U Memo 15-12Posted on May 14, 2015 in Informal Opinions - UIPA Opinions
U MEMO 15-12
May 14, 2015
Complete Survey of Keauhou Bay
Performed by Sea Engineering
Requester asked whether the Division of Boating and Ocean Resources, Department of Land and Natural Resources (DoBOR), complied with the UIPA in its response to Requester’s Request to Access a Government Record, dated May 19, 2013, for the “complete survey of Keauhou Bay in its entirety, performed by Sea Engineering, regarding the matter of proposed additional moorings” (Record Request) (emphasis in original). Specifically, Requester challenged the adequacy of DoBOR’s search for responsive records.
OIP found that DoBOR complied with the UIPA when, after a reasonable search of its records, it provided access to all of the requested records it maintained as of the date it responded to the Record Request. DoBOR is not required under section 92F-11(b), HRS, to respond to the Record Request as a standing or continuing request for records after having already responded to the initial request.