Professional Licensing Appeal - Hawaii

PROFESSIONAL LICENSING APPEAL — HAWAII

Overview

This template provides forms and guidance for appealing professional licensing disciplinary actions in Hawaii. Professional and vocational licensing is administered by the Department of Commerce and Consumer Affairs (DCCA), Professional and Vocational Licensing Division (PVL), which oversees more than 45 licensing programs under HRS Chapter 436B (Professional and Vocational Licensing Act) and individual licensing chapters within HRS Title 25. Disciplinary hearings are conducted as contested cases under HRS Chapter 91 (Hawaii Administrative Procedure Act). Judicial review of final decisions is available in the Circuit Court under HRS § 91-14.

PART ONE: APPEAL COVER LETTER

[__/__/____]

[________________________________]
[________________________________]
[________________________________]
[Attorney Name / Petitioner Pro Se]

VIA HAND DELIVERY / CERTIFIED MAIL

Clerk of the Circuit Court
[First / Second / Third / Fifth] Circuit
[________________________________]
[________________________________], Hawaii [____]

Re: Petition for Judicial Review — [________________________________] v. [________________________________]
License Type: [________________________________]
License Number: [____]
Board/Agency Decision Date: [__/__/____]

Dear Clerk:

Enclosed for filing please find the following documents:

☐ Notice of Appeal and Petition for Judicial Review (Original and [____] copies)
☐ Filing fee
☐ Certificate of Service upon Respondent Agency/Board
☐ Certificate of Service upon the Hawaii Attorney General
☐ Motion for Stay of Agency Decision Pending Review (if applicable)
☐ Proposed Order on Stay (if applicable)
☐ Request for Preparation of Administrative Record

This Petition is filed pursuant to HRS § 91-14, seeking judicial review of the final decision and order of the [________________________________] dated [__/__/____].

Respectfully submitted,

_________________________________
[Attorney Name], Esq.
Hawaii Bar No. [____]
[________________________________]
[________________________________]
Phone: [________________________________]
Email: [________________________________]

PART TWO: NOTICE OF APPEAL AND PETITION FOR JUDICIAL REVIEW

IN THE CIRCUIT COURT OF THE [FIRST / SECOND / THIRD / FIFTH] CIRCUIT
STATE OF HAWAII

NOTICE OF APPEAL AND PETITION FOR JUDICIAL REVIEW

(HRS § 91-14)

Petitioner [________________________________] ("Petitioner"), by and through [his/her/their] undersigned attorney [or pro se], hereby appeals and petitions this Honorable Court for judicial review of the final decision and order of Respondent [________________________________] ("Board") entered on [__/__/____], and in support thereof states:

I. PARTIES

1. Petitioner [________________________________] is a [licensed/applicant for licensure as a] [________________________________] in the State of Hawaii, holding License No. [____], with a principal address at [________________________________].

2. Respondent [________________________________] is a licensing authority established under HRS Chapter [____], within the Department of Commerce and Consumer Affairs (DCCA), Professional and Vocational Licensing Division, with offices located at [________________________________], Honolulu, Hawaii.

II. JURISDICTION, VENUE, AND TIMELINESS

3. This Court has jurisdiction over this Petition pursuant to HRS § 91-14, which provides that any person aggrieved by a final decision and order in a contested case is entitled to judicial review thereof under Chapter 91.

4. Venue is proper in the Circuit Court of the [First / Second / Third / Fifth] Circuit, the circuit in which the agency that made the final decision has jurisdiction.

5. The Board served its final decision and order upon Petitioner on [__/__/____]. This Petition is timely filed within thirty (30) days of service of the final decision, as required by HRS § 91-14(b).

6. Petitioner has exhausted all available administrative remedies.

III. STATEMENT OF THE CASE

7. On or about [__/__/____], the Board [filed a Petition for Disciplinary Action / issued a Notice of Hearing] against Petitioner alleging [________________________________].

8. The matter was referred to the Office of Administrative Hearings (OAH) within DCCA for a contested case hearing under HRS Chapter 91.

9. A contested case hearing was conducted before Hearings Officer [________________________________] on [__/__/____] [through [__/__/____]].

10. On [__/__/____], the Hearings Officer issued [his/her] Recommended Decision recommending [________________________________].

11. On [__/__/____], the Board issued its Final Decision and Order [adopting / modifying / rejecting] the Hearings Officer's Recommended Decision and ordering [________________________________].

