269-15.5

Appeals

[§269-15.51] Contested cases. [Section repealed July 1, 2019. L 2016, c 48, §14.] (a) Chapter 91 shall apply to every contested case arising under this chapter except where chapter 91 conflicts with this chapter, in which case this chapter shall apply. Any other law to the contrary notwithstanding, including chapter 91, any contested case under this chapter shall be appealed from a final decision and order or a preliminary ruling that is of the nature defined by section 91-14(a) upon the record directly to the supreme court for final decision. Only a person aggrieved in a contested case proceeding provided for in this chapter may appeal from the final decision and order or preliminary ruling. For the purposes of this section, the term “person aggrieved” includes an agency that is a party to a contested case proceeding before that agency or another agency.

(b) The court shall give priority to contested case appeals of significant statewide importance over all other civil or administrative appeals or matters and shall decide these appeals as expeditiously as possible. [L 2016, c 48, §4]

Note

Judiciary report to 2019 legislature on change in judicial proceedings made by L 2016, c 48. L 2016, c 48, §11.

Cross References

Appeals, see §269-15.5.tay the order after a hearing upon a motion therefor and may impose conditions it deems proper, including but not limited to requiring a bond, requiring that accounts be kept, or requiring that other measures be taken as ordered to secure restitution of the excess charges, if any, made during the pendency of the appeal, in case the order appealed from is sustained, reversed, or modified in whole or in part. [L 1998, c 195, §1; am L 2004, c 202, §28; am L 2006, c 94, §1; am L 2010, c 109, §1; am L 2016, c 48, §9]

Note

Judiciary report to 2019 legislature on change in judicial proceedings made by L 2016, c 48. L 2016, c 48, §11.

The source note to this section is supplemented by “am L 2006, c 94, §1; am L 2010, c 109, §1”.

Cross References

Contested cases, see §269-15.51.

Rules of Court

Appeals, see Hawaii Rules of Appellate Procedure; stay pending appeal, see HRAP rule 8.

Case Notes

Where a hearing on a petition for a declaratory order before the public utilities commission was discretionary and not required by law, the dismissal order was not a contested case under §91-1(5); therefore, because a direct appeal to the intermediate appellate court (ICA) under §91-14(b) and this section only applied to contested cases, appellant power company was not entitled to appeal the dismissal order directly to the ICA; thus, the ICA lacked jurisdiction over appellant’s appeal. 126 H. 242 (App.), 269 P.3d 777 (2012).