reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92. Public Agency Meetings and Records › 92-15 Boards and commissions; quorum; number of votes necessary to validate acts.

Note
The sections of this part are renumbered to eliminate duplication of the section numbers in Part I, as enacted by L 1975, c 166.
§92-15 Boards and commissions; quorum; number of votes necessary to validate acts.
Whenever the number of members necessary to constitute a quorum to do business, or the number of members necessary to validate any act, of any board or commission of the State or of any political subdivision thereof, is not specified in the law or ordinance creating the same or in any other law or ordinance, a majority of all the members to which the board or commission is entitled shall constitute a quorum to do business, and the concurrence of a majority of all the members to which the board or commission is entitled shall be necessary to make any action of the board or commission valid; provided that due notice shall have been given to all members of the board or commission or a bona fide attempt shall have been made to give the notice to all members to whom it was reasonably practicable to give the notice. This section shall not invalidate any act of any board or commission performed prior to April 20, 1937, which, under the general law then in effect, would otherwise be valid. [L 1937, c 40, §1; RL 1945, §482; RL 1955, §7-26; HRS §92-11; ren §92-15]
Attorney General Opinions
"Concurrence" means affirmative vote, not abstention. Att. Gen. Op. 85-11.
Case Notes
Where the required majority exists without the vote of the disqualified member, disqualified member's participation will not invalidate the result. 63 H. 222, 624 P.2d 1353.
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92. Public Agency Meetings and Records › 92-15.5 Nonattendance of board member; expiration of term.

§92-15.5 Nonattendance of board member; expiration of term.
(a)
Notwithstanding any law to the contrary,
the term
of a board member shall expire upon the failure of the member, without valid excuse, to attend three consecutive meetings duly noticed to all members of the board and where the board failed to constitute quorum necessary to transact board business. The chair or acting chair of the board shall determine if the absence of the member is excusable. The expiration of the member's term shall be effective immediately after the third consecutive unattended meeting and unexcused absence. The vacancy shall be filled in the same manner as the original appointment.
(b) This section shall not apply to ex officio members of a board.
(c) Notwithstanding the definition of "board" in section 92-2, this section shall apply only to a state board and shall not apply to a board of any political subdivision of the State or whose authority is strictly advisory. [L 2004, c 234, §1]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92. Public Agency Meetings and Records › 92-21 Copies of records; other costs and fees.

§92-21 Copies of records; other costs and fees.
Except as otherwise provided by law, a copy of any government record, including any map, plan, diagram, photograph, photostat, or geographic information system digital data file, which is open to the inspection of the public, shall be furnished to any person applying for the same by the public officer having charge or control thereof upon the payment of the reasonable cost of reproducing such copy. Except as provided in section 91-2.5, the cost of reproducing any government record, except geographic information system digital data, shall not be less than 5 cents per page, sheet, or fraction thereof. The cost of reproducing geographic information system digital data shall be in accordance with rules adopted by the agency having charge or control of that data. Such reproduction cost shall include but shall not be limited to labor cost for search and actual time for reproducing, material cost, including electricity cost, equipment cost, including rental cost, cost for certification, and other related costs. All fees shall be paid in by the public officer receiving or collecting the same to the state director of finance, the county director of finance, or to the agency or department by which the officer is employed, as government realizations; provided that fees collected by the public utilities commission pursuant to this section shall be deposited in the public utilities commission special fund established under section 269-33. [L 1921, c 96, §1; RL 1925, §166; am L 1929, c 166, pt of §1; am L 1931, c 178, §1; RL 1935, §147; RL 1945, pt of §458; am L 1945, c 248, §1; am L 1949, c 345, §1; am L Sp 1949, c 23, §1; RL 1955, §7-1; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §92-21; am L 1974, c 145, §2; am L 1976, c 212, §3; am L 1991, c 145, §3; am L 1993, c 103, §1; am L 1994, c 226, §2; am L 1998, c 311, §4; am L 1999, c 160, §1 and c 301, §3(1)]
Cross References
Court documents, see §607-5.
Case Notes
Records not otherwise open to the public are not opened by this section. 42 H. 14.
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92. Public Agency Meetings and Records › 92-24 Directors of finance and commerce and consumer affairs; fees.

