[§485A-609] Appeals to court, first circuit; time; bonds; costs; decree; further appeal.

307 words·~1 min read·/hi/485a-609

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)An appeal may be taken by any aggrieved person from any final order of the commissioner to the circuit court of the first circuit in the manner provided in chapter 91. The appellant shall execute a bond in the penal sum of $1,000 to the State, with sufficient surety, to be approved by the commissioner or the court, conditioned upon the faithful prosecution of the appeal to final judgment, and the payment of all such costs as shall be adjudged against the appellant.

(b)The appeal shall be conducted without a jury and confined to the record, and it may be given precedence by the court over other matters pending in the court.

(c)If the order of the commissioner is reversed the court shall by its mandate specifically direct the commissioner as to the commissioner's further action in the matter, including the making and entering of any order or orders in connection therewith, and the conditions, limitations, or restrictions to be therein contained; provided that the commissioner shall not thereby be barred from thereafter revoking or altering the order for any proper cause which may thereafter accrue or be discovered.

(d)If the order is affirmed, the appellant shall not be barred after thirty days from filing a new application; provided the application is not otherwise barred or limited.

(e)The appeal shall not in any way suspend the operation of the order appealed from during the pendency of the appeal unless upon proper order of the commissioner or the court.

(f)An appeal may be taken from the decree of the circuit court to the supreme court. [L 2006, c 229, pt of §1]

Rules of Court

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