Government and Personal Records

§17-15-3

HAWAII ADMINISTRATIVE RULES TITLE 17 DEPARTMENT OF HUMAN SERVICES CHAPTER15 GOVERNMENTAND PERSONAL RECORDS

$17-15-1 Definitions §17-15-2 Conflict with division rules §17-15-3 Government records S17-15-4 Access of individual to own personal record $17-15-5 Correction or amendment of a personal record $17-15-6 Review procedures

Historical Note: Chapter 17-15 is based on Section 2 of Parts I and II of Rule 6 of the department of social services and housing. [Eff 3/25/64; R 6/4/84]

§17-15-1 Definitions. As used in this chapter: "Individual" shall be as defined in section 92F-3, HRS. "Personal record" shall be as defined in section 92F-3, HRS. "Government record" shall be as defined in section 92F-3, HRS. [Eff 11/5/84; am and camp bpp '? 3 1995 ] (Auth: HRS §§26-38, 92F-11) (Imp: HRS §§92F-3)

§17-15-2 Conflict with division rules. This chapter is general in nature and is superseded by the rules adopted by a division where applicable. [Eff 11/W% cow APR 1 3 1995 ] (Auth: HRS §§26-38, 346-14, 348-3) (Imp: HRS §§26-38, 346-14, 348-3)

§17-15-3 Government records. (a) Government records shall be available for inspection in accordance with section 92F-11, HRS and this chapter. (b) Requests to inspect or obtain copies of government records shall be made in writing to the department. The-request shall identify or describe the government record and state the purpose for which the

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request is made. (c) When denying a request for inspection of government records, the department shall state its reason for refusal and procedures for review of the refusal. (d) A reasonable fee, determined in accordance with section 92-21, HRS, shall be charged for copies of government records furnished. [Eff 11/5/84; am and cow APR 1 3 1995 ] (Auth: HRS §26-38,) (Imp: HRS Sfs91-2, 92F-11)

§17-15-4 Access of individual to own nersonal record. (a) An individual's request for access to the individual's personal record may be made either verbally or in writing to the department. Unless exempted by section 923-22, HRS, other applicable law, or this chapter, the personal record shall be made available for review during the normal business hours of the department. The individual shall provide adequate identification prior to this review. (b) The department shall furnish a copy of the personal record when requested by the individual. Charges shall be determined in accordance with section 92-21, HRS. (c) The agent of an individual, when so designated and authorized in writing by the individual, shall have access to the personal record of the individual as provided in this section. (d) When denying the request for access to an individual's personal record, the department shall inform the individual in writing of its refusal, the reason for the refusal, and procedures for review of the refusal. [Eff 11/5/84; am and camp APR '1 f 1995 ] (Auth: HRS §§26-38, 346-14) (Imp: HRS §§92F-21, 92F- 22, 92F-23)

§17-15-5 Correction or amendment of a nersonal record. To correct or amend a personal record in accordance with section 92F-24, HRS, the individual shall submit a written request to the department that contains the following information: (1) Name and address of the individual; (2) Title of the personal record; (3) Information to be corrected or amended; and (4) Supporting evidence or information. (Eff 11/5/84; am and camp APR '1 3 1995 ' (Auth:

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§17-15-6

HRS §$$26-38, 346-14) (Imp: HRS $92F-24)

§17-15-6 Review nrocedures. An individual shall submit a written request to the director for a review of the department's refusal to allow access to, or correction or amendment of a personal record. It may contain any additional pertinent information or evidence." [Eff 11/5/84; camp APR 1 3 19% ] (Auth: HRS §§26-38, 346-14) (Imp: HRS S92F-25)

6. Material, except source notes, to be repealed is bracketed. New material is underscored.

7. Additions to update source notes to reflect these amendments and compilations are not underscored.

8. These amendments to and compilations of Chapters 17-1, 17-2, 17-3, 17-4, and 17-15, Hawaii Administrative Rules, shall take effect ten days after filing with the Office of the Lieutenant Governor.

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