§92-24 Directors of finance and commerce and consumer affairs; fees.
Except as provided in section 91-2.5, the director of finance and the director of commerce and consumer affairs each shall charge the following fees:
(1) For administering any oath, $1;
(2) For preparing every photostat copy of any document on record in the director's office, 50 cents per page or portion thereof;
(3) For preparing every typewritten copy of any document on record in the director's office, 50 cents per page or portion thereof;
(4) For preparing a certificate of compliance, $5 for the original certificate, and $1 for each additional copy thereof, of which $4 from each certificate and 75 cents of each additional copy shall be deposited in the compliance resolution fund established pursuant to section 26-9(o);
(5) For comparing any document submitted for certification, 15 cents per page or portion thereof;
(6) For certifying any document on record in the director's office, 25 cents for each certification;
(7) For all other acts and duties, the fees of which are not otherwise provided for, such charges as each may from time to time prescribe. [CC 1859, §690; RL 1925, §1253; RL 1935, §2212; RL 1945, §5813; am L 1949, c 172, §1; RL 1955, §132-14; am L Sp 1959 2d, c 1, § §14, 15; am L 1963, c 114, § §1, 3; HRS §92-24; am L 1983, c 153, §1; am L 1988, c 141, §9; gen ch 1993; am L 1999, c 129, §4 and c 301, §3(2)]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92. Public Agency Meetings and Records › 92-25 Fees for copies of pleadings, etc.

§92-25 Fees for copies of pleadings, etc.
Fees as established by court rules may be charged for the certification of copies of any pleadings, order, or other paper or document filed in any court, or process thereon, or any transcript of testimony, and for the certification of records on appeal in any proceeding in any court; provided that state agencies shall be exempt from the fees; and provided further that limitations on the extent of the exemption may be established by court rules. [RL 1925, pt of §166; am L 1929, c 166, pt of §1; RL 1945, pt of §458; RL 1955, §7-2; HRS §92-25; am L 2010, c 189, §1]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92. Public Agency Meetings and Records › 92-26 Fees; exemption.

§92-26 Fees; exemption.
One department of the state government shall not be required to pay any fee to any other department of the state government for the preparation and certification by the latter of any government record, nor shall section 92-21 be held to amend or repeal section 94-4. [L 1921, c 96, §2; RL 1925, §167; RL 1935, §148; RL 1945, §459; RL 1955, §7-3; HRS §92-26; am L 1991, c 145, §3]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92. Public Agency Meetings and Records › 92-27 Fees to be accounted for.

§92-27 Fees to be accounted for.
All official and departmental fees shall be accounted for and paid over into the public treasury, except fees designated and intended to be applied in compensation of the officers receiving the same. No public officer in receipt of a salary for the officer's services, shall receive any other or further compensation therefor, unless specially allowed by law. [CC 1859, §1494; RL 1925, §168; RL 1935, §149; RL 1945, §460; RL 1955, §7-4; HRS §92-27; gen ch 1985]
Case Notes
Receipt of an additional fee, not provided for by law, violates section. Officer is guilty of malfeasance thereby even if accepted in ignorance or mistake of law. 28 H. 733.
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92. Public Agency Meetings and Records › 92-29 Reproduction of government records.

§92-29 Reproduction of government records.
Any public officer having the care and custody of any record, paper, or document may cause the same to be photographed, microphotographed, reproduced on film, or copied to an electronic format. Any device or electronic storage system used to copy or reproduce the record, paper, or document shall accurately reflect the information in the original thereof in all details. [L 1945, c 26, pt of §1; RL 1955, §7-5; HRS §92-29; am L 1991, c 145, §2; am L 2005, c 177, §3]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92. Public Agency Meetings and Records › 92-30 Copy deemed original record.

§92-30 Copy deemed original record.
A photograph, microphotograph, reproduction on film, or electronic copy of a government record shall be deemed to be an original record for all purposes, including introduction in evidence in all courts or administrative agencies. A transcript, exemplification, facsimile, or certified copy thereof, for all purposes recited in this section, shall be deemed to be a transcript, exemplification, facsimile, or certified copy of the original record. [L 1945, c 26, pt of §1; RL 1955, §7-6; HRS §92-30; am L 2005, c 177, §4]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92. Public Agency Meetings and Records › 92-31 Disposition of original record.

