Report Title:

Design Professional Conciliation Panel; Unsuitability

Description:

Repeals court considerations of unsuitability of case for the design professional conciliation panel; provides for a standard of a fair and reasonable outcome to all parties concerned.

HOUSE OF REPRESENTATIVES

H.B. NO.

2281

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO DESIGN PROFESSIONAL CONCILIATION PANEL.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 672-2.1, Hawaii Revised Statutes, is amended to read as follows:

"672-2.1 Determination of unsuitability. Any party may file a motion with the circuit court in the judicial circuit in which the claim arose for a determination that the subject matter of the dispute is unsuitable for review by a panel under this chapter; provided that no [such application] motion may be filed within ten days of the date on which the claim is scheduled to be heard by a panel or after [such] a hearing has taken place.

In determining whether the subject matter of a dispute is unsuitable for disposition pursuant to this chapter, a court [may consider:

(1) The magnitude of the potential award, or any issue of broad public concern raised by the subject matter underlying the dispute;

(2) Problems referred to the court where court regulated discovery is necessary;

(3) The fact that the matter in dispute is a reasonable or necessary issue to be resolved in pending litigation and involves other matters not covered by or related to this chapter;

(4) The fact that the design professional's involvement in the matter is distinctly secondary in importance to the involvement of parties not covered by this chapter;

(5) The potential for unreasonable delays in reaching any resolution of the matter by its referral to a panel pursuant to this chapter;

(6) The fact that there are too many parties or issues involved to be effectively handled by the informal processes of this chapter; or

(7) The fact that one or more of the design professionals named in the claim is no longer subject to the jurisdiction of the panel, or refuses to participate in the proceedings before the panel, to the detriment of the remaining parties.

For the purpose of any such application there] shall consider whether a fair and reasonable outcome to all parties concerned would result from a proceeding under this chapter. There shall be a rebuttable presumption that the subject matter is unsuitable for review by a panel under this chapter where the claim against the design professional arises out of a third-party action in pending litigation.

Any such [application] motion to the circuit court shall be made and heard in a summary manner and in accordance with procedures for the making and hearing of motions."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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