Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection and Housing, to which was referred S.B. No. 2705 entitled:

begs leave to report as follows:

The purpose of this measure is to make the requirement for transmission of a record on appeal in public housing cases consistent with the requirement for appeals from other administrative proceedings.

The Housing and Community Development Corporation of Hawaii (HCDCH) testified in support of this measure.

Under chapter 201G, Hawaii Revised Statutes, where an appeal has been taken from an administrative hearing decision in public hearing cases, the HCDCH is allowed up to fifteen days after determination of the record on appeal to transmit the record to the reviewing court. This requirement conflicts with section 91-14(d), Hawaii Revised Statutes, which imposes a general twenty-day requirement upon administrative agencies. By increasing the time period for transmission of the record by HCDCH from fifteen to twenty days, this measure establishes consistency in the laws governing judicial review.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection and Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2705 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.