U Memo 14-7Posted on Mar 12, 2014 in Informal Opinions - UIPA Opinions
U Memo 14-7
March 12, 2014
Names of Individuals Who Signed
Notarized Certificates of Experience
Requester sought a decision as to whether the Department of Commerce and Consumer Affairs, Professional and Vocational Licensing Division, Contractors License Board (CLB) properly redacted names of individuals (Certifiers) who signed notarized certificates of experience (Experience Certificates) contained in a contractor’s licensing file under Part II of the UIPA.
OIP found that the UIPA’s exception to disclosure at section 92F-13(1), HRS, for records which, if disclosed, would constitute a clearly unwarranted invasion of personal privacy, protects the names of Certifiers from public disclosure because the contractor has a significant privacy interest under subsections 92F-14(b)(7) and (8), HRS, in the names of the Certifiers who completed Certificates of Experience for his application for licensure, which is not outweighed by the public interest in disclosure. HRS § 92F-14(a) (2012).
In addition, OIP found that the CLB’s legitimate government function of granting contractor licenses would likely be frustrated if the identities of Certifiers are made public because the number of potential Certifiers willing to complete Experience Certificates will likely decline. Certifiers’ identities may be withheld under section 92F‑13(3), HRS, which does not require disclosure of government records that, by their nature, must be confidential in order to avoid the frustration of a legitimate government function.