How to File a Public Records Request in Hawaii

The Uniform Information Practices Act (Modified)

Statutory Citation

Hawaii Revised Statutes Chapter 92F (§§ 92F-1 through 92F-43)

Response Deadline

10 business days

Fee Provisions

Under Hawaii Administrative Rules § 2-71-31, agencies may charge for search time ($2.50 per 15 minutes), review and segregation ($5.00 per 15 minutes), and copying (not less than $0.05 per page). The first $30 of search, review, and segregation fees is automatically waived for all requesters. Requesters who can demonstrate a public interest purpose — including media organizations with the ability to widely disseminate information — may seek a waiver of up to $60 in fees under HAR § 2-71-32. Agencies may require prepayment of estimated fees before processing.

Key Exemptions

Under HRS § 92F-13, government records may be withheld under five categories: (1) personal privacy, where disclosure would constitute a clearly unwarranted invasion of personal privacy; (2) litigation privilege, for records related to pending judicial or quasi-judicial proceedings; (3) frustration of government function, where disclosure would impede a legitimate government purpose; (4) law or order, for records protected by other state or federal law or court order; and (5) legislative working papers, including draft committee reports and members' personal files. These exemptions are largely discretionary — agencies may elect to disclose records that qualify for protection.

Appeal Process

When an agency denies access, the requester has two options: (1) file an appeal with the Office of Information Practices (OIP) within one year of the denial under HRS § 92F-15.5 — OIP's review is free, informal, and does not require an attorney; or (2) file a civil action in circuit court within two years of the denial under HRS § 92F-15. OIP opinions are admissible as precedent and enforceable by the courts. If OIP orders disclosure and the agency does not appeal, the requester may seek court enforcement. Attorney fees may be awarded by the court in successful public access cases.

Ombudsman

Hawaii is one of the only states with a dedicated government agency — the Office of Information Practices — that exclusively administers the public records law and provides free appeal and advisory services to the public. The OIP's Attorney of the Day service ([email protected], (808) 586-1400) can provide non-binding guidance usually within 24 hours.

Read the full text of the Uniform Information Practices Act (Modified)

City FOIA Guides in Hawaii

Select a city below for a detailed guide on how to file a public records request with that municipality.