Petition for Reconsideration (Administrative Agency)

PETITION FOR RECONSIDERATION

Before the [________________________________]

State of Hawaii

In the Matter of:

[________________________________],
Petitioner,

v.

[________________________________],
Respondent/Agency.

Docket/Case No.: [________________________________]
Agency File No.: [________________________________]

PETITION FOR RECONSIDERATION OF FINAL ORDER

Petitioner, [________________________________], by and through undersigned counsel [or pro se], respectfully petitions this Agency to reconsider its Final Order dated [__/__/____] pursuant to Hawaii Revised Statutes § 91-12 and the Agency's applicable rules of procedure.

I. PRELIMINARY STATEMENT

This Petition for Reconsideration is filed pursuant to the Hawaii Administrative Procedure Act (Hawaii Revised Statutes Chapter 91), specifically the agency's authority to reconsider its own decisions in contested case proceedings. Petitioner challenges the [________________________________] (the "Final Order") issued by the [________________________________] on [__/__/____], which [briefly describe adverse action: e.g., revoked Petitioner's license / denied Petitioner's permit application / upheld a penalty against Petitioner].

The Final Order is erroneous for the reasons set forth below. Petitioner respectfully requests that this Agency reconsider and vacate, modify, or remand the Final Order.

II. JURISDICTION AND STATUTORY AUTHORITY

A. Reconsideration Authority

The Agency has authority to reconsider its final orders pursuant to HRS § 91-12 and the Agency's own rules of practice and procedure. Under Hawaii's Administrative Procedure Act, an agency may reconsider any order made pursuant to a contested case proceeding and may modify or reverse the order.

B. Timeliness

☐ This Petition is timely. The Final Order was served on Petitioner on [__/__/____]. Under [cite applicable agency rule, e.g., HAR § ____] / [HRS § ____], a petition for reconsideration must be filed within [____] days of service of the final order. This Petition is filed on [__/__/____], which is within the applicable deadline.

Deadline Calculation:

• Date Final Order served: [__/__/____]
• Applicable deadline: [____] days from service
• Deadline for this Petition: [__/__/____]
• Date this Petition filed: [__/__/____]

C. Effect on Judicial Review Deadline

Under HRS § 91-14, a party to a contested case may obtain judicial review of the final decision of the agency in the circuit court. The filing of a timely motion or petition for reconsideration may toll the time for seeking judicial review. Petitioner preserves all rights to judicial review pending resolution of this Petition.

Note: HRS § 91-14(b) requires that a judicial review proceeding be commenced within thirty (30) days after service of the certified copy of the final decision or order. Consult with counsel regarding whether filing this petition tolls that judicial review deadline under the specific agency's rules.

III. IDENTIFICATION OF PARTIES

A. Petitioner

Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________]
Telephone: [____________________________]
Email: [________________________________]
License/Permit/Account No. (if applicable): [________________________________]
Represented by: [________________________________] (Counsel) / Pro Se ☐

B. Respondent / Agency

Agency Name: [________________________________]
Agency Address: [________________________________]
City, State, Zip: [________________________________]
Contact/Hearing Officer: [________________________________]

C. Other Parties of Record

Name: [________________________________]
Role in Proceeding: [________________________________]
Address: [________________________________]

IV. DESCRIPTION OF THE ORDER CHALLENGED

A. The Final Order

1. Title/Description of Order: [________________________________]
2. Date Issued: [__/__/____]
3. Date Served on Petitioner: [__/__/____]
4. Order Number/Reference: [________________________________]
5. Presiding Officer/Hearing Officer Who Issued Order: [________________________________]

B. Summary of the Final Order's Findings and Conclusions

The Final Order found/concluded: [________________________________]

The Final Order directed/imposed: [________________________________]

A copy of the Final Order is attached as Exhibit A.

V. PROCEDURAL HISTORY

1. On [__/__/____], [describe the initial agency action, application, or complaint that initiated the proceeding, e.g., "the Agency issued a Notice of Intent to Revoke Petitioner's [license type] License"].

