Bill would speed up contested cases

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HILO — Certain high-profile contested case appeals, such as the one that setback the $1.4 billion Thirty Meter Telescope, could come to a speedier conclusion under a bill nearing its final vote.

House Bill 1581 would allow challenges to decisions considered to have significant statewide importance to go directly to the state Supreme Court, thereby bypassing lower courts. An amended version made it through a conference committee Thursday and is now set for final votes in the House and Senate.

In a press release, House Majority Leader Scott Saiki said the bill would reduce the amount of time it takes for important cases to be resolved. It also would allow the court to appoint someone to oversee cases remanded back to government agencies.

“This bill will hopefully pressure state departments and boards to make sure contested case hearings are conducted properly because they will know they could be appealed directly to the Supreme Court,” Saiki said.

Contested case hearings are quasi-judicial hearings addressing an administrative action that may impact someone’s legal rights. Decisions can be appealed through the courts. The legislation follows TMT’s loss of its conservation district use permit after the state’s high court ruled in December that the Board of Land and Natural Resources wrongfully voted to approve the permit prior to the outcome of the permit’s contested case hearing.