Agency appeal of a decision by the office of information practices
HRS §92F-43
in effect92F-43. Agency appeal of a decision by the office of information practices
(a) An agency may not appeal a decision by the office of information practices made under this chapter or part I of chapter 92, except as provided in this section. Within thirty days of the date of the decision, an agency may seek judicial review of a final decision rendered by the office of information practices under this chapter or part I of chapter 92, by filing a complaint to initiate a special proceeding in the circuit court of the judicial circuit in the State where:
(1) The request for access to a record was made;
(2) The act the office determined was prohibited
under part I of chapter 92 occurred; or
(3) The agency's principal place of business is
located.
(b) The agency shall give notice of the
complaint to the office of information practices and the person who requested
the decision for which the agency seeks judicial review by serving a copy of
the complaint on each; provided that the office of information practices and
the person who requested the decision shall not be required to participate in
the proceeding; and provided further that the court shall proceed to review the
decision pursuant to the rules applicable to a special proceeding, upon the expiration
of time that an answer to the complaint would otherwise need to be filed under
the rules of court by the office of information practices or the person upon
whom the complaint was served. The office of information practices or the
person who requested the decision may intervene in the proceeding.
(c) Within thirty days of service of the
complaint, the office of information practices shall file a certified copy of
the record that it compiled to make its decision in the circuit court and mail
a copy of the index to that record to the appealing agency. The circuit court's
review shall be limited to the record that was before the office of information
practices when it rendered the decision, unless the circuit court finds that
extraordinary circumstances justify discovery and admission of additional evidence.
The circuit court shall uphold a decision of the office of information
practices, unless the circuit court concludes that the decision was palpably
erroneous.
[L 2012, c 176, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0092F/HRS_0092F-0043.htmFetched: 11/10/2026