NOTICE OF APPEAL AND PETITION FOR JUDICIAL REVIEW
(HRS § 91-14)
IN THE CIRCUIT COURT OF THE [FIRST/SECOND/THIRD/FIFTH] CIRCUIT
STATE OF HAWAII
Case No.: _________________
Filed: ____________________
Judge: ____________________
[PETITIONER],
Petitioner,
v.
[RESPONDENT STATE AGENCY],
Respondent.
TABLE OF CONTENTS
- Document Header
- Definitions
- Jurisdiction, Venue & Governing Law
- Parties
- Exhaustion of Administrative Remedies
- Statement of Facts
- Claims for Relief
7.1 First Cause of Action – Appeal Under HRS § 91-14
7.2 Second Cause of Action – Declaratory Relief
7.3 Third Cause of Action – Injunctive Relief - Prayer for Relief
- Verification
- Signature Block
[// GUIDANCE: Remove or update automatic page numbering once final formatting is applied in word-processing software.]
1. DOCUMENT HEADER
1.1 Effective Date. This Notice of Appeal and Petition for Judicial Review (the "Petition") is deemed filed on the date reflected by the Clerk's endorsement.
1.2 Recitals.
(a) Respondent [STATE AGENCY] ("Agency") issued a final decision dated [DATE OF DECISION] (the "Decision") imposing [DESCRIBE PENALTY/ORDER] against Petitioner.
(b) Petitioner timely seeks judicial review pursuant to Hawaii Revised Statutes section 91-14.
(c) Petitioner additionally seeks declaratory and injunctive relief to prevent enforcement of the Decision pending final determination of this proceeding.
2. DEFINITIONS
For ease of reference, the following capitalized terms have the meanings set forth below:
"Administrative Record" – the complete record of the underlying agency proceeding compiled pursuant to HRS § 91-14(e).
"Agency" – [RESPONDENT STATE AGENCY FULL FORMAL NAME] and, where appropriate, its officers, employees, agents, subdivisions, boards, and successors.
"Decision" – the final administrative decision, order, or determination issued by Agency on [DATE] in Case No. [AGENCY CASE NO.].
"Petitioner" – [PETITIONER FULL LEGAL NAME], including its officers, directors, employees, agents, successors, and assigns.
[// GUIDANCE: Add or delete defined terms to track the facts of the matter; ensure consistent capitalization throughout.]
3. JURISDICTION, VENUE & GOVERNING LAW
3.1 Statutory Basis. This Court has jurisdiction under HRS § 91-14 (judicial review of contested cases).
3.2 Venue. Venue is proper in this Court because (a) the underlying administrative hearing occurred in [COUNTY] County, (b) the Decision was issued in [COUNTY] County, and/or (c) Petitioner resides or maintains its principal place of business in [COUNTY] County.
3.3 Governing Law. This Petition is governed exclusively by the Hawaii Constitution, the Hawaii Administrative Procedure Act (HRS Chapter 91), and Hawaii statutory and decisional law relating to administrative appeals. No jury trial is available in administrative appeal proceedings.
4. PARTIES
4.1 Petitioner. Petitioner [PETITIONER NAME] is a [DESCRIBE ENTITY TYPE] organized under the laws of [STATE] with its principal place of business at [ADDRESS].
4.2 Respondent. Respondent [STATE AGENCY] is a state administrative agency established under [CITE ENABLING STATUTE], with its principal offices at [ADDRESS].
5. EXHAUSTION OF ADMINISTRATIVE REMEDIES
5.1 Petitioner participated fully in the underlying agency proceeding, preserved each objection stated herein, and timely sought internal reconsideration/appeal on [DATE].
5.2 The Agency issued its final Decision on [DATE]. No further intra-agency review is available; therefore, all administrative remedies are exhausted for purposes of HRS § 91-14 and the exhaustion doctrine.
5.3 This Petition is filed within the statutory thirty (30)-day limitations period prescribed by HRS § 91-14(b).
[// GUIDANCE: Attach proof of exhaustion—e.g., final decision letter—as Exhibit A.]
