Office of Information Practices

U Memo 14-1
September 3, 2013
Whether Kona Ambulatory Surgery Center, LLC,  
Is an Agency Subject to the UIPA

Requester asked whether Kona Ambulatory Surgery Center, LLC (KASC), is an agency subject to the UIPA. 

OIP first discussed a finding by the Hawaii Supreme Court that “threshold issues that relate to the applicability of UIPA, such as the definition of ‘agency’ . . . are not left to OIP’s discretion.” Olelo: The Corp. for Comm’ty Tel. v. Office of Information Practices, 116 Haw. 337, 346 (Haw. 2007).  Courts will rule de novo on whether or not an entity is an “agency” subject to the UIPA.  Id.  In other words, courts will make a determination on this threshold issue without deference to an OIP opinion. 

OIP then noted the UIPA defines an “agency” as “any unit of government in this State, any county, or any combination of counties; department; institution; board; commission; district; council; bureau; office; governing authority; other instrumentality of state or county government; or corporation or other establishment owned, operated, or managed by or on behalf of this State or any county. . . .”  HRS § 92F-3 (2012). 

OIP opined that KASC is not owned by the State, and KASC is not operated by the State, managed by the State, or managed on behalf of the State.  As such, KASC is not an agency subject to the UIPA.