§383-41  Judicial review.  [L 2004, c202, §39 amendment repealed June 30, 2010.  L 2006, c 94, §1.]  Thedirector of labor and industrial relations or any party to the proceedingsbefore the referee may obtain judicial review of the decision of the referee inthe manner provided in chapter 91, by instituting proceedings in the circuitcourt of the circuit in which the claimant resides or in which the claimant waslast employed.  In any such court proceedings, every other party to theproceeding before the referee shall be made a party respondent.  The directorshall be deemed to be a party to any such proceeding.  The proceedings shall beheard in a summary manner and shall be given precedence over all other civilcases except proceedings arising under the workers' compensation law of theState.  Proceedings for review by the intermediate appellate court may be takenand had in the same manner as is provided for a review of a judgment of acircuit court.  No bond shall be required as a condition of initiating aproceeding for judicial review or initiating proceedings for review by theintermediate appellate court.  Upon the final termination of any judicialproceeding, the referee shall enter an order in accordance with the mandate ofthe 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 ofthe effective date of this Act [July 1, 2006] may be transferred to theintermediate appellate court or retained at the supreme court as the chiefjustice, 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 supremecourt, see Hawaii Rules of Appellate Procedure.

 

Case Notes

 

  Cited:  866 F. Supp. 459.