reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 71 - AGENCY PROCEDURES AND FEES FOR PROCESSING GOVERNMENT RECORD REQUESTS › Subchapter 2 - AGENCY PROCEDURES FOR PROCESSING RECORD REQUESTS UNDER PART II OF CHAPTER 92F, HAWAII REVISED STATUTES › Section 2-71-11 - Informal requests for access to government records; agency response

Current through June, 2024
(a) Any person may, during an agency's regular business hours, submit an informal request for access to records.
(b) Upon receiving an informal request under this section, an agency shall respond to the request by doing one or more of the following:
(1) Provide access to any disclosable record requested pursuant to part II of chapter 92F, HRS, in a reasonably timely manner; provided that if the agency will charge the requester $15 or more in fees, pursuant to section 2-71-19, the agency shall inform the person of the amount of fees, or an estimate thereof, before processing the request.
(2) Deny access to all or any part of the records requested that will not be disclosed under section 92F-13, HRS, or any other law; provided that if the requester disagrees with the agency's denial, the agency shall advise the requester of the option of submitting a formal request.
(3) Inform the requester that the agency does not maintain the record; or
(4) Inform the requester to submit a formal request in accordance with section 2-71-12.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 71 - AGENCY PROCEDURES AND FEES FOR PROCESSING GOVERNMENT RECORD REQUESTS › Subchapter 2 - AGENCY PROCEDURES FOR PROCESSING RECORD REQUESTS UNDER PART II OF CHAPTER 92F, HAWAII REVISED STATUTES › Section 2-71-12 - Formal requests for access to government records; contents

Current through June, 2024
(a) Any person may, during an agency's regular business hours, submit a formal request for access to records in accordance with this section.
(b) A formal request shall be in written, electronic, or other physical form and shall contain the following information:
(1) Information that would enable the agency to correspond with or contact the requester;
(2) A reasonable description of the requested record to enable agency personnel to locate it with reasonable effort. The description should include, if known, the record name, subject matter, date, location, and any other additional information that reasonably describes the requested record;
(3) If applicable, a request for a waiver of fees for searching for, reviewing, or segregating the requested record, when the requester believes that a waiver would serve the public interest in accordance with section 2-71-32; provided that the request states the requester's identity and other facts that support the request for a waiver of fees; and
(4) A request to inspect or obtain a copy of the records described and, if applicable, the means by which the requester would like to receive the copy.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 71 - AGENCY PROCEDURES AND FEES FOR PROCESSING GOVERNMENT RECORD REQUESTS › Subchapter 2 - AGENCY PROCEDURES FOR PROCESSING RECORD REQUESTS UNDER PART II OF CHAPTER 92F, HAWAII REVISED STATUTES › Section 2-71-13 - Formal request received; agency response; time limits

Current through June, 2024
(a) When an agency receives a request for access to a record that is:
(1) Required to be disclosed under section 92F-12, HRS, in its entirety; or
(2) Available for public access in its entirety, The agency shall disclose the record within a reasonable time not to exceed ten business days.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 71 - AGENCY PROCEDURES AND FEES FOR PROCESSING GOVERNMENT RECORD REQUESTS › Subchapter 2 - AGENCY PROCEDURES FOR PROCESSING RECORD REQUESTS UNDER PART II OF CHAPTER 92F, HAWAII REVISED STATUTES › Section 2-71-14 - Agency's notice

Current through June, 2024
(a) When the agency intends to disclose a record in response to a formal request, the agency's written notice to the requester shall state:
(1) The location where the record will be made available to the requester in accordance with section 2-71-18;
(2) The following information about fees, if applicable:
(A) A good faith estimate of all fees that will be charged to the requester under section 2-71-19;
(B) Whether a requested waiver has been granted under section 2-71-32; and
(C) The amount of prepayment required, if any.
(3) Instructions, if any, regarding any additional arrangements that the requester must make with the agency to inspect or copy the records;
(4) When the agency will make the record available to the requester under section 2-71-13; and
(5) A description of extenuating circumstances, if any, under section 2-71-15, and, if it is the case, the agency's intent to disclose the records incrementally.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 71 - AGENCY PROCEDURES AND FEES FOR PROCESSING GOVERNMENT RECORD REQUESTS › Subchapter 2 - AGENCY PROCEDURES FOR PROCESSING RECORD REQUESTS UNDER PART II OF CHAPTER 92F, HAWAII REVISED STATUTES › Section 2-71-15 - Extenuating circumstances; incremental disclosures