§92-31 Disposition of original record.
A photograph, microphotograph, reproduction on film, or electronic form of a government record shall be placed in conveniently accessible files and provisions made for preserving, examining, and using the same. Thereafter, a public officer, after having first received the written approval of the comptroller as provided in section 94-3, may cause such record, paper, or document to be destroyed. The comptroller may require, as a prerequisite to the granting of such approval, that a reproduction or print of such photograph, microphotograph, or reproduction on film, or electronic form of the record be delivered into the custody of the public archives for safekeeping. The comptroller may also require the delivery into the custody of another governmental department or agency or a research library of any such record, paper, or document proposed to be destroyed under the provisions of this section.
[L 1945, c 26, pt of §1; RL 1955, §7-7; am L 1959, c 7, §1; am L Sp 1959 2d, c 1, §12; HRS §92-31; am L 2005, c 177, §5]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92. Public Agency Meetings and Records › 92-41 Giving public notices.

§92-41 Giving public notices.
Notwithstanding any law to the contrary, all governmental agencies scheduling a public hearing shall give public notice in the county affected by the proposed action, to inform the public of the time, place, and subject matter of the public hearing. This requirement shall prevail whether or not the governmental agency giving notice of public hearing is specifically required by law, and shall be in addition to other procedures required by law. [L 1972, c 188, §2; am L 1998, c 2, §29]
Attorney General Opinions
State agency required by section 91-3(a)(1) to publish notice of hearing must in addition comply with publication requirements of this section. Att. Gen. Op. 73-12.
This section does not require a public hearing in each county where a notice of public hearing is published. Att. Gen. Op. 73-13.
Notices must be published in a county newspaper and a newspaper with statewide circulation. Att. Gen. Op. 89-4.
For the repeal of rules, this section and §91-3 did not require individual notice to all property owners potentially affected by the change in the rules but only notice by publication, and a mailing to those persons who requested advance notice of department's rulemaking proceedings. Att. Gen. Op. 97-4.
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92. Public Agency Meetings and Records › 92-71 Political subdivision of the State; applicability.

§92-71 Political subdivision of the State; applicability.
The provisions contained in this chapter shall apply to all political subdivisions of the State. Provided, however, in the event that any political subdivision of the State shall provide by charter, ordinance or otherwise, more stringent requirements relating to mandating the openness of meetings, the more stringent provisions of said charter, ordinance, or otherwise, shall apply. [L 1976, c 212, §5]
Attorney General Opinions
Interpretation of "board" as excluding county council would be inconsistent with this section. Att. Gen. Op. 86-5.
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92. Public Agency Meetings and Records › 92-81 Neighborhood board; notice and agenda; public input; quorum.

§92-81 Neighborhood board; notice and agenda; public input; quorum.
(a) Any contrary provision in this chapter notwithstanding, the provisions of this part shall apply to neighborhood boards overseen by a neighborhood commission of the city and county of Honolulu, and such other neighborhood boards as may be created in other counties and overseen by a county-based commission.
(b) The agenda required to be included in written public notice of a neighborhood board meeting may include an opportunity for the board to receive public input on issues not specifically noticed for consideration at the forthcoming meeting.
(c) Any matter raised as part of the public input agenda allowed under subsection (b) may be discussed and information on the matter may be received by the board at the meeting; provided that the board shall not make a decision relating to the matter. The board may make decisions on matters originally raised as part of a public input agenda only at a later meeting, where the agenda for the meeting shall give notice of decision-making on the matter.
(d) A quorum for a meeting of a neighborhood board shall be required for:
(1) Conducting official board business;
(2) Discussions prior to and related to voting; and
(3) Voting required to validate an act of the board as part of official board business.
A neighborhood board may receive information or testimony on a matter of official board business without a quorum; provided that the board shall not make a decision on the issue. The board members, at the next meeting of the neighborhood board, shall report the matters presented as information or testimony. [L 2008, c 153, pt of §1]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92. Public Agency Meetings and Records › 92-82 Permitted interactions of neighborhood board members.

§92-82 Permitted interactions of neighborhood board members.
(a) Neighborhood board members may attend meetings or presentations located on Oahu on matters relating to official board business; provided that the meeting or presentation is open to the public, does not charge a fee or require registration, and is not specifically and exclusively organized for or directed toward members of the board; and provided further that no member makes a commitment to vote on any of the issues discussed.
(b) Neighborhood board members who attend meetings or presentations allowed by subsection (a) may ask questions relating to official board business of persons other than fellow board members. [L 2008, c 153, pt of §1; am L 2015, c 91, §1]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92. Public Agency Meetings and Records › 92-83 Neighborhood board meeting; unanticipated events; public interest.

