Notice of Appeal from Contested Case Decision - Hawaii

NOTICE OF APPEAL FROM CONTESTED CASE DECISION

Filing Gate

This is a preparation worksheet for review under Haw. Rev. Stat. § 91-14. Confirm the current rules of the reviewing court and whether a specific statute directs the appeal to an appellate court.

Section 91-14(b) generally requires proceedings in the circuit court or, if applicable, environmental court within 30 days after service of the certified final decision and order. A qualifying preliminary ruling must be challenged within 30 days after the ruling. A specific statute may direct the appeal to the Supreme Court or Intermediate Court of Appeals.

Caption

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

STATE OF HAWAII

[APPELLANT NAME], Appellant

v. Civil No. __________

[AGENCY NAME] and

[OTHER PARTY, IF ANY], Appellees

NOTICE OF APPEAL

Notice is given that [APPELLANT NAME] appeals from the following agency decision or ruling:

Appellant was involved in the contested case and is aggrieved because:

[____________________________________________________________]

The proceeding is timely because:

[____________________________________________________________]

A certified copy of the decision and order is attached.

Dated: [__/__/____]

Signature: ______________________________

Name / Hawaii Bar No., if applicable: [________________________________]

Address / Telephone / Email: [________________________________]

Issues for Review

Identify each preserved issue and its record location.

The asserted grounds under § 91-14(g) are:

☐ constitutional or statutory violation

☐ action beyond the Agency's statutory authority or jurisdiction

☐ unlawful procedure

☐ other error of law

☐ clearly erroneous findings in view of reliable, probative, and substantial evidence on the whole record

☐ arbitrary or capricious action, abuse of discretion, or clearly unwarranted exercise of discretion

Stay Request

The appeal does not itself stay enforcement. A reviewing court may order a stay only if the statutory criteria are met:

☐ likelihood of success on the merits

☐ irreparable damage to Appellant without a stay

☐ no irreparable damage to the public

☐ public interest served by a stay

Supporting facts:

[____________________________________________________________]

Record

After the record contents are determined under the rules of court, the Agency generally has 20 days, or further time allowed by the court, to transmit the record. Review is ordinarily without a jury and confined to the record, subject to the statutory exceptions.

☐ Record contents determined

☐ Agency transmission monitored

☐ Missing or incorrect record items identified

☐ Request for additional evidence evaluated under § 91-14(e)

Requested Disposition

Appellant requests that the Court:

☐ affirm in part

☐ remand with instructions

☐ reverse

☐ modify

☐ grant a stay

☐ grant other authorized relief: [________________________________]

Filing Checklist

☐ Contested-case status confirmed

☐ Finality or qualifying preliminary-ruling basis confirmed

☐ Correct reviewing court identified

☐ Thirty-day deadline calculated from the legally operative event

☐ Current court-rule filing and service requirements checked

☐ Certified decision attached

☐ Standing and participation stated

☐ Issues tied to the agency record

☐ Stay motion handled separately if needed

Sources and References

• Hawaii State Legislature, Haw. Rev. Stat. § 91-14, Judicial Review of Contested Cases: https://data.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0091/HRS_0091-0014.htm