Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, 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.

Your Committee finds that under chapter 201G, Hawaii Revised Statutes (HRS), the Housing and Community Development Corporation of Hawai'i (HCDCH) is required to transmit to the reviewing court, within fifteen days, the record of a proceeding on appeal from an administrative hearing decision. Your Committee further finds that this fifteen-day requirement conflicts with section 91-14(d), HRS, which imposes a twenty-day requirement upon administrative agencies. Thus, your Committee agrees that increasing the time period for transmission of the record from fifteen to twenty days, will provide consistency in the laws governing judicial review of decisions derived through the administrative hearing process.

As affirmed by the record of votes of the members of your Committee on Judiciary 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 Third Reading.