Office of Information Practices

As a reminder, persons interested in the proposed rules for appeals to the State Office of Information Practices (OIP) should attend a public hearing next week on Thursday, November 15, at 10 a.m. at the Hawaii State Capitol Auditorium.

December 21, 2012 update:

• Public hearing AUDIO (Nov. 15, 2012) (wav file)

(Click here if you need to download Windows Media Player)

• Testimony: Beverly Ann Deepe Keever
• Testimony: Doug Meller (League of Women Voters)
• Testimony: Danny A. Mateo (Council Chair, Maui County Council; submitting testimony as an individual)
• Testimony: Corporation Counsel, City & County of Honolulu
• Testimony: Society of Professional Journalists

The proposed rules would establish the procedures for filing appeals with OIP under (1) the Uniform Information Practices Act (Modified), HRS chapter 92 (UIPA) and (2) HRS chapter 231 (regarding challenges to the disclosure of Department of Taxation written opinions). The rules would also establish procedures for filing an administrative complaint concerning a board’s failure to comply with the state’s “Sunshine Law,” Part I of HRS chapter 92. The rules propose procedures for OIP’s processing and rendering a decision on a complaint or appeal.

Please note that the rules do not address the procedures for appeals to the courts from OIP’s decisions, as the new Act 176, SLH 2012 allows. Rather, as page one of the impact statement explains, the proposed rules “set forth the procedures for filing an appeal with OIP under either the UIPA or the Sunshine Law, and OIP’s review and decision on the appeal.” The impact statement further states, on page 2, that the “proposed rules govern only the procedures relating to administrative appeals to OIP, and do not apply to appeals to the circuit court.” Please review the impact statement for further explanations about the proposed rules, or call OIP’s attorney of the day service at 586-1400 if you have questions.

OIP will not be making a presentation or providing training at the hearing. Instead, OIP wants to hear from you, and the hearing is the opportunity for interested persons to present to OIP their comments or testimony in person. Persons who are unable to attend or who wish to present additional comments may mail or deliver written testimony by Friday, November 23, 2012 to the Office of Information Practices, 250 South Hotel Street, Suite 107, Honolulu, Hawaii 96813.

For the latest in OIP and open government news, look here on the What’s New page, or ask to be placed on OIP’s e-mail list for weekly What’s New updates.