hearing requirement (Hawaii) · Go Syfert
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hearing requirement in Hawaii

9 Hawaii opinions name it 2 courts 1995–2025 1 in the last five years

The cases below were cited by Hawaii courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Chang v. PLANNING COM'N OF COUNTY OF MAUIgreen
haw · 1982 · cited in 2 Hawaii opinions naming this issue, 1995–1995
2 sentences

1995In fact, the respective county planning commissions for all the neighbor islands are authorized under the Coastal Zone Management Act (CZMA), HRS chapter 205A, and in accordance with the Hawaii Administrative Procedures Act (HAPA), HRS chapter 91, to establish rules governing the grant or denial of a SMA permit. 9 See, e.g., Chang v. Planning Comm’n, 64 Haw. 431, 436 , 643 P.2d 55, 60 (1982).

1995In fact, the respective county planning commissions for all the neighbor islands are authorized under the Coastal Zone Management Act (CZMA), HRS chapter 205A, and in accordance with the Hawaii Administrative Procedures Act (HAPA), HRS chapter 91, to establish rules governing the grant or denial of a SMA permit. 9 See, e.g., Chang v. Planning Comm’n, 64 Haw. 431, 436 , 643 P.2d 55, 60 (1982).

22
Dan v. Stategreen
haw · 1994 · cited in 1 Hawaii opinions naming this issue, 2025–2025
2 sentences

2025HRPP Rule 40(f); see Dan, 76 Hawai‘i at 427, 879 P.2d at 532.

2025HRPP Rule 40(f); see Dan, 76 Hawai‘i at 427, 879 P.2d at 532 .

11
Kauai Springs, Inc. v. Planning Commission of the County of Kauai.green
haw · 2014 · cited in 1 Hawaii opinions naming this issue, 2020–2020
1 sentence

2020The commission shall give precedence to a hearing on such challenge over all other pending matters. 23 ***FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER*** the water is of a quality that the county water agency would, at that time, deem suitable for domestic use, the provision fulfills the LUC’s public trust duty to ensure that the public’s use of the limited natural resource is always prioritized over the irrigation of a private commercial golf course, regardless of whether Lānaʻi’s water supply is actively threatened.11 See Kauai Springs, Inc., 133 Hawai‘i at 174, 324 P.3d at

11
Edward N. Phillips v. Alvis Vandygriffgreen
ca5 · 1983 · cited in 1 Hawaii opinions naming this issue, 2013–2013
1 sentence

2013Greene was decided on statutory grounds, it is clear from the Court’s opinion that its decision to read a hearing requirement into the relevant statutes resulted from the 'serious constitutional problems' which arose from the agency’s failure to provide for the due-process rights of those affected.’’); Phillips v. Vandygriff, 711 F.2d 1217, 1223 (5th Cir.1983) (citing Greene for proposition that denying a person collateral credentials or privileges necessary for pursuing an occupation is actionable under due process). 14 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Hamish Scott MacKay Apellant v. Eugene D. McAlexander Acting District Director, District 31, Immigration and Naturalization Service green
ca9 · 1959
2 sentences

2015UHH next refers to MacKay v. McAlexander, 268 F.2d 35 (9th Cir.1959), and Pangburn v. Civil Aeronautics Bd., 311 F.2d 349 (1st Cir.1962), for the propositions that an agency administrator who presides over a proceeding similar to and related to a prior proceeding, or who has had contact in a prior hearing with facts at issue in the hearing at bar, or who has taken a public position on facts, does not inherently violate due process under the United States Constitution.

2015UHH next refers to MacKay v. McAlexander, 268 F.2d 35 (9th Cir. 1959), and Pangburn v. Civil Aeronautics Bd., 311 F.2d 349 (1st Cir. 1962), for the propositions that an agency administrator who presides over a proceeding similar to and related to a prior proceeding, or who has had contact in a prior hearing with facts at issue in the hearing at bar, or who has taken a public position on facts, does not inherently violate due process under the United States Constitution.

22015–2015
Sheldon E. Pangburn v. Civil Aeronautics Board green
ca1 · 1962
2 sentences

2015UHH next refers to MacKay v. McAlexander, 268 F.2d 35 (9th Cir.1959), and Pangburn v. Civil Aeronautics Bd., 311 F.2d 349 (1st Cir.1962), for the propositions that an agency administrator who presides over a proceeding similar to and related to a prior proceeding, or who has had contact in a prior hearing with facts at issue in the hearing at bar, or who has taken a public position on facts, does not inherently violate due process under the United States Constitution.