Current through June, 2024
(a) As used in this chapter, extenuating circumstances exist when:
(1) The agency must consult with another person to determine whether the record is exempt from disclosure under chapter 92F, HRS;
(2) The request requires extensive agency efforts to search, review, or segregate the records, or otherwise prepare the records for inspection or copying;
(3) The agency requires additional time to respond to the request in order to avoid an unreasonable interference with its other statutory duties and functions; or
(4) A natural disaster or other situation beyond the agency's control prevents the agency from sending a notice or responding to the request within ten business days.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 71 - AGENCY PROCEDURES AND FEES FOR PROCESSING GOVERNMENT RECORD REQUESTS › Subchapter 2 - AGENCY PROCEDURES FOR PROCESSING RECORD REQUESTS UNDER PART II OF CHAPTER 92F, HAWAII REVISED STATUTES › Section 2-71-16 - Requester's responsibilities; abandonment of request

Current through June, 2024
(a) The requester shall:
(1) Pay any fees assessed by the agency in accordance with sections 2-71-15 or 2-71-19, whichever is applicable;
(2) Make any arrangements with the agency to inspect and copy the disclosable record as instructed by the agency's notice; and
(3) If able, provide the agency with further clarification or description of the requested record if so requested by the agency's notice under section 2-71-14.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 71 - AGENCY PROCEDURES AND FEES FOR PROCESSING GOVERNMENT RECORD REQUESTS › Subchapter 2 - AGENCY PROCEDURES FOR PROCESSING RECORD REQUESTS UNDER PART II OF CHAPTER 92F, HAWAII REVISED STATUTES › Section 2-71-17 - Segregation of information in records

Current through June, 2024
(a) When information in a requested record is not required to be disclosed under section 92F-13, HRS, or any other law, an agency shall assess whether the information is reasonably segregable from the requested record. If the record is reasonably segregable, the agency shall:
(1) Provide access to the portions of the record that are required to be disclosed under chapter 92F, HRS; and -
(2) Provide a notice to the requester in accordance with section 2-71-14(b) regarding information that is not disclosed.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 71 - AGENCY PROCEDURES AND FEES FOR PROCESSING GOVERNMENT RECORD REQUESTS › Subchapter 2 - AGENCY PROCEDURES FOR PROCESSING RECORD REQUESTS UNDER PART II OF CHAPTER 92F, HAWAII REVISED STATUTES › Section 2-71-18 - Location of disclosure; alternatives

Current through June, 2024
(a) The location where an agency makes a record available to the requester for inspection or copying shall be where the agency maintains the record or where the agency has accommodations for inspection and copying.
(b) If access to a record is requested at a location other than as provided in subsection (a), the agency shall make a reasonable effort to accommodate the request so long as the record is not the agency's only original record and the arrangement does not unreasonably interfere with the agency's functions.
(c) When a requester requests that a copy of a record be transmitted by mail, telefax, or other means, the agency shall make a reasonable effort to transmit the copy of the record in the manner sought by the requester; provided that the requester pays all fees assessed under section 2-71-19 and the transmission does not unreasonably interfere with the agency's functions.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 71 - AGENCY PROCEDURES AND FEES FOR PROCESSING GOVERNMENT RECORD REQUESTS › Subchapter 2 - AGENCY PROCEDURES FOR PROCESSING RECORD REQUESTS UNDER PART II OF CHAPTER 92F, HAWAII REVISED STATUTES › Section 2-71-19 - Assessment of fees; prepayment

Current through June, 2024
(a) When a person requests access to a government record under part II of chapter 92 F, HRS, the agency may charge the requester:
(1) Fees for searching for, reviewing, and segregating the record; provided that these fees shall be assessed in accordance with this chapter; and
(2) Any other lawful fees.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 71 - AGENCY PROCEDURES AND FEES FOR PROCESSING GOVERNMENT RECORD REQUESTS › Subchapter 2 - AGENCY PROCEDURES FOR PROCESSING RECORD REQUESTS UNDER PART II OF CHAPTER 92F, HAWAII REVISED STATUTES › Section 2-71-20 - Public access to disclosable records provided by a secondary source

