UIPA Memo 11-6
Grant of Easement
Requester asked whether the Office of the County Attorney,
County of Kauai properly responded to Requester’s request
for a copy of a Grant of Easement agreement (the Agreement) between
Wai’oli Corporation and the County of Kauai under part II
of the UIPA.
An agency may generally withhold a draft agreement
under the UIPA, but when doing so the agency must still acknowledge
that the draft agreement exists and state the legal basis for its
denial. HRS § 92F-13(3); HAR §§ 2-71-13(b) and -(14)(b).
OIP found that the County Attorney’s response to Requester’s
written request, which was to deny that it had any records responsive
to the request, did not comply with OIP’s administrative rules
promulgated under the UIPA. HRS § 92F-42(12); HAR § 2-71-13(b)