Rule 72 - Judicial Review to a District Court(a) How taken. Where a right of redetermination or review in a district court is allowed by statute, any person adversely affected by the decision, order or action of a governmental official or body other than a court, may appeal from such decision, order or action by filing a petition for judicial review in the district court having jurisdiction of the matter. As used in this rule, the term "petitioner" means any person or persons filing a petition for judicial review, and "respondent" means every governmental body or official (other than a court) whose decision, order or action is appealed from, and every other party to the proceedings. (b) Time. The petition for judicial review shall be filed in the district court within 30 days after the mailing of the decision or order or mailing of notification of the action taken, in the manner provided by statute. The petition shall include a statement of the case and prayer for relief as provided in Rule 72(e) of these Rules. However, if the petition for judicial review is mailed, the petition for judicial review shall be deemed timely filed if the mailing is postmarked within the time fixed for filing and is received by the clerk no later than 5 days after the postmarked date. For the purposes of calculating other deadlines in these Rules, the date of filing under this Rule shall be the date the document is received by the clerk.(c) Service. Promptly after filing the petition for judicial review, the petitioner shall serve a certified copy thereof upon each respondent. (d) Record on appeal. (1) Designation. The petitioner shall, within the time provided for filing the petition for judicial review, or within such further time as may be allowed by the court for good cause shown, prepare and present to the clerk of the district court a designation, which shall specify the papers, transcripts, minutes and exhibits which the petitioner desires filed in the district court in connection with the petition. The clerk, in the name and under the seal of the district court, shall endorse on the designation an order, directed to the official or body whose decision, order or action is appealed from, commanding the latter to certify and transmit such papers, transcripts, minutes and exhibits to the district court within 15 days of the date of the order or within such further time as may be allowed by the court. The clerk shall issue certified copies of such designation and order to the petitioner for service upon the official or body whose decision, order or action is appealed from and for service upon any other respondent. The petitioner shall serve certified copies of the designation and order and shall make due return of service thereof to the clerk of the district court. The district court may compel obedience to the order by any appropriate process. (2) Counter designation. Any respondent may, within 10 days after service of the designation and statement of the case, prepare and present to the clerk of the district court a counter designation, which shall specify additional papers, transcripts, minutes and exhibits which the respondent desires to be filed in the district court. The clerk shall endorse thereon an order, as in the case of a designation, and shall issue the order and counter designation to the respondent for service and return as provided in Rule 72(d)(1) in the case of a designation and order. The district court may compel obedience to the order by any appropriate process. When the respondent desiring such additional papers, transcripts, minutes and exhibits has official custody of the same, it shall be sufficient that the respondent file the same and identify the same in an accompanying certificate. A copy of such certificate and of any counter designation shall be served forthwith upon the petitioner. (e) Statement of case. The petition for judicial review shall include a short and plain statement of the case that shall state with specificity the grounds upon which the petitioner seeks reversal of the administrative decision, and a prayer for relief. (f) Costs. No appeal shall be heard, and the petition shall be dismissed, unless the petitioner shall pay all costs, if any, and furnish every bond or other security, if any, required by law. (g) Stay. The filing of a petition for judicial review shall not operate as a stay of the decision, order or action from which the appeal was taken. (h) Hearing. The district court shall schedule the hearing on the petition as quickly as practicable, and the review shall be on the record of the administrative hearing without taking additional testimony or evidence. If the petitioner fails to appear without just cause, the court shall find for the respondent. The sole issues before the court shall be whether the governmental official or body exceeded constitutional or statutory authority, erroneously interpreted the law, acted in an arbitrary or capricious manner, committed an abuse of discretion, or made a determination that was unsupported by the evidence in the record. (i) Judgment. Upon determination of the petition, the court having jurisdiction shall enter judgment to reverse or affirm the administrative ruling. Such judgment shall be reviewable, or final, as may be provided by law. Promptly after final determination of the petition for judicial review in the district court, the clerk of the court shall notify all parties concerned, of the disposition of the appeal. Haw. Dis. Ct. R. Civ. P. 72
Amended July 3, 2019, effective 1/1/2020.COMMENTS:
Adopts DCRCP Rule 72 with modifications.