Bill Text: HI SB3159 | 2024 | Regular Session | Introduced
Bill Title: Relating To Contested Cases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-04-23 - Conference committee meeting to reconvene on 04-24-24 1:35PM; Conference Room 325. [SB3159 Detail]
Download: Hawaii-2024-SB3159-Introduced.html
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THE SENATE |
S.B. NO. |
3159 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CONTESTED CASES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The
legislature finds that requiring agencies to hold multiple contested case
hearings on matters that are identical or substantially similar that have been
previously adjudicated impedes agencies from acting to address critical issues,
could lead to conflicting decisions creating ambiguity, and is unduly
burdensome on agency resources. The
purpose of this Act is to clarify that a contested case hearing is not required
under such circumstances and to include administrative
contested case proceedings to be within the scope of the vexatious litigant
statute, chapter 634J, Hawaii Revised Statutes.
SECTION
2. Section 91-9, Hawaii Revised
Statutes, is amended to read as follows:
"§91-9 Contested cases; notice; hearing; interactive conference technology; records. (a) Subject to section 91-8.5, in any contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.
(b) The notice shall include a statement of:
(1) The date, time, place, and nature of hearing;
(2) The legal authority under which the hearing is to be held;
(3) The particular sections of the statutes and rules involved;
(4) An explicit statement in plain language of the issues involved and the facts alleged by the agency in support thereof; provided that if the agency is unable to state the issues and facts in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved, and thereafter upon application a bill of particulars shall be furnished; and
(5) The fact that any party may retain counsel if the party so desires and the fact that an individual may appear on the individual's own behalf, or a member of a partnership may represent the partnership, or an officer or authorized employee of a corporation or trust or association may represent the corporation, trust, or association.
(c) The hearing may be held by interactive conference technology that allows interaction by the agency, any party, and counsel if retained by the party, and the notice identifies electronic contact information for each agency, party, and counsel if retained by the party. A contested case hearing held by interactive conference technology shall be recessed for up to one hour when audio communication cannot be maintained; provided that the hearing may reconvene when only audio communication is reestablished. If audio-only communication is reestablished, then each speaker shall state the speaker's name prior to making remarks.
(d) Opportunities shall be afforded all parties to present evidence and argument on all issues involved; provided that, if the hearing is held by interactive conference technology evidence may be submitted and exchanged by electronic means.
(e) Any procedure in a contested case may be
modified or waived by stipulation of the parties and informal disposition may
be made of any contested case by stipulation, agreed settlement, consent order,
or default.
(f) For the purpose of agency decisions, the
record shall include:
(1) All pleadings, motions, intermediate rulings;
(2) Evidence received or considered, including oral testimony, exhibits, and a statement of matters officially noticed;
(3) Offers of proof and rulings thereon;
(4) Proposed findings and exceptions;
(5) Report of the officer who presided at the hearing; and
(6) Staff memoranda submitted to members of the agency in connection with their consideration of the case.
(g) It shall not be necessary to transcribe the record unless requested for purposes of rehearing or court review.
(h) No matters outside the record shall be
considered by the agency in making its decision except as provided herein. (i) For
the purposes of this subsection, "interactive conference technology"
means any form of audio or audio and visual conference technology, including
teleconference, videoconference, and voice over internet protocol, that
facilitates interaction between the agency, any party, and counsel if retained
by the party.
(j)
A contested case hearing may be denied when a requesting party alleges
or raises a cause of action, claim, controversy, issue, fact, or substantive
law that is identical or substantially similar to another administrative matter
that has been finally adjudicated as follows:
(1) A
final decision or order has been issued after a contested case hearing in
accordance with chapter 91 that has not been appealed from or for which the
time to seek review has lapsed; or
(2) A
final decision has been issued by a court of last resort reviewing a decision
or order from a contested case;
unless
the proponent of the new contested case is able to show newly discovered
evidence that could not, with reasonable diligence, have been discovered and
offered at the prior contested case hearing that changes the outcome of the
case. A
denial issued pursuant to this section shall identify the previous
administrative matter and reference the previous cause of action, claim,
controversy, issue, fact, or substantive law and include findings that it was
finally adjudicated.
As used in this section, "a final
decision has been issued by a court of last resort" shall mean a final
decision or judgment from a Hawaii court of competent jurisdiction in which an
appeal or further review is not or no longer available."
SECTION 3. Section 634J-1, Hawaii Revised Statutes, is amended to read as follows:
"[[]§634J-1[]]
Definitions. Unless otherwise
clear from the context, as used in this chapter:
"Court" includes a tribunal in
a contested case proceeding under chapter 91.
"Defendant" means a person
(including a corporation, association, partnership, firm, or governmental
entity) against whom litigation is brought or maintained, or sought to be
brought or maintained[.], including but not limited to a respondent
in a contested case proceeding initiated under chapter 91.
"In propria persona" means on the
person's own behalf acting as plaintiff.
"Litigation" means any civil
action or contested case proceeding, commenced, maintained, or pending
in any state or federal court of record[.], or pending before an
agency under chapter 91.
"Plaintiff" means the person,
including an attorney at law acting on the attorney's own behalf, who
commences, institutes, or maintains litigation or causes it to be
commenced, instituted, or maintained, [including an attorney at law acting
on the attorney's own behalf.] or the petitioner who commences,
institutes, or maintains a contested case proceeding or hearing or causes it to
be commenced, instituted, or maintained.
"Security" means an undertaking to assure payment, to the party for whose benefit the undertaking is required to be furnished, of the party's reasonable expenses, including attorney's fees, and not limited to taxable costs incurred in or in connection with a litigation instituted, caused to be instituted, or maintained or caused to be maintained by a vexatious litigant.
"Vexatious litigant" means a
plaintiff who does any of the following:
(1) In
the immediately preceding seven-year period has commenced, prosecuted, or maintained in
propria persona at least five civil actions other than in a small claims court [that
have been:], or at least five administrative contested case proceedings
that have been:
(A) Finally determined adversely to the plaintiff; or
(B) Unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing;
(2) After
litigation has been finally resolved against the plaintiff, relitigates or attempts to
relitigate in propria persona and in bad faith, either:
(A) The validity of the determination against the same defendant or defendants as to whom the litigation was finally determined; or
(B) The cause of action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant or defendants as to whom the litigation was finally determined;
(3) In
any litigation while acting in propria persona, files, in bad faith,
unmeritorious motions, pleadings, or other papers, conducts unnecessary
discovery, or engages in other tactics that are frivolous or solely intended to
cause unnecessary delay; or
(4) Has
previously been declared to be a vexatious litigant by any state or federal court of
record, or by a tribunal in a contested case proceeding in any action or
proceeding based upon the same or substantially similar facts, transaction, or
occurrence."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed
and stricken. New statutory material is
underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Administrative Procedure; Contested Cases, Vexatious Litigants
Description:
Clarifies that a contested case hearing is not required when a tribunal has already issued a final decision and order in a substantially similar contested case proceeding that was not appealed, or where a court of last resort has already issued a final decision on the proceeding or on other substantially similar matters.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
