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, the
commission, at any time, on its own motion, may reconsider the order or
decision and revoke, confirm, or vary the order or decision, based upon the
findings of the commission.ย Any applicant aggrieved by an order or decision
may request reconsideration; provided that, to be considered, the request shall
be received by the commission within thirty days after mailing of a certified
copy of the order or decision to the applicant's last known address.
(b)ย Any person aggrieved by an order or
decision of the commission on the sole ground that the order or decision was in
excess of the commission's authority or jurisdiction, shall have a right of appeal
to the circuit court of the circuit in which the person resides; provided the
appeal is filed within thirty days after mailing of an original or a certified
copy of the order or decision to the applicant's last known address.ย Except as
otherwise provided in this section, orders and decisions of the commission
shall be conclusive and not subject to judicial review. [L 1967, c 226, pt of
ยง1; 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.