§271-33 Appeals. From the order made
on an application for reconsideration or rehearing by the public utilities
commission under this chapter, an appeal shall lie, subject to chapter 602, in
the manner and within the time provided for civil appeals from the circuit courts
and by the rules of court; provided that the order is final, or if preliminary,
is of the nature defined by section 91-14(a). The appeal, of itself, shall not
stay the operation of the order appealed from, but the court may stay the same
after a hearing upon a motion therefor and may impose such conditions as it may
deem proper as to giving a bond and keeping the necessary accounts or otherwise
to secure a restitution of the excess charges, if any, made during the pendency
of the appeal, in case the order appealed from is sustained, reversed, or
modified in whole or in part. [L 1961, c 121, pt of §2; Supp, §106C-31; HRS
§271-33; am L 1973, c 149, §2(d); am L 1979, c 111, §13; am L 2004, c 202, §32;
am L 2006, c 94, §1; am L 2010, c 109, §1]
Cross References
Appeals under administrative procedure act, see chapter 91.
Rules of Court
Appeals, see Hawaii Rules of Appellate Procedure.
Case Notes
Given that the "aggrieved party" provision of
§271-32(e) did not apply to the case, supreme court had jurisdiction to hear
competitor's appeal; competitor appealed from a final order of the public
utilities commission and from the commission's denial of competitor's motion
for reconsideration; thus, competitor satisfied the requirements of §271-32(e)
and this section. 104 H. 98, 85 P.3d 623 (2004).
Where appellant failed to file, and obtain an adjudication
of, a motion for reconsideration of appellant's citation, there was no
appealable order under §271-32(e) and this section; thus, appellant's failure
to file a motion for reconsideration precluded appeal to the intermediate court
of appeals. 113 H. 154 (App.), 149 P.3d 806 (2006).
Cited: 50 H. 172, 435 P.2d 21 (1967).
Referred to: 50 H. 22, 428 P.2d 411 (1967); 53 H. 14, 486
P.2d 413 (1971).
Notes of Decisions
In Re Robert's Tours & Transp., Inc., 85 P.3d 623 (Haw. 2004).
· cites it 26× “Within HRS Chapter 271, there are two relevant statutory provisions governing appeals: HRS § 271-32(e) (1993) 3 and HRS § 271-33 (1993). 4 HRS § 271-32 allows a party to file a motion for reconsideration of a PUC decision or order; subsection (e) allows a party to appeal a PUC…”
In Re Brandon, 149 P.3d 806 (Haw. App. 2006).
· cites it 17× “2005) and HRS § 271-33 (Supp.2005), we dismiss this appeal for lack of jurisdiction.”
In Re Gray Line Hawai'i, Ltd., 995 P.2d 776 (Haw. 2000).
· cites it 2× “1998), HRS § 271-32(e) (1993), HRS § 271-33 (1993), HRS § 271G-24 (1993).”
In Re W. Motor Tariff Bureau, Inc., 486 P.2d 413 (Haw. 1971).
· cites it 2× “1 HRS § 271-33 provides: “Appeals. From every order made on an application for reconsideration or rehearing by the public utilities commission under this chapter, an appeal shall lie to the supreme court in like manner as an appeal lies for an order or decision of a circuit…”
In re Aloha Island Enter. LLC (Haw. App. 2010).
· cites it 12× “As explained below, Appellant Aloha Island Enterprises did not perfect its right to appeal pursuant to Hawafi Revised Statutes (HRS) § 271-32 (2007) and HRS § 271-33 (2007). Administrative appeals commence in a circuit court f[e]xcept as otherwise provided[.”
Jack's Tours, Inc. v. Kilauea Military Camp, 145 P.3d 693 (Haw. 2006).
· cites it 2× “HRS § 271-33 (1993) provided in relevant part that, "[f]rom the order made on an application for reconsideration or rehearing by the [PUC] under this chapter, an appeal shall lie to the supreme court subject to chapter 602 in the manner and within the time provided by chapter…”
Boyd v. Hawai'i State Ethics Comm'n, 358 P.3d 709 (Haw. App. 2015).
· cites it 2× “Thus, Boyd’s argument that he did not know that, as a State employee, he was required to abide by the Code of Ethics is no defense to the Commission’s charges.”
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.