§485-23  Appeals to circuit court, first circuit; time; bonds; costs; decree; further appeal.  [2004 amendment repealed June 30, 2010.  L 2006, c 94, §1.]  An appeal may be taken by any aggrieved person from any final order of the commissioner of securities to the circuit court of the first circuit in the manner provided in chapter 91.  The appellant shall execute a bond in the penal sum of $1,000 to the State, with sufficient surety, to be approved by the commissioner or the court, conditioned upon the faithful prosecution of the appeal to final judgment, and the payment of all such costs as shall be adjudged against the appellant.  The appeal shall be conducted without a jury and confined to the record, and it may be given precedence by the court over other matters pending in the court.  If the order of the commissioner is reversed the court, by its mandate, shall specifically direct the commissioner as to the commissioner's further action in the matter, including the making and entering of any order or orders in connection therewith, and the conditions, limitations, or restrictions to be therein contained; provided that the commissioner shall not thereby be barred from thereafter revoking or altering the order for any proper cause which may thereafter accrue or be discovered.  If the order is affirmed, the appellant, after thirty days, shall not be barred from filing a new application; provided that the application is not otherwise barred or limited.  The appeal shall not suspend the operation of the order appealed from during the pendency of the appeal unless upon proper order of the commissioner or the court.  An appeal may be taken from the decree of the circuit court to the intermediate appellate court, subject to chapter 602. [L 1957, c 314, pt of §1; am L 1965, c 96, §131; Supp, §199-19; HRS §485-23; gen ch 1985; am L 2001, c 16, §4; am L 2004, c 202, §52]

 

Note

 

  L 2004, c 202, §82 provides:

  "SECTION 82.  Appeals pending in the supreme court as of the effective date of this Act [July 1, 2006] may be transferred to the intermediate appellate court or retained at the supreme court as the chief justice, in the chief justice's sole discretion, directs."

 

Rules of Court

 

  Appeal to circuit court, see HRCP rule 72; appeal to supreme court, see Hawaii Rules of Appellate Procedure.