04-19Posted on Nov 15, 2004 in Formal Opinions
Opinion Letter No. 04-19
November 12, 2004
University of Hawaii Institutional Animal Care & Use Committee
The OIP was asked whether the University of Hawaii Institutional Animal Care & Use Committee (the “UH IACUC”) must conduct its meetings in compliance with the provisions of the Sunshine Law and therefore allow the public to attend.
The OIP found the UH IACUC to be created pursuant to federal law, deriving its official existence and official functions and duties from federal law rather than law of the state. Based upon a reading of the Sunshine Law as a consistent whole and with its legislative history, and absent any indication to the contrary, the OIP opined that the Sunshine Law does not apply to any agency, board, commission, authority, or committee created by or pursuant to federal law.
The OIP thus concluded that the UH IACUC was not subject to the provisions of the Sunshine Law and, therefore, could deny the public access to its meetings.