Section 11-451-19 - Establishment and content of administrative records(a) The purpose of this subchapter is to establish guidelines for the contents of administrative records; the location of the administrative records; when the department shall establish administrative records; and the procedures by which the public, potentially responsible parties, and other persons may comment on administrative records.(b) Content of administrative records for response action selection. The department shall establish administrative records that contain the documents that form the basis for the selection of a response action. The department shall compile and maintain administrative records in accordance with this section. (1) The administrative record for the selection of a response action may contain the following types of documents: (A) Documents containing factual information, data and analysis of the factual information, and data that may form the basis for the selection of a response action;(B) Guidance documents, technical literature, and site-specific policy memoranda that may form the basis for the selection of the response action;(C) Documents received, published, or made available to the public under section 11-451-20 for remedial actions, or section 11-451-21 for removal actions;(D) Decision documents, including response action memorandums and removal action reports;(E) Orders issued, or enforceable agreements which the department and potentially responsible parties enter into pursuant to this chapter; and(F) An index of the documents included in the administrative record file. If documents are customarily grouped together, as with sampling data chain of custody documents, they may be listed as a group in the index to the administrative record file.(2) If information which forms the basis for the selection of a response action is included only in a document containing confidential or privileged information and is not otherwise available to the public, the information, to the extent feasible, shall be summarized in such a way as to make it disclosable and the summary shall be placed in the publicly available portion of the administrative record file. The confidential or privileged document itself shall be placed in the confidential portion of the administrative record file pursuant to sections 92F-13.3 and 92F-13.4, HRS. If information, such as confidential business information, cannot be summarized in a disclosable manner, the information shall be placed only in the confidential portion of the administrative record file pursuant to sections 92F-13.3 and 92F-13.4, HRS. All documents contained in the confidential portion of the administrative record file shall be listed in the index to the file.(3) Administrative records for the selection of a response action need not contain the following types of documents: (A) Sampling and testing data, quality control and quality assurance documentation, chain of custody forms, publicly available technical literature not generated for the facility or vessel at issue, provided that the index to the administrative record files indicates the location and availability of this information.(B) Documents which do not form a basis for the selection of the response action. Such documents include but are not limited to draft documents, internal memoranda, and day-to-day notes of staff.(4) Administrative records for the selection of a response action shall not contain privileged documents except where such privilege is waived. Privileged documents include but are not limited to documents subject to the attorney-client, attorney work product, deliberative process, or other privileges recognized by law.(c) Administrative record docket. The department shall establish a docket at an office of the department at which documents included in the administrative record files shall be located and be made available for public inspection.(d) Administrative records for orders. The department shall establish separate administrative records consisting of the documents and other papers and materials considered by the director in issuing an order pursuant to section 128D-17, HRS.[Eff. AUG 17 1995] (Auth: HRS §§ 128D-7, 128D-14) (Imp: HRS §§ 128D-7, 128D-14)