§92-83 Neighborhood board meeting; unanticipated events; public interest.
An unanticipated event that occurs after public notice of a neighborhood board meeting has been issued, but before the scheduled meeting, may be the subject of discussion at the scheduled meeting if timely action on the matter is necessary for public health, welfare, and safety. At a duly noticed meeting, a board may take action on an unanticipated event in the public interest that is not on the agenda in the same manner as if the board had held an emergency meeting to take action on the issue, pursuant to section 92-8. [L 2008, c 153, pt of §1]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92F. Uniform Information Practices Act (Modified) › 92F-2 Purposes; rules of construction.

§92F-2 Purposes; rules of construction.
In a democracy, the people are vested with the ultimate decision-making power. Government agencies exist to aid the people in the formation and conduct of public policy. Opening up the government processes to public scrutiny and participation is the only viable and reasonable method of protecting the public's interest. Therefore the legislature declares that it is the policy of this State that the formation and conduct of public policy--the discussions, deliberations, decisions, and action of government agencies--shall be conducted as openly as possible.
The policy of conducting government business as openly as possible must be tempered by a recognition of the right of the people to privacy, as embodied in section 6 and section 7 of article I of the constitution of the state of Hawaii.
This chapter shall be applied and construed to promote its underlying purposes and policies, which are to:
(1) Promote the public interest in disclosure;
(2) Provide for accurate, relevant, timely, and complete government records;
(3) Enhance governmental accountability through a general policy of access to government records;
(4) Make government accountable to individuals in the collection, use, and dissemination of information relating to them; and
(5) Balance the individual privacy interest and the public access interest, allowing access unless it would constitute a clearly unwarranted invasion of personal privacy. [L 1988, c 262, pt of §1]
Law Journals and Reviews
2013 Law and Administrative Rules Governing Appeal Procedures of Hawaii's Office of Information Practices. 36 UH L. Rev. 271 (2014).
Case Notes
Cited: 134 H. 181, 339 P.3d 679 (2014).
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92F. Uniform Information Practices Act (Modified) › 92F-3 General definitions.

§92F-3
General definitions.
Unless the context otherwise requires, in this chapter:
"Agency" means any unit of government in this State, any county, or any combination of counties; department; institution; board; commission; district; council; bureau; office; governing authority; other instrumentality of state or county government; or corporation or other establishment owned, operated, or managed by or on behalf of this State or any county, but does not include the nonadministrative functions of the courts of this State.
"Government record" means information maintained by an agency in written, auditory, visual, electronic, or other physical form.
"Individual" means a natural person.
"Person" means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.
"Personal record" means any item, collection, or grouping of information about an individual that is maintained by an agency. It includes, but is not limited to, the individual's education, financial, medical, or employment history, or items that contain or make reference to the individual's name, identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. [L 1988, c 262, pt of §1]
Case Notes
Nonprofit corporation was not an "agency" within the meaning of this section where because: (1) it was the sole title owner of its equipment and the lessee of its offices and facilities, it was not "owned" by the State; (2) the State did not manage its day-to-day operations and its employees were not state employees, it was not "operated" by the State; (3) the State did not control, direct, or exercise skill or judgment over corporation's activities or business affairs, it was not "managed" by the State; and (4) corporation's activities were not a required function of any government agency, it did not perform a government function "on behalf of" the State. 116 H. 337, 173 P.3d 484.
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.
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92F. Uniform Information Practices Act (Modified) › 92F-4 Funding, services, and other federal assistance.

§92F-4
Funding, services, and other federal assistance.
Where compliance with any provision of this chapter would cause an agency to lose or be denied funding, services, or other assistance from the federal government, compliance with that provision shall be waived but only to the extent necessary to protect eligibility for federal funding, services, or other assistance. [L 1992, c 118, §1]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92F. Uniform Information Practices Act (Modified) › 92F-11 Affirmative agency disclosure responsibilities.

§92F-11 Affirmative agency disclosure responsibilities.
(a) All government records are open to public inspection unless access is restricted or closed by law.
(b) 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.
(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) The office of information practices may adopt rules, pursuant to chapter 91, to protect agency records from theft, loss, defacement, alteration, or deterioration and to prevent manifestly excessive interference with the discharge of agencies' other lawful responsibilities and functions. [L 1988, c 262, pt of §1; am L 2010, c 100, § §1, 3; am L 2017, c 165, §1]
Note
Repeal and reenactment of subsection (b) on July 1, 2014. L 2010, c 100, §3.
Cross References
Department of Hawaiian home lands records, see chapter 92J.
Case Notes
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.
Cited: 134 H. 181, 339 P.3d 679 (2014).
Mentioned: 74 H. 365, 846 P.2d 882.
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92F. Uniform Information Practices Act (Modified) › 92F-13 Government records; exceptions to general rule.

