257 P.3d 213
Haw. App.2011Background
- DOE issued 2004 RFP for intensive instructional support for students with disabilities under HRS ch. 103F.
- ANK submitted January 2005 proposal; DOE notified ANK March 31, 2005 that it scored below minimum 70.
- Re-scoring in April 2005 still left ANK below threshold; protest and additional discussions followed.
- ANK protested and sought information; DOE denied protest in August 2005.
- ANK filed suit Sept. 16, 2005; circuit court granted judgment for DOE, ANK appealed.
- Circuit court denied ANK’s MSJ and granted Hamamoto’s MSJ; judgment in favor of Hamamoto affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Judicial review precluded by Chapter 103F | ANK argues Chapter 103F is unconstitutional or allows review | Hamamoto argues 103F exclusive remedies preclude review | Chapter 103F precludes judicial review under 103F-504 |
| Circuit court authority to review DOE decisions | ANK seeks review under constitution or §603-21.9 | Court lacks authority due to exclusive administrative remedy | Court lacks jurisdiction to review DOE decision under Chapter 103F |
| Private right of action for negligence under Chapter 103F | ANK asserts tort duty and private right of action | Statutory remedies bar private tort action | No private right of action; damages under HRS ch. 662 not available |
| Mootness and declaratory/injunctive relief | Relief not moot; