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2018 Op. Haw. Att'y Gen. 1 (2018)

handle is hein.sag/saghi0092 and id is 1 raw text is: 







          STATE OF  HAWAII
OFFICE  OF INFORMATION   PRACTICES
        NO I CAPITOL DISTRICT BUILDING
        250 SOUTH HOTEL STREET, SUITE 107
           HONOLULU, HAWAII 96813
     Telephone (805) 566-1400 FAX- (50) 586-1412
            E-MAIL oip@hawail gov
            www.pohawpil.qqy


CHERYL KAKAZU PARK
   DIRECTOR


OPINION


Requester:

Board:
Date:
Subject:


Jacqui Hoover, President
Hawaii Leeward  Planning Conference
Commission  on Water Resource Management
January 11, 2018
Site Visits and Presentations as Adjudicatory Functions
(S APPEAL   15-8)


REQUEST FOR OPINION


      Requester seeks a decision as to whether the Commission on Water Resource
Management   (CWRM),  a board under the Department of Land and Natural
Resources (DLNR), violated the Sunshine Law by holding a series of site visits and
presentations which were not noticed or conducted as Sunshine Law meetings, and
which were attended by a majority of CWRM members.

      Unless otherwise indicated, this decision is based upon the facts presented in
Requester's email to this office dated October 20, 2014, and attached materials; and
CWRM's   email to this office dated November 10, 2014, and attached materials.

                          QUESTION PRESENTED

      Whether the Sunshine Law's exemption in section 92-6, HRS, for boards'
adjudicatory functions allowed CWRM to hold a series of site visits and
presentations without conducting them as Sunshine Law meetings.


OIP Op. Ltr. No. 18-01


DAVID Y ISE


The Office of Information Practices (OIP) is authorized to resolve complaints
concerning compliance with or applicability of the Sunshine Law, Part I of
chapter 92, Hawaii Revised Statutes (HRS), pursuant to sections 92-1.5 and 92F-
42(18), HRS, and chapter 2-73, Hawaii Administrative Rules (HAR).

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