§261-13 - Orders, notice, and opportunity for hearings, judicial review.
§261-13 Orders, notice, and opportunity for hearings, judicial review. (a) Every order of the director of transportation requiring performance of or desistance from certain acts or compliance with certain requirements and any denial or revocation of an approval, certificate, or license or refusal of a renewal thereof, (1) shall be in such form as required by section 91-12, (2) shall be made only after reasonable notice and an opportunity to be heard in conformity with chapter 91, and (3) shall be served upon the persons affected either by registered or certified mail with return receipt requested or in person.
(b) In every case where reasonable notice and opportunity for hearing are required under this section, the director shall, on not less than five days' notice personally served, or seven days' notice by registered or certified mail (to be computed from the date of mailing of the notice), specify the matters prescribed in section 91-9; provided that in cases of emergency where the public interest so requires the amount of notice may be shortened, or a temporary order may be issued pending the holding of the hearing. To the extent practicable, hearings on these matters shall be held in the county where the affected person resides or does business.
(c) [2004 amendment repealed June 30, 2010. L 2006, c 94, §1.] Any person aggrieved by an order of the director or by the grant, denial, or revocation of any approval, license, or certificate, or refusal of a renewal thereof, may obtain a review thereof by the circuit court of the circuit in which that person resides or does business in the manner provided in chapter 91 for review of orders in contested cases. Upon application of either party, the court may assign the appeal for hearing at the earliest possible date.
Appeals may be taken and had in the manner provided for a review of a civil judgment of a circuit court.
Upon the final termination of any judicial review, the director shall enter an order or take other action in accordance with the mandate of the court. [L 1947, c 32, pt of §1; RL 1955, §15-19; am L 1965, c 96, §12; HRS §261-13; am L 2004, c 202, §26]
Note
The L 2004, c 202, §26 amendment to subsection (c) is repealed on June 30, 2010. L 2006, c 94, §1.
L 2004, c 202, §82 provides:
"SECTION 82. Appeals pending in the supreme court as of the effective date of this Act [July 1, 2006] may be transferred to the intermediate appellate court or retained at the supreme court as the chief justice, in the chief justice's sole discretion, directs."
Rules of Court
Appeal to circuit court, see HRCP rule 72; appeals, see Hawaii Rules of Appellate Procedure.
Case Notes
Award of concession under §261-7(a)(2) is not within purview of subsection (c) and no appeal lies. 47 H. 495, 393 P.2d 87.
License refers to license for an airport pursuant to §261-16(b). It does not refer to a license conferring the privilege of supplying goods, services, etc., under §261-7(a)(2). 47 H. 495, 393 P.2d 87.