Current through June, 2024
(a) An agency may . make arrangements to have another person serve as a secondary source of agency information,- provided that the agency itself does the following:
(1) Allows public inspection and duplication of any disclosable government record that the agency maintains pursuant to chapter 92F, HRS; and
(2) Performs, as necessary, any review and segregation of a government record before providing the record, or a copy thereof, to the secondary source for the purpose of making the record available for public inspection and copying upon request.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 71 - AGENCY PROCEDURES AND FEES FOR PROCESSING GOVERNMENT RECORD REQUESTS › Subchapter 2 - AGENCY PROCEDURES FOR PROCESSING RECORD REQUESTS UNDER PART II OF CHAPTER 92F, HAWAII REVISED STATUTES › Section 2-71-21 to 2-71-30 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 71 - AGENCY PROCEDURES AND FEES FOR PROCESSING GOVERNMENT RECORD REQUESTS › Subchapter 3 - FEES FOR SEARCHING FOR, REVIEWING, AND SEGREGATING GOVERNMENT RECORDS › Section 2-71-31 - Fees for searching for, reviewing, and segregating records; exceptions

Current through June, 2024
(a) When an agency intends to charge fees pursuant to section 2-71-19(a)(1), the agency shall charge the following fees, except as otherwise provided in subsection (b):
(1) For a search for the record, $2.50 per fifteen minutes or fraction thereof;
(2) For the review and segregation of the record, $5 per fifteen minutes or fraction thereof; and
(3) If applicable, the actual rate of charge, based upon time expenditure, that is charged to the agency by a person other than the agency for services to assist the agency in the search for the record.
The agency shall not assess the first $3 0 in total amount of the fees under paragraphs (1) and (2).
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 71 - AGENCY PROCEDURES AND FEES FOR PROCESSING GOVERNMENT RECORD REQUESTS › Subchapter 3 - FEES FOR SEARCHING FOR, REVIEWING, AND SEGREGATING GOVERNMENT RECORDS › Section 2-71-32 - Waiver of fees when public interest served

Current through June, 2024
(a) An agency shall waive $60 of the fees that may be assessed under section 2-71-31 when:
(1) The request for a waiver of fees is supported by a statement of facts, including the requester's identity, in accordance with section 2-71-12; and
(2) The agency finds that the waiver of fees would be in the public interest pursuant to this section.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 71 - AGENCY PROCEDURES AND FEES FOR PROCESSING GOVERNMENT RECORD REQUESTS › Subchapter 3 - FEES FOR SEARCHING FOR, REVIEWING, AND SEGREGATING GOVERNMENT RECORDS › Section 2-71-33 - Fees charged for records that will not be disclosed

Current through June, 2024
The agency may assess and collect fees for the search or review of a government record in accordance with section 2-71-31 even if the requested record will not be disclosed in its entirety, or a substantial portion thereof, if the agency reasonably believed that the requested record would be disclosable before searching for or reviewing the record. If the requester fails to pay the fees, the agency may assess the outstanding fees in accordance with section 2-71-19.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 73 - ADMINISTRATIVE APPEAL PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 2-73-1 - Purpose, scope, and construction

Current through June, 2024
The purpose of this chapter is to establish:
(1) The procedures for filing an administrative appeal with the state office of information practices, as an informal alternative to judicial action, under:
(A) The Uniform Information Practices Act(Modified), chapter 92F, HRS, or
(B) Chapter 231, HRS;
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 73 - ADMINISTRATIVE APPEAL PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 2-73-2 - Definitions

Current through June, 2024
Unless the context otherwise requires, in this chapter:
"Access" shall be as defined in section 2-71-2.
"Agency" shall be as defined in section 92F-3, HRS, and shall include a board as defined herein.
"Appeal" means a written request by a person to OIP to review and rule on:
(1) An agency's denial of access to information or records under chapter 92F, HRS:
(2) The denial or granting of access to government records by the department of taxation under chapter 231, HRS, or
(3) A board's compliance with part I of chapter 92, HRS.
"Appellant" means the person filing an appeal with OIP.
"Board" shall be as defined in section 92-2, HRS.
"Business day" means a day when OIP is open for the transaction of public business pursuant to section 78-1.6, HRS.
"Decision" means a ruling by OIP under this chapter.
"Director" means the director of OIP, or a person designated by the director.
"Government record" shall be as defined in section 92F-3, HRS.
"Individual" shall be as defined in section 92F-3, HRS.
"Maintain" shall be as defined in section 2-71-2.
"OIP" means the office of information practices, office of the lieutenant governor, State of Hawaii.
"Party" means an appellant or agency or board, or an interested or aggrieved person permitted to participate in an appeal before OIP under this chapter, in a capacity other than as a witness.
"Person" shall be as defined in section 92F-3, HRS.
"Sunshine Law" means part I of chapter 92, HRS.
"UIPA" means the Uniform Information Practices Act (Modified), chapter 92F, HRS.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 73 - ADMINISTRATIVE APPEAL PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 2-73-3 - Computation of Time

