§92F-15  Judicial enforcement.  (a)  Aperson aggrieved by a denial of access to a government record may bring anaction against the agency at any time within two years after the agency denialto compel disclosure.

(b)  In an action to compel disclosure thecircuit court shall hear the matter de novo.  Opinions and rulings of theoffice of information practices shall be admissible.  The circuit court mayexamine the government record at issue, in camera, to assist in determiningwhether it, or any part of it, may be withheld.

(c)  The agency has the burden of proof toestablish justification for nondisclosure.

(d)  If the complainant prevails in an actionbrought under this section, the court shall assess against the agencyreasonable attorney's fees and all other expenses reasonably incurred in thelitigation.

(e)  The circuit court in the judicial circuitin which the request for the record is made, where the requested record ismaintained, or where the agency's headquarters are located shall have jurisdictionover an action brought under this section.

(f)  Except as to cases the circuit courtconsiders of greater importance, proceedings before the court, as authorized bythis section, and appeals therefrom, take precedence on the docket over allcases and shall be assigned for hearing and trial or for argument at theearliest practicable date and expedited in every way. [L 1988, c 262, pt of §1;am L 1989, c 192, §3]

 

Case Notes

 

  "Denial of access" in subsection (a) synonymouswith "withholding of access"; access is withheld by agency'snon-response, claim that request is not specific enough, imposition ofunauthorized or excessive fees as condition of access, or claim it does nothave records sought.  83 H. 378, 927 P.2d 386.

  Plaintiff was "person aggrieved" and had standingunder this section where plaintiff requested access to government records andaccess to requested records was withheld.  83 H. 378, 927 P.2d 386.