§383-41  Judicial review.  [L 2004, c
202, §39 amendment repealed June 30, 2010.  L 2006, c 94, §1.]  The
director of labor and industrial relations or any party to the proceedings
before the referee may obtain judicial review of the decision of the referee in
the manner provided in chapter 91, by instituting proceedings in the circuit
court of the circuit in which the claimant resides or in which the claimant was
last employed.  In any such court proceedings, every other party to the
proceeding before the referee shall be made a party respondent.  The director
shall be deemed to be a party to any such proceeding.  The proceedings shall be
heard in a summary manner and shall be given precedence over all other civil
cases except proceedings arising under the workers' compensation law of the
State.  Proceedings for review by the intermediate appellate court may be taken
and had in the same manner as is provided for a review of a judgment of a
circuit court.  No bond shall be required as a condition of initiating a
proceeding for judicial review or initiating proceedings for review by the
intermediate appellate court.  Upon the final termination of any judicial
proceeding, the referee shall enter an order in accordance with the mandate of
the court. [L 1939, c 219, §6(i); am L 1941, c 304, §1, pt of subs 18; RL 1945,
§4242; RL 1955, §93-40; am L 1965, c 96, §71; HRS §383-41; am L 1975, c 41, §1;
am L 2004, c 202, §39]



 



Note



 



  L 2004, c 202, §82 provides:



  "SECTION 82.  Appeals pending in the supreme court as of
the effective date of this Act [July 1, 2006] may be transferred to the
intermediate appellate court or retained at the supreme court as the chief
justice, in the chief justice's sole discretion, directs."



 



Cross References



 



  Judicial review, see §§91-14, 91-15.



 



Rules of Court



 



  Appeal to circuit court, see HRCP rule 72; appeal to supreme
court, see Hawaii Rules of Appellate Procedure.



 



Case Notes



 



  Cited:  866 F. Supp. 459.