In Matter of Eric G.

OPINION OF THE COURT BY

PADGETT, J.

This is an appeal from an order below dismissing a notice of appeal filed by the Department of Education (hereinafter “DOE”) in response to a decision and order of an administrátive hearings officer. The plaintiff-appellee moved to dismiss on the grounds that Chapter 91, HRS, and Rule 72, HRCP, denied jurisdiction to the circuit courts to hear an appeal by an agency of an administrative hearings officer’s decisions because an agency is not a “person” under § 91-1(2), HRS. Defendant-Appellant DOE filed a motion in opposition. At the conclusion of the hearing…