Current through June, 2024
Unless otherwise stated in these rules, in computing any period of time prescribed by these rules:
(1) a period of time is measured in business days;
(2) the day of the act or event from which the designated period of time begins to run shall not be included, but the last day of the period shall be included; and
(3) OIP upon request may, where it deems appropriate, extend the time prescribed by these rules for doing any act, or may permit an act to be done after the expiration of time.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 73 - ADMINISTRATIVE APPEAL PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 2-73-4 - Other forms of assistance

Current through June, 2024
OIP may continue to provide to any person various forms of 'assistance other than the appeals provided for under this chapter, including advisory opinions, guidelines, or training. Such other forms of assistance shall not be subject to the procedures set forth in this chapter.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 73 - ADMINISTRATIVE APPEAL PROCEDURES › Subchapter 2 - PROCEDURES FOR APPEAL TO OIP › Section 2-73-11 - What may be appealed

Current through June, 2024
A person may submit an appeal to OIP when:
(1) The person seeks a review of an agency's denial of access to information or records under sections 92F-15.5 or 92F-27.5, HRS;
(2) The person meets the requirements under chapter 231, HRS, for appealing to OIP a decision of the department of taxation concerning disclosure of a written opinion and the person has exhausted the administrative remedies in accordance with rules established by the department of taxation;
(3) The person seeks to determine a board's compliance with or to prevent a violation of part I of chapter 92, HRS; or
(4) The person seeks to determine the applicability of part I of chapter 92, HRS, to discussions or decisions of a public body.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 73 - ADMINISTRATIVE APPEAL PROCEDURES › Subchapter 2 - PROCEDURES FOR APPEAL TO OIP › Section 2-73-12 - Timing and content of appeal to PIP

Current through June, 2024
(a) An appeal shall be filed with the director within the following time limits, whichever is applicable:
(1) For an appeal of a denial of access to records under chapter 92F, HRS, that was based on a written request, within one year after:
(A) Receipt of the agency's written denial of access; or
(B) Receipt of the agency's written partial denial of access; or
(C) Where the agency does not provide a written response to the request, the last day of the time period provided for the agency's written response under chapter 92F, HRS, and chapter 2-71.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 73 - ADMINISTRATIVE APPEAL PROCEDURES › Subchapter 2 - PROCEDURES FOR APPEAL TO OIP › Section 2-73-13 - OIP's response to appeal; OIP's notice of appeal

Current through June, 2024
(a) When the director receives an appeal, the director shall initially review the appeal to assess whether the appeal complies with the requirements of section 2-73-12 before accepting the appeal. Within five business days after accepting an appeal, the director shall either:
(1) Notify the appellant that the appeal will not be heard and specify the reasons why the appeal is not warranted or the additional information that OIP requires; or
(2) Issue a notice of appeal to the appellant and the agency whose action is being appealed.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 73 - ADMINISTRATIVE APPEAL PROCEDURES › Subchapter 2 - PROCEDURES FOR APPEAL TO OIP › Section 2-73-14 - Agency's response to appeal

Current through June, 2024
The agency shall respond to the notice of appeal within ten business days of receipt of the notice with a written statement to OIP that includes the following:
(1) a concise statement of the factual background;
(2) a list identifying or describing each record withheld, if applicable;
(3) the agency's explanation of its position, including the agency's justification for the denial of access or actions complained of, with citations to the specific statutory sections and other law that support the agency's position;
(4) any evidence necessary to support application of any claimed exception, exemption, or privilege; and
(5) information as to how OIP may contact the agency officer or employee who is authorized to respond and make representations on behalf of the agency concerning the appeal.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 73 - ADMINISTRATIVE APPEAL PROCEDURES › Subchapter 2 - PROCEDURES FOR APPEAL TO OIP › Section 2-73-15 - Other procedures for appeal

Current through June, 2024
(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.
(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.
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.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 73 - ADMINISTRATIVE APPEAL PROCEDURES › Subchapter 2 - PROCEDURES FOR APPEAL TO OIP › Section 2-73-16 - Documents submitted to OIP

Current through June, 2024
All documents submitted to OIP under this chapter are subject to section 710-1063, HRS, which provides that unsworn falsification is a misdemeanor.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 73 - ADMINISTRATIVE APPEAL PROCEDURES › Subchapter 2 - PROCEDURES FOR APPEAL TO OIP › Section 2-73-17 - Decision