§92F-13 Government records; exceptions to general rule.
This part shall not require disclosure of:
(1) Government records which, if disclosed, would constitute a clearly unwarranted invasion of personal privacy;
(2) Government records pertaining to the prosecution or defense of any judicial or quasi-judicial action to which the State or any county is or may be a party, to the extent that such records would not be discoverable;
(3) Government records that, by their nature, must be confidential in order for the government to avoid the frustration of a legitimate government function;
(4) Government records which, pursuant to state or federal law including an order of any state or federal court, are protected from disclosure; and
(5) Inchoate and draft working papers of legislative committees including budget worksheets and unfiled committee reports; work product; records or transcripts of an investigating committee of the legislature which are closed by rules adopted pursuant to section 21-4 and the personal files of members of the legislature. [L 1988, c 262, pt of §1; am L 1993, c 250, §1]
Cross References
Auditor's working papers, see §23-9.5.
Case Notes
Because plaintiff did not claim that the police department's reliance on this section and §92F-22 was improper or unwarranted, the police department was entitled to withhold documents under the sections. 937 F. Supp. 2d 1220 (2013).
Development proposals were government records that, by their nature, must be kept confidential in order to avoid frustration of a legitimate government function within meaning of paragraph (3). 74 H. 365, 846 P.2d 882.
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92F. Uniform Information Practices Act (Modified) › 92F-15.3 Notice to the office of information practices. When filing a civil action that is under, related to, or is affected by this chapter, a person shall notify the office of information practices in writing at the time of the filing. The office of information practices may intervene in the action. [L 1998, c 82, §1]

§92F-15.3
Notice to the office of information practices.
When filing a civil action that is under, related to, or is affected by this chapter, a person shall notify the office of information practices in writing at the time of the filing. The office of information practices may intervene in the action. [L 1998, c 82, §1]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92F. Uniform Information Practices Act (Modified) › 92F-15.5 Alternative method to appeal a denial of access.

§92F-15.5 Alternative method to appeal a denial of access.
(a) When an agency denies a person access to a government record, the person may appeal the denial to the office of information practices in accordance with rules adopted pursuant to section 92F-42(12). A decision to appeal to the office of information practices for review of the agency denial shall not prejudice the person's right to appeal to the circuit court after a decision is made by the office of information practices.
(b) If the decision is to disclose, the office of information practices shall notify the person and the agency, and the agency shall make the record available. If the denial of access is upheld, in whole or in part, the office of information practices shall, in writing, notify the person of the decision, the reasons for the decision, and the right to bring a judicial action under section 92F-15(a). [L 1989, c 192, §1]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92F. Uniform Information Practices Act (Modified) › 92F-16 Immunity from liability.

§92F-16 Immunity from liability.
Anyone participating in good faith in the disclosure or nondisclosure of a government record shall be immune from any liability, civil or criminal, that might otherwise be incurred, imposed or result from such acts or omissions. [L 1988, c 262, pt of §1]
Case Notes
Cited: 134 H. 181, 339 P.3d 679 (2014).
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92F. Uniform Information Practices Act (Modified) › 92F-17 Criminal penalties.

§92F-17 Criminal penalties.
(a) An officer or employee of an agency who intentionally discloses or provides a copy of a government record, or any confidential information explicitly described by specific confidentiality statutes, to any person or agency with actual knowledge that disclosure is prohibited, shall be guilty of a misdemeanor, unless a greater penalty is otherwise provided for by law.
(b) A person who intentionally gains access to or obtains a copy of a government record by false pretense, bribery, or theft, with actual knowledge that access is prohibited, or who intentionally obtains any confidential information by false pretense, bribery, or theft, with actual knowledge that it is prohibited [by] a confidentiality statute, shall be guilty of a misdemeanor. [L 1988, c 262, pt of §1]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92F. Uniform Information Practices Act (Modified) › 92F-18 Agency implementation.

