Miller v. Tanaka

910 P.2d 129, 80 Haw. 358
CourtHawaii Intermediate Court of Appeals
DecidedMarch 15, 1996
Docket17148
StatusPublished
Cited by18 cases

This text of 910 P.2d 129 (Miller v. Tanaka) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. Tanaka, 910 P.2d 129, 80 Haw. 358 (hawapp 1996).

Opinions

ACOBA, Judge.

Petitioner-Appellant Robert C. Miller (Petitioner) appeals from the district court judgment filed on May 20, 1993, affirming the administrative revocation of his driver’s license pursuant to Hawai'i Revised Statutes (HRS) chapter 286, Part XIV (1993).1 Petitioner raises several points on appeal. We initially note that the administrative director of the courts (the Director), Respondents Appellee, did not file an answering brief. Exercising our discretion, we believe that five of Petitioner’s points on appeal must be addressed.2 Based on our review, we vacate the judgment filed on May 20, 1993 and remand the case.

[362]*362I.

Petitioner first contends that the Director erred in continuing the administrative hearing at which the Director3 affirmed the revocation of his driver’s license. This question merits extended discussion.

HRS § 286-259(a) and (j) require that an administrative hearing to review the Director’s administrative revocation of a person’s driver’s license must be scheduled to begin no later than twenty-five days from the date of the notice of administrative revocation, unless good cause is shown for a continuance.

§ 286-259 Administrative hearing, (a) If the director administratively revokes the arrestee’s license after administrative review, the arrestee may request an administrative hearing to review the decision within five days of the date the administrative review decision is mailed. The hearing shall be scheduled to commence no later than twenty-five days from the date the notice of administrative revocation was issued. The director may continue the hearing only as provided in subsection CD-
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(j) For good cause shown, the director may grant a continuance either of the commencement of the hearing or of a hearing that has already commenced. If a continuance is granted at the request of the director, the director shall extend the validity of the temporary permit for a period not to exceed the period of the continuance. If a continuance is granted at the request of the arrestee, the director shall not extend the validity of the temporary permit. For purposes of this section a continuance means a delay in the commencement of the hearing or an interruption of a hearing that has commenced other than for recesses during the day or at the end of the day or week.

(Emphases added.)

The requirement that the administrative hearing take place no later than twenty-five days from the notice of revocation is mandatory, and the failure to follow it without good cause “voids the administrative revocation of [a] driver’s license.... ” Aspinwall v. Tanaka, 9 Haw.App. 396, 405, 843 P.2d 145, 149 (1992), cert. denied, 74 Haw. 651, 845 P.2d 1193 (1993).

On February 5, 1993, Petitioner submitted a request for an administrative hearing to review the Director’s revocation of his driver’s license. The hearing was scheduled by the Administrative Driver’s License Revocation Office (ADLRO) for February 19, 1993, some twenty-three days after the Notice of Administrative Revocation was issued. On February 19, 1993, the ADLRO continued the hearing to March 11, 1993, setting the hearing forty-three days after the Notice of Administrative Revocation. The Director sent a letter dated February 19, 1993 to Petitioner notifying him of the continuance. A form entitled “Request for Continuance of Administrative Hearing and Extension of Temporary Permit” is part of the record on appeal. It indicates the continuance was a “Director’s continuance” and the reason for continuing the hearing was stated on the form as follows: “Due to the unavailability of hearing officers (family emergency and illness), hearing being continued by the ADL-RO. ADLRO to resubpoena- witnesses.” The statement was signed by a Wesley Oasa (Mr. Oasa) as the “Requestor” and “for [the] Chief Adjudicator” and dated February 19, 1993. The statement was admitted into evidence over Petitioner’s objection.

At the hearing held on March 11, 1993, Petitioner’s counsel objected to the continuance of the hearing to March 11, 1993. Petitioner’s counsel questioned the lack of specific facts underlying the request for continuance and indicated that Petitioner would have been available for the hearing at any time on February 19, 1993 and on the following day. Because the statement had been admitted over Petitioner’s objection, Petitioner’s counsel requested the opportunity to cross-examine Mr. Oasa, the [363]*363maker of the statement, on the facts supporting the continuance.

[PETITIONER’S COUNSEL]: ... [F]irst of all we object to the characterization of this hearing having been continued. It never began; so I think the proper characterization is that the hearing date had been continued. And as you indicated—
HEARING OFFICER: Alright [sic],
[PETITIONER’S COUNSEL] :—had been continued from February 19. We object to that continuance. We were notified on the 19[th] that the hearing would not take place for the reasons you stated. However, no offer was made as to which officers were gone, how many were gone, how many were still at the ADLRO, and what the remaining schedule or calendar was for the rest of the day. We would have been available to come any time during the 19[th] for that hearing.
In addition to that, we would have been available to come the following day, the following working day. [Petitioner] is entitled to a hearing within 25 days; no reason has been offered as to why a hearing could, not have been scheduled within that 25 day time period, the 19th not being the 25th day.
Additionally at this time I would like an opportunity to examine the maker of that statement which is in the record which you have admitted into evidence over our objection. That document which says that the Hearings Officers were unavailable. We would ask you now [for] the opportunity to call [Mr. Oasa] in and examine him to determine the exact situation.
HEARING OFFICER: Alright [sic]. What do you want to ask him?
[PETITIONER’S COUNSEL]: I wish to ask him which Hearings Officers were present on the 19[th], which—how many cases were scheduled. I’m sure he has a calendar which has the ... schedule for that day. And I would like to thereby determine independently whether or not there was an opportunity to have [Petitioner’s] case heard on the 19th. I would then like to question him regarding the availability of dates within the 25 day time period but after the 19th.

The hearing officer pointed to time constraints, indicated there was no “issue,” and, therefore, denied the request to examine Mr. Oasa.

HEARING OFFICER: Okay, given the ... administrative requirements of running this program, time constraints and so forth, I don’t see an issue here and therefore will deny the request to examine Mr. Oasa who is the maker [sic] of that continuance that you had earlier cited and will of course note your objections to that.

In Aspinwall,

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Miller v. Tanaka
910 P.2d 129 (Hawaii Intermediate Court of Appeals, 1996)
Miller v. Tanaka
910 P.2d 128 (Hawaii Supreme Court, 1996)

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Bluebook (online)
910 P.2d 129, 80 Haw. 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-tanaka-hawapp-1996.