Current through June, 2024
(a) The director shall issue a final written decision on an appeal and send a copy of the decision to each party. The decision may:
(1) Order access to all or part of a requested record;
(2) Confirm the agency's decision on disclosure or nondisclosure;
(3) State a time limit for an agency's compliance;
(4) Contain any other order or conclusion consistent with chapter 92F, HRS; and,
(5) Contain any order or conclusion consistent with part I of chapter 92, HRS.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 73 - ADMINISTRATIVE APPEAL PROCEDURES › Subchapter 2 - PROCEDURES FOR APPEAL TO OIP › Section 2-73-18 - Dismissal of appeal

Current through June, 2024
The director may issue a notice dismissing all or part of an appeal at any time for good reason, including but not limited to the following:
(1) A prerequisite for filing an appeal under this chapter has not been met;
(2) The appeal is determined to be frivolous;
(3) The issues are beyond OIP's jurisdiction;
(4) No violation of the law can be found when viewing the issues in the light most favorable to the appellant;
(5) The appellant requests that the appeal be dismissed;
(6) The appeal has been abandoned by the appellant's failure to respond to OIP within twenty days after the date OIP sent the appellant a request for a response, or other circumstances indicate the appeal has been abandoned;
(7) The same issues on appeal have been previously addressed in a published OIP decision; or
(8) An OIP decision on the appeal would be advisory or moot.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 73 - ADMINISTRATIVE APPEAL PROCEDURES › Subchapter 2 - PROCEDURES FOR APPEAL TO OIP › Section 2-73-19 - Reconsideration

Current through June, 2024
(a) The director has the discretion, on the director's own initiative or upon request by a party, to reconsider any decision made under this chapter.
(b) A party must make a request for reconsideration within ten days after the director issues a final decision as provided in section 2-73-17.
(c) At the sole discretion of the director, a precedent set by a prior published OIP decision may be reconsidered, on the director's own initiative or upon request, at any time. Reconsideration of a prior published OIP decision's precedential value does not alter that decision's binding effect on the parties involved in the specific dispute at issue in that decision.
(d) Reconsideration of either a final decision or of a precedent shall be based upon one or more of the following:
(1) A change in the law;
(2) A change in the facts; or
(3) Other compelling circumstances.
Hawaii Administrative Rules › Title 2 - OFFICE OF THE LIEUTENANT GOVERNOR › Subtitle 7 - OFFICE OF INFORMATION PRACTICES › Chapter 73 - ADMINISTRATIVE APPEAL PROCEDURES › Subchapter 2 - PROCEDURES FOR APPEAL TO OIP › Section 2-73-20 - Record of appeal; transmittal to circuit court

Current through June, 2024
OIP shall maintain a record of each appeal before OIP, including an index. Within thirty days of the service on OIP of an agency's complaint to circuit court pursuant to section 92F-43, HRS, the director shall file a certified copy of the record in the circuit court and mail a copy of the index to the record to the agency. The record may be in written, electronic, or any other physical form, or a combination thereof, and shall include all documents related to the appeal, including correspondence, audio or video recordings, and e-mails, submitted in any form. A document that is submitted for
in camera
review shall be listed in the index in the same manner as other documents, but only OIP and the courts and the courts' staff shall have access to documents submitted for
in camera
review.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of the Comptroller › Chapter 1 - RULES OF THE COMPTROLLER, DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES RELATING TO RULEMAKING PROCEEDINGS, DECLARATORY RULINGS AND PUBLIC RECORDS AND INFORMATION › Section 3-1-1 - Definitions

Current through June, 2024
As used in these rules, unless the context otherwise
				  specifically requires:
"Comptroller" means the state comptroller of the department
				  of accounting and general services.
"Department" means the department of accounting and general
				  services.
"Person" or "persons" include individual, partnership,
				  corporation, association, or public or private organization of any character
				  other than a state or county board, commission, department, or officer
				  authorized by law to make rules, except those in the legislative or judicial
				  branches.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of the Comptroller › Chapter 1 - RULES OF THE COMPTROLLER, DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES RELATING TO RULEMAKING PROCEEDINGS, DECLARATORY RULINGS AND PUBLIC RECORDS AND INFORMATION › Section 3-1-2 - The Department

