In Re Robert's Tours & Transportation, Inc.

85 P.3d 623, 104 Haw. 98, 2004 Haw. LEXIS 105
CourtHawaii Supreme Court
DecidedFebruary 19, 2004
Docket22953
StatusPublished
Cited by14 cases

This text of 85 P.3d 623 (In Re Robert's Tours & Transportation, Inc.) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Robert's Tours & Transportation, Inc., 85 P.3d 623, 104 Haw. 98, 2004 Haw. LEXIS 105 (haw 2004).

Opinion

Opinion of the Court by

DUFFY, J.

Appellant E Noa Corporation (E Noa) appeals from two orders of the Public Utilities Commission (PUC): (1) Decision and Order No. 17075, dated July 14, 1999, granting the application of Appellee Robert’s Tours and Transportation, Inc. (Robert’s) to extend its operating authority on 0‘ahu [hereinafter, Order # 1]; and (2) Order No. 17278, dated October 12,1999, denying E Noa’s motion for reeonsideration of Decision and Order No. 17075 [hereinafter, Order # 2].

On appeal, E Noa argues that: (1) the PUC addressed matters outside the application submitted by Robert’s; (2) the PUC erred in failing to issue a prehearing order following the prehearing conference and in improperly adding an issue to the evidentiary hearing; and (3) the PUC erred in concluding that the services proposed by Robert’s would be required by present and future public convenience. Based on the following, we affirm the PUC’s orders.

I. BACKGROUND

On December 9, 1996, Robert’s filed an Application for Motor Carrier Certificate with the PUC. Robert’s sought permanent authority to operate regular' route service on 0‘ahu between Waikiki and Waikele, with stops at several shopping centers in between, in the over-25 passenger vehicle classification. Robert’s filed the application pursuant to Hawai'i Revised Statutes (HRS) § 271-12 (1993), 1 which requires a motor vehicle common carrier to obtain a “certificate of public convenience and necessity” from the PUC before operating the proposed route service on a public highway in Hawai'i.

On December 16, 1996, E Noa filed a motion to intervene. In its motion, E Noa stated that it provided regular route service on 0‘ahu in the over-25 passenger classification and was capable of meeting the need for route service between Waikiki and Waikele. *101 The PUC granted E Noa’s motion on January 17,1997.

On January 22, 1999, the PUC held an evidentiary hearing on Robert’s application. Both Robert’s and E Noa conducted discovery, submitted written testimony, and filed post-hearing briefs. On July 14, 1999, the PUC issued Order # 1 granting Robert’s authority to operate in the over-25 passenger classification, geographically limited to the area from Waikiki to Waikele Center.

On July 26, 1999, E Noa filed a motion for reconsideration with the PUC. On October 12, 1999, the PUC issued Order # 2 denying E Noa’s motion for reconsideration. On November 12, 1999, E Noa filed a notice of appeal.

II. STANDARDS OF REVIEW

A. Jurisdictional Matters

Although neither party raises a jurisdictional issue in this appeal, “[a]n appellate court has ... an independent obligation to ensure jurisdiction over each case and to dismiss the appeal sua sponte if a jurisdictional defect exists.” State v. Graybeard, 93 Hawai'i 513, 516, 6 P.3d 385, 388 (App.2000) (citing Bacon v. Karlin, 68 Haw. 648, 650, 727 P.2d 1127, 1129 (1986)). See also Peterson v. Hawai‘i Elec. Light Co., Inc., 85 Hawai'i 322, 944 P.2d 1265 (1997) (holding that this court lacked appellate jurisdiction to hear a direct appeal from a PUC order), superseded by HRS § 269-15.5 (Supp.1999). 2

B. Review of Agency Determinations

When reviewing an appeal from an agency decision, this court typically relies upon HRS § 91-14 (1993). See, e.g., In re Hawaiian Elec. Co., 81 Hawaii 459, 465, 918 P.2d 561, 567 (1996). HRS § 91-14 provides in relevant part:

(g) Upon review of the record the court may affirm the decision of the agency or remand the case with instructions for further proceedings; or it may reverse or modify the decision and order if the substantial rights of the petitioners may have been prejudiced because the administrative findings, conclusions, decisions, or orders are:
(1) In violation of constitutional or statutory provisions; or
(2) In excess of the statutory authority or jurisdiction of the agency; or
(3) Made upon unlawful procedure; or
(4) Affected by other error of law; or
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary, or capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

“[Ujnder HRS § 91—14(g), conclusions of law are reviewable under subsections (1), (2), and (4); questions regarding procedural defects under subsection (3); findings of fact under subsection (5); and an agency’s exercise of discretion under subsection (6).” In re Hawaiian Elec. Co., 81 Hawai'i at 465, 918 P.2d at 567 (citing Outdoor Circle v. Harold K.L. Castle Trust Estate, 4 Haw.App. 633, 638-39, 675 P.2d 784, 789 (1983)).

However, HRS § 91-14 is entitled “Judicial review of contested eases,” (emphasis added); as discussed infra, E Noa’s appeal does not arise from a “contested” case. This court has previously declined to extend the protections of HRS § 91-14 to an appeal that did not arise from a “contested” case. Abramson v. Board of Regents, University of Hawaii, 56 Haw. 680, 695, 548 P.2d 253, 263 (1976) (holding that the appellant could not invoke the standards of judicial review of contested cases in HRS § 91-14 unless the appeal arose from a contested case). However, the plaintiff in Abramson argued that she was denied procedural due process rights *102 guaranteed by the Hawai'i Administrative Procedure Act (HÁPA); we held that the plaintiff was not entitled to HAPA’s procedural due process protections. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
85 P.3d 623, 104 Haw. 98, 2004 Haw. LEXIS 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-roberts-tours-transportation-inc-haw-2004.