Nihi Lewa, Inc. v. Department of Budget & Fiscal Services

Dissenting Opinion of

ACOBA, J.

I would hold that the provision in Hawaii Revised Statutes (HRS) § 103D-712(a)1 (Supp.1999) of the Hawaii Public Procurement Code, which requires that a request for administrative review of the decision of *169the head of a purchasing agency regarding a contract award “shall be made directly5’ with the Office of Administrative Hearings, Department of Commerce and Consumer Affairs, State of Hawai‘i (Office of Administrative Hearings), is directory and not mandatory.

I would also hold that the requirement in HRS § 103D-712(a) that all requests for administrative review…