NOTICE OF APPEAL AND PETITION FOR JUDICIAL REVIEW (HRS § 91-14)

CAPTION

IN THE CIRCUIT COURT OF THE [FIRST/SECOND/THIRD/FIFTH] CIRCUIT
STATE OF HAWAII
[PETITIONER/LICENSEE], Petitioner,
v.
[AGENCY/BOARD NAME], Respondent.
Case No.: [___]

INTRODUCTION

• Petition for judicial review challenging Respondent's [Denial/Discipline/Suspension/Revocation] of [License Type] issued [DATE].

JURISDICTION, VENUE, AND TIMELINESS

• Jurisdiction under HRS § 91-14; venue proper in the [First/Second/Third/Fifth] Circuit.
• Petition timely under HRS § 91-14(b) (thirty days from service of final decision; check specific statute).
• Administrative remedies exhausted.

PARTIES

• Petitioner [Name], license number [___].
• Respondent [Agency/Board], state agency located in [County/City].

PROCEDURAL HISTORY

• Summary of accusation/notice, hearing date(s), hearings officer proposed decision, Board adoption/modification, and service of final decision on [DATE].

STANDARD AND GROUNDS (HRS § 91-14)

• The court may reverse or modify the agency's decision if it was:
• In violation of constitutional or statutory provisions;
• In excess of the statutory authority or jurisdiction of the agency;
• Made upon unlawful procedure;
• Affected by other error of law;
• Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
• Arbitrary, or capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
• [Tailor to record].

ALLEGATIONS (SUMMARY)

• [Facts showing evidentiary gaps, legal errors, bias, or procedural defects].

RELIEF REQUESTED

• Reverse or modify the Decision and [reinstate license/issue license/remand].
• Stay enforcement pending review (HRS § 91-14(c)).
• Costs and other relief as just.

RECORD AND PREPARATION

• Request preparation/certification of the administrative record per HRS § 91-14(e); Petitioner will arrange for record filing and pay costs as required.

VERIFICATION AND SIGNATURE

• Verification per Hawaii Rules of Civil Procedure; signature of Petitioner/counsel; proof of service on Respondent and Attorney General.

Hawaii-Specific Statutory References

• Hawaii Administrative Procedure Act: HRS § 91-1 et seq.
• Judicial review of contested cases: HRS § 91-14
• Filing deadline: HRS § 91-14(b) (thirty days)
• Stay pending review: HRS § 91-14(c)
• Scope of review: HRS § 91-14(g)
• Record on appeal: HRS § 91-14(e)

[// GUIDANCE: For Hawaii matters, confirm whether the appeal is to the circuit court under HRS § 91-14 and verify exhaustion of administrative remedies. Service on the Attorney General may be required.]