12. The Board's Final Decision and Order was served upon Petitioner on [__/__/____].

IV. ISSUES PRESENTED FOR REVIEW

13. Whether the Board's decision is supported by reliable, probative, and substantial evidence on the whole record.

14. [________________________________]

15. [________________________________]

16. [________________________________]

V. STANDARD OF REVIEW (HRS § 91-14(g))

17. Pursuant to HRS § 91-14(g), the Court may affirm the decision of the agency or remand the case with instructions for further proceedings; or it may reverse or modify the decision and order if the substantial rights of the petitioners may have been prejudiced because the administrative findings, conclusions, decisions, or orders are:

☐ 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
☐ Arbitrary, or capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion

VI. GROUNDS FOR APPEAL

Ground 1: [________________________________]

18. [________________________________]

19. [________________________________]

Ground 2: [________________________________]

20. [________________________________]

21. [________________________________]

Ground 3: [________________________________]

22. [________________________________]

23. [________________________________]

VII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Honorable Court:

a. Reverse or modify the Board's Final Decision and Order dated [__/__/____];

b. [Reinstate Petitioner's license / Direct the Board to issue Petitioner's license / Remand the matter to the Board for further proceedings consistent with the Court's decision];

c. Stay enforcement of the Board's order pending the outcome of this appeal, pursuant to HRS § 91-14(c);

d. Award Petitioner costs as permitted by law; and

e. Grant such other and further relief as this Court deems just and equitable.

Respectfully submitted,

_________________________________
[Attorney Name], Esq.
Hawaii Bar No. [____]
[________________________________]
[________________________________]
Phone: [________________________________]
Email: [________________________________]

Dated: [__/__/____]

VERIFICATION

I, [________________________________], declare under penalty of law that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

_________________________________
[Petitioner Name]

Dated: [__/__/____]

PART THREE: MOTION FOR STAY OF AGENCY DECISION PENDING REVIEW

IN THE CIRCUIT COURT OF THE [FIRST / SECOND / THIRD / FIFTH] CIRCUIT
STATE OF HAWAII

MOTION FOR STAY OF ENFORCEMENT PENDING JUDICIAL REVIEW

(HRS § 91-14(c))

Petitioner [________________________________], by and through undersigned counsel, respectfully moves this Court for a stay of the decision and order of Respondent [________________________________] pending judicial review, pursuant to HRS § 91-14(c), and states:

1. On [__/__/____], Respondent entered a final decision and order [revoking / suspending / imposing conditions upon] Petitioner's [________________________________] license.

2. Petitioner timely filed a Notice of Appeal and Petition for Judicial Review on [__/__/____].

3. Pursuant to HRS § 91-14(c), upon such terms as the court deems proper, the court may stay enforcement of the agency's decision pending judicial review.

4. Likelihood of Success on the Merits. Petitioner is likely to succeed on the merits because [________________________________].

5. Irreparable Harm. Without a stay, Petitioner will suffer irreparable harm in that [________________________________].

6. Balance of Harms. The balance of harms favors a stay because [________________________________].

7. Public Interest. A stay will not harm the public interest because [________________________________].

WHEREFORE, Petitioner respectfully requests that this Court enter an Order staying enforcement of the Board's decision and order pending the resolution of this judicial review.

Respectfully submitted,

_________________________________
[Attorney Name], Esq.

Dated: [__/__/____]

PART FOUR: STATEMENT OF ISSUES ON APPEAL

ISSUES FOR JUDICIAL REVIEW

Issue 1: [________________________________]

☐ Violation of constitutional or statutory provisions
☐ Excess of statutory authority or jurisdiction
☐ Unlawful procedure
☐ Error of law
☐ Clearly erroneous in view of reliable, probative, and substantial evidence
☐ Arbitrary, capricious, or abuse of discretion

Supporting facts: [________________________________]

Issue 2: [________________________________]

☐ Violation of constitutional or statutory provisions
☐ Excess of statutory authority or jurisdiction
☐ Unlawful procedure
☐ Error of law
☐ Clearly erroneous
☐ Arbitrary, capricious, or abuse of discretion

Supporting facts: [________________________________]

Issue 3: [________________________________]

☐ Violation of constitutional or statutory provisions
☐ Excess of statutory authority or jurisdiction
☐ Unlawful procedure
☐ Error of law
☐ Clearly erroneous
☐ Arbitrary, capricious, or abuse of discretion

Supporting facts: [________________________________]

PART FIVE: GROUNDS FOR APPEAL — DETAILED ANALYSIS

A. Evidentiary Insufficiency

The Board's findings are clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record because:

