09-03Posted on Sep 25, 2009 in Formal Opinions
Opinion Letter No. 09-03
September 25, 2009
RICO Investigative Records
OIP was asked whether the Regulated Industries Complaints Office, Department of Commerce and Consumer Affairs (RICO) properly withheld all investigative records related to its petition for disciplinary action filed against the vocational license of an individual where the administrative proceeding on that petition was ongoing at the time the UIPA request was made.
OIP opined that because an administrative proceeding was ongoing, section 92F-22(4), HRS, generally allowed RICO to withhold access to its investigative report and other materials related to that proceeding.
However, certain records that were already public, or that were created by or were in the possession of the individual, should have been disclosed if disclosure would not have frustrated RICO’s exercise of a legitimate government function.