Law Journals and Reviews

The Protection of Individual Rights Under Hawai`i's Constitution. 14 UH L. Rev. 311.

Case Notes

Agency.

Generally. 55 H. 538, 524 P.2d 84.

Administrative agency is not a "person" under Civil Rights Act, 42 USCA 1983. 396 F. Supp. 375.

City council is not subject to the procedural requirements of Hawaii administrative procedure act when acting in either a legislative or nonlegislative capacity. 70 H. 361, 773 P.2d 250.

County of Hawai`i department of finance was an "agency" within the meaning of chapter 91, and was not a "person" entitled to appeal under §91-14 (prior to 1993 amendment). 77 H. 396 (App.), 885 P.2d 1137.

Agency hearing.

Hearing concerning transfer of prisoner to mainland prison not an "agency hearing". 63 H. 138, 621 P.2d 976.

Hearing before zoning board of appeals was properly denominated as the "agency hearing," as contemplated by the definition of "contested case" in paragraph (5), where appellant temple was permitted to introduce relevant evidence and cross-examine witnesses. 87 H. 217, 953 P.2d 1315.

Contested case.

Generally. 55 H. 538, 524 P.2d 84.

A hearing "required by law" includes those required by due process. 55 H. 478, 522 P.2d 1255.

"Contested case" construed. 56 H. 680, 548 P.2d 253.

Hearing "required by law" includes constitutional and statutory law. 58 H. 386, 570 P.2d 563.

Public hearing conducted pursuant to public notice has been deemed a contested case. 65 H. 506, 654 P.2d 874.

"Fair hearing" regarding the reduction of welfare benefits was a "contested case". 66 H. 485, 666 P.2d 1133.

Evidentiary hearing under PURPRA was contested case rather than rulemaking. 66 H. 538, 669 P.2d 148.

Granting of special management area permit did not involve a "contested case". 69 H. 81, 734 P.2d 161.

Because the subject matter of the underlying hearing did not involve the homestead lessees’ property interests, the Hawaiian homes commission hearing that transpired was not required by law and therefore was not a contested case as defined by paragraph (5). 76 H. 128, 870 P.2d 1272.

Public hearings held by department were "contested cases". 77 H. 64, 881 P.2d 1210.

Revocation of mooring permit not contested case. 3 H. App. 91, 641 P.2d 991.

Rules.

Generally. 55 H. 538, 524 P.2d 84.

Defendant's approval of use of wood preservative for treating structural lumber in Hawaii, together with defendant's conditions of approval, would appear to be rulemaking. 939 F. Supp. 746.

"General applicability;" "implement law or policy;" "internal management." 55 H. 478, 522 P.2d 1255.

Manual of instructions to personnel of department of social services and housing covering welfare fraud investigations dealt only with "internal management". 58 H. 94, 564 P.2d 1271.

Policy decisions governing transfer of prisoners from state to federal prison do not require publication. 58 H. 386, 570 P.2d 563.

Internal management; rule covering dress standards of visitors to prison. 59 H. 346, 581 P.2d 1164.

Hawaii administrative procedure act held not applicable to advisory functions of the county planning commission. 60 H. 428, 591 P.2d 602.

"Descriptive words and phrases" distributed by department to unemployment compensation appeals referees are rules. 62 H. 286, 614 P.2d 380.

Contract in which board of land and natural resources rented excess transmission capacity in Molokai Irrigation System is not a rule. Concerned only internal management because it dealt with a matter within the custodial management of the board. 62 H. 546, 617 P.2d 1208.

Internal management. 63 H. 117, 621 P.2d 957.

Agency's requirement that no-fault claimants submit to insurer-ordered medical exams is a "rule". 67 H. 148, 682 P.2d 73.

Approval of use of specific breath testing apparatus was not rulemaking. 67 H. 451, 691 P.2d 365.

State hospital's bylaws regarding corrective action against a doctor are not "rules". 68 H. 422, 717 P.2d 1029.

Circular was sent only to other state agencies and did not command or prohibit any action by any member of the public or any public employee; by the clear language of paragraph (4), therefore, Hawaii administrative procedure act did not apply, and conclusion of law stating that circular was not a rule or regulation, but was merely a guideline and was not subject to provisions of Hawaii administrative procedure act was not wrong. 76 H. 332, 876 P.2d 1300.

Where city appraiser’s unwritten methodology for determining imparted value fell within definition of a rule for purposes of paragraph (4), city needed to follow rulemaking procedures set forth in §91-3 prior to applying imparted value deductions toward golf course assessments. 89 H. 381, 974 P.2d 21.

Agency's decision not a "rule" where it was made in a contested hearing that was accusatory in nature; distinction between rulemaking and adjudication discussed. 4 H. App. 463, 667 P.2d 850.

Police department regulation establishing procedures aimed at prescribing officers' activities regarding sobriety roadblocks was internal department regulation. 9 H. App. 98, 825 P.2d 1068.

Hawai`i county police department's field sobriety testing procedures are not "rules" subject to Hawaii administrative procedure act's rule-making requirements. 9 H. App. 406, 844 P.2d 679.

Hawaii Legal Reporter Citations

Issuance of building permit. 79 HLR 79-0579.