Hawaii Revised Statutes 396-12 – Judicial review
Terms Used In Hawaii Revised Statutes 396-12
- Appeals board: means the Hawaii labor relations board. See Hawaii Revised Statutes 396-3
- Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 396-3
- Director: means the director of labor and industrial relations or the director's designee. See Hawaii Revised Statutes 396-3
- Employment: includes the carrying on of any trade, business, occupation, or work, including all excavation, demolition, and construction work, or any process or operation in any way related thereto, in which any person is engaged to work for hire except domestic service in or about a private home. See Hawaii Revised Statutes 396-3
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Except where an order has already become final for failure to contest, the decision and order of the appeals board shall be final and conclusive unless the director or any party to the proceedings before the appeals board obtains a review thereof in the manner provided in chapter 91 by instituting proceedings in the circuit court of the circuit in which the place of employment, machine, device, apparatus, or equipment is situated or such practice, means, method, operation, or process is employed. The hearing on review shall be on the record and the department shall be deemed a party to any such proceedings. The court shall give precedence to such proceedings over all other civil cases.
The party seeking the review of a decision and order of the appeals board shall bear the cost of preparing a transcript, except as provided by law, in which case the appeals board shall bear the cost of preparing the transcript.