MAHALO for participating in the briefing and survey, and providing any comments to OIP.  OIP will consider the survey results and all comments received by the end of September 2017 to revise the draft rules and prepare the actual rules that it will propose for public hearing and adoption.  Your participation in the rulemaking process is greatly appreciated and will help to keep Hawaii’s government open and transparent.  Please note that this survey does not concern the Sunshine Law Update.

* 1. Last Name:

* 2. First Name

* 3. State or County Government, or Individual Member of the Public

* 4. Name of Government Agency

* 5. E-mail address:

* 6. Daytime phone number:

* 7. Please check whether you agree or disagree with the following statements, and provide any overall comments regarding the briefing or the draft rules.

Before the briefing, I already had a good or excellent understanding of the current rules to process UIPA record requests.

* 8. The PowerPoint presentation clearly summarized the draft rules.

* 9. I have read OIP’s draft rules.

* 10. I understand that OIP intends to revise the draft rules after receiving these surveys and public comments, before preparing rules that OIP will actually propose later this year for public hearing and possible adoption.

* 11. I believe that the draft rules fairly and reasonably implement the public’s right to access records while considering the agencies’ practical challenges in providing access to records.

* 12. Overall COMMENTS on Draft Rules and Presentation:

* 13. To help trigger your recall of specific concerns, OIP has summarized the subjects covered in the PowerPoint presentation and asks you to first check whether or not these statements are clear from the briefing or rules themselves.  

In the COMMENT BOXES, please provide any additional comments, such as what was unclear in the presentation, whether you agree or disagree with the draft rule, and how you would amend the draft rule. You can also email your comments in a separate correspondence to OIP@hawaii.gov.

* 14. The draft Personal Records Rules are clear that personal records are different from government records - must be “about an individual.”

* 15. The draft Personal Records Rules are clear that personal records must be accessible by agency.

* 16. The draft Personal Records Rules are clear that an agency needs to verify the identity of a personal record requester or agent.

* 17. The draft Personal Records Rules are clear that an agency needs verification of an agent’s authority for personal record requests made by that agent.

* 18. The draft Personal Records Rules are clear that there is a time limit of 10 business days to respond to personal record request, unless extended due to unusual circumstances.

* 19. The draft Personal Records Rules are clear that there is a time limit of 5 business days to send an NTR if prepayment is required.

* 20. The draft Personal Records Rules are clear that agencies need a written request for amendment/clarification of personal records.

* 21. The draft Personal Records Rules are clear that there is a time limit of 20 business days for the agency’s response to a written request for amendment/clarification.

* 22. OVERALL COMMENTS ON PERSONAL RECORDS DRAFT RULES:

* 23. The draft rules for Agency Procedures to Respond to Any Record Request are clear that an NTR must be sent for formal written requests, unless the record is disclosed in its entirety and no fees are assessed.

* 24. The draft rules for Agency Procedures to Respond to Any Record Request are clear that an NTR need not be sent for informal, routine, or duplicative requests.

* 25. The draft rules for Agency Procedures to Respond to Any Record Request are clear that a notice of no response must be sent for duplicative requests.

* 26. The draft rules for Agency Procedures to Respond to Any Record Request are clear that multiple requests from the same requester may be consolidated.

* 27. The draft rules for Agency Procedures to Respond to Any Record Request are clear that a record is "readily retrievable" when it would take less time to create a compilation or summary than to review and segregate records for disclosure and not more than 30 minutes.

* 28. The draft rules for Agency Procedures to Respond to Any Record Request are clear that there may be different time limits to 1) send the NTR and 2) disclose the requested records.

* 29. The draft rules for Agency Procedures to Respond to Any Record Request are clear that the time limits for an agency's response may depend on whether it is a government versus personal record.

* 30. The draft rules for Agency Procedures to Respond to Any Record Request are clear that there are extended time limits for unusual circumstances.

* 31. The draft rules for Agency Procedures to Respond to Any Record Request are clear that an agency may provide an alternative location for inspection or copying.

* 32. The draft rules for Agency Procedures to Respond to Any Record Request are clear that the requester has certain responsibilities.

* 33. The draft rules for Agency Procedures to Respond to Any Record Request are clear that a request may be considered abandoned if the requester fails to meet the requester's responsibilities.

* 34. OVERALL COMMENTS ON AGENCY PROCEDURES DRAFT RULES:

* 35. Protection of Records and MEI draft rules are clear that an agency may provide a  redacted copy instead of blacking out the original record.

* 36. Protection of Records and MEI draft rules are clear that a requester seeking to inspect records may be required to sign a statement of criminal and civil liability for loss or damage to a record being inspected.

* 37. Protection of Records and MEI draft rules are clear that there are various factors to establish MEI.

* 38. Protection of Records and MEI draft rules are clear that only one fee waiver applies to consolidated MEI requests.

* 39. Protection of Records and MEI draft rules are clear that an agency may deny fee waiver in next fiscal year for an MEI requester.

* 40. Protection of Records and MEI draft rules are clear that there is no denial of the fee waiver, if an MEI request is in the public interest.

* 41. Protection of Records and MEI draft rules are clear that incremental disclosure is allowed for MEI requests.

* 42. OVERALL COMMENTS ON PROTECTION OF RECORDS AND MEI DRAFT RULES:

* 43. Fees, Costs, and Waiver draft rules are clear that "SRS" fees are to search for, review and segregate records. SRS fees apply to government and personal record requests.

* 44. Fees, Costs, and Waiver draft rules are clear that search fees will be increased to $7.50 per 15-minute increment.

* 45. Fees, Costs, and Waiver draft rules are clear that review and segregation fees will be increased to $15 per 15-minute increment.

* 46. Fees, Costs, and Waiver draft rules are clear that there is a total of $400 in SRS fee waivers per requester per fiscal year by an agency, even if multiple names or email addresses are used by same requester.

* 47. Fees, Costs, and Waiver draft rules are clear that the SRS fee waiver is not applicable to costs or the inspection fee.

* 48. Fees, Costs, and Waiver draft rules are clear that an inspection fee of $7.50 per 15-minute increment may be assessed after the first two hours of inspection oversight by an agency.

* 49. Fees, Costs, and Waiver draft rules are clear that fees can be apportioned equally between requesters for substantially similar record requests, but time limits for the first request apply.

* 50. Fees, Costs, and Waiver draft rules are clear that agencies can charge for reasonable incidental costs, such as making an extra copy to segregate records.

* 51. Fees, Costs, and Waiver Rules are clear that prepayment of fees and costs will still be allowed.

* 52. OVERALL COMMENTS ON FEES, COSTS, AND WAIVER DRAFT RULES:

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