§351-17 - Reconsideration by commission; judicial review. - Hawaii Statutes

     §351-17  Reconsideration by commission; judicial review.  (a)  In the absence of an appeal to the commission, the commission, at any time, on its own motion, may reconsider the order or decision and revoke, confirm, or vary the order or decision, based upon the findings of the commission.  Any applicant aggrieved by an order or decision may request reconsideration; provided that, to be considered, the request shall be received by the commission within thirty days after mailing of a certified copy of the order or decision to the applicant's last known address.

     (b)  Any person aggrieved by an order or decision of the commission on the sole ground that the order or decision was in excess of the commission's authority or jurisdiction, shall have a right of appeal to the circuit court of the circuit in which the person resides; provided the appeal is filed within thirty days after mailing of an original or a certified copy of the order or decision to the applicant's last known address.  Except as otherwise provided in this section, orders and decisions of the commission shall be conclusive and not subject to judicial review. [L 1967, c 226, pt of §1; HRS §351-17; am L 1972, c 61, §1b; am L 1979, c 111, §15; am L 1989, c 177, §7; am L 1992, c 260, §4; am L 1996, c 235, §3; am L 1998, c 240, §5]

 

Case Notes

 

  Decision must comply with requirements of §91-12.  54 H. 294, 506 P.2d 444.

  Where action of commission involves construction of statute, a question of law is presented and appeal lies.  63 H. 254, 625 P.2d 372.