U Memo 13-4Posted on Apr 3, 2013 in Informal Opinions - UIPA Opinions
U Memo 13-4
April 3, 2013
Failure to Respond to Request for Records
The County of Kauai Department of Public Works’ (Works-K) failure to respond at all to a record request amounted to an effective denial of access. As such, Works-K failed to comply with the UIPA’s mandate that agencies publicly disclose government records unless an exception applies, and failed to uphold the burden of proof imposed by the UIPA to justify its nondisclosure. OIP advised Works-K to immediately provide Requester with the records, or if it intends to charge fees, Works-K should provide notice within ten business days.