§269-15.5  Appeals.  [2004 amendment
repealed June 30, 2010.  L 2006, c 94, §1.]  An appeal from an order
of the public utilities commission under this chapter shall lie, subject to
chapter 602, in the manner provided for civil appeals from the circuit courts. 
Only a person aggrieved in a contested case proceeding provided for in this
chapter may appeal from the order, if the order is final, or if preliminary, is
of the nature defined by section 91-14(a).  The commission may elect to be a
party to all matters from which an order of the commission is appealed, and the
commission may file appropriate responsive briefs or pleadings in the appeal;
provided that where there was no adverse party in the case below, or in cases
where there is no adverse party to the appeal, the commission shall be a party
to all matters in which an order of the commission is appealed and shall file
the appropriate responsive briefs or pleadings in defending all such orders. 
The appearance of the commission as a party in appellate proceedings in no way
limits the participation of persons otherwise qualified to be parties on
appeal.  The appeal shall not of itself stay the operation of the order
appealed from, but the appellate court may stay the order after a hearing upon
a motion therefor and may impose conditions it deems proper, including but not
limited to requiring a bond, requiring that accounts be kept, or requiring that
other 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 from
is sustained, reversed, or modified in whole or in part. [L 1998, c 195, §1; am
L 2004, c 202, §28]



 



Note



 



The L 2004, c 202, §28 amendment to this section 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repealed on June 30, 2010.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



 



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