(a) The findings and order of the board, and the board’s approval or disapproval of an application issued by the State are final, conclusive, and binding upon all owners, state agencies, and other government agencies, regulatory or otherwise, as to the safety of design, construction, enlargement, repair, alteration, removal, maintenance, and operation of any dam or reservoir. The board’s approval of an application or a certificate of approval to impound shall not be considered final if it can be demonstrated to the board that the board’s approval of the relevant application or certificate of approval was based on one or more misrepresentations.
Terms Used In Hawaii Revised Statutes 179D-7
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
(b) Any person who is aggrieved or adversely affected by an order or action of the board shall be entitled to administrative and judicial review in accordance with chapter 91; provided that the order or action shall remain in force until modified or set aside on appeal.