Current through June, 2024
(a) The principal
				office of the department is at Honolulu, Hawaii. Unless otherwise specifically
				provided by law or by direction of the department, all communications to the
				department shall be sent to the Comptroller, Department of Accounting and
				General Services, 1151 Punchbowl Street, Honolulu, Hawaii 96813.
(b) The offices of the department shall be
				open from 7:45 a.m. to 4:30 p.m. of each workday except Saturday, unless
				otherwise provided by statute or executive order.
(c) The comptroller shall have charge of the
				department's official records and shall be responsible for the maintenance and
				custody of the files and records of the department, including the minutes of
				hearings and exhibits, all papers and requests filed in proceedings, the
				minutes of all actions taken by the department and all its findings,
				determinations, reports, opinions, rules, regulations and approved forms. All
				orders and other actions of the department shall be authenticated, signed or
				otherwise authorized by the comptroller or his duly authorized
				subordinate.
(d) All documents
				required to be filed with the department shall be filed in the office of the
				comptroller within such time limits as prescribed by law or by rules,
				regulations, or orders of the department.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of the Comptroller › Chapter 1 - RULES OF THE COMPTROLLER, DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES RELATING TO RULEMAKING PROCEEDINGS, DECLARATORY RULINGS AND PUBLIC RECORDS AND INFORMATION › Section 3-1-3 - Public records and information

Current through June, 2024
(a) The term
				"public records" as used in this section is defined as in Section 92-50, Hawaii
				Revised Statutes, and shall include all rules, regulations, written statements
				of policy or interpretation formulated, adopted or used by the department, all
				final opinions, rulings and orders and any other material on file for public
				inspection in the department unless accorded confidential treatment pursuant to
				law.
(b) All public records shall
				be available for inspection in the department, during established office hours
				unless public inspection of such records is in violation of any state or
				federal law; provided that, except where such records are made available for
				inspection by rule of court, the attorney general may determine which records
				may be withheld from public inspection when such records pertain to the
				preparation or defense of any action or proceeding prior to its commencement,
				to which the State is or may be a party, or when such records do not relate to
				a matter in violation of law or their confidential treatment is necessary for
				the protection of the character, reputation or business of any
				person.
(c) Public records printed
				or reproduced by the department shall be given to any person requesting the
				same and paying the cost including the cost of publication and mailing of
				reproduction, or in the case of a charge specified by law or by other
				regulation, such specified charges.
(d) Requests for public information, for
				permission to inspect official records or for copies of public records shall be
				made in writing to the comptroller and shall be handled with due regard for the
				policies and procedures of the respective programs and the dispatch of other
				public duties.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of the Comptroller › Chapter 1 - RULES OF THE COMPTROLLER, DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES RELATING TO RULEMAKING PROCEEDINGS, DECLARATORY RULINGS AND PUBLIC RECORDS AND INFORMATION › Section 3-1-4 - Petitions for adoption, amendment or repeal of rules and regulations

Current through June, 2024
(a) Any interested person or any agency of
				the state or county government may petition the comptroller for the adoption,
				amendment, modification or repeal of any rule or regulation. For the purpose of
				this section, such petitions shall be considered as part of the rulemaking
				proceedings.
(b) Such petition for
				rulemaking shall set forth the text of any proposed rule or regulation or
				amendment desired or specifying the rule or regulation the repeal of which is
				desired and stating concisely the nature of his interest in the subject matter
				and his reasons for seeking the adoption, amendment or repeal of the rule or
				regulation and shall include any facts, views, arguments and data deemed
				relevant by the petitioner. The comptroller may also require the petitioner to
				serve other persons or governmental agencies known to be interested in the
				proposed rulemaking.
(c) Upon
				filing, such petitions for the rulemaking shall be given a docket number and
				will become matters of public record upon filing. The comptroller shall within
				thirty days following the filing of the petition either deny the petition in
				writing or initiate proceedings for the adoption, amendment or repeal of the
				rule or regulation as provided by law. No public hearing, oral arguments, or
				other form of proceedings will be held directly on any such petition. If the
				comptroller determines that the petition does not disclose sufficient reasons
				to justify the commencement of public rulemaking proceedings, or if the
				petition for rulemaking fails in material respect to comply with the
				requirements of these rules, the comptroller shall deny the petition and the
				petitioner shall be so notified. The provisions of this section shall not
				prevent the comptroller, on an independent motion, from acting on any matter
				disclosed in any petition.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of the Comptroller › Chapter 1 - RULES OF THE COMPTROLLER, DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES RELATING TO RULEMAKING PROCEEDINGS, DECLARATORY RULINGS AND PUBLIC RECORDS AND INFORMATION › Section 3-1-5 - Conduct of public hearing on proposed adoption, amendment or repeal of rule or regulation

