and copying during regular business hours; provided that an agency shall not be required to make government records available or respond to a person's subsequent duplicative request, if:
(1) After conducting a good faith review and comparison of the earlier request and the pending request, the agency finds that the pending request is duplicative or substantially similar in nature;
(2) The pending request has already been responded to within the past year; and
(3) The agency's response to the pending request would remain unchanged.
(c) Unless the information is readily retrievable by the agency in the form in which it is requested, an agency shall not be required to prepare a compilation or summary of its records.
(d) Each agency shall assure reasonable access to facilities for duplicating records and for making memoranda or abstracts.
(e) Each agency may adopt rules, pursuant to chapter 91, to protect its records from theft, loss, defacement, alteration, or deterioration and to prevent manifestly excessive interference with the discharge of its other lawful responsibilities and functions. [L 1988, c 262, pt of §1; am L 2010, c 100, §1]
Chapter 92F applies prospectively, requiring disclosure of records maintained by state agencies regardless of when the records came into existence. 83 H. 378, 927 P.2d 386.
Where trial court determined that any unaccepted engineering reports were returned to the developer and there was a lack of evidence suggesting that the city planning and permitting department "maintained" any reports or copies of the reports that were unaccepted by the department, trial court properly determined that, pursuant to this chapter, the reports submitted to the department in connection with the developer's subdivision application did not constitute "government records" prior to their acceptance by the department. 119 H. 90, 194 P.3d 531.
Mentioned: 74 H. 365, 846 P.2d 882.
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