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Haw. Rev. Stat. § 91-1

Definitions

Known as the Hawaii Administrative Procedure Act

The act spans §§ 91–91 (28 sections).

Applied in 5 court decisions — leading case In Re the Tax Appeal of Fasi (1981)

Most recently applied in State v. Claunch (May 2006)

L 1961, c 103, §1; Supp, §6C-1; HRS §91-1; am L 2017, c 110, §1

How often courts cite this section

198119902000200610
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

For the purpose of this chapter:

"Agency" means each state or county board, commission, department, or officer authorized by law to make rules or to adjudicate contested cases, except those in the legislative or judicial branches.

"Agency hearing" refers only to such hearing held by an agency immediately prior to a judicial review of a contested case as provided in section 91-14.

"Contested case" means a proceeding in which the legal rights, duties, or privileges of specific parties are required by law to be determined after an opportunity for agency hearing.

"Party" means each person named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any court or agency proceeding.

"Persons" includes individuals, partnerships, corporations, associations, agencies, or public or private organizations.

"Rule" means each agency statement of general or particular applicability and future effect that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice requirements of any agency. The term does not include regulations concerning only the internal management of an agency and not affecting private rights of or procedures available to the public, nor does the term include declaratory rulings issued pursuant to section 91-8, nor intra-agency memoranda.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.