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



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



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



(d)  If the complainant prevails in an action
brought under this section, the court shall assess against the agency
reasonable attorney's fees and all other expenses reasonably incurred in the
litigation.



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



(f)  Except as to cases the circuit court
considers of greater importance, proceedings before the court, as authorized by
this section, and appeals therefrom, take precedence on the docket over all
cases and shall be assigned for hearing and trial or for argument at the
earliest 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) synonymous
with "withholding of access"; access is withheld by agency's
non-response, claim that request is not specific enough, imposition of
unauthorized or excessive fees as condition of access, or claim it does not
have records sought.  83 H. 378, 927 P.2d 386.



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