PART II. 
FREEDOM OF INFORMATION



 



[§92F-11]  Affirmative agency disclosure
responsibilities.  (a)  All government records are open to public
inspection unless access is restricted or closed by law.



(b)  Except as provided in section 92F-13, each
agency upon request by any person shall make government records available for
inspection and copying during regular business hours.



(c)  Unless the information is readily
retrievable by the agency in the form in which it is requested, an agency shall
not be required to prepare a compilation or summary of its records.



(d)  Each agency shall assure reasonable access
to facilities for duplicating records and for making memoranda or abstracts.



(e)  Each agency may adopt rules, pursuant to
chapter 91, to protect its records from theft, loss, defacement, alteration, or
deterioration and to prevent manifestly excessive interference with the
discharge of its other lawful responsibilities and functions. [L 1988, c 262,
pt of §1]



 



Case Notes



 



  Chapter 92F applies
prospectively, requiring disclosure of records maintained by state agencies
regardless of when the records came into existence.  83 H. 378, 927 P.2d 386.



  Where trial court determined that any unaccepted engineering
reports were returned to the developer and there was  a lack of evidence
suggesting that the city planning and permitting department "maintained" any reports or copies
of the reports that were unaccepted by the department, trial court properly
determined that, pursuant to this chapter, the reports submitted to the
department in connection with the developer's subdivision application did not
constitute "government records" prior to their acceptance by the
department.  119 H. 90, 194 P.3d 531.



  Mentioned:  74 H.
365, 846 P.2d 882.