§88-82 Petition for contested case hearing regarding disability retirement or accidental death benefits; attorney's fees and costs.

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

(a)A member or applicant who is not satisfied with the preliminary decision of the board to grant or deny an application for disability retirement benefits or accidental death benefits based on the certifications and findings of the medical board may file a petition for contested case hearing with the board within sixty days after receiving written notification of the preliminary decision of the board.

(b)If the member or applicant is the prevailing party in the contested case, and disability retirement or accidental death benefits are awarded to the member or applicant by the board or court of the appropriate jurisdiction under section 88-75, 88-79, 88-85, 88-284, 88-285, 88-286(c), 88-334, 88-336, or 88-339, the member or applicant shall be paid reasonable attorney's fees together with any costs payable by the system. The attorney's fees and costs shall be subject to the approval of the board or approval by a court of appropriate jurisdiction after evidence has been provided by the member or applicant regarding the reasonableness of the claimed attorney's fees and costs. [L 1964, c 53, pt of §2; Supp, pt of §6-68.5; am L 1967, c 173, §1; pt of HRS §88-73; am L 1969, c 110, pt of §1; am L 1989, c 114, §1; am L 1998, c 151, §8; am L 2004, c 179, §11; am L 2009, c 121, §2]

Attorney General Opinions

Board of trustees, after hearing on appeal from medical board's decision, may overrule any decision or recommendation which the medical board is authorized to make. Att. Gen. Op. 81-8.

Case Notes

Appeal to trustees is a contested case within meaning of §91-1(5), and the administrative procedure act is applicable, including the due process provision of §91-9. 52 H. 212, 473 P.2d 866.

Mentioned: 74 H. 181, 840 P.2d 367.