Opinion Letter No. 09-03
September 25, 2009
RICO Investigative Records
OIP was asked whether the Regulated Industries Complaints
Office, Department of Commerce and Consumer Affairs (RICO) properly
withheld all investigative records related to its petition for disciplinary
action filed against the vocational license of an individual where
the administrative proceeding on that petition was ongoing at the
time the UIPA request was made.
OIP opined that because an administrative proceeding
was ongoing, section 92F-22(4), HRS, generally allowed RICO to withhold
access to its investigative report and other materials related to
However, certain records that were already public,
or that were created by or were in the possession of the individual,
should have been disclosed if disclosure would not have frustrated
RICO’s exercise of a legitimate government function.