2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 12. CONSERVATION AND RESOURCES
174C. State Water Code
§174C-60 Contested cases.


HI Rev Stat § 174C-60 (2011 through Reg Sess) What's This?

[§174C-60] Contested cases. Chapter 91 shall apply except where it conflicts with this chapter. In such a case, this chapter shall apply. Any other law to the contrary notwithstanding, including chapter 91, any contested case hearing under this section shall be appealed upon the record directly to the supreme court for final decision. [L 1987, c 45, pt of §2]

Case Notes

A water management area designation is not the product of a contested case hearing, under chapter 91, from which a direct appeal to the supreme court may be brought under this section. 83 H. 484, 927 P.2d 1367.

This section is inconsistent with and cannot stand together with §§602-5 and 602-57, as amended by Act 202, L 2004, and was deemed amended by implication, effective July 1, 2006, to authorize appeals from the water commission to the intermediate appellate court, not to the supreme court. 113 H. 52, 147 P.3d 836.

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