U Memo 11-6Posted on Oct 4, 2010 in Informal Opinions - UIPA Opinions
U Memo 11-6
October 4, 2010
Grant of Easement
Requester asked whether the Office of the County Attorney, County of Kauai properly responded to Requester’s request for a copy of a Grant of Easement agreement (the Agreement) between Wai’oli Corporation and the County of Kauai under part II of the UIPA.
An agency may generally withhold a draft agreement under the UIPA, but when doing so the agency must still acknowledge that the draft agreement exists and state the legal basis for its denial. HRS § 92F-13(3); HAR §§ 2-71-13(b) and -(14)(b). OIP found that the County Attorney’s response to Requester’s written request, which was to deny that it had any records responsive to the request, did not comply with OIP’s administrative rules promulgated under the UIPA. HRS § 92F-42(12); HAR § 2-71-13(b) and -(14)(b).