Enforcement
HRS §92-12
in effect92-12. Enforcement
(a) The attorney general and the prosecuting attorney shall enforce this part.
(b) The circuit courts of the State shall have
jurisdiction to enforce the provisions of this part by injunction or other
appropriate remedy.
(c) Any person may commence a suit against a
board or alleged board in the circuit court of the circuit in which a
prohibited act occurs for the purpose of:
(1) Requiring compliance with or preventing
violations of this part;
(2) Determining the applicability of this part to
discussions or decisions of the public body; or
(3) Challenging an opinion or ruling of the office of
information practices concerning a complaint by that person.
The person may bring the action within two years of
a prohibited act; provided that a decision to appeal to the office of
information practices for review shall not prejudice the person's right to
appeal to the circuit court after a decision is made by the office of
information practices. If the person prevails, the court may order payment of
reasonable attorney's fees and costs by the board in a suit brought under this
section.
(d) In an action under this section, the
circuit court shall hear the matter de novo. Opinions and rulings of the
office of information practices shall be admissible in an action brought under
this part and shall be considered as precedent unless found to be palpably
erroneous; provided that in an action under this section challenging an opinion
or ruling of the office of information practices concerning a complaint by the
plaintiff, the circuit court shall hear the challenged adverse determination de
novo. Except as provided in section 92F-43, a board or alleged board shall not
challenge an opinion or ruling of the office of information practices about the
board or alleged board.
(e) When filing a suit that is under, related
to, or affected by this part, 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.
(f) Except as to cases the circuit court
considers of greater importance, proceedings before the court, as authorized by
this section, and appeals therefrom, shall take precedence on the docket over
all cases and shall be assigned for hearing and trial or for argument at the
earliest practicable date and expedited in every way when the suit seeks to
void any final action pursuant to section 92-11.
(g) The proceedings for review shall not stay
the enforcement of any agency decisions; provided that the reviewing court may
order a stay if the following criteria have been met:
(1) There is likelihood that the party bringing the
action will prevail on the merits;
(2) Irreparable damage will result if a stay is not
ordered;
(3) No irreparable damage to the public will result
from the stay order; and
(4) Public interest will be served by the stay order.
[L 1975, c 166, pt of §1; am L 1985, c 278, §5; am L 2012, c 176, §3; am L
2024, c 160, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0092/HRS_0092-0012.htmFetched: 11/10/2026