674-5 Panel staff; power to contract.
§674-5 Panel staff; power to contract. (a) Supervisory, administrative, investigatory, hearings, and clerical personnel necessary for the efficient functioning of the panel shall be appointed by the panel and the director of commerce and consumer affairs on a temporary exempt basis. There shall be a special assistant to the chairperson of the Hawaiian homes commission, […]
674-6 Rulemaking powers.
§674-6 Rulemaking powers. The panel shall adopt rules in accordance with chapter 91 prescribing the procedures to be followed in the filing of claims and in the proceedings for review of claims under this chapter, and any other rules as the panel deems necessary to carry out the purposes of this chapter. [L 1991, c […]
674-7 Review by panel required.
§674-7 Review by panel required. Any individual beneficiary under the trust claiming actual damages arising out of or resulting from a breach of trust, which occurred between August 21, 1959, and June 30, 1988, and which was caused by an act or omission of an employee of the State in the management and disposition of […]
674-8 Powers and procedures of the panel.
§674-8 Powers and procedures of the panel. (a) The panel may hold hearings or such other proceedings as it deems necessary, sit and act at such times and places, and take such testimony as the panel deems advisable. The panel shall fix a time and place for hearings or other proceedings on such claim and […]
674-9 Panel hearing or review proceedings; fact-finding; evidence.
§674-9 Panel hearing or review proceedings; fact-finding; evidence. No persons other than the panel or hearings officer, the claimant, representatives of the concerned state agency, legal counsel, witnesses, and persons called by the panel to assist in its review, shall be present during any hearing or other proceedings conducted by the panel, except with the […]
673-4 Scope of relief.
§673-4 Scope of relief. (a) In an action under this chapter the court may only award land or monetary damages to restore the trust which has been depleted as a result of any breach of trust duty and no award shall be made directly to or for the individual benefit of any particular person not […]
674-10 Findings and advisory opinion.
§674-10 Findings and advisory opinion. (a) The panel shall prepare findings and an advisory opinion concerning the probable merits of a claim, probable award of compensation, or recommended corrective action by the State. (b) The findings and advisory opinion shall be signed by all members of the panel; provided that any member of the panel […]
673-5 Attorney’s fees and costs.
§673-5 Attorney’s fees and costs. (a) In any action under this chapter, the court shall, upon a specific finding that a non-prevailing party’s claim or defense was frivolous, assess against such party and award to the prevailing party, and enter as part of its order or judgment, a reasonable sum for costs and expenses incurred, […]
674-11 Subsequent litigation; excluded evidence.
§674-11 Subsequent litigation; excluded evidence. No statement made in the course of any investigation, hearing, or review proceedings of the panel shall be admissible in evidence either as an admission, to impeach the credibility of a witness, or for any other purpose in any legal proceeding. No opinion, conclusion, finding, or recommendation of the panel […]
673-6 Award or judgment as bar.
§673-6 Award or judgment as bar. An award or judgment in an action under this chapter shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the agent, officer, or employee of the State whose act or omission gave rise to the claim. [L 1988, c […]