§269-15.5  Appeals.  [2004 amendmentrepealed June 30, 2010.  L 2006, c 94, §1.]  An appeal from an orderof the public utilities commission under this chapter shall lie, subject tochapter 602, in the manner provided for civil appeals from the circuit courts. Only a person aggrieved in a contested case proceeding provided for in thischapter may appeal from the order, if the order is final, or if preliminary, isof the nature defined by section 91-14(a).  The commission may elect to be aparty to all matters from which an order of the commission is appealed, and thecommission may file appropriate responsive briefs or pleadings in the appeal;provided that where there was no adverse party in the case below, or in caseswhere there is no adverse party to the appeal, the commission shall be a partyto all matters in which an order of the commission is appealed and shall filethe appropriate responsive briefs or pleadings in defending all such orders. The appearance of the commission as a party in appellate proceedings in no waylimits the participation of persons otherwise qualified to be parties onappeal.  The appeal shall not of itself stay the operation of the orderappealed from, but the appellate court may stay the order after a hearing upona motion therefor and may impose conditions it deems proper, including but notlimited to requiring a bond, requiring that accounts be kept, or requiring thatother measures be taken as ordered to secure restitution of the excess charges,if any, made during the pendency of the appeal, in case the order appealed fromis sustained, reversed, or modified in whole or in part. [L 1998, c 195, §1; amL 2004, c 202, §28]

 

Note

 

The L 2004, c 202, §28 amendment to this section 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

 

  Appeals, see Hawaii Rules of Appellate Procedure; staypending appeal, see HRAP rule 8.