ยง351-17 - Reconsideration by commission; judicial review.
ยง351-17ย Reconsideration by commission;judicial review.ย (a)ย In the absence of an appeal to the commission, thecommission, at any time, on its own motion, may reconsider the order ordecision and revoke, confirm, or vary the order or decision, based upon thefindings of the commission.ย Any applicant aggrieved by an order or decisionmay request reconsideration; provided that, to be considered, the request shallbe received by the commission within thirty days after mailing of a certifiedcopy of the order or decision to the applicant's last known address.
(b)ย Any person aggrieved by an order ordecision of the commission on the sole ground that the order or decision was inexcess of the commission's authority or jurisdiction, shall have a right of appealto the circuit court of the circuit in which the person resides; provided theappeal is filed within thirty days after mailing of an original or a certifiedcopy of the order or decision to the applicant's last known address.ย Except asotherwise provided in this section, orders and decisions of the commissionshall be conclusive and not subject to judicial review. [L 1967, c 226, pt ofยง1; HRS ยง351-17; am L 1972, c 61, ยง1b; am L 1979, c 111, ยง15; am L 1989,c 177, ยง7; am L 1992, c 260, ยง4; am L 1996, c 235, ยง3; am L 1998, c 240, ยง5]
Case Notes
ย Decision must comply with requirements of ยง91-12.ย 54 H. 294,506 P.2d 444.
ย Where action of commission involves construction of statute,a question of law is presented and appeal lies.ย 63 H. 254, 625 P.2d 372.