§261-13  Orders, notice, and opportunity forhearings, judicial review.  (a)  Every order of the director oftransportation requiring performance of or desistance from certain acts orcompliance with certain requirements and any denial or revocation of anapproval, certificate, or license or refusal of a renewal thereof, (1) shall bein such form as required by section 91-12, (2) shall be made only afterreasonable notice and an opportunity to be heard in conformity with chapter 91,and (3) shall be served upon the persons affected either by registered orcertified mail with return receipt requested or in person.

(b)  In every case where reasonable notice andopportunity for hearing are required under this section, the director shall, onnot less than five days' notice personally served, or seven days' notice byregistered or certified mail (to be computed from the date of mailing of thenotice), specify the matters prescribed in section 91-9; provided that in casesof emergency where the public interest so requires the amount of notice may beshortened, or a temporary order may be issued pending the holding of thehearing.  To the extent practicable, hearings on these matters shall be held inthe 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(c)  [2004 amendment repealed June 30,2010.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 thedirector or by the grant, denial, or revocation of any approval, license, orcertificate, or refusal of a renewal thereof, may obtain a review thereof bythe circuit court of the circuit in which that person resides or does businessin 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 hearingat the earliest possible date.

Appeals may be taken and had in the mannerprovided for a review of a civil judgment of a circuit court.

Upon the final termination of any judicialreview, the director shall enter an order or take other action in accordancewith the mandate of the court. [L 1947, c 32, pt of §1; RL 1955, §15-19; am L1965, c 96, §12; HRS §261-13; am L 2004, c 202, §26]

 

Note

 

  The L 2004, c 202, §26 amendment to subsection (c) isrepealed on June 30, 2010.  L 2006, c 94, §1.

  L 2004, c 202, §82 provides:

  "SECTION 82.  Appeals pending in the supreme court as ofthe effective date of this Act [July 1, 2006] may be transferred to theintermediate appellate court or retained at the supreme court as the chiefjustice, in the chief justice's sole discretion, directs."

 

Rules of Court

 

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

 

Case Notes

 

  Award of concession under §261-7(a)(2) is not within purviewof 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 ofsupplying goods, services, etc., under §261-7(a)(2).  47 H. 495, 393 P.2d 87.