Bill Text: HI HB1581 | 2016 | Regular Session | Amended
Bill Title: Judicial Proceedings; Contested Case Hearings; Supreme Court; Expedited Review
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-05-11 - Act 048, 05/10/2016 (Gov. Msg. No. 1149). [HB1581 Detail]
Download: Hawaii-2016-HB1581-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1581 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO JUDICIAL PROCEEDINGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 183C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§183C- Contested cases. Chapter 91 shall apply to every contested case arising under this chapter except where it conflicts with this chapter, in which case this chapter shall apply. Any other law to the contrary notwithstanding, including chapter 91, any contested case hearing under this chapter shall be appealed upon the record directly to the supreme court for final decision."
SECTION 2. Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§205- Contested cases. Chapter 91 shall apply to every contested case arising under this chapter except where it conflicts with this chapter, in which case this chapter shall apply. Any other law to the contrary notwithstanding, including chapter 91, any contested case hearing under this chapter shall be appealed upon the record directly to the supreme court for final decision."
SECTION 3. Section 91-14, Hawaii Revised Statutes, is amended to read as follows:
"§91-14 Judicial review of contested cases. (a) Any person aggrieved by a final decision and order in a contested case or by a preliminary ruling of the nature that deferral of review pending entry of a subsequent final decision would deprive appellant of adequate relief is entitled to judicial review thereof under this chapter; but nothing in this section shall be deemed to prevent resort to other means of review, redress, relief, or trial de novo, including the right of trial by jury, provided by law. Notwithstanding any other provision of this chapter to the contrary, for the purposes of this section, the term "person aggrieved" shall include an agency that is a party to a contested case proceeding before that agency or another agency.
(b) Except as otherwise provided herein, proceedings for review shall be instituted in the circuit court or, if applicable, the environmental court, within thirty days after the preliminary ruling or within thirty days after service of the certified copy of the final decision and order of the agency pursuant to rule of court, except where a statute provides for a direct appeal to the supreme court or the intermediate appellate court, subject to chapter 602. In such cases, the appeal shall be treated in the same manner as an appeal from the circuit court to the supreme court or the intermediate appellate court, including payment of the fee prescribed by section 607-5 for filing the notice of appeal (except in cases appealed under sections 11-51 and 40-91). The court in its discretion may permit other interested persons to intervene.
(c) The proceedings for review shall not stay enforcement of the agency decisions or the confirmation of any fine as a judgment pursuant to section 92-17(g); but the reviewing court may order a stay if the following criteria have been met:
(1) There is likelihood that the subject person will prevail on the merits of an appeal from the administrative proceeding to the court;
(2) Irreparable damage to the subject person will result if a stay is not ordered;
(3) No irreparable damage to the public will result from the stay order; and
(4) Public interest will be served by the stay order.
(d) Within twenty days after the determination of the contents of the record on appeal in the manner provided by the rules of court, or within such further time as the court may allow, the agency shall transmit to the reviewing court the record of the proceeding under review. The court may require or permit subsequent corrections or additions to the record when deemed desirable.
(e) If, before the date set for hearing, application is made to the court for leave to present additional evidence material to the issue in the case, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon such conditions as the court deems proper. The agency may modify its findings, decision, and order by reason of the additional evidence and shall file with the reviewing court, to become a part of the record, the additional evidence, together with any modifications or new findings or decision.
(f) The review shall be conducted by the
appropriate court without a jury and shall be confined to the record, except
that in the cases where a trial de novo, including trial by jury, is provided
by law and also in cases of alleged irregularities in procedure before the
agency not shown in the record, testimony thereon may be taken in court. The
court [shall], upon request by any party, shall hear oral
arguments and receive written briefs.
(g) Upon review of the record, the court may affirm the decision of the agency or remand the case with instructions for further proceedings; or it may reverse or modify the decision and order if the substantial rights of the petitioners may have been prejudiced because the administrative findings, conclusions, decisions, or orders are:
(1) In violation of constitutional or statutory
provisions; [or]
(2) In excess of the statutory authority or
jurisdiction of the agency; [or]
(3) Made upon unlawful procedure; [or]
(4) Affected by other error of law; [or]
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary, or capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(h) Upon a trial de novo, including a trial by jury as provided by law, the court shall transmit to the agency its decision and order with instructions to comply with the order.
(i) Where a court remands a matter to an agency for the purpose of conducting a contested case hearing, the court may reserve jurisdiction and appoint a master or monitor to ensure compliance with its orders.
(j) The court shall give priority to contested case appeals of significant statewide importance, or in which constitutional issues are raised, over all other civil or administrative appeals or matters and shall decide these appeals as expeditiously as possible."
SECTION 4. Section 183C-8, Hawaii Revised Statutes, is amended to read as follows:
"[[]§183C-8[]] Zoning
order; appeal to circuit environmental court. [Any] Except as
otherwise provided in this chapter, any final order of the department based
upon this [[]chapter[]] may be appealed to the circuit
environmental court of the circuit in which the land in question is found. The
appeal shall be in accord with chapter 91 and the Hawaii rules of civil
procedure."
SECTION 5. Section 206E-5.6, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:
"(h) Any party aggrieved by a final
decision of the authority regarding the acceptance of a developer's proposal to
develop lands under the authority's control may seek judicial review of the
decision within thirty days[, pursuant to section 91-14]. Chapter 91
shall apply to the judicial review except where it conflicts with this chapter,
in which case this chapter shall apply. Any other law to the contrary
notwithstanding, including chapter 91, any contested case hearing under this
chapter shall be appealed upon the record directly to the supreme court for
final decision."
SECTION 6. Section 206E-20, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) [Any] Except as otherwise
provided in this chapter, any action or proceeding to which the authority,
the State, or the county may be a party, in which any question arises as to the
validity of this chapter, shall be brought in the circuit court of the circuit
where the case or controversy arises, and shall be heard and determined in
preference to all other civil cases pending therein except election cases,
irrespective of position on the calendar."
2. By amending subsection (c) to read:
"(c) [Any] Except as otherwise
provided in this chapter, any action or proceeding to which the authority,
the State, or the county may be a party, in which any question arises as to the
validity of this chapter or any portion of this chapter, may be filed in the
circuit court of the circuit where the case or controversy arises, which court
is hereby vested with original jurisdiction over the action."
SECTION 7. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect upon its approval.
Report Title:
Judicial Proceedings; Contested Case Hearings; Supreme Court; Expedited Review
Description:
Requires contested case hearings of the land use commission, Hawaii community development authority, and those involving conservation districts to be appealed directly to the supreme court. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
