S Memo 14-8

Posted on Oct 25, 2013 in Informal Opinions - Sunshine Law

S Memo 14-8
October 25, 2013
Mailing of Notice in a Timely Manner

Requester filed a complaint alleging that the Motor Vehicle Repair Industry Board (MVR) and the Motor Vehicle Industry Licensing Board (MVIL) violated the Sunshine Law by not mailing meeting notices in a timely manner.  Both boards are attached to the Department of Commerce and Consumer Affairs (DCCA) for administrative purposes. 

As boards subject to the Sunshine Law, the MVIL and MVR must comply with all notice requirements in section 92-7, HRS, including the mailing requirement.  OIP found that the Sunshine Law’s notice mailing requirement in section 92‑7(e), HRS, was violated once each by the MVIL and MVR.  OIP found insufficient evidence to show a “consistent pattern” of DCCA’s mailing notices late as alleged by Requester.  OIP noted that DCCA had already taken the corrective action that OIP would have recommended, i.e., cancelling the meeting that had not yet occurred, and reminding staff about the Sunshine Law’s notice mailing requirement.  OIP also recommended that MVIL and MVR members and support staff review OIP’s Sunshine Law training materials available on OIP’s website, and contact OIP’s “attorney of the day” any time with questions.