§386-88 Judicial review.

391 words·~2 min read·/hi/chapter-386/386-88

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§386-88 Judicial review. The decision or order of the appellate board shall be final and conclusive, except as provided in section 386-89, unless within thirty days after mailing of a certified copy of the decision or order, the director or any other party appeals to the intermediate appellate court, subject to chapter 602, by filing a written notice of appeal with the appellate board, or by electronically filing a notice of appeal in accordance with the Hawaii rules of appellate procedure.

A fee in the amount prescribed by section 607-5 for filing a notice of appeal from a circuit court shall be paid to the appellate board for filing the notice of appeal from the board, which together with the appellate court costs shall be deemed costs of the appellate court proceeding. The appeal shall be on the record, and the court shall review the appellate board's decision on matters of law only. No new evidence shall be introduced in the appellate court, except that if evidence is offered that is clearly newly discovered evidence and material to the just decision of the appeal, the court may admit the evidence. [L 1963, c 116, pt of §1; am L 1965, c 156, §1;

Supp, §97-97; HRS §386-88; am L 1969, c 244, §2e; am L 1974, c 145, §4; am L 1979, c 111, §19; am L 2004, c 202, §44; am L 2006, c 94, §1; am L 2010, c 109, §1; am L 2013, c 14, §2]

Cross References

Appeals, see chapter 91.

Rules of Court

Appeal, see Hawaii Rules of Appellate Procedure.

Case Notes

Constitutional. 24 H. 97 (1917).

Appeal is upon both law and facts and is trial of cause de novo. 24 H. 731 (1919); 40 H. 660 (1955).

This section and §386-73 supersede §91-14 and remove the circuit court from the appellate process with regard to proceedings brought under chapter 386. 53 H. 640, 500 P.2d 746 (1972).

Appeals to supreme court from appeals board are governed by Administrative Procedure Act which sets out the "clearly erroneous" standard of review. 57 H. 296, 555 P.2d 855 (1976).

Appeals are governed by chapter 91. 2 H. App. 219, 629 P.2d 125 (1981).

Cited: 56 H. 544, 545 P.2d 687 (1976); 56 H. 552, 545 P.2d 692 (1976).

Cited: 134 H. 99 (App.), 332 P.3d 701 (2014).