hapa rule (Hawaii) · Go Syfert
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hapa rule in Hawaii

8 Hawaii opinions name it 2 courts 1986–2016 0 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
Burk v. Sunngreen
haw · 1985 · cited in 2 Hawaii opinions naming this issue, 1986–2015
2 sentences

2015“Rules not promulgated in accordance with the HAPA rule-making requirements are invalid and unenforceable.” Id. (citing Burk v. Sunn, 68 Haw. 80, 83 , 705 P.2d 17, 20-21 (1985)).

2015“Rules not promulgated in accordance with the HAPA rule-making requirements are invalid and unenforceable.” Id. (citing Burk v. Sunn, 68 Haw. 80, 83 , 705 P.2d 17, 20-21 (1985)).

22
Korean Buddhist Dae Won Sa Temple v. Sullivangreen
haw · 1998 · cited in 2 Hawaii opinions naming this issue, 2004–2016
2 sentences

2004See also Korean Buddhist Dae Won Sa Temple of Hawai'i v. Sullivan, 87 Hawai'i 217, 241 , 953 P.2d 1315, 1339 (1998) (“In conducting [a] review [of alleged procedural errors], this court must often employ a type of harmless error analysis to violations of HAP A. Thus, if the [agency] Director’s consultation of evidence outside the record did not affect the [party’s] substantial rights, his decision must be affirmed despite the technical HAPA violation.”).

2004See also Korean Buddhist Dae Won Sa Temple of Hawai'i v. Sullivan, 87 Hawai'i 217, 241 , 953 P.2d 1315, 1339 (1998) (“In conducting [a] review [of alleged procedural errors], this court must often employ a type of harmless error analysis to violations of HAP A. Thus, if the [agency] Director’s consultation of evidence outside the record did not affect the [party’s] substantial rights, his decision must be affirmed despite the technical HAPA violation.”).

12
State v. Rowleygreen
haw · 1988 · cited in 1 Hawaii opinions naming this issue, 1998–1998
2 sentences

1998“The express legislative objective of the HAPA rule-making procedures is to provide for public participation in the rule-making process, by allowing any interested person to petition for a change in the rules as well as to participate in a public hearing.” State v. Rowley, 70 Haw. 135, 137-38 , 764 P.2d 1233, 1235 (1988) (citing Hse.

1998“The express legislative objective of the HAPA rule-making procedures is to provide for public participation in the rule-making process, by allowing any interested person to petition for a change in the rules as well as to participate in a public hearing.” State v. Rowley, 70 Haw. 135, 137-38 , 764 P.2d 1233, 1235 (1988) (citing Hse.

11
Bar Mk Ranches v. Yuettergreen
ca10 · 1993 · cited in 1 Hawaii opinions naming this issue, 1998–1998
1 sentence

1998Cf. Bar MK Ranches v. Yuetter, 994 F.2d 735, 740 (10th Cir.1993) (“Although allegations of a post 'hoc addition to the Administrative Record sufficiently alleges procedural error, an allegation of a post hoc addition does not in itself sufficiently allege prejudice.”).

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 (3)

CaseCitedYears
Rose v. Oba green
haw · 1986
2 sentences

2015“Rules not promulgated in accordance with the HAPA rule-making requirements are invalid and unenforceable.” Id. (citing Burk v. Sunn, 68 Haw. 80, 83 , 705 P.2d 17, 20-21 (1985)).

2015“Rules not promulgated in accordance with the HAPA rule-making requirements are invalid and unenforceable.” Id. (citing Burk v. Sunn, 68 Haw. 80, 83 , 705 P.2d 17, 20-21 (1985)).

12015–2015
Tax Appeal of Hawaii Prince Hotel Waikiki Corp. v. City & County of Honolulu green
haw · 1999
2 sentences

2014Third, citing to Hawai’i Prince Hotel v. City and County of Honolulu, 89 Hawai'i 381 , 974 P.2d 21 (1999), Pila'a 400 argues that a methodology to determine value is a “rule” within the meaning of HRS § 91-1(4) and requires HAPA rule-making procedures.

2014Third, citing to Hawai#i Prince Hotel v. City and County of Honolulu, 89 Hawai#i 381, 974 P.2d 21 (1999), Pila#a 400 argues that a methodology to determine value is a “rule” within the meaning of HRS § 91-1(4) and requires HAPA rule-making procedures.

12014–2014
Doe v. Chang green
haw · 1977
2 sentences

1992In Doe v. Chang, 58 Haw. 94 , 564 P.2d 1272 (1977), three welfare recipient plaintiffs sought injunctive relief from investigations and prosecutions of welfare fraud on the ground that the State welfare fraud procedures were invalid because the manual of instructions concerning welfare fraud investigations was not adopted in accordance with HAPA’s rule-making requirements.

1992In Doe v. Chang, 58 Haw. 94 , 564 P.2d 1272 (1977), three welfare recipient plaintiffs sought injunctive relief from investigations and prosecutions of welfare fraud on the ground that the State welfare fraud procedures were invalid because the manual of instructions concerning welfare fraud investigations was not adopted in accordance with HAPA’s rule-making requirements.

11992–1992

Statutes the citing opinions construe

HI § Haw. Rev. Stat. § 91-1 (6) HI § Haw. Rev. Stat. § 91-14 (4) HI § Haw. Rev. Stat. § 91-3 (4) HI § Haw. Rev. Stat. § 1-16 (3) HI § Haw. Rev. Stat. § 91-9 (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.

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