Rose v. Oba

OPINION OF THE COURT BY

HAYASHI, J.

The appellee, Ernest C. Rose, M.D. (hereinafter “Dr. Rose”), brought an action challenging the termination of his privileges at Hilo Hospital. The trial court dismissed the decision of the Governing Authority 1 to revoke Dr. Rose’s privileges, on the ground that the rules and regulations pursuant to which his privileges were revoked were not promulgated in accordance with the rule-making procedures in the Hawaii Administrative Procedure Act (hereinafter “HAPA”), as enacted in Hawaii Revised Statutes (hereinafter “HRS”) Chapter 91. For the reasons set forth…