UIPA Memo 11-4
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)
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).