Current through June, 2024
(a) Each public
				hearing on proposed adoption, amendment or repeal of a rule or regulation shall
				be presided over by the comptroller or by his duly authorized representative.
				The hearing shall be conducted in such a way to afford interested persons a
				reasonable opportunity to be heard on matters relevant to the issues involved
				and to obtain a clear and orderly record. The presiding officer shall have
				authority to administer oaths or affirmations and to take all other actions
				necessary to assure the orderly conduct of the hearing.
(b) Each hearing shall be held at the time
				and place set in the notice of hearing. The hearing may be continued by the
				presiding officer to a later time or date or to a different place without
				notice other than the announcement made at the hearing.
(c) At the commencement of the hearing, the
				presiding officer shall read the notice of hearing and shall then outline
				briefly the procedure to be followed. Evidence shall then be received with
				respect to the matters specified in the notice of hearing in such order as the
				presiding officer shall prescribe.
(d) All interested persons shall be given
				reasonable opportunity to offer evidence with respect to the matters specified
				in the notice of hearing. Every witness shall, before proceeding to testify,
				state his name, address and whom he represents at the hearing, and shall give
				such other information respecting his appearance as the presiding officer may
				request. Every witness shall be subject to questioning by the presiding officer
				or by any other authorized representative of the department, but
				cross-examination by private persons shall not be permitted without the
				presiding officer's permission.
(e)
				Unless otherwise specifically ordered by the presiding officer, testimony given
				at the hearing shall not be reported verbatim.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Office of the Comptroller › Chapter 1 - RULES OF THE COMPTROLLER, DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES RELATING TO RULEMAKING PROCEEDINGS, DECLARATORY RULINGS AND PUBLIC RECORDS AND INFORMATION › Section 3-1-6 - Petition for declaratory rulings

Current through June, 2024
(a) On petition of
				an interested person, the comptroller may issue a declaratory order as to the
				applicability of any statutory provision administered by the department or of
				any rule or regulation or order of the comptroller. Petitions for the issuance
				shall state clearly and concisely the controversy or uncertainty, shall cite
				the statutory authority involved, shall include a complete statement of the
				facts and the reasons prompting the petition, together with full disclosure of
				petitioner's interest.
(b) Upon
				receipt of the petition, the comptroller may require the petitioner to file
				additional data or memoranda in support of the position taken by the
				petitioner.
(c) The comptroller
				may, without notice or hearing, dismiss a petition for declaratory ruling for
				want of a substantial question or for material failure to comply with the
				requirements of this section.
(d)
				Although no hearing need be granted to the petitioner or to any interested
				person in the usual course of disposition of a petition for a declaratory
				ruling, the comptroller may order a hearing on the disposition of the petition
				if petitioner submits a written request therefor stating in detail why a
				hearing is necessary for a fair consideration of the need for a declaratory
				ruling on the matter stated in the petition.
(e) Notwithstanding any other provisions of
				this section, the comptroller may, upon request or an independent motion but
				without notice or hearing, issue a declaratory order to terminate a controversy
				or to remove uncertainty.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Accounting Division › Chapter 10 - TRAVEL RULES › Section 3-10-1 - Purpose

Current through June, 2024
The purpose of these rules is to provide uniform application
				  of the Hawaii Revised Statutes and administrative policies, as they relate to
				  travel expenses incurred by state employees and representatives in connection
				  with official business of the State.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Accounting Division › Chapter 10 - TRAVEL RULES › Section 3-10-3 - Applicability

Current through June, 2024
(a) Except as otherwise provided by statute,
				these rules apply to all persons employed by the State and to all other persons
				representing the state on official business.
(b) Except as otherwise provided by statute,
				these rules apply to all travel expenses regardless of the source of funding,
				unless a non-state entity pays for the entire cost of travel (including per
				diem and all incidental costs) and makes all travel arrangements.
(c) Wherever there is a conflict between
				these rules and the provisions of a collective bargaining agreement that is in
				effect, the provisions of the collective bargaining agreement take precedence;
				excluded employees under chapter
				89, HRS, shall receive the same
				application of such provisions as employees included in the related bargaining
				unit.
(d) These rules take
				precedence over conflicting travel policies, written or unwritten, of any
				department or agency of the state. Written travel policies for internal
				administration within departments and agencies are encouraged, but are
				subordinate to these rules. The head of each department is responsible for
				compliance with the requirements of the rules.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Accounting Division › Chapter 10 - TRAVEL RULES › Section 3-10-4 - Approval required for out-of-state and intrastate travel

