2024-10-28 DPW Response to Appellants Subpoenas

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matters within [his]jurisdiction . . ." See BOA Rule 8-2 (The BOA can only hear appeals filed by a person "aggrieved by the final decision of the Director . . .") This appeal raises a host of technical and novel legal issues; however, the issue for the BOA to consider is whether Public Works' January 13, 2023 decision to deny Appellants' Declarations of Compliance violated a law or was clearly erroneous, arbitrary, capricious, an abuse of discretion, or a clearly unwarranted exercise of discretion. B. LEGAL FRAMEWORK AND APPLICABLE LAW I. Contested case hearings. The BOA does not have jurisdiction to hear issues that arise under Hawaii's Uniform Information Practices Act. HRS, "Chapter 92F," entitled "Uniform Information Practices Act," ("UIPA") allows the public to ask its government for a copy of a government record. However, the public is not entitled to all government records. There are exceptions to disclosure, e.g., an agency is not required to "grant an individual access to personal records, or information in such records . . . including reports and materials, related to an upcoming, ongoing, or pending civil or criminal action or administrative proceeding against the individual." HRS § 92F-22(4); e.g., HRS § 92F-13. "Government records; exceptions to general rule" has other exceptions to the general rule of disclosure. When an agency denies a person access to a government record, that person can file an appeal with the State of Hawaii's Office of Information Practice or file an action to compel disclosure in Circuit Court. See HRS §§ 92-15, 92-15.5. The BOA does not have jurisdiction over and does not decide questions or appeals under the UIPA. Additionally, the BOA is not subject to the Hawaii Rules of Civil Procedure ("HRCP"). See HRCP Rule 1(a) ("These Rules govern the procedure in the circuit courts of the State in all suits of a civil nature whether cognizable as cases at law or in equity . . ."). However, the BOA 3