[§368-16]  Appeals; de novo review;procedure.  (a)  A complainant and a respondent shall have a right ofappeal from a final order of the commission, including cease and desist ordersand refusals to issue charges in the circuit court for the circuit in which thealleged violation occurred or where the person against whom the complaint isfiled, resides, or has the person's principal place of business.  An appealbefore the circuit court shall be reviewed de novo.  If an appeal is not takenwithin thirty days after the service of an appealable order of the commission,the commission may obtain an order for the enforcement of the order from thecircuit court that has jurisdiction of the appeal.

(b)  Where a respondent petitions for an appealto the circuit court, the commission shall be a party to any proceeding as theappellee.  The complainant shall have the right to intervene.

(c)  A proceeding for review or enforcement ofan appealable order is initiated by filing a petition in the circuit court. Copies of the petition shall be served upon the parties of record.  Withinthirty days after the service of the petition upon the commission or filing ofthe petition by the commission, or within further time as the court may allow,the commission shall transmit to the court the original or a certified copy ofthe entire record upon which the order is based, including a transcript of thetestimony, which need not be printed.  By stipulation of the parties to thereview proceeding, the record may be shortened.  The court may grant temporaryrelief as it considers just, or enter an order enforcing, modifying andenforcing as modified, or setting aside in whole or in part the order of thecommission, or may remand the case to the commission for further proceedings. The commission's copy of the testimony shall be available at reasonable timesto all parties for examination without cost.

(d)  The final judgment or decree of thecircuit court shall be subject to review by appeal in the same manner and formas other appeals from that court.

(e)  A proceeding under this section shall beinitiated not more than thirty days after a copy of the order of the commissionis received, unless the commission is the petitioner or the petition is filedunder subsection (d).  If a proceeding is not so initiated, the commission mayobtain a court order for enforcement of its order upon showing that a copy ofthe petition for enforcement was served on the respondent, that the respondentis subject to the jurisdiction of the court, that the order sought to beenforced is an order of the commission, regularly entered, and that thecommission has jurisdiction over the subject matter and the respondent. [L1989, c 386, pt of §1]

 

Case Notes

 

  A respondent who appeals a final order of the Hawaii civilrights commission, pursuant to this section, is entitled to a jury trial on anyclaims that form the basis for an award of common law damages by the Hawaiicivil rights commission.  101 H. 438, 71 P.3d 389.

  Pursuant to subsection (a), the circuit court's standard ofreview when reviewing a decision of the Hawaii civil rights commission is denovo; the supreme court's standard of review of an appeal from circuit courtregarding an appeal from the commission is a review of the circuit court's findingsof fact under a clearly erroneous standard, and its conclusions of law de novounder the right or wrong standard.  102 H. 307, 76 P.3d 550.