☐ The evidence was insufficient to establish the charged violations by a preponderance
☐ The Board credited unreliable testimony over contradictory documentary evidence
☐ The Board ignored exculpatory or mitigating evidence
☐ The expert testimony was insufficient or methodologically flawed
☐ The Board's factual findings are internally inconsistent
☐ The Board rejected the Hearings Officer's credibility findings without adequate justification
☐ Other: [________________________________]

B. Legal Error

The Board committed errors of law in that:

☐ The Board misinterpreted HRS § 436B-19 or the applicable licensing chapter
☐ The Board applied an incorrect standard of proof
☐ The Board failed to apply required elements of the charged violation
☐ The Board improperly shifted the burden of proof
☐ The Board relied upon unpromulgated rules or internal policies
☐ The Board misapplied the sanction guidelines
☐ Other: [________________________________]

C. Procedural Defects

The proceedings were affected by unlawful procedure in that:

☐ Petitioner did not receive adequate notice of the charges
☐ Petitioner was denied the right to present evidence or cross-examine witnesses
☐ The contested case hearing was not conducted in accordance with HRS Chapter 91
☐ The Board failed to follow its own administrative rules
☐ The Board considered ex parte communications
☐ A Board member with a conflict of interest participated in the decision
☐ The Board failed to issue written findings of fact and conclusions of law as required by HRS § 91-12
☐ The Hearings Officer's Recommended Decision was not properly served on Petitioner
☐ Other: [________________________________]

D. Constitutional Violations

☐ Due process — inadequate notice or opportunity to be heard (Hawaii Const. Art. I, § 5)
☐ Due process — biased or prejudged tribunal
☐ Equal protection — disparate treatment (Hawaii Const. Art. I, § 5)
☐ Vagueness — the regulation or standard applied is unconstitutionally vague
☐ Other: [________________________________]

E. Disproportionate Sanction

☐ The Board failed to consider mitigating factors
☐ The sanction is harsher than warranted by precedent or guidelines
☐ The Board failed to consider alternatives to [revocation / suspension]
☐ The Board failed to consider rehabilitation or remedial measures
☐ The fine imposed exceeds the statutory minimum without adequate justification
☐ Other: [________________________________]

PART SIX: HEARING PROCEDURES — HAWAII CONTESTED CASE PROCESS

A. Disciplinary Authority Under HRS Chapter 436B

Under HRS § 436B-19, the licensing authority may take disciplinary action against a licensee, including:

• Revocation of license
• Suspension of license
• Imposition of conditions or limitations on practice
• Imposition of fines (not less than $100 per violation under HRS § 436B-19.5)
• Issuance of a reprimand
• Denial of license application or renewal
• Requiring completion of additional education, training, or treatment

B. Contested Case Hearing Procedures (HRS Chapter 91)

1. Notice of Hearing. The licensing authority must provide the licensee with written notice of the charges and an opportunity for hearing in accordance with HRS § 91-9.

2. Right to Counsel. The licensee has the right to be represented by counsel at the hearing.

3. Hearings Officer. A hearings officer within DCCA's Office of Administrative Hearings (OAH) typically conducts the contested case hearing.

4. Discovery. Limited discovery is available under HRS § 91-9 and applicable administrative rules, including subpoenas for witnesses and documents.

5. Hearing. The hearing is conducted in accordance with HRS §§ 91-9 through 91-13. Witnesses are sworn and subject to cross-examination. The rules of evidence as applied in civil cases apply, but may be relaxed to admit evidence of the type commonly relied upon by reasonably prudent persons.

6. Recommended Decision. The Hearings Officer issues a Recommended Decision containing findings of fact, conclusions of law, and a recommended disposition.

7. Exceptions. Either party may file exceptions to the Hearings Officer's Recommended Decision.

8. Final Decision. The Board reviews the Hearings Officer's Recommended Decision and exceptions, and issues the Final Decision and Order. The Board may adopt, modify, or reject the Hearings Officer's recommendations.

