[§485A-609]  Appeals to court, first
circuit; time; bonds; costs; decree; further appeal.  (a)  An appeal may be
taken by any aggrieved person from any final order of the commissioner to the
circuit court of the first circuit in the manner provided in chapter 91.  The
appellant shall execute a bond in the penal sum of $1,000 to the State, with
sufficient surety, to be approved by the commissioner or the court, conditioned
upon the faithful prosecution of the appeal to final judgment, and the payment
of all such costs as shall be adjudged against the appellant.



(b)  The appeal shall be conducted without a
jury and confined to the record, and it may be given precedence by the court
over other matters pending in the court.



(c)  If the order of the commissioner is
reversed the court shall by its mandate specifically direct the commissioner as
to the commissioner's further action in the matter, including the making and
entering of any order or orders in connection therewith, and the conditions,
limitations, or restrictions to be therein contained; provided that the
commissioner shall not thereby be barred from thereafter revoking or altering
the order for any proper cause which may thereafter accrue or be discovered.



(d)  If the order is affirmed, the appellant
shall not be barred after thirty days from filing a new application; provided
the application is not otherwise barred or limited.



(e)  The appeal shall not in any way suspend
the operation of the order appealed from during the pendency of the appeal unless
upon proper order of the commissioner or the court.



(f)  An appeal may be taken from the decree of
the circuit court to the supreme court. [L 2006, c 229, pt of §1]



 



Rules of Court



 



  Appeal to circuit court, see HRCP rule 72; appeals, see
Hawaii Rules of Appellate Procedure.