2015UHH next refers to MacKay v. McAlexander, 268 F.2d 35 (9th Cir. 1959), and Pangburn v. Civil Aeronautics Bd., 311 F.2d 349 (1st Cir. 1962), for the propositions that an agency administrator who presides over a proceeding similar to and related to a prior proceeding, or who has had contact in a prior hearing with facts at issue in the hearing at bar, or who has taken a public position on facts, does not inherently violate due process under the United States Constitution.

22015–2015
Padilla v. Kentucky green
scotus · 2010
2 sentences

2018As explained below, especially in light of the reasoning of the United State Supreme Court in Padilla v. Kentucky , 559 U.S. 356 , 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010), we conclude that Najera stated a colorable claim of ineffective assistance of trial counsel and was entitled to a hearing on that claim.

2018As explained below, especially in light of the reasoning of the United State Supreme Court in Padilla v. Kentucky , 559 U.S. 356 , 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010), we conclude that Najera stated a colorable claim of ineffective assistance of trial counsel and was entitled to a hearing on that claim.

12018–2018
State v. Senteno green
haw · 1987
2 sentences

2018Here, just as in Senteno and Samonte, without continuing the hearing for a waiver or demand of jury trial, Choy Foo would have been without counsel at a "critical stage" of the proceedings. 11 As this court has previously held that defendants are entitled to counsel at these proceedings, see Pitts , 131 Hawai'i at 541, 319 P.3d at 460, the hearing for a waiver or demand of jury trial "could not proceed in the absence of trial counsel or a waiver of the right to counsel." Cf. Senteno , 69 Haw. at 368 , 742 P.2d at 373 .

2018Here, just as in Senteno and Samonte, without continuing the hearing for a waiver or demand of jury trial, Choy Foo would have been without counsel at a "critical stage" of the proceedings. 11 As this court has previously held that defendants are entitled to counsel at these proceedings, see Pitts , 131 Hawai'i at 541, 319 P.3d at 460, the hearing for a waiver or demand of jury trial "could not proceed in the absence of trial counsel or a waiver of the right to counsel." Cf. Senteno , 69 Haw. at 368 , 742 P.2d at 373 .

12018–2018
Edward N. Phillips v. Alvis Vandygriff green
ca5 · 1984
1 sentence

2013The Fifth Circuit granted rehearing in part in Phillips , clarifying the scope of its original holding "that, at a minimum, due process guarantees to an applicant facing a licensing process notice and an opportunity to be heard.” 724 F.2d at 492-93 .

12013–2013

Statutes the citing opinions construe

HI § Haw. Rev. Stat. § 91-14 (5) HI § Haw. Rev. Stat. § 91-1 (4) HI § Haw. Rev. Stat. § 1-1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

LA 310 (1918–2025) NY 254 (1890–2026) OH 130 (1960–2026) TX 129 (1932–2026) PA 125 (1870–2026) CA 101 (1954–2026) IL 89 (1942–2026) FL 79 (1955–2025) GA 42 (1910–2024) MI 40 (1929–2025) MO 39 (1927–2025) IN 38 (1965–2025) AL 33 (1912–2018) WI 33 (1890–2025) CO 31 (1891–2026) MA 26 (1984–2026) MD 24 (1951–2024) CT 24 (1977–2025) NJ 23 (1958–2024) AZ 22 (1973–2025) WA 20 (1981–2025) OR 20 (1977–2026) DC 18 (1970–2023) NC 17 (1966–2023) MS 17 (1990–2021) NM 17 (1967–2022) IA 16 (1931–2023) MN 14 (1986–2024) KS 14 (1940–2024) MT 13 (1977–2026) UT 13 (1924–2026) TN 12 (1943–2026) OK 11 (1928–2016) RI 11 (1972–2025) AR 11 (1956–2021) WV 10 (1895–2026) NV 9 (1999–2020) ND 9 (1952–2025) VA 9 (1980–2025) KY 9 (1933–2020) ID 9 (1973–2022) HI 9 (1995–2025) DE 8 (1954–2025) SC 7 (1931–2026) AK 6 (1984–2020) NE 6 (1906–2021) WY 5 (1955–2007) NH 4 (1974–1989) ME 4 (2007–2012) VT 4 (1979–2014) VI 3 (2012–2016) SD 2 (1990–1990)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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