C. Rules of Evidence

☐ Rules of evidence as applied in civil cases generally apply (HRS § 91-10)
☐ Evidence is admitted or excluded at the discretion of the presiding officer
☐ Hearsay may be admitted but cannot be the sole basis for a finding unless it would be admissible over objection in civil actions
☐ Documentary evidence may be received in copies or excerpts
☐ Official notice may be taken of judicially cognizable facts and technical or scientific matters within the agency's specialized knowledge

D. Administrative Record (HRS § 91-14(e))

The record on appeal includes:

☐ The petition for disciplinary action and all pleadings
☐ Evidence received or considered by the agency
☐ Written offers of proof and rulings thereon
☐ Proposed findings and exceptions
☐ The decision, findings of fact, and conclusions of law
☐ Any transcript of proceedings
☐ All staff memoranda or data submitted to the hearing officer or agency members

PART SEVEN: STANDARD OF REVIEW — DETAILED GUIDANCE

HRS § 91-14(g) — Scope of Review

The Circuit Court reviews the agency's decision under the following standards:

Clearly Erroneous Standard for Factual Findings. An agency's findings of fact are reviewed under the "clearly erroneous" standard. A finding is clearly erroneous when, despite evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been made.

De Novo Review for Legal Questions. The Board's conclusions of law are reviewed de novo. The Court freely reviews the agency's interpretation of applicable statutes.

Mixed Questions of Law and Fact. Mixed questions receive an intermediate standard where the Court reviews the facts under the clearly erroneous standard and the legal conclusions de novo.

Arbitrary and Capricious Standard. A decision is arbitrary and capricious if it was made without consideration of relevant facts and circumstances. This is the most deferential standard.

Deference to Agency Expertise. Hawaii courts give deference to agency expertise in evaluating technical matters within the agency's specialized knowledge, but this deference is not unlimited and does not extend to questions of law.

PART EIGHT: REINSTATEMENT / RESTORATION PETITION

PETITION FOR REINSTATEMENT OF PROFESSIONAL LICENSE

To: [________________________________] Board
c/o DCCA, Professional and Vocational Licensing Division
335 Merchant Street, Room 301
Honolulu, Hawaii 96813

Petitioner [________________________________] hereby petitions the [________________________________] Board for reinstatement of [his/her/their] [________________________________] license, License No. [____], and states:

1. Prior Disciplinary Action. On [__/__/____], the Board entered an order [revoking / suspending] Petitioner's license based upon findings of [________________________________].

2. Period of Discipline. Petitioner's license has been [revoked / suspended] since [__/__/____], a period of [____] [months/years].

3. Compliance with Conditions. Petitioner has fully complied with all conditions imposed by the Board, including:
   ☐ Completion of required continuing education: [________________________________]
   ☐ Completion of remedial coursework or training: [________________________________]
   ☐ Payment of all fines and costs: $[____]
   ☐ Completion of counseling, treatment, or rehabilitation program: [________________________________]
   ☐ Community service or volunteer work: [________________________________]
   ☐ Other: [________________________________]

4. Rehabilitation and Fitness. Petitioner is rehabilitated and fit to return to practice because [________________________________].

5. Character References. Attached are [____] character reference letters from [________________________________].

6. Current Good Standing.
   ☐ No criminal convictions since the disciplinary order
   ☐ No pending criminal charges
   ☐ No disciplinary actions in other jurisdictions
   ☐ No substance abuse issues (or successful completion of treatment)
   ☐ Maintained current professional knowledge

WHEREFORE, Petitioner respectfully requests that the Board reinstate [his/her/their] license [with conditions / without conditions].

_________________________________
Petitioner / Attorney for Petitioner
Dated: [__/__/____]

PART NINE: COMMON HAWAII LICENSING BOARDS DIRECTORY

DCCA Professional and Vocational Licensing Division General Contact:

• Address: 335 Merchant Street, Room 301, Honolulu, HI 96813
• Phone: (808) 586-3000
• Website: https://cca.hawaii.gov/pvl/

Office of Administrative Hearings:

• Address: 335 Merchant Street, Room 302, Honolulu, HI 96813
• Phone: (808) 586-2790

PART TEN: DOCUMENT CHECKLIST

Before Filing Notice of Appeal / Petition for Judicial Review

☐ Confirmed final decision and order has been received and date of service noted
☐ Calculated 30-day filing deadline under HRS § 91-14(b): Deadline is [__/__/____]
☐ Verified exhaustion of all administrative remedies
☐ Identified proper circuit court (circuit in which the agency has jurisdiction)
☐ Obtained complete copy of Board's Final Decision and Order
☐ Obtained copy of Hearings Officer's Recommended Decision
☐ Prepared Notice of Appeal and Petition for Judicial Review
☐ Prepared verification per Hawaii Rules of Civil Procedure
☐ Prepared Certificates of Service
☐ Calculated filing fee and prepared payment