2. On [__/__/____], Petitioner [describe Petitioner's response, e.g., "timely requested a contested case hearing"].

3. On [__/__/____], a contested case hearing was held before Hearing Officer [________________________________].

4. The following witnesses testified at the hearing:
   - [________________________________], called by [________________________________]
   - [________________________________], called by [________________________________]
   - [________________________________], called by [________________________________]

5. The following exhibits were admitted into evidence:
   - [________________________________]
   - [________________________________]

6. The hearing was closed on [__/__/____].

7. Proposed/Recommended Decision issued on [__/__/____] [if applicable].

8. Petitioner filed exceptions/objections to the proposed decision on [__/__/____] [if applicable].

9. The Final Order was issued on [__/__/____].

VI. GROUNDS FOR RECONSIDERATION

Petitioner respectfully asserts the following grounds for reconsideration. Check all that apply:

☐ Ground 1: Error of Law
The Final Order contains one or more errors of law that require correction.

☐ Ground 2: Findings of Fact Not Supported by Substantial Evidence
One or more material findings of fact in the Final Order are not supported by reliable, probative, and substantial evidence in the record, in violation of HRS § 91-14(g)(5).

☐ Ground 3: Newly Discovered Evidence
Evidence that was not reasonably available at the time of the hearing has been discovered that would materially affect the outcome.

☐ Ground 4: Agency Exceeded Its Statutory Authority
The Agency lacked statutory authority to issue the Final Order or the action taken exceeds the Agency's lawful jurisdiction.

☐ Ground 5: Arbitrary, Capricious, or Characterized by Abuse of Discretion
The Final Order is arbitrary, capricious, or otherwise characterized by an abuse of discretion, in violation of HRS § 91-14(g)(6).

☐ Ground 6: Constitutional Violation
The Final Order violates Petitioner's rights under the United States Constitution or the Hawaii State Constitution, including:
☐ Due process of law (U.S. Const. amend. XIV; Haw. Const. art. I, § 5)
☐ Equal protection
☐ Prohibition against unreasonable searches and seizures
☐ Other: [________________________________]

☐ Ground 7: Procedural Irregularity
A material procedural error occurred during the hearing that deprived Petitioner of a fair hearing.

☐ Ground 8: Other
[________________________________]

VII. STATEMENT OF FACTS

A. Background

[Provide a clear, concise narrative of the relevant facts. Include dates, names of key individuals, and the specific events or actions that led to the agency proceeding. Example:]

1. Petitioner [________________________________] is a [describe: individual/corporation/licensed professional] who [describe relevant background, e.g., has held License No. ____ issued by the Agency since __/__/____].

2. [Continue numbering factual allegations sequentially, e.g.:]
   On [__/__/____], [describe relevant event].

3. On [__/__/____], [describe next relevant event].

4. [Continue as needed.]

B. Facts Supporting Grounds for Reconsideration

[Provide specific factual support for each ground checked above:]

Regarding Ground [____]:

[________________________________]

Regarding Ground [____]:

[________________________________]

VIII. LEGAL ARGUMENT

A. Standard for Reconsideration

Under Hawaii's Administrative Procedure Act and the Agency's rules of procedure, the Agency has broad discretion to reconsider its final orders in contested cases. Reconsideration is appropriate where the Agency's order contains errors of law, where findings of fact lack substantial evidentiary support, where the Agency acted in excess of its authority, or where justice otherwise requires.

B. Argument in Support of Ground 1: [State Ground Title]

[Provide detailed legal argument. Cite relevant statutes, regulations, Hawaii administrative case law, and the record. For example:]

The Final Order erred as a matter of law in concluding that [________________________________]. HRS § [____] expressly provides that [________________________________]. The Agency's conclusion conflicts with this statutory provision because [________________________________].

In [case name], [________________________________] Haw. [____] ([year]), the Hawaii Supreme Court/Intermediate Court of Appeals held that [________________________________]. Under this controlling authority, the Agency's ruling cannot stand because [________________________________].

C. Argument in Support of Ground 2: [State Ground Title]

[Continue with each ground:]

The following findings of fact lack substantial evidentiary support in the record:

Finding No. [____]: The Agency found that [________________________________]. However, the record evidence demonstrates that [________________________________]. Specifically, [cite exhibit or transcript reference] establishes that [________________________________].

Finding No. [____]: The Agency found that [________________________________]. This finding is contradicted by [________________________________], which shows [________________________________].

D. [Additional Arguments as Applicable]

[Continue for each ground asserted.]

IX. RELIEF REQUESTED

Petitioner respectfully requests that the Agency:

☐ 1. Vacate the Final Order in its entirety.

