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

(b)  If the member or applicant is theprevailing party in the contested case, and disability retirement or accidentaldeath benefits are awarded to the member or applicant by the board or court ofthe 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 paidreasonable attorney's fees together with any costs payable by the system.  Theattorney's fees and costs shall be subject to the approval of the board orapproval by a court of appropriate jurisdiction after evidence has beenprovided by the member or applicant regarding the reasonableness of the claimedattorney's fees and costs. [L 1964, c 53, pt of §2; Supp, pt of §6-68.5; am L1967, c 173, §1; pt of HRS §88-73; am L 1969, c 110, pt of §1; am L 1989, c114, §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 medicalboard's decision, may overrule any decision or recommendation which the medicalboard 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 dueprocess provision of §91-9.  52 H. 212, 473 P.2d 866.

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