Judicial Review of Administrative Agency Contested Cases

• Publication year: 2019

Judicial Review of Administrative Agency Contested Cases

Page 4

By Ed Kemper

Numerous state and county administrative agencies regulate businesses, individuals, and other entities. These agencies make decisions that may have an impact on the parties, and as a result, there is a right of appeal by a "person aggrieved." Haw. Rev. Stat. § 91-14 lays out the basic requirements of an appeal to the circuit court of an administrative decision. An "aggrieved person" includes the person or entity that was a party to the proceeding, and also an agency that was a party to a contested case proceeding before that agency or another agency. Id. at § 91-14(a).

To appeal to the circuit court or, if applicable, the environmental court, a notice must be filed within 30 days after a preliminary ruling or within 30 days after service of the certified copy of the final decision and order of the agency, except where a statute provides a direct appeal to the Hawaii appellate courts. Id. at § 91-14(b). In the case of an appeal to the Hawaii appellate courts, the same procedure is followed as if appealing from a district court or circuit court ruling. Id.

Generally, an appeal to the circuit court does not stay enforcement of the agency decision or confirmation of a fine. However, the reviewing court may order a stay if certain criteria are met. Id. at § 91-14(c). Within 20 days after the determination of the contents of the record on appeal, it must be transmitted to the court. Id. § 91-14(d). The record may be supplemented by filing an application With the court showing that the additional evidence is material, and there is good cause. Id. at § 91-14(e).

On an appeal, the circuit court conducts its review without a jury and will be confined to the record at hand. Id. at § 91-14(f). There are certain exceptions where there is a trial de novo provided for by law and also in cases alleging irregularities before the agency not shown in the record. In that case, testimony may be taken. Id. The court, upon request by a party, may receive written briefs and hear oral arguments in its discretion. Id.

The court is given wide discretion on the appeal. The court may affirm or remand with instructions for further proceedings, or reverse or modify the decision. Id. at § 91-14(g). In making its determination, the court may consider whether the decision or order below violated constitutional or statutory provisions or were affected by another error of law, was in excess of statutory...