[§368-16]  Appeals; de novo review;
procedure.  (a)  A complainant and a respondent shall have a right of
appeal from a final order of the commission, including cease and desist orders
and refusals to issue charges in the circuit court for the circuit in which the
alleged violation occurred or where the person against whom the complaint is
filed, resides, or has the person's principal place of business.  An appeal
before the circuit court shall be reviewed de novo.  If an appeal is not taken
within 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 the
circuit court that has jurisdiction of the appeal.



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



(c)  A proceeding for review or enforcement of
an appealable order is initiated by filing a petition in the circuit court. 
Copies of the petition shall be served upon the parties of record.  Within
thirty days after the service of the petition upon the commission or filing of
the 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 of
the entire record upon which the order is based, including a transcript of the
testimony, which need not be printed.  By stipulation of the parties to the
review proceeding, the record may be shortened.  The court may grant temporary
relief as it considers just, or enter an order enforcing, modifying and
enforcing as modified, or setting aside in whole or in part the order of the
commission, or may remand the case to the commission for further proceedings. 
The commission's copy of the testimony shall be available at reasonable times
to all parties for examination without cost.



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



(e)  A proceeding under this section shall be
initiated not more than thirty days after a copy of the order of the commission
is received, unless the commission is the petitioner or the petition is filed
under subsection (d).  If a proceeding is not so initiated, the commission may
obtain a court order for enforcement of its order upon showing that a copy of
the petition for enforcement was served on the respondent, that the respondent
is subject to the jurisdiction of the court, that the order sought to be
enforced is an order of the commission, regularly entered, and that the
commission has jurisdiction over the subject matter and the respondent. [L
1989, c 386, pt of §1]



 



Case Notes



 



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



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