Hawaii UIPA Government Records Request

HAWAII UIPA GOVERNMENT RECORDS REQUEST

(Hawaii Revised Statutes chapter 92F, part II)

PRACTITIONER NOTES

1. The Uniform Information Practices Act (UIPA) applies to information maintained by a Hawaii state or county agency in written, auditory, visual, electronic, or other physical form. It does not include the nonadministrative functions of Hawaii courts. Haw. Rev. Stat. § 92F-3.
2. A formal request must be in writing, provide contact information, reasonably describe the requested record so the agency can locate it, and state how the requester wishes to inspect or receive a copy. Haw. Admin. R. § 2-71-12.
3. Haw. Rev. Stat. § 92F-11 establishes the right of access; it does not itself create a ten-day response deadline. The response and production periods appear in Haw. Admin. R. § 2-71-13.
4. A record required or otherwise available to be disclosed in full must be disclosed within a reasonable time not exceeding ten business days. For other records, including records requiring segregation, the agency generally must provide the notice required by § 2-71-14 within ten business days.
5. When qualifying extenuating circumstances exist, the agency may send a written acknowledgment within ten business days and provide the required notice within a reasonable time not exceeding twenty business days from receipt. Voluminous records may be disclosed in increments under § 2-71-15.
6. Search fees are $2.50 per fifteen minutes or fraction; review and segregation fees are $5 per fifteen minutes or fraction. The first $30 of those combined fees is not assessed. Haw. Admin. R. § 2-71-31. Other lawful preparation, copying, and transmission charges may apply.
7. A qualifying public-interest waiver adds a $60 waiver of search, review, and segregation fees. The requester must satisfy all criteria in § 2-71-32, including an intent and ability to disseminate the information to the public.
8. OIP review is optional. A requester denied access may appeal to the Office of Information Practices under Haw. Rev. Stat. § 92F-15.5 or bring a circuit-court action within two years under § 92F-15. OIP review is not a prerequisite to judicial enforcement.
9. A request is not a contract. Delete unused bracketed instructions and do not add warranties, covenants, defaults, cure periods, indemnities, force majeure, arbitration clauses, jury waivers, assignment restrictions, integration clauses, or execution formalities.

REQUEST LETTER

Date: [DATE]

Method: [EMAIL / MAIL / PORTAL / FACSIMILE / HAND DELIVERY]

To:
[RECORDS OFFICER OR AGENCY CONTACT]
[AGENCY]
[OFFICE OR DIVISION]
[ADDRESS / EMAIL / FACSIMILE / PORTAL]

From:
[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[MAILING ADDRESS]
[EMAIL]
[TELEPHONE]

Re: UIPA Request — [SUBJECT]

Dear Records Officer:

Under the Hawaii Uniform Information Practices Act, Haw. Rev. Stat. chapter 92F, I request inspection and/or copies of the following government records maintained by your agency.

1. Records Requested

1. [DESCRIBE THE FIRST RECORD OR DISCRETE RECORD SET.]
2. [DESCRIBE THE SECOND RECORD OR DISCRETE RECORD SET.]
3. [ADD ADDITIONAL ITEMIZED REQUESTS.]

Date range: [START DATE] through [END DATE]

Relevant office, employee, project, contract, incident, matter, or file number: [DETAILS]

Helpful custodians, email addresses, search terms, databases, or data fields: [DETAILS]

This request seeks existing government records and does not ask the agency to create a compilation or summary that is not readily retrievable in the requested form. If clarification would help the agency locate the records or reduce fees, please contact me at [EMAIL / TELEPHONE].

2. Inspection, Copies, and Delivery

I request:

• ☐ inspection of the records;
• ☐ electronic copies in the form maintained by the agency;
• ☐ electronic copies in this readily retrievable format: [FORMAT];
• ☐ paper copies; or
• ☐ another available method: [METHOD].

Preferred delivery or inspection method: [EMAIL / SECURE LINK / PORTAL / APPOINTMENT / MAIL / PICKUP].

If the requested method is unavailable or would materially increase cost, please identify a practical alternative before incurring the additional cost.

