[§92F-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]

Law Journals and Reviews

  2013 Law and Administrative Rules Governing Appeal Procedures of Hawaii's Office of Information Practices.  36 UH L. Rev. 271 (2014).