Filing and Service

☐ Filed Notice of Appeal / Petition with the Clerk of Circuit Court
☐ Served copy on Respondent Board/Agency
☐ Served copy on the Hawaii Attorney General
☐ Filed proof of service with the Court
☐ Requested preparation and certification of administrative record (HRS § 91-14(e))
☐ Arranged for payment of record preparation costs
☐ Received file-stamped copy of Petition

Stay Proceedings (if applicable)

☐ Prepared Motion for Stay under HRS § 91-14(c)
☐ Prepared supporting declaration or affidavit
☐ Prepared proposed order
☐ Filed Motion for Stay with the Court
☐ Served Motion on Respondent and Attorney General
☐ Attended hearing on stay motion (if required)

Post-Filing

☐ Confirmed filing of certified administrative record
☐ Reviewed record for completeness
☐ Filed any objections or supplemental record requests
☐ Prepared opening brief per Court scheduling order
☐ Filed opening brief
☐ Received and reviewed Respondent's answering brief
☐ Filed reply brief (if permitted)
☐ Attended oral argument (if scheduled)

PART ELEVEN: PRACTICE TIPS FOR HAWAII LICENSING APPEALS

Timing and Deadlines

1. 30-Day Filing Deadline. The petition must be filed within 30 days after service of the certified copy of the final decision and order. HRS § 91-14(b). This deadline is jurisdictional.

2. Circuit Court Selection. Appeals are filed in the circuit court of the circuit in which the Board has jurisdiction. Because most boards are located in Honolulu, appeals are typically filed in the First Circuit Court. However, check whether the specific licensing statute provides for filing in the circuit where the licensee resides.

3. Service on Attorney General. Service on the Hawaii Attorney General is required. The AG represents most licensing boards on judicial review.

Hawaii-Specific Considerations

4. Hawaii Constitution. Hawaii's Constitution (Art. I, § 5) provides due process protections that may be more protective than the federal Constitution. Consider raising state constitutional claims in addition to federal constitutional claims.

5. HRS Chapter 436B. The Professional and Vocational Licensing Act (HRS Chapter 436B) provides a uniform framework for licensing procedures across most professions. However, individual licensing chapters may contain additional or different procedures.

6. Fines. Under HRS § 436B-19.5, fines imposed after a hearing must be no less than $100 per violation, and each day's violation may be deemed a separate violation. Challenge excessive fines as disproportionate.

7. Hearings Officer's Recommendations. The Board may adopt, modify, or reject the Hearings Officer's Recommended Decision. When the Board rejects credibility determinations made by the Hearings Officer who observed the witnesses, this can be a strong ground for appeal.

Strategic Considerations

8. Record Preservation. Ensure all objections and offers of proof are made on the record during the contested case hearing. Issues not raised below are generally waived.

9. Stay Pending Appeal. Under HRS § 91-14(c), the court may stay enforcement of the agency decision "upon such terms as the court deems proper." Be prepared to address the traditional stay factors and to propose appropriate conditions (e.g., supervision, practice limitations).

10. Intermediate Court of Appeals. From the Circuit Court, appeal lies to the Intermediate Court of Appeals (ICA) and then to the Hawaii Supreme Court.

11. Neighbor Island Considerations. If the licensee practices on a neighbor island, consider whether the hearing location and the circuit for judicial review create practical hardship, and whether accommodation is required.

PART TWELVE: SOURCES AND REFERENCES

Statutes

• Hawaii Administrative Procedure Act: HRS Chapter 91
• Judicial Review of Contested Cases: HRS § 91-14
• Stay Pending Review: HRS § 91-14(c)
• Scope of Review: HRS § 91-14(g)
• Record on Appeal: HRS § 91-14(e)
• Professional and Vocational Licensing Act: HRS Chapter 436B
• Disciplinary Action: HRS § 436B-19
• Fines: HRS § 436B-19.5

Court and Agency Resources

• DCCA Professional and Vocational Licensing Division: https://cca.hawaii.gov/pvl/
• DCCA Office of Administrative Hearings: https://cca.hawaii.gov/oah/
• Hawaii State Judiciary: https://www.courts.state.hi.us
• Hawaii Attorney General: https://ag.hawaii.gov

Rules

• Hawaii Rules of Civil Procedure
• Hawaii Administrative Rules, Title 16 (DCCA)

This template is provided for informational purposes only and does not constitute legal advice. Professional licensing disciplinary proceedings can have serious consequences for your livelihood and career. You should consult with a qualified Hawaii attorney experienced in administrative law and professional licensing defense before using this template. Laws and procedures may change; verify all citations and requirements before filing.