Bill Text: HI HB2545 | 2020 | Regular Session | Introduced

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Bill Title: Relating To Contested Cases.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-27 - Referred to JUD, FIN, referral sheet 5 [HB2545 Detail]

Download: Hawaii-2020-HB2545-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2545
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to contested cases.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 174C-12.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§174C-12.5  Contested cases; appeals.[]]  (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.

     (c)  The commission shall not receive any petition related to contested issues that were known or may have been known by persons aggrieved but not raised in a contested case before this agency or any agency with shared jurisdiction over the contested issue.

     (d)  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."

     SECTION 2.  Section 183C-9, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§183C-9[]]  Contested cases.  (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, except for those appeals heard pursuant to this chapter arising in whole or in part from part III of chapter 205A or arising in whole or in part from chapter 115.  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.

     (c)  The board shall not receive any petition related to contested issues that were known or may have been known by persons aggrieved but not raised in a contested case before this agency or any agency with shared jurisdiction over the contested issue.

     (d)  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."

     SECTION 3.  Section 205-19, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§205-19[]]  Contested cases.  (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.

     (c)  The commission shall not receive any petition related to contested issues that were known or may have been known by persons aggrieved but not raised in a contested case before this agency or any agency with shared jurisdiction over the contested issue.

     (d)  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."

     SECTION 4.  Section 206E-5.6, Hawaii Revised Statutes, is amended to read as follows:

     "§206E-5.6  Public hearing for decision-making; separate hearings required; contested case hearing; judicial review.  (a)  When rendering a decision regarding:

     (1)  An amendment to any of the authority's community development rules established pursuant to chapter 91 and section 206E‑7; or

     (2)  The acceptance of a developer's proposal to develop lands under the authority's control, the authority shall render its decision at a public hearing separate from the hearing that the proposal under paragraph (1) or (2) was presented.

     (b)  The authority shall issue a public notice in accordance with section 1‑28.5 and post the notice on its website; provided that the decision-making hearing shall not occur earlier than five business days after the notice is posted.  Public notice issued pursuant to this subsection for public hearings on the acceptance of a developer's proposal to develop lands under the authority's control shall state that any written motion to intervene as a formal party to the proceeding shall be received within twenty days after the publication date of the public notice.

     (c)  Prior to rendering a decision, the authority shall provide the general public with the opportunity to testify at its decision-making hearing; provided that members of the public who are not intervenors in the proceeding shall not be considered formal parties to the proceeding.

     (d)  The authority shall notify the president of the senate and speaker of the house:

     (1)  Of any public hearing upon posting of the hearing notice; and

     (2)  With a report detailing the public's reaction at the public hearing, within one week after the hearing.

     (e)  When considering any developer's proposal to develop lands under the authority's control that includes any request for a variance, exemption, or modification of a community development plan or of the authority's community development rules, the authority shall consider the request for variance, exemption, or modification at a public hearing, noticed in accordance with section 1-28.5, separate from and subsequent to the hearing at which the developer's proposal was presented; provided that the authority may consider all requests applicable to a single proposal at the same public hearing.  The authority's decision on requests subject to this subsection shall be rendered at the decision-making hearing on the developer's proposal.

     (f)  No final decision of the authority on a developer's proposal shall be issued until after all proceedings required by this section are finally concluded.

     (g)  Proceedings regarding the acceptance of a developer's proposal to develop lands under the authority's control shall be considered a contested case hearing.

     (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.  Chapter 91 shall apply to the judicial review 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.]

     (i)  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.

     (j)  The authority shall not receive any petition related to contested issues that were known or may have been known by persons aggrieved but not raised in a contested case before this agency or any agency with shared jurisdiction over the contested issue.

     [(j)] (k)  The authority shall not approve any developer's proposal to develop lands under the authority's control unless the authority finds that the proposed development project is reasonable and is consistent with the development rules and policies of the relevant development district.  In making its finding pursuant to this subsection, the authority shall consider:

     (1)  The extent to which the proposed project:

          (A)  Advances the goals, policies, and objectives of the applicable district plan;

          (B)  Protects, preserves, or enhances desirable neighborhood characteristics through compliance with the standards and guidelines of the applicable district rules;

          (C)  Avoids a substantially adverse effect on surrounding land uses through compatibility with the existing and planned land use character of the surrounding area; and

          (D)  Provides housing opportunities for all income groups, particularly low, moderate, and other qualified income groups;

     (2)  The impact of the proposed project on the following areas of urban design, as applicable:

          (A)  Pedestrian oriented development, including complete streets design;

          (B)  Transit oriented development, including rail, bus, and other modes of rapid transit; and

          (C)  Community amenities such as gathering places, community centers, culture and arts facilities, and the full array of public facilities normally provided by the public sector;

     (3)  The impact of the proposed project on the following areas of state concern:

          (A)  Preservation of important natural systems or habitats;

          (B)  Maintenance of valued cultural, historical, or natural resources;

          (C)  Maintenance of other resources relevant to the State's economy;

          (D)  Commitment of state funds and resources;

          (E)  Employment opportunities and economic development; and

          (F)  Maintenance and improvement of the quality of educational programs and services provided by schools;

     (4)  The representations and commitments made by the developer in the permit application process.

     (l)  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."

     SECTION 5.  Section 269-15.51, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§269-15.51[]]  Contested cases.  (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.

     (c)  The public utilities commission shall not receive any petition related to contested issues that were known or may have been known by persons aggrieved but not raised in a contested case before this agency or any agency with shared jurisdiction over the contested issue.

     (d)  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."

SECTION 6.  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 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Contested Case Hearings; Supreme Court; Expedited Review

 

Description:

Precludes aggrieved persons from filing additional appeals with the supreme court arising in contested case hearings of the commission on water resource management, land use commission, public utilities commission, Hawaii community development authority, and those involving conservation districts regarding contested issues that those aggrieved persons knew or may have known but did not raise before the agency issued a final decision.

 

 

 

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