271-33 Appeals. From the order made on an application for reconsideration or rehearing by the public utilities commission under this chapter, an appeal shall lie, subject to chapter 602, in the manner and within the time provided for civil appeals from the circuit courts and by the rules of court; provided that the order is final, or if preliminary, is of the nature defined by section 91-14(a). The appeal, of itself, shall not stay the operation of the order appealed from, but the court may stay the same after a hearing upon a motion therefor and may impose such conditions as it may deem proper as to giving a bond and keeping the necessary accounts or otherwise to secure a restitution of the excess charges, if any, made during the pendency of the appeal, in case the order appealed from is sustained, reversed, or modified in whole or in part. [L 1961, c 121, pt of 2; Supp, 106C-31; HRS 271-33; am L 1973, c 149, 2(d); am L 1979, c 111, 13; am L 2004, c 202, 32; am L 2006, c 94, 1; am L 2010, c 109, 1]

 

Cross References

 

Appeals under administrative procedure act, see chapter 91.

 

Rules of Court

 

Appeals, see Hawaii Rules of Appellate Procedure.

 

Case Notes

 

Given that the "aggrieved party" provision of 271-32(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 271-32(e) and this section. 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 271-32(e) and this section; 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: 50 H. 172, 435 P.2d 21 (1967).

Referred to: 50 H. 22, 428 P.2d 411 (1967); 53 H. 14, 486 P.2d 413 (1971).

 

 

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