§26-34 Selection and terms of members of
boards and commissions. (a) The members of each board and commission
established by law shall be nominated and, by and with the advice and consent
of the senate, appointed by the governor. Unless otherwise provided by this
chapter or by law hereafter enacted, the terms of the members shall be for four
years; provided that the governor may reduce the terms of those initially
appointed so as to provide, as nearly as can be, for the expiration of an equal
number of terms at intervals of one year for each board and commission. Unless
otherwise provided by law, each term shall commence on July 1 and expire on
June 30, except that the terms of the chairpersons of the board of agriculture
and biosecurity, the board of land and natural resources, and the Hawaiian
homes commission shall commence on January 1 and expire on December 31. No
person shall be appointed consecutively to more than two terms as a member of
the same board or commission; provided that membership on any board or
commission shall not exceed eight consecutive years.
(b) Any member of a board or commission whose
term has expired and who is not disqualified for membership under subsection
(a) may continue in office as a holdover member until a successor is nominated
and appointed; provided that a holdover member shall not hold office beyond the
end of the second regular legislative session following the expiration of the
member's term of office.
(c) A vacancy occurring in the membership of
any board or commission during a term shall be filled for the unexpired term
thereof, subject to Article V, section 6 of the Constitution of the State.
(d) The governor may remove or suspend for
cause any member of any board or commission after due notice and public
hearing.
(e) Except as otherwise provided by this
chapter, this section shall apply to every board and commission established by
part I, or existing or established after November 25, 1959. All new
appointments to any board or commission shall thereafter be made in accordance
with this section.
(f) This section shall not apply to ex officio
members of boards and commissions or to the board of trustees of the employees
retirement system. [L Sp 1959 2d, c 1, §5; Supp, §14A-3; HRS §26-34; am L 1971,
c 143, §3; am L 1984, c 54, §1 and c 72, §1; am L 1985, c 153, §1; am L 2025, c
236, §18]
Attorney General Opinions
The board of election inspectors are within the purview of
this section and any vacancy occurring must be filled as prescribed by the state
constitution. Att. Gen. Op. 67-16.
Members whose terms are subject to this section hold over
upon expiration of their terms of office as de facto officers; but members
authorized to hold over until successors are appointed and qualified, as in
§304-3, hold over as de jure officers. Att. Gen. Op. 73-7.
While the title or status of de facto officers may not be
collaterally attacked, the de facto status is no defense in a quo warranto
proceeding. Att. Gen. Op. 73-7.
A board member who has served a partial term followed by a
complete term may continue to serve until he has served eight consecutive
years. Att. Gen. Op. 74-4.
There is no statutory provision which sets forth the length
of time the governor has to make a nomination. Att. Gen. Op. 80-4.
In the absence of other statutory wording to the contrary,
the holdover provision from subsection (b) would apply to board and commission
statutes that refer to this section; the provision is constitutional. Att.
Gen. Op. 16-3.
The word "appointed" in subsection (b) does not
purport to prevent the governor from exercising the governor's authority to
make interim appointments; there is no conflict between subsection (b) and
article V, §6 of the state constitution. Therefore, subsection (b) is
constitutional. Att. Gen. Op. 16-3.
Case Notes
Issue of legality of board members holding office after
expiration of eight years held moot and was not decided. 59 H. 244, 580 P.2d
405.
A member of the land use commission did not qualify as a de
facto officer, where, among other things, the senate rejected the member's
nomination for a second term, which effectively served as public notice that
the member was ineligible to serve as a holdover member. 132 H. 184, 320 P.3d
849 (2013).
The intermediate court of appeals erred in determining that a
member of the land use commission continued to serve as a valid holdover after
the senate's rejection of the member's nomination for a second term; the
member's actions with respect to a petition to reclassify land were invalid.
132 H. 184, 320 P.3d 849 (2013).
Cited: 125 F. Supp. 3d 1051 (2015).
Notes of Decisions
Sierra Club v. Castle & Cooke Homes Hawai'i, Inc., 320 P.3d 849 (Haw. 2013).
· cites it 163× “5 The Sierra Club argued that Kanuha’s capacity to be a holdover member under HRS § 26-34 was terminated on April 26, when the Senate declined to confirm his nomination for re-appointment.”
Awakuni v. Awana, 165 P.3d 1027 (Haw. 2007).
· cites it 16× “XVI, § 4 [9] ); (2) they do not sit ex officio by virtue of their position with any state agency; (3) they are not elected (citing HRS § 87A-5); (4) their appointment is not subject to the advice and consent of the Senate (citing HRS § 87A-5, which exempts Trustees from…”
Life of the Land v. Burns, 580 P.2d 405 (Haw. 1978).
· cites it 20× “2 That order and judgment further declared that any member of any state board or commission which is subject to HRS § 26-34 is prohibited from serving on such board or commission in his official capacity beyond eight consecutive years.”
Morita v. Gorak., 453 P.3d 205 (Haw. 2019).
· cites it 43× “16 ***FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER*** then turn to the language, structure, and legislative history of HRS §§ 26-34 and 269-2 to determine whether the holdover provisions were in fact intended to prevent a vacancy from arising.”