§92F-18 Agency implementation.
(a) Each agency shall:
(1) Issue instructions and guidelines necessary to effectuate this chapter; and
(2) Take steps to assure that all its employees and officers responsible for the collection, maintenance, use, and dissemination of government records are informed of the requirements of this chapter.
(b) Each agency shall compile a public report describing the records it routinely uses or maintains using forms prescribed by the office of information practices. The public reports shall be filed with the office of information practices on or before December 31, 1994. The public reports shall include:
(1) The name and location of each set of records;
(2) The authority under which the records are maintained;
(3) The categories of individuals for whom records are maintained;
(4) The categories of information or data maintained in the records;
(5) The categories of sources of information in the records;
(6) The categories of uses and disclosures made of the records;
(7) The agencies and categories of persons outside of the agency which routinely use the records;
(8) The records routinely used by the agency which are maintained by:
(A) Another agency; or
(B) A person other than an agency;
(9) The policies and practices of the agency regarding storage, retrievability, access controls, retentions, and disposal of the information maintained in records;
(10) The title, business address, and business telephone number of the agency officer or officers responsible for the records;
(11) The agency procedures whereby an individual may request access to records; and
(12) The number of written requests for access within the preceding year, the number denied, the number of lawsuits initiated against the agency under this part, and the number of suits in which access was granted.
(c) Each agency shall supplement or amend its public report, or file a new report, on or before July 1 of each subsequent year, to ensure that the information remains accurate and complete. Each agency shall file the supplemental, amended, or new report with the office of information practices, which shall make the reports available for public inspection. [L 1988, c 262, pt of §1; am L 1989, c 192, §4; am L 1991, c 167, §2; am L 1992, c 118, §2; am L 1993, c 57, §1]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92F. Uniform Information Practices Act (Modified) › 92F-19 Limitations on disclosure of government records to other agencies.

§92F-19 Limitations on disclosure of government records to other agencies.
(a) No agency may disclose or authorize disclosure of government records to any other agency unless the disclosure is:
(1) Necessary for the performance of the requesting agency's duties and functions and is also:
(A) Compatible with the purpose for which the information was collected or obtained; or
(B) Consistent with the conditions or reasonable expectations of use and disclosure under which the information was provided;
(2) To the state archives for the purposes of historical preservation, administrative maintenance, or destruction;
(3) To another agency, another state, or the federal government, or foreign law enforcement agency or authority, if the disclosure is:
(A) For the purpose of a civil or criminal law enforcement activity authorized by law; and
(B) Pursuant to:
(i) A written agreement or written request, or
(ii) A verbal request, made under exigent circumstances, by an officer or employee of the requesting agency whose identity has been verified, provided that such request is promptly confirmed in writing;
(4) To a criminal law enforcement agency of this State, another state, or the federal government, or a foreign criminal law enforcement agency or authority, if the information is limited to an individual's name and other identifying particulars, including present and past places of employment;
(5) To a foreign government pursuant to an executive agreement, compact, treaty, or statute;
(6) To the legislature, or a county council, or any committee or subcommittee thereof;
(7) Pursuant to an order of a court of competent jurisdiction;
(8) To authorized officials of another agency, another state, or the federal government for the purpose of auditing or monitoring an agency program that receives federal, state, or county funding;
(9) To the offices of the legislative auditor, the legislative reference bureau, or the ombudsman of this State for the performance of their respective functions;
(10) To the department of human resources development, county personnel agencies, or line agency personnel offices for the performance of their respective duties and functions, including employee recruitment and examination, classification and compensation reviews, the administration and auditing of personnel transactions, the administration of training and safety, workers' compensation, and employee benefits and assistance programs, and for labor relations purposes; or
(11) Otherwise subject to disclosure under this chapter.
(b) An agency receiving government records pursuant to subsection (a) shall be subject to the same restrictions on disclosure of the records as the originating agency. [L 1988, c 262, pt of §1; am L 1993, c 250, §2; am L 1994, c 56, §21]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92F. Uniform Information Practices Act (Modified) › 92F-21 Individual's access to own personal record.

Note
Part heading amended by L 1989, c 192, §5.
§92F-21 Individual's access to own personal record.
Each agency that maintains any accessible personal record shall make that record available to the individual to whom it pertains, in a reasonably prompt manner and in a reasonably intelligible form. Where necessary the agency shall provide a translation into common terms of any machine readable code or any code or abbreviation employed for internal agency use. [L 1988, c 262, pt of §1]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92F. Uniform Information Practices Act (Modified) › 92F-22 Exemptions and limitations on individual access.

