§291E-40 Judicial review; procedure. (a) If the director sustains the administrative revocation after an administrative hearing, the respondent, or parent or guardian of a respondent under the age of eighteen, may file a petition for judicial review within thirty days after the administrative hearing decision is mailed. The petition shall be filed with the clerk of the district court in the district in which the incident occurred and shall be accompanied by the required filing fee for civil actions. The filing of the petition shall not operate as a stay of the administrative revocation, nor shall the court stay the administrative revocation pending the outcome of the judicial review. The petition shall be appropriately captioned. The petition shall state with specificity the grounds upon which the petitioner seeks reversal of the administrative revocation.
(b) The court shall schedule the judicial review as quickly as practicable, and the review shall be on the record of the administrative hearing without taking of additional testimony or evidence. If the petitioner fails to appear without just cause or, in the case of a petitioner under the age of eighteen, the petitioner fails to appear with a parent or guardian, the court shall affirm the administrative revocation.
(c) The sole issues before the court shall be whether the director:
(1) Exceeded constitutional or statutory authority;
(2) Erroneously interpreted the law;
(3) Acted in an arbitrary or capricious manner;
(4) Committed an abuse of discretion; or
(5) Made a determination that was unsupported by the evidence in the record.
(d) The court shall not remand the matter back to the director for further proceedings consistent with its order. [L 2000, c 189, pt of §23]
Case Notes
As reference to the "court" in subsection (a) is to the district court, the supreme court is not precluded from remanding a case back to the administrative driver's license revocation office. 110 H. 407, 133 P.3d 1199 (2006).
Structure Hawaii Revised Statutes
Title 17. Motor and Other Vehicles
291E. Use of Intoxicants While Operating a Vehicle
291E-3 Evidence of intoxication.
291E-4 Convictions and acts prior to January 1, 2002.
291E-5 Ignition interlock user affordability.
291E-6 Ignition interlock devices; certification.
291E-6.5 Continuous alcohol monitoring device; requirement; penalties.
291E-7 Trauma system surcharge.
291E-8 State drug and alcohol toxicology testing laboratory special fund; established.
291E-12 Persons qualified to take blood specimen.
291E-14 Consent of person incapable of refusal not withdrawn.
291E-17 Other evidence not excluded.
291E-18 Test results to be collected.
291E-19 Authorization to establish intoxicant control roadblock programs.
291E-20 Minimum standards for roadblock procedures.
291E-22 Presence of drugs or metabolic products; admissibility.
291E-31 Notice of administrative revocation; effect.
291E-33 Probable cause determination; issuance of notice of administrative revocation; procedures.
291E-34 Notice of administrative revocation; contents.
291E-35 Immediate restoration of license.
291E-36 Documents required to be submitted for administrative review; sworn statements.
291E-37 Administrative review; procedures; decision.
291E-38 Administrative hearing; procedure; decision.
291E-40 Judicial review; procedure.
291E-41 Effective date, conditions, and period of administrative revocation; criteria.
291E-42 Notice to other states.
291E-43 Administrative procedure act.
291E-44.5 Ignition interlock permits; driving for employment.
291E-45 Eligibility for relicensing and reregistration of motor vehicle.
291E-47 Failure to surrender number plates.
291E-48 Special motor vehicle registration.
291E-49 Transferring title to, or ownership interest in, vehicle prohibited; exceptions.
291E-61 Operating a vehicle under the influence of an intoxicant.
291E-61.5 Habitually operating a vehicle under the influence of an intoxicant.
291E-63 Records of suspensions and revocations of operating privileges to be maintained.