6. STATEMENT OF FACTS
6.1 Overview of Proceedings. On [DATE], Agency commenced administrative enforcement against Petitioner alleging [SUMMARY OF ALLEGED VIOLATIONS].
6.2 Evidentiary Hearing. An evidentiary hearing was conducted on [DATE(S)] before [HEARINGS OFFICER NAME] at which Petitioner presented [NUMBER] witnesses and [NUMBER] documentary exhibits.
6.3 The Decision. On [DATE], the Agency adopted the Hearings Officer's proposed decision, finding [FINDINGS] and imposing the following sanctions: [SPECIFY].
6.4 Prejudice to Petitioner. The Decision adversely affects Petitioner by [DESCRIBE HARM: e.g., monetary penalties, license suspension, reputational damage].
7. CLAIMS FOR RELIEF
7.1 FIRST CAUSE OF ACTION
(Appeal Under HRS § 91-14)
7.1.1 Grounds for Reversal. The Agency's Decision should be reversed or modified because it was:
(a) In violation of constitutional or statutory provisions;
(b) In excess of the statutory authority or jurisdiction of the agency;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(f) Arbitrary, or capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
7.1.2 Standard of Review. The court shall review the Decision under HRS § 91-14(g) to determine if the agency's findings are clearly erroneous and whether the decision was arbitrary, capricious, or an abuse of discretion.
7.1.3 Procedural Error. Agency failed to proceed in the manner required by law by [e.g., denying a fair hearing, admitting inadmissible evidence, violating HRS § 91-9 through 91-12].
7.1.4 Relief Requested. Petitioner requests (a) reversal of the Decision, (b) vacation of penalties, and (c) reinstatement of Petitioner's [license/permit/etc.].
7.2 SECOND CAUSE OF ACTION
(Declaratory Relief – HRS § 632-1)
7.2.1 An actual controversy exists regarding the validity, interpretation, and enforcement of the Decision.
7.2.2 Petitioner seeks a judicial declaration that the Decision is void and unenforceable.
7.3 THIRD CAUSE OF ACTION
(Injunctive Relief)
7.3.1 Absent injunctive relief, Petitioner will suffer irreparable harm, including [describe].
7.3.2 Petitioner seeks a temporary stay and permanent injunction barring enforcement of the Decision pending final resolution of this action pursuant to HRS § 91-14(c).
8. PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully prays for judgment as follows:
A. For reversal or modification of the Decision pursuant to HRS § 91-14(g);
B. For declaratory judgment that the Decision is null, void, and of no legal effect;
C. For preliminary and permanent injunctive relief enjoining Respondent from enforcing the Decision or from taking any adverse action against Petitioner based thereon;
D. For a stay of the Decision pending appeal pursuant to HRS § 91-14(c);
E. For costs of suit and reasonable attorney's fees as permitted by law;
F. For such other and further relief as the Court deems just and proper.
9. VERIFICATION
I, [NAME], am the [TITLE] of Petitioner [PETITIONER NAME]. I have read the foregoing Petition and know its contents. The matters stated therein are true of my own knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them to be true. I declare under penalty of law that the foregoing is true and correct.
Executed on [DATE], at [CITY, STATE].
___________________________________
[NAME]
[Title], [Petitioner]
10. SIGNATURE BLOCK
Respectfully submitted,
[LAW FIRM NAME]
Attorneys for Petitioner [PETITIONER NAME]
By: ___________________________________
[ATTORNEY NAME]
Hawaii Bar No. [####]
[ADDRESS]
[PHONE] | [EMAIL]
Dated: ____________________
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)
- Declaratory judgments: HRS § 632-1
[// GUIDANCE:
1. File a designation of record once the agency transmits the record per HRS § 91-14(e).
2. Concurrently file (or later move for) a request for stay under HRS § 91-14(c) if immediate relief is required.
3. Serve the Petition on the Attorney General and agency counsel.
4. Calendaring: Confirm local circuit court rules for scheduling conferences.]