Haw. Code R. § 18-231-19.5-05 - Written opinions; notice of intention to disclose

(a) At the time of issuing any written opinion, the department shall mail a notice of intention to disclose to any person to whom the written opinion pertains. The notice shall:

(1) State that the department intends to make all or part of the written opinion available for public inspection and copying;

(2) Notify the recipients of when the written opinion will become public, and of the administrative remedies that are available under section 18-231-19.5-07; and

(3) Prominently indicate the date on which the notice was mailed.

(b) Notwithstanding subsection (a), the department shall not be required to mail a notice of intention to disclose to:

(1) All shareholders of a widely held corporation, all employees of a business entity that may be involved in a plan, individual members of an unincorporated association, or similar persons whose interests would be fairly and adequately represented by an entity;

(2) Any person at an address other than that specified in the request for the written opinion, or in subsequent correspondence to the department's technical review office; or

(3) Any person not identified by name and address in the request for the written opinion.

Notes

Haw. Code R. § 18-231-19.5-05

[Eff 11/25/94] (Auth: HRS §§ 231-3(9), 231-19.5) (Imp: HRS § 231-19.5)