§271-32  Reconsideration and rehearings. (a)  After any order or decision has been made by the public utilitiescommission, any party to the proceeding may apply once for reconsideration or arehearing in respect to any matter determined in the proceeding and specifiedin the motion for reconsideration or rehearing.  The commission may grant themotion if in its judgment sufficient reason is made to appear.

(b)  The motion for reconsideration or arehearing shall be filed within ten days after the decision and order has beenserved and shall set forth specifically the ground or grounds on which theapplicant considers the decision or order to be unlawful.  No person shall inany court urge or rely on any ground not so set forth in the motion.  If a motionfor reconsideration or rehearing is filed from a final decision and order, thecommission's order shall be automatically stayed until the commission rendersits final determination on the motion; provided that:

(1)  No change in any rate, fare, or charge shall gointo effect while a motion for reconsideration or rehearing is pendingnotwithstanding section 271-20(e);

(2)  Any motion for reconsideration or rehearing shallbe determined and an order issued by the commission within forty-five days fromthe filing date of the motion for reconsideration or rehearing; and

(3)  The commission may set aside the automatic stayin its discretion.

(c)  A motion for reconsideration or rehearingshall not excuse any person from complying with and obeying any order or decision,or any requirement of any order or decision of the commission theretofore made,or operate in any manner to stay or postpone the enforcement thereof, except insuch cases and upon such terms as the commission by order directs.

(d)  If, after reconsideration or rehearing thecommission is of the opinion that the original order or decision, or any partthereof, is in any respect unjust or unwarranted, or should be changed, thecommission may abrogate, change, or modify it.  The order or decision abrogating,changing, or modifying the original order or decision shall have the same forceand effect as an original order or decision, but shall not affect any right orthe enforcement of any right arising from or by virtue of the original order ordecision unless so ordered by the commission.

(e)  [2004 amendment repealed June 30,2010.  L 2006, c 94, §1.]  An appeal shall lie, subject to chapter602, from every order made by the commission that is final, or if preliminary,is of the nature defined by section 91-14(a), in the manner provided for civilappeals from the circuit court; provided the order is made afterreconsideration or rehearing or is the subject of a motion for reconsiderationor rehearing, which the commission has denied.  An appeal shall lie, subject tochapter 602, in the manner provided for civil appeals from the circuit courts,only by a person aggrieved in the contested case hearing provided for in thissection. [L 1961, c 121, pt of §2; Supp, §106C-30; HRS §271-32; am L 1979, c127, §1; am L 1980, c 232, §8; am L 2000, c 167, §1; am L 2004, c 202, §31]

 

Note

 

  The L 2004, c 202, §31 amendment to subsection (e) 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.

 

Case Notes

 

  Appellate court may not consider any error not set forth inpetition for reconsideration.  55 H. 463, 522 P.2d 1272.

  Given that the "aggrieved party" provision ofsubsection (e) did not apply to the case, supreme court had jurisdiction tohear competitor's appeal; competitor appealed from a final order of the publicutilities commission and from the commission's denial of competitor's motionfor reconsideration; thus, competitor satisfied the requirements of subsection(e) and §271-33.  104 H. 98, 85 P.3d 623.

  The qualifying clause in subsection (e) neither limitsappeals to "contested" cases nor limits appeals to hearings heldpursuant to §271-31; subsection (e) is intended to apply only in the event thatthe public utilities commission conducts a contested case hearing, limitingstanding to the "aggrieved" party in that hearing.  104 H. 98, 85P.3d 623.

  Where appellant failed to file, and obtain an adjudicationof, a motion for reconsideration of appellant's citation, there was noappealable order under subsection (e) and §271-33; thus, appellant's failure tofile a motion for reconsideration precluded appeal to the intermediate court ofappeals.  113 H. 154 (App.), 149 P.3d 806.

  Cited:  9 H. App. 240, 833 P.2d 93.