§485A-609 Appeals to court, first circuit; time; bonds; costs; decree; further appeal. (a) An appeal may be taken by any aggrieved person from any final order of the commissioner to the circuit court of the first circuit in the manner provided in chapter 91. The appellant shall execute a bond in the penal sum of $1,000 to the State, with sufficient surety, to be approved by the commissioner or the court, conditioned upon the faithful prosecution of the appeal to final judgment, and the payment of all such costs as shall be adjudged against the appellant.
(b) The appeal shall be conducted without a jury and confined to the record, and it may be given precedence by the court over other matters pending in the court.
(c) If the order of the commissioner is reversed the court shall by its mandate specifically direct the commissioner as to the commissioner's further action in the matter, including the making and entering of any order or orders in connection therewith, and the conditions, limitations, or restrictions to be therein contained; provided that the commissioner shall not thereby be barred from thereafter revoking or altering the order for any proper cause which may thereafter accrue or be discovered.
(d) If the order is affirmed, the appellant shall not be barred after thirty days from filing a new application; provided the application is not otherwise barred or limited.
(e) The appeal shall not in any way suspend the operation of the order appealed from during the pendency of the appeal unless upon proper order of the commissioner or the court.
(f) An appeal may be taken from the decree of the circuit court to the supreme court. [L 2006, c 229, pt of §1]
Rules of Court
Appeal to circuit court, see HRCP rule 72; appeals, see Hawaii Rules of Appellate Procedure.
Structure Hawaii Revised Statutes
Title 26. Trade Regulation and Practice
485A-103 References to federal statutes.
485A-104 References to federal agencies.
485A-105 Electronic records and signatures.
485A-203 Additional exemptions and waivers.
485A-204 Denial, suspension, revocation, condition, or limitation of exemptions.
485A-301 Securities registration requirement.
485A-303 Securities registration by qualification.
485A-304 Securities registration filings.
485A-305 Denial, suspension, and revocation of securities registration.
485A-306 Waiver and modification.
485A-401 Broker-dealer registration requirement and exemptions.
485A-402 Agent registration requirement and exemptions.
485A-403 Investment adviser registration requirement and exemptions.
485A-404 Investment adviser representative registration requirement and exemptions.
485A-405 Federal covered investment adviser notice filing requirement.
485A-407 Succession and change in registration of broker-dealer or investment adviser.
485A-411 Postregistration requirements.
485A-502 Prohibited conduct in providing investment advice.
485A-504 Filing of sales and advertising literature.
485A-506 Misrepresentations concerning registration or exemption.
485A-601 Commissioner of securities.
485A-602 Investigations and subpoenas.
485A-603.5 Additional civil penalties for securities violations committed against elders.
485A-604 Administrative enforcement.
485A-606 Rules, forms, orders, interpretative opinions, and hearings.
485A-607 Administrative files and opinions.
485A-608 Public records; confidentiality.
485A-609 Appeals to court, first circuit; time; bonds; costs; decree; further appeal.
485A-701 Application of act to existing proceeding and existing rights and duties.
485A-802 Governmental disclosures.
485A-803 Immunity for governmental disclosures.
485A-804 Third-party disclosures.
485A-805 Immunity for third-party disclosures.
485A-806 Delaying disbursements or transactions.
485A-807 Immunity for delaying disbursements or transactions.