HRS § 92F-42 - Powers and duties of the office of information practices

The director of the office of information practices: (1) Shall, upon request, review and rule on an agency denial of access to information or records, or an agency's granting of access; provided that any review by the office of information practices shall not be a contested case under chapter 91 and shall be optional and without prejudice to rights of judicial enforcement available under this chapter; (2) Upon request by an agency, shall provide and make public advisory guidelines, opinions, or other information concerning that agency's functions and responsibilities; (3) Upon request by any person, may provide advisory opinions or other information regarding that person's rights and the functions and responsibilities of agencies under this chapter; (4) May conduct inquiries regarding compliance by an agency and investigate possible violations by any agency; (5) May examine the records of any agency for the purpose of paragraphs (4) and (18) and seek to enforce that power in the courts of this State; (6) May recommend disciplinary action to appropriate officers of an agency; (7) Shall report annually to the governor and the state legislature on the activities and findings of the office of information practices, including recommendations for legislative changes; (8) Shall receive complaints from and actively solicit the comments of the public regarding the implementation of this chapter; (9) Shall review the official acts, records, policies, and procedures of each agency; (10) Shall assist agencies in complying with the provisions of this chapter; (11) Shall inform the public of the following rights of an individual and the procedures for exercising them: (A) The right of access to records pertaining to the individual; (B) The right to obtain a copy of records pertaining to the individual; (C) The right to know the purposes for which records pertaining to the individual are kept; (D) The right to be informed of the uses and disclosures of records pertaining to the individual; (E) The right to correct or amend records pertaining to the individual; and (F) The individual's right to place a statement in a record pertaining to that individual; (12) Shall adopt rules that set forth an administrative appeals structure which provides for: (A) Agency procedures for processing records requests; (B) A direct appeal from the division maintaining the record; and (C) Time limits for action by agencies; (13) Shall adopt rules that set forth the fees and other charges that may be imposed for searching, reviewing, or segregating disclosable records, as well as to provide for a waiver of fees when the public interest would be served; (14) Shall adopt rules which set forth uniform standards for the records collection practices of agencies; (15) Shall adopt rules that set forth uniform standards for disclosure of records for research purposes; (16) Shall have standing to appear in cases where the provisions of this chapter or part I of chapter 92 are called into question; (17) Shall adopt, amend, or repeal rules pursuant to chapter 91 necessary for the purposes of this chapter; and (18) Shall take action to oversee compliance with part I of chapter 92 by all state and county boards including: (A) Receiving and resolving complaints; (B) Advising all government boards and the public about compliance with chapter 92; and (C) Reporting each year to the legislature on all complaints received pursuant to section 92-1.5. [L 1988, c 262, pt of §1; am L 1989, c 192, §10; am L 1998, c 137, §5; am L 2015, c 92, §5]