§368-16 - Appeals; de novo review; procedure. - Hawaii Statutes

     [§368-16]  Appeals; de novo review; procedure.  (a)  A complainant and a respondent shall have a right of appeal from a final order of the commission, including cease and desist orders and refusals to issue charges in the circuit court for the circuit in which the alleged violation occurred or where the person against whom the complaint is filed, resides, or has the person's principal place of business.  An appeal before the circuit court shall be reviewed de novo.  If an appeal is not taken within thirty days after the service of an appealable order of the commission, the commission may obtain an order for the enforcement of the order from the circuit court that has jurisdiction of the appeal.

     (b)  Where a respondent petitions for an appeal to the circuit court, the commission shall be a party to any proceeding as the appellee.  The complainant shall have the right to intervene.

     (c)  A proceeding for review or enforcement of an appealable order is initiated by filing a petition in the circuit court.  Copies of the petition shall be served upon the parties of record.  Within thirty days after the service of the petition upon the commission or filing of the petition by the commission, or within further time as the court may allow, the commission shall transmit to the court the original or a certified copy of the entire record upon which the order is based, including a transcript of the testimony, which need not be printed.  By stipulation of the parties to the review proceeding, the record may be shortened.  The court may grant temporary relief as it considers just, or enter an order enforcing, modifying and enforcing as modified, or setting aside in whole or in part the order of the commission, or may remand the case to the commission for further proceedings.  The commission's copy of the testimony shall be available at reasonable times to all parties for examination without cost.

     (d)  The final judgment or decree of the circuit court shall be subject to review by appeal in the same manner and form as other appeals from that court.

     (e)  A proceeding under this section shall be initiated not more than thirty days after a copy of the order of the commission is received, unless the commission is the petitioner or the petition is filed under subsection (d).  If a proceeding is not so initiated, the commission may obtain a court order for enforcement of its order upon showing that a copy of the petition for enforcement was served on the respondent, that the respondent is subject to the jurisdiction of the court, that the order sought to be enforced is an order of the commission, regularly entered, and that the commission has jurisdiction over the subject matter and the respondent. [L 1989, c 386, pt of §1]

 

Case Notes

 

  A respondent who appeals a final order of the Hawaii civil rights commission, pursuant to this section, is entitled to a jury trial on any claims that form the basis for an award of common law damages by the Hawaii civil rights commission.  101 H. 438, 71 P.3d 389.

  Pursuant to subsection (a), the circuit court's standard of review when reviewing a decision of the Hawaii civil rights commission is de novo; the supreme court's standard of review of an appeal from circuit court regarding an appeal from the commission is a review of the circuit court's findings of fact under a clearly erroneous standard, and its conclusions of law de novo under the right or wrong standard.  102 H. 307, 76 P.3d 550.