§92F-11 - Affirmative agency disclosure responsibilities.

PART II. FREEDOM OF INFORMATION

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

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

(c)  Unless the information is readilyretrievable by the agency in the form in which it is requested, an agency shallnot be required to prepare a compilation or summary of its records.

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

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

Case Notes

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

  Where trial court determined that any unaccepted engineeringreports were returned to the developer and there was  a lack of evidencesuggesting that the city planning and permitting department "maintained" any reports or copiesof the reports that were unaccepted by the department, trial court properlydetermined that, pursuant to this chapter, the reports submitted to thedepartment in connection with the developer's subdivision application did notconstitute "government records" prior to their acceptance by thedepartment.  119 H. 90, 194 P.3d 531.

  Mentioned:  74 H.365, 846 P.2d 882.