§88-82  Petition for contested case
hearing regarding disability retirement or accidental death benefits;
attorney's fees and costs.  (a)  A member or applicant who is not satisfied
with the preliminary decision of the board to grant or deny an application for
disability retirement benefits or accidental death benefits based on the
certifications and findings of the medical board may file a petition for
contested case hearing with the board within sixty days after receiving written
notification of the preliminary decision of the board.



(b)  If the member or applicant is the
prevailing party in the contested case, and disability retirement or accidental
death benefits are awarded to the member or applicant by the board or court of
the appropriate jurisdiction under section 88-75, 88-79, 88-85, 88-284, 88-285,
88-286(c), 88-334, 88-336, or 88-339, the member or applicant shall be paid
reasonable attorney's fees together with any costs payable by the system.  The
attorney's fees and costs shall be subject to the approval of the board or
approval by a court of appropriate jurisdiction after evidence has been
provided by the member or applicant regarding the reasonableness of the claimed
attorney's fees and costs. [L 1964, c 53, pt of §2; Supp, pt of §6-68.5; am L
1967, c 173, §1; pt of HRS §88-73; am L 1969, c 110, pt of §1; am L 1989, c
114, §1; am L 1998, c 151, §8; am L 2004, c 179, §11; am L 2009, c 121, §2]



 



Attorney General Opinions



 



  Board of trustees, after hearing on appeal from medical
board's decision, may overrule any decision or recommendation which the medical
board is authorized to make.  Att. Gen. Op. 81-8.



 



Case Notes



 



  Appeal to trustees is a contested case within meaning of
§91-1(5), and the administrative procedure act is applicable, including the due
process provision of §91-9.  52 H. 212, 473 P.2d 866.



  Mentioned:  74 H. 181, 840 P.2d 367.