§271-33  Appeals.  [2004 amendment
repealed June 30, 2010.  L 2006, c 94, §1.]  From the order made on
an application for reconsideration or rehearing by the public utilities
commission under this chapter, an appeal shall lie, subject to chapter 602, in
the manner and within the time provided for civil appeals from the circuit
courts and by the rules of court; provided that the order is final, or if
preliminary, is of the nature defined by section 91-14(a).  The appeal, of
itself, shall not stay the operation of the order appealed from, but the court
may stay the same after a hearing upon a motion therefor and may impose such
conditions as it may deem proper as to giving a bond and keeping the necessary
accounts or otherwise to secure a 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 1961, c 121, pt of §2;
Supp, §106C-31; HRS §271-33; am L 1973, c 149, §2(d); am L 1979, c 111, §13; am
L 2004, c 202, §32]



 



Note



 



  The L 2004, c 202, §32 amendment to this section is repealed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."



 



Cross References



 



  Appeals under administrative procedure act, see chapter 91.



 



Rules of Court



 



  Appeals, see Hawaii Rules of Appellate Procedure.



 



Case Notes



 



  Given that the "aggrieved party" provision of
§271-32(e) did not apply to the case, supreme court had jurisdiction to hear
competitor's appeal; competitor appealed from a final order of the public
utilities commission and from the commission's denial of competitor's motion
for reconsideration; thus, competitor satisfied the requirements of §271-32(e)
and this section.  104 H. 98, 85 P.3d 623.



  Where appellant failed to file, and obtain an adjudication
of, a motion for reconsideration of appellant's citation, there was no
appealable order under §271-32(e) and this section; thus, appellant's failure
to file a motion for reconsideration precluded appeal to the intermediate court
of appeals.  113 H. 154 (App.), 149 P.3d 806.



  Cited:  50 H. 172, 435 P.2d 21.



  Referred to:  50 H. 22, 428 P.2d 411; 53 H. 14, 486 P.2d 413.