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2019 Op. Haw. Att'y Gen. 1 (2018-2019)

handle is hein.sag/saghi0094 and id is 1 raw text is: 








         STATE OF HAWAII
OFFICE OF INFORMATION PRACTICES
        NO. 1 CAPITOL DISTRICT BUILDING
        250 SOUTH HOTEL STREET, SUITE 107
          HONOLULU, HAWAI'I 96813
    Telephone: (808) 586-1400  FAX: (808) 586-1412
           E-MAIL: oip@hawaii.gov
           www.oip.hawaii.qov


CHERYL KAKAZU PARK
    DIRECTOR


OPINION


Requester:
Agency:
Date:
Subject:


Donald Marks, Eric Wilson, and Gary Karagianes
Hawaii Paroling Authority
October 11, 2018
Minimum Decision Record (RECON-G 18-01)


REOUEST FOR OPINION


      Donald Marks (Marks), Eric Wilson (Wilson), and Gary Karagianes
(Karagianes) (collectively Requesters) previously sought decisions as to whether
the Hawaii Paroling Authority (HPA) properly denied under the UIPA their
requests for their respective Minimum Decision Record. Those requests were
consolidated and resulted in the issuance of OIP Opinion Letter Number F 17-04
(Opinion F 17-04). The Department of the Attorney General, on behalf of HPA,
made a timely request for reconsideration of Opinion F 17-04, which was granted on
February 22, 2018. Upon reconsideration, OIP overrules in its entirety Opinion
F17-04 and withdraws it in favor of this OIP Opinion Letter Number F19-01.

      Unless otherwise indicated, this decision is based solely upon the facts
presented in the following:

      1. As specifically related to Marks: a letter to HPA from Marks dated
         August 27, 2013; a letter to Marks from HPA dated September 9, 2013; a
         letter to OIP from Marks dated September 24, 2013, with enclosures;
         OIP's Notice of Appeal to HPA dated September 30, 2013, with enclosures;
         a telephone conversation with HPA Paroles and Pardons Administrator
         Tommy Johnson (Johnson) on October 1, 2013; a letter to OIP from HPA
         dated October 15, 2013; four letters to OIP from Marks dated respectively


OIP Op. Ltr. No. F19-01


DAVID Y. IGE
GOVERNOR


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 sections 92F-27.5 and 92F-42, HRS, and
chapter 2-73, Hawaii Administrative Rules (HAR).

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