Hanabusa v. Lingle, 198 P.3d 604 (Haw. 2008).
· cites it 6× “According to HRS § 26-34, it is necessary for the governor to submit the name of the person nominated to the senate for confirmation.”
Sierra Club v. Castle & Cooke Homes Hawai'i, Inc., 289 P.3d 1011 (Haw. App. 2012).
· cites it 17× “Sierra Club appealed the Order to the circuit court on the grounds that Kanuha was disqualified from serving on LUC as a holdover member under HRS § 26-34 (2009 Repl.). In its “Order Summarily Denying Appellees Supplemental Memorandum Re: Jurisdiction for Quo Warranto filed…”
Keep the North Shore Country v. Bd. of Land & Nat. Resources., 506 P.3d 150 (Haw. 2022).
· cites it 2× “Under HRS § 171-4(a), The board of land and natural resources shall be composed of seven members, one from each land district and three at large, to be nominated and, by and with the advice and consent of the senate, appointed by the governor as provided in section 26-34. The…”
Bradford v. State of Hawaii, 846 F. Supp. 1411 (D. Haw. 1994).
“§§ 26-34, 436B-5. 10 . See, e.g., Complaint at ¶¶ 22, 25 ("fluency in the Hawaiian language”); Plaintiffs Opposition to Summary Judgment Memo at 2 ("proficiency in the Hawaiian language”); Plaintiff's Cross-Motion for Summary Judgment at 8 ("fluent in Hawaiian”).”
Mink v. Pua, 711 P.2d 723 (Haw. 1985).
· cites it 2× “Thus, for example, we have a constitutional provision which limits the number of consecutive terms a governor may serve. Article V, section 1, Constitution of the State of Hawaii.”
— Haw. Rev. Stat. § 26-34(a) — 6 cases
Sierra Club v. Castle & Cooke Homes Hawai'i, Inc., 320 P.3d 849 (Haw. 2013).
“5 The Sierra Club argued that Kanuha’s capacity to be a holdover member under HRS § 26-34 was terminated on April 26, when the Senate declined to confirm his nomination for re-appointment.”
Awakuni v. Awana, 165 P.3d 1027 (Haw. 2007).
“XVI, § 4 [9] ); (2) they do not sit ex officio by virtue of their position with any state agency; (3) they are not elected (citing HRS § 87A-5); (4) their appointment is not subject to the advice and consent of the Senate (citing HRS § 87A-5, which exempts Trustees from…”
Sierra Club v. Castle & Cooke Homes Hawai'i, Inc., 289 P.3d 1011 (Haw. App. 2012).
“Sierra Club appealed the Order to the circuit court on the grounds that Kanuha was disqualified from serving on LUC as a holdover member under HRS § 26-34 (2009 Repl.). In its “Order Summarily Denying Appellees Supplemental Memorandum Re: Jurisdiction for Quo Warranto filed…”
Hanabusa v. Lingle, 198 P.3d 604 (Haw. 2008).
“According to HRS § 26-34, it is necessary for the governor to submit the name of the person nominated to the senate for confirmation.”
— Haw. Rev. Stat. § 26-34(b) — 2 cases
Sierra Club v. Castle & Cooke Homes Hawai'i, Inc., 320 P.3d 849 (Haw. 2013).
“5 The Sierra Club argued that Kanuha’s capacity to be a holdover member under HRS § 26-34 was terminated on April 26, when the Senate declined to confirm his nomination for re-appointment.”
Morita v. Gorak., 453 P.3d 205 (Haw. 2019).
“16 ***FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER*** then turn to the language, structure, and legislative history of HRS §§ 26-34 and 269-2 to determine whether the holdover provisions were in fact intended to prevent a vacancy from arising.”
— Haw. Rev. Stat. § 26-34(c) — 2 cases
Sierra Club v. Castle & Cooke Homes Hawai'i, Inc., 320 P.3d 849 (Haw. 2013).
“5 The Sierra Club argued that Kanuha’s capacity to be a holdover member under HRS § 26-34 was terminated on April 26, when the Senate declined to confirm his nomination for re-appointment.”
Morita v. Gorak., 453 P.3d 205 (Haw. 2019).
“16 ***FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER*** then turn to the language, structure, and legislative history of HRS §§ 26-34 and 269-2 to determine whether the holdover provisions were in fact intended to prevent a vacancy from arising.”
— Haw. Rev. Stat. § 26-34(d) — 2 cases
Awakuni v. Awana, 165 P.3d 1027 (Haw. 2007).
“XVI, § 4 [9] ); (2) they do not sit ex officio by virtue of their position with any state agency; (3) they are not elected (citing HRS § 87A-5); (4) their appointment is not subject to the advice and consent of the Senate (citing HRS § 87A-5, which exempts Trustees from…”
Morita v. Gorak., 453 P.3d 205 (Haw. 2019).
“16 ***FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER*** then turn to the language, structure, and legislative history of HRS §§ 26-34 and 269-2 to determine whether the holdover provisions were in fact intended to prevent a vacancy from arising.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.