§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(c)  [2004 amendment repealed June 30,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repealed on June 30, 2010.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.