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Agency says it has no power to enforce open records law

Hawaii’s open records agency is claiming that state law gives it no power to enforce its rulings.

The Office of Information Practices posted its unsigned opinion online Tuesday.

The article, called “The Raw Truth,” says the OIP has never been given authority to compel the government to follow its rulings, despite a state law that says agencies shall make records available when the OIP makes a determination that records should be disclosed.

The OIP says the Hawaii Supreme Court has rejected its arguments that opinions mandating disclosure are binding upon agencies.

OIP lawyers said in February that Gov. Neil Abercrombie must release the names of candidates for a position on the Hawaii Supreme Court, but he has refused to comply.

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