HOH Corp. v. Motor Vehicle Industry Licensing Board

OPINION OF THE COURT BY

NAKAMURA, J.

The Motor Vehicle Industry Licensing Board found that HOH Corporation, a licensed distributor of motor vehicles, violated Hawaii Revised Statutes (HRS) § 437-28(b)(22)(C) 1 and ordered it to pay a fine of $2,000. HOH appealed to the Circuit Court of the First Circuit, asserting the finding was erroneous and the foregoing section of the statute, on its face and as applied, was constitutionally infirm. The circuit court affirmed the Board’s decision and order without considering the claims of constitutional infirmity, but we conclude the court should have…