§91-2  Public information.  (a)  In
addition to other rulemaking requirements imposed by law, each agency shall:



(1)  Adopt as a rule a description of the methods
whereby the public may obtain information or make submittals or requests.



(2)  Adopt rules of practice, setting forth the nature
and requirements of all formal and informal procedures available, and including
a description of all forms and instructions used by the agency.



(3)  Make available for public inspection all rules
and written statements of policy or interpretation formulated, adopted, or used
by the agency in the discharge of its functions.



(4)  Make available for public inspection all final
opinions and orders.



(b)  No agency rule, order, or opinion shall be
valid or effective against any person or party, nor may it be invoked by the
agency for any purpose, until it has been published or made available for
public inspection as herein required, except where a person has actual
knowledge thereof.



(c)  Nothing in this section shall affect the
confidentiality of records as provided by statute. [L 1961, c 103, §2; Supp,
§6C-2; HRS §91-2]



 



Case Notes



 



  "Actual
knowledge" referred to in section cannot give effect to rules not adopted
in conformity with §91-3 and §91-4.  55 H. 478, 522 P.2d 1255.



  Planning and
permitting department's policy of refusing to publicly disclose developer's
engineering reports prior to their approval constituted a "rule"; as
this policy was not "published or made available for public
inspection" nor did plaintiff have actual knowledge of the policy prior to
its initial request for the reports, department did not comply with this
chapter and was proscribed from invoking this policy; thus, department violated
this chapter by refusing to publicly disclose any unaccepted engineering
reports and written comments, and all of its files, including developer's file,
were public records that could be examined upon request.  119 H. 90, 194 P.3d
531.



  Cited:  904 F. Supp.
1098.