§271-33  Appeals.  [2004 amendmentrepealed June 30, 2010.  L 2006, c 94, §1.]  From the order made onan application for reconsideration or rehearing by the public utilitiescommission under this chapter, an appeal shall lie, subject to chapter 602, inthe manner and within the time provided for civil appeals from the circuitcourts and by the rules of court; provided that the order is final, or ifpreliminary, is of the nature defined by section 91-14(a).  The appeal, ofitself, shall not stay the operation of the order appealed from, but the courtmay stay the same after a hearing upon a motion therefor and may impose suchconditions as it may deem proper as to giving a bond and keeping the necessaryaccounts 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 issustained, 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; amL 2004, c 202, §32]

 

Note

 

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

 

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 hearcompetitor'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 §271-32(e)and this section.  104 H. 98, 85 P.3d 623.

  Where appellant failed to file, and obtain an adjudicationof, a motion for reconsideration of appellant's citation, there was noappealable order under §271-32(e) and this section; thus, appellant's failureto file a motion for reconsideration precluded appeal to the intermediate courtof 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.