Legal Opinion · Concurring in part, dissenting in part
Si-Nor, Inc. v. Director, Department of Labor & Industrial Relations
Hawaii Intermediate Court of Appeals
Decided February 26, 2009No. 27304Published
1Concurring in part, dissenting in part
Concurring and Dissenting Opinion of
FUJISE, J.
I concur with parts III A and III B of the majority’s opinion but part company with my colleagues regarding part III C as I disagree that the Director’s interpretation of his department’s rules was so plainly erroneous or contrary to the legislative mandate that it should be disregarded.
It is well-established that the timely filing of an agency appeal is a jurisdictional requirement. See Assoc. of Apt. Owners of the Governor Cleghorn v. M.F.D., Inc., 60 Haw. 65, 68-70, 587 P.2d 301, 304 (1978) (untimely appeal to building appeals board and…
2Cases cited5 opinions
- United States v. LombardoSupreme Court of the United States · 1916
- Hawaii Teamsters & Allied Workers, Local 996 Ex Rel. Affected OTS Employees v. Department of Labor & Industrial RelationsHawaii Supreme Court · 2006
- Svob v. Bryan (In Re Bryan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
- Association of Apartment Owners of the Governor Cleghorn v. M.F.D., Inc.Hawaii Supreme Court · 1978
- Tanaka v. Department of Hawaiian Home LandsHawaii Intermediate Court of Appeals · 2004