☐ 2. Modify the Final Order as follows: [________________________________]

☐ 3. Remand the matter for further hearing or reconsideration of specific issues: [________________________________]

☐ 4. Stay enforcement of the Final Order pending resolution of this Petition and any subsequent judicial review.

☐ 5. Reinstate Petitioner's [license/permit/benefits/other: ________________________________].

☐ 6. Reduce the penalty/fine from $[____________] to $[____________] based on [________________________________].

☐ 7. Grant such other and further relief as the Agency deems just and proper.

X. LIST OF EXHIBITS

XI. COMMON HAWAII AGENCY TYPES — NOTES FOR USERS

This Petition template may be used in proceedings before various Hawaii state agencies, including but not limited to:

• Department of Commerce and Consumer Affairs (DCCA) — licensing boards (medical, legal, real estate, contractors, etc.)
• Department of Health (DOH) — environmental permits, health facility licenses
• Department of Labor and Industrial Relations (DLIR) — workers' compensation, unemployment insurance
• Department of Land and Natural Resources (DLNR) — land use, conservation, water rights
• Department of Taxation — tax assessments and penalties
• Public Utilities Commission — utility rate and service matters
• Department of Human Services (DHS) — benefit denials and overpayment claims
• Board of Education / Department of Education — special education, employment matters

Agency-Specific Rules: Always check the specific agency's administrative rules (Hawaii Administrative Rules, Title [____]) for any additional requirements, forms, or procedures applicable to reconsideration petitions before that agency.

XII. VERIFICATION

I, [________________________________], declare under penalty of law that I have read the foregoing Petition for Reconsideration, and the facts stated herein are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [________________________________], Hawaii.

[________________________________]
Signature

[________________________________]
Printed Name

[________________________________]
Title (if filing on behalf of entity)

XIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Petition for Reconsideration, together with all exhibits, upon the following parties by the method indicated:

Agency/Respondent:

Name: [________________________________]
Address: [________________________________]

Method of Service:
☐ Personal delivery
☐ First-class U.S. mail, postage prepaid
☐ Certified mail, return receipt requested
☐ Electronic mail (if permitted by agency rules): [________________________________]
☐ Electronic filing through agency portal

Counsel for [________________________________]:

Name: [________________________________]
Address: [________________________________]

Method of Service: [________________________________]

Other Parties:

Name: [________________________________]
Address: [________________________________]

Method of Service: [________________________________]

[________________________________]
Signature of Person Effecting Service

[________________________________]
Printed Name

Date: [__/__/____]

XIV. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[Attorney Name / Pro Se Petitioner]
[Law Firm Name, if applicable]
[________________________________]
[Address Line 1]
[________________________________]
[Address Line 2]
[________________________________]
[City, State, Zip]
Telephone: [____________________________]
Facsimile: [____________________________]
Email: [________________________________]
Hawaii Bar No.: [____________________] (if attorney)

Date: [__/__/____]

XV. NEXT STEPS IF RECONSIDERATION IS DENIED

If this Petition for Reconsideration is denied, Petitioner may have the following options:

1. Judicial Review (Circuit Court): Under HRS § 91-14, a party may seek judicial review of a final agency decision in the Circuit Court of the circuit in which the contested case was heard. The petition for judicial review must generally be filed within thirty (30) days after service of the final decision. A timely petition for reconsideration may toll this deadline — confirm with the specific agency's rules.

2. Intermediate Court of Appeals: Appeals from circuit court rulings on agency decisions proceed to the Intermediate Court of Appeals under HRAP Rule 4.

3. Hawaii Supreme Court: Further review may be sought by application for writ of certiorari to the Hawaii Supreme Court.

4. Stay Pending Appeal: Petitioner may seek a stay of the agency order pending judicial review under HRS § 91-14(c) and HRCP Rule 62.

Important: Deadlines for judicial review are strictly enforced. Consult with a Hawaii-licensed attorney promptly after receipt of an adverse ruling on reconsideration.

SOURCES AND REFERENCES

• Hawaii Revised Statutes Chapter 91 (Administrative Procedure Act): https://www.hawaii.edu/ohelo/statutes/HRS091/HRS091.html
• HRS § 91-14 (Judicial Review): https://law.justia.com/codes/hawaii/title-8/chapter-91/section-91-14/
• Hawaii Office of Administrative Hearings (DCCA/OAH): https://cca.hawaii.gov/oah/
• Hawaii Administrative Rules (HAR) by agency: https://ag.hawaii.gov/administrative-rules/