3. Fees and Estimate

I agree to pay lawful fees up to $[AMOUNT]. Please provide the written notice and good-faith fee estimate required by Haw. Admin. R. § 2-71-14 and obtain my written approval before exceeding that amount.

Please apply the fee schedule and waiver built into Haw. Admin. R. § 2-71-31:

• $2.50 per fifteen minutes or fraction for search;
• $5 per fifteen minutes or fraction for review and segregation; and
• no assessment of the first $30 of the combined search, review, and segregation fees.

I understand that under § 2-71-19 the agency may require fifty percent prepayment when estimated search, review, and segregation fees exceed $30, as well as full prepayment of other lawful preparation or transmission costs and outstanding fees from earlier requests.

4. Optional Public-Interest Fee Waiver

[DELETE THIS SECTION IF NO WAIVER IS REQUESTED.]

I request the additional $60 public-interest waiver under Haw. Admin. R. § 2-71-32 because:

1. Agency operations: The requested records concern the manner in which the agency performs its functions because [FACT-SPECIFIC EXPLANATION].
2. Not readily public: The records are not readily available in the public domain because [FACT-SPECIFIC EXPLANATION AND SOURCES CHECKED].
3. Public dissemination: I intend and am able to disseminate the information to the public through [PUBLICATION, WEBSITE, REPORT, NEWSLETTER, REPOSITORY, BROADCAST, OR OTHER METHOD], reaching [EXPECTED AUDIENCE].

Supporting materials: [ATTACH OR IDENTIFY EVIDENCE OF DISSEMINATION ABILITY, IF USEFUL].

5. Response, Segregation, and Withholding Notice

Please process this formal request under Haw. Admin. R. §§ 2-71-13 through 2-71-15. For records disclosable in full, please disclose them within a reasonable time not exceeding ten business days. For records requiring segregation or other review, please provide the required written notice within ten business days unless a rule-authorized acknowledgment based on extenuating circumstances applies.

If access to any record or portion is denied, please provide the notice required by § 2-71-14, identifying:

1. the specific record or portion that will not be disclosed;
2. the specific legal authority supporting the denial; and
3. any other information required by the rule.

Please assess whether withheld information is reasonably segregable and disclose the remainder under § 2-71-17. If voluminous records will be disclosed incrementally under § 2-71-15, please provide the written schedule required by the rule.

If the agency does not maintain a requested record, please identify that fact in the response. If known, please identify the agency likely to maintain it.

Thank you for your assistance.

Respectfully,

__________________________________
[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[DATE]

POST-SUBMISSION AND ENFORCEMENT NOTES

• Preserve receipt: Keep the sent request and evidence of the date the agency received it. The administrative-rule periods run from receipt of a compliant formal request.
• Agency notice: Review the notice for the expected disclosure date, fee estimate, prepayment demand, waiver decision, identification of withheld material, and specific authority for any denial.
• Requester response: Haw. Admin. R. § 2-71-16 requires timely payment, prepayment, or clarification. Failure to respond within the rule's twenty-business-day period can result in presumed abandonment.
• Ordinary production after notice: Under § 2-71-13, disclosure generally follows within five business days after the agency gives notice or receives any required prepayment, subject to the rule's provisions for extenuating circumstances and incremental production.
• Optional OIP appeal: A person denied access may ask OIP to review the denial under Haw. Rev. Stat. § 92F-15.5. Section 92F-42 states that OIP review is optional and does not prejudice judicial-enforcement rights.
• Direct judicial enforcement: Under Haw. Rev. Stat. § 92F-15, an aggrieved person may sue the agency in an authorized Hawaii circuit court within two years after the denial. The court hears the disclosure question de novo, the agency bears the burden to justify nondisclosure, and a prevailing complainant is entitled to reasonable attorney fees and other reasonably incurred litigation expenses.
• Get legal advice: Deadlines, forum, remedies, and strategy can turn on the facts. Consult Hawaii counsel promptly after a denial or disputed fee demand.

CURRENT OFFICIAL SOURCES

• Hawaii Legislature — HRS chapter 92F current directory
• Hawaii Office of Information Practices — UIPA administrative rules
• Hawaii Office of Information Practices — Guide to Hawaii's UIPA (August 2025)