Office of Information Practices

U Memo 11-4
September 28, 2010
Rules Projects and Records Between DOTAX and Legislature

Requester asked whether the Department of Taxation, State of Hawaii (DOTAX), properly denied his request under part II of the UIPA for (1) all documents relating to active rules projects, and (2) documents from DOTAX to specified committees and members of the Hawaii State Legislature relating to specific legislation.

OIP generally found that DOTAX’s stated basis for withholding all draft rules and other internal materials relating to pending administrative rules projects under HRS § 92F-13(3) is proper.

OIP also found that DOTAX cannot withhold the records sent to the Legislature under HRS § 92F-13(5), which applies only to records maintained by the Legislature’s committees and members, not a third party agency. Further, DOTAX had not presented a factual basis for application of the deliberative process privilege to those same records to justify withholding under HRS § 92F-13(3).