Current through June, 2024
Unless otherwise directed by the governor, and except as
				  otherwise prescribed by statute:
(1) A
				department head's written approval is required for out-of-state travel by any
				officer, employee, or other authorized representative of the department or of
				an agency under the department. The governor's written approval is required for
				out-of-state travel by a department head or the head of any other executive
				agency not under a department.
(2)
				Any delegation by a department head of authority to approve out-of-state travel
				(where a department head's approval is required) must be filed with the
				comptroller in writing.
(3) An
				amended approval for out-of-state travel is required whenever there is a change
				in the itinerary, dates, or purpose of the previously approved
				travel.
(4) Intrastate travel must
				be approved by the department head or as delegated by the department
				head.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Accounting Division › Chapter 10 - TRAVEL RULES › Section 3-10-5 - Travel status

Current through June, 2024
An employee or representative is considered to be on travel
				  status only during the time when conducting official business away from the
				  employee's or representative's regular place of business and while traveling to
				  and from the place at which official business is transacted. Unless otherwise
				  specified and approved by the comptroller, travel status begins with departure
				  of common carriers from the island on which the traveler's regular place of
				  business is located and terminates upon the traveler's return to that
				  island.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Accounting Division › Chapter 10 - TRAVEL RULES › Section 3-10-6 - Routing of travel

Current through June, 2024
(a) Travel route(s)
				shall be the most economical and direct route(s) available to the point(s) of
				business destination.
(b) Travel
				tickets shall be for complete routes, including all direct connections. Any
				charges related to travel not applicable to state business will be the
				responsibility of the employee. This includes stopovers, special or short-run
				trips, backtracking, personal side trips or any other routing impacting the
				lowest possible fare. Any specific airline preference that will increase the
				cost of the fare shall be borne by the traveler.
(c) Any additional cost(s) resulting from
				changes for personal travel shall be the responsibility of the
				traveler.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Accounting Division › Chapter 10 - TRAVEL RULES › Section 3-10-7 - Preferred times of travel

Current through June, 2024
Official business and related travel shall be conducted,
				  whenever practicable, within the typical work week, Monday through Friday, and
				  within the typical work day. The comptroller may disallow any unwarranted
				  expenditure for weekend or holiday travel.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Accounting Division › Chapter 10 - TRAVEL RULES › Section 3-10-8 - Means of transportation

Current through June, 2024
(a) Departments and
				agencies authorizing travel shall, in all cases, be sure that the means of
				transportation are justified by the circumstances.
(b) Unless otherwise justified and approved
				by the governor, travel shall be by the most economical means consistent with
				time available and urgency of the trip.
(c) Out-of-state trans-ocean travel shall not
				be allowed. Travel by train, bus, or private automobile will be allowed only
				when the traveler can justify that travel by air is not available, feasible or,
				appropriate.
(d) Inter-island
				travel shall be by regularly scheduled transportation whenever available,
				feasible, and otherwise appropriate. In selecting the means of transportation
				for inter-island travel, departments and agencies shall consider travel time
				and per diem costs in determining the most economical means.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Accounting Division › Chapter 10 - TRAVEL RULES › Section 3-10-9 - Allowable travel time involving air transportation

Current through June, 2024
(a)
				Unless otherwise authorized by comptroller, allowable travel time is the time
				necessary to travel by the most direct route to and from the points specified
				in the approved travel plan or request, plus the time necessary to conduct the
				required official business.
(b)
				Every effort shall be made to reserve complete travel schedules well in advance
				to avoid delays at transfer points.
(c) Travel time in excess of allowable travel
				time as provided in this section may be required by the comptroller to be
				charged to vacation time or to leave without pay.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Accounting Division › Chapter 10 - TRAVEL RULES › Section 3-10-12 - Travel expense accounting and reporting

Current through June, 2024
(a) Travel
				advances:
(1) Payments of travel advances are
				accounted for as expenditures at the time the related travel advance vouchers
				are paid. One copy of any approval required under section 3-10-4 must support a
				voucher for payment of a travel advance.
(2) On the accounting records of the
				comptroller, payments of travel expenses are not recorded as advance
				receivable; the respective expending agencies are responsible for accounting
				for the advances as receivable for the purpose of settlement upon completion of
				travel.
(3) Any person receiving a
				travel advance must report to that person's expending agency the actual travel
				expenses incurred. The "Statement of Completed Travel", issued by the
				Comptroller, may be used for this purpose, and must be accompanied by any
				supporting expenditure details and related receipts.
(4) Expending agencies are responsible for
				obtaining and depositing any overadvanced amounts due to the State under this
				chapter.
(5) When additional
				payments are due to the traveler for underadvanced amounts, the voucher for the
				additional payment must be supported by a statement of completed travel, any
				expenditure details, and any related receipts applicable to amounts to be
				reimbursed to the traveler.