92-6 Judicial branch, quasi-judicial boards and investigatory functions; applicability. (a) This part shall not apply:

(1) To the judicial branch.

(2) To adjudicatory functions exercised by a board and governed by sections 91-8 and 91-9, or authorized by other sections of the Hawaii Revised Statutes. In the application of this subsection, boards exercising adjudicatory functions include, but are not limited to, the following:

(A) Hawaii labor relations board, chapters 89 and 377;

(B) Labor and industrial relations appeals board, chapter 371;

(C) Hawaii paroling authority, chapter 353;

(D) Civil service commission, chapter 26;

(E) Board of trustees, employees' retirement system of the State of Hawaii, chapter 88;

(F) Crime victim compensation commission, chapter 351; and

(G) State ethics commission, chapter 84.

(b) Notwithstanding provisions in this section to the contrary, this part shall apply to require open deliberation of the adjudicatory functions of the land use commission. [L 1975, c 166, pt of 1; am L 1976, c 92, 8; am L 1985, c 251, 11; am L 1998, c 240, 6]

 

Cross References

 

Civil service commission, see definition of "merit appeals board" in 76-11. See also 26-5.

 

Rules of Court

 

Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(12).

 

Case Notes

 

County planning commission's closed deliberations permissible under this section despite open meeting mandate of section 92-3. 64 H. 431, 643 P.2d 55.

Adjudicatory functions include adoption of conclusions of law. 4 H. App. 633, 675 P.2d 784.

 

 

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