§92F-22 Exemptions and limitations on individual access.
An agency is not required by this part to grant an individual access to personal records, or information in such records:
(1) Maintained by an agency that performs as its or as a principal function any activity pertaining to the prevention, control, or reduction of crime, and which consist of:
(A) Information or reports prepared or compiled for the purpose of criminal intelligence or of a criminal investigation, including reports of informers, witnesses, and investigators; or
(B) Reports prepared or compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through confinement, correctional supervision, and release from supervision.
(2) The disclosure of which would reveal the identity of a source who furnished information to the agency under an express or implied promise of confidentiality.
(3) Consisting of testing or examination material or scoring keys used solely to determine individual qualifications for appointment or promotion in public employment, or used as or to administer a licensing examination or an academic examination, the disclosure of which would compromise the objectivity, fairness, or effectiveness of the testing or examination process.
(4) Including investigative reports and materials, related to an upcoming, ongoing, or pending civil or criminal action or administrative proceeding against the individual.
(5) Required to be withheld from the individual to whom it pertains by statute or judicial decision or authorized to be so withheld by constitutional or statutory privilege. [L 1988, c 262, pt of §1; am L 1993, c 250, §3]
Case Notes
Because plaintiff did not claim that the police department's reliance on this section and §92F-13 was improper or unwarranted, the police department was entitled to withhold documents under the sections. 937 F. Supp. 2d 1220 (2013).
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92F. Uniform Information Practices Act (Modified) › 92F-23 Access to personal record; initial procedure.

§92F-23 Access to personal record; initial procedure.
Upon the request of an individual to gain access to the individual's personal record, an agency shall permit the individual to review the record and have a copy made within ten working days following the date of receipt of the request by the agency unless the personal record requested is exempted under section 92F-22. The ten-day period may be extended for an additional twenty working days if the agency provides to the individual, within the initial ten working days, a written explanation of unusual circumstances causing the delay. [L 1988, c 262, pt of §1; am L 2000, c 254, §1]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92F. Uniform Information Practices Act (Modified) › 92F-24 Right to correct personal record; initial procedure.

§92F-24 Right to correct personal record; initial procedure.
(a) An individual has a right to have any factual error in that person's personal record corrected and any misrepresentation or misleading entry in the record amended by the agency which is responsible for its maintenance.
(b) Within twenty business days after receipt of a written request to correct or amend a personal record and evidence that the personal record contains a factual error, misrepresentation, or misleading entry, an agency shall acknowledge receipt of the request and purported evidence in writing and promptly:
(1) Make the requested correction or amendment; or
(2) Inform the individual in writing of its refusal to correct or amend the personal record, the reason for the refusal, and the agency procedures for review of the refusal. [L 1988, c 262, pt of §1]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92F. Uniform Information Practices Act (Modified) › 92F-25 Correction and amendment; review procedures.

§92F-25 Correction and amendment; review procedures.
(a) Not later than thirty business days after receipt of a request for review of an agency refusal to allow correction or amendment of a personal record, the agency shall make a final determination.
(b) If the agency refuses upon final determination to allow correction or amendment of a personal record, the agency shall so state in writing and:
(1) Permit, whenever appropriate, the individual to file in the record a concise statement setting forth the reasons for the individual's disagreement with the refusal of the agency to correct or amend it; and
(2) Notify the individual of the applicable procedures for obtaining appropriate judicial remedy. [L 1988, c 262, pt of §1; am L 1989, c 192, §6]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92F. Uniform Information Practices Act (Modified) › 92F-26 Rules.

§92F-26 Rules.
The office of information practices shall adopt rules, pursuant to chapter 91, establishing procedures necessary to implement or administer this part, which the agencies shall follow, in order to ensure uniformity among state and county agencies. [L 1988, c 262, pt of §1; am L 1989, c 192, §7; am L 2017, c 165, §2]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92F. Uniform Information Practices Act (Modified) › 92F-27 Civil actions and remedies.

§92F-27 Civil actions and remedies.
(a) An individual may bring a civil action against an agency in a circuit court of the State whenever an agency fails to comply with any provision of this part, and after appropriate administrative remedies under sections 92F-23, 92F-24, and 92F-25 have been exhausted.
(b) Opinions and rulings of the office of information practices shall be admissible and shall be considered as precedent unless found to be palpably erroneous, except that the opinion or ruling upholding the agency's denial of access to the aggrieved person shall be reviewed de novo. The circuit court may examine the record at issue, in camera, to assist in determining whether it, or any part of it, may be withheld.
(c) In any action brought under this section the court may order the agency to correct or amend the complainant's personal record, to require any other agency action, or to enjoin such agency from improper actions as the court may deem necessary and appropriate to render substantial relief.
(d) In any action brought under this section in which the court determines that the agency knowingly or intentionally violated a provision of this part, the agency shall be liable to the complainant in an amount equal to the sum of:
(1) Actual damages sustained by the complainant as a result of the failure of the agency to properly maintain the personal record, but in no case shall an individual complainant entitled to recovery receive less than the sum of $1,000; and
(2) The costs of the action together with reasonable attorney's fees as determined by the court.
(e) The court may assess reasonable attorney's fees and other litigation costs reasonably incurred against the agency in any case in which the complainant has substantially prevailed, and against the complainant where the charges brought against the agency were frivolous.
(f) An action may be brought in the circuit court where the complainant resides, the complainant's principal place of business is situated, or the complainant's relevant personal record is situated. No action shall be brought later than two years after notification of the agency denial, or where applicable, the date of receipt of the final determination of the office of information practices. [L 1988, c 262, pt of §1; am L 1989, c 192, §8; am L 2012, c 176, §5]
Cross References
Vexatious litigants, see chapter 634J.
Law Journals and Reviews
2013 Law and Administrative Rules Governing Appeal Procedures of Hawaii's Office of Information Practices. 36 UH L. Rev. 271 (2014).
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92F. Uniform Information Practices Act (Modified) › 92F-27.5 Alternative method to appeal a denial of access.

§92F-27.5 Alternative method to appeal a denial of access.
(a) When an agency denies an individual access to that individual's personal record, the individual may appeal the denial to the office of information practices in accordance with rules adopted pursuant to section 92F-42(12). A decision to appeal to the office of information practices for review of the agency denial shall not prejudice the individual's right to appeal to the circuit court after a decision is made by the office of information practices.
(b) If the decision is to disclose, the office of information practices shall notify the individual and the agency, and the agency shall make the record available. If the denial of access is upheld, in whole or in part, the office of information practices shall, in writing, notify the individual of the decision, the reasons for the decision, and the right to bring a judicial action under section 92F-27. [L 1989, c 192, §2]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92F. Uniform Information Practices Act (Modified) › 92F-28 Access to personal records by order in judicial or administrative proceedings; access as authorized or required by other law.

§92F-28 Access to personal records by order in judicial or administrative proceedings; access as authorized or required by other law.
Nothing in this part shall be construed to permit or require an agency to withhold or deny access to a personal record, or any information in a personal record:
(1) When the agency is ordered to produce, disclose, or allow access to the record or information in the record, or when discovery of such record or information is allowed by prevailing rules of discovery or by subpoena, in any judicial or administrative proceeding; or
(2) Where any statute, administrative rules, rule of court, judicial decision, or other law authorizes or allows an individual to gain access to a personal record or to any information in a personal record or requires that the individual be given such access. [L 1988, c 262, pt of §1]
2023 Hawaii Revised Statutes › Title 8. Public Proceedings and Records › 92F. Uniform Information Practices Act (Modified) › 92F-41 Office of information practices; established.

Law Journals and Reviews
2013 Law and Administrative Rules Governing Appeal Procedures of Hawaii's Office of Information Practices. 36 UH L. Rev. 271 (2014).
§92F-41 Office of information practices; established.
(a) There is established an office of information practices within the department of accounting and general services for administrative purposes; provided that:
(1) Any quasi-judicial functions of the office of information practices shall not be subject to the approval, review, or control of the comptroller; and
(2) The comptroller shall not have the power to supervise or control the office of information practices in the exercise of its functions, duties, and powers under section 92F-42.
(b) The governor shall appoint a director of the office of information practices to be its chief executive officer and who shall be exempt from chapter 76.
(c) All powers and duties of the office of information practices are vested in the director and may be delegated to any other officer or employee of the office.
(d) The director may employ any other personnel that are necessary, including attorneys and clerical staff. The office of information practices shall follow and be subject to all applicable personnel laws. All personnel of the office of information practices shall be employed without regard to chapter 76.
(e) The office of information practices shall make direct communications with the governor and legislature. [L 1988, c 262, pt of §1; am L 1989, c 192, §9; am L 1998, c 137, §4; am L 2000, c 253, §150; am L 2015, c 92, §4]