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2015 Op. Haw. Att'y Gen. 1 (2015)

handle is hein.sag/saghi0086 and id is 1 raw text is: 










NEIL ABERCROMBIE
   G OVERNOR
 SHAN TSUTSUI
LIEU ENANT GVE R


           STATE OF HAWAII
OFFICE OF THE LIEUTENANT GOVERNOR
OFFICE OF INFORMATION PRACTICES
          NO. i CAPITOL DISTRICT BUILDING
          250 SOUTH HOTEL STREET, SUITE 107
            HONOLULU, HAWAri 96813
      Telephone: (808) 586-1400 FAX: (808) 586-1412
             E-MAIL:


CHERYL KAKAZU PARK
    DIECO


DECISION


Requester:
Agency:
Date:
Subject:


The Garden Island
Kauai Police Department, County of Kauai
September 15, 2014
Toxicology Reports (APPEAL 11-15)


REQUEST FOR DECISION


      Requester seeks a decision as to whether the Kauai Police Department (KPD)
properly denied its request under Part II of the UIPA for access to toxicology reports
concerning two individual motorists who died in motor vehicle accidents.

      Unless otherwise indicated, this advisory opinion is based solely upon the
letter to OIP from KPD and the Kauai Office of the County Attorney (County
Attorney), dated January 10, 2011 (KPD Letter); letters from Ms. Katherine
Keating, Esq., on behalf of Requester, dated December 9, 2010, and February 10,
2011; telephone conversations with Assistant Chief Roy Asher, of KPD's
Investigative Services Bureau, on October 2, 2013, and November 18, 2013; and the
toxicology reports for the two motorists provided for OIP's in camera review.

                          QUESTION PRESENTED

      Whether the toxicology reports for two individual motorists who died in
separate motor vehicle accidents are required to be disclosed under the UIPA.


OIP Op. Ltr. No. F15-01


The Office of Information Practices (OIP) is authorized to issue decisions under
the Uniform Information Practices Act (Modified), chapter 92F, Hawaii Revised
Statutes (HRS) (the UIPA) pursuant to section 92F-42, HRS, and chapter 2-73,
Hawaii Administrative Rules (HAR).

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