271-32 Reconsideration and rehearings. (a) After any order or decision has been made by the public utilities commission, any party to the proceeding may apply once for reconsideration or a rehearing in respect to any matter determined in the proceeding and specified in the motion for reconsideration or rehearing. The commission may grant the motion if in its judgment sufficient reason is made to appear.

(b) The motion for reconsideration or a rehearing shall be filed within ten days after the decision and order has been served and shall set forth specifically the ground or grounds on which the applicant considers the decision or order to be unlawful. No person shall in any court urge or rely on any ground not so set forth in the motion. If a motion for reconsideration or rehearing is filed from a final decision and order, the commission's order shall be automatically stayed until the commission renders its final determination on the motion; provided that:

(1) No change in any rate, fare, or charge shall go into effect while a motion for reconsideration or rehearing is pending notwithstanding section 271-20(e);

(2) Any motion for reconsideration or rehearing shall be determined and an order issued by the commission within forty-five days from the filing date of the motion for reconsideration or rehearing; and

(3) The commission may set aside the automatic stay in its discretion.

(c) A motion for reconsideration or rehearing shall not excuse any person from complying with and obeying any order or decision, or any requirement of any order or decision of the commission theretofore made, or operate in any manner to stay or postpone the enforcement thereof, except in such cases and upon such terms as the commission by order directs.

(d) If, after reconsideration or rehearing the commission is of the opinion that the original order or decision, or any part thereof, is in any respect unjust or unwarranted, or should be changed, the commission may abrogate, change, or modify it. The order or decision abrogating, changing, or modifying the original order or decision shall have the same force and effect as an original order or decision, but shall not affect any right or the enforcement of any right arising from or by virtue of the original order or decision unless so ordered by the commission.

(e) An appeal shall lie, subject to chapter 602, from every order made by the commission that is final, or if preliminary, is of the nature defined by section 91-14(a), in the manner provided for civil appeals from the circuit court; provided the order is made after reconsideration or rehearing or is the subject of a motion for reconsideration or rehearing, which the commission has denied. An appeal shall lie, subject to chapter 602, in the manner provided for civil appeals from the circuit courts, only by a person aggrieved in the contested case hearing provided for in this section. [L 1961, c 121, pt of 2; Supp, 106C-30; HRS 271-32; am L 1979, c 127, 1; am L 1980, c 232, 8; am L 2000, c 167, 1; am L 2004, c 202, 31; am L 2006, c 94, 1; am L 2010, c 109, 1]

 

Rules of Court

 

Appeals, see Hawaii Rules of Appellate Procedure.

 

Case Notes

 

Appellate court may not consider any error not set forth in petition for reconsideration. 55 H. 463, 522 P.2d 1272 (1974).

Given that the "aggrieved party" provision of subsection (e) did not apply to the case, supreme court had jurisdiction to hear competitor's appeal; competitor appealed from a final order of the public utilities commission and from the commission's denial of competitor's motion for reconsideration; thus, competitor satisfied the requirements of subsection (e) and 271-33. 104 H. 98, 85 P.3d 623 (2004).

The qualifying clause in subsection (e) neither limits appeals to "contested" cases nor limits appeals to hearings held pursuant to 271-31; subsection (e) is intended to apply only in the event that the public utilities commission conducts a contested case hearing, limiting standing to the "aggrieved" party in that hearing. 104 H. 98, 85 P.3d 623 (2004).

Where appellant failed to file, and obtain an adjudication of, a motion for reconsideration of appellant's citation, there was no appealable order under subsection (e) and 271-33; thus, appellant's failure to file a motion for reconsideration precluded appeal to the intermediate court of appeals. 113 H. 154 (App.), 149 P.3d 806 (2006).

Cited: 9 H. App. 240, 833 P.2d 93 (1992).

 

 

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