Title 8 · HI 8

provides officers with a constitutionally protected property interest – the right to legal representation for acting within the scope of their duty; due process thus entitles an officer to a conteste

Citation: Haw. Rev. Stat. § 52D-8

Section: 52D-8

Section 52D-8 provides officers with a constitutionally protected property interest – the right to legal representation for acting within the scope of their duty; due process thus entitles an officer to a contested case hearing under this chapter before an officer can be deprived of this interest. 89 H. 221 (App.), 971 P.2d 310.

In the context of parole hearings, the Hawaii paroling authority does not “adjudicate contested cases” because a Hawaii paroling authority parole proceeding is not a “contested case” as defined under this chapter. 93 H. 298 (App.), 1 P.3d 768.

Since the addition of two extra hunting days to each week of the hunting season concerned “conditions for entry into game management areas, and public hunting areas designated by the department of land and natural resources” and “open seasons” for hunting, the express language of §183D-3 mandated that in order to add the two weekdays for bird hunting, the department had to amend Hawaii administrative rule 13-122-4 pursuant to this chapter. 117 H. 16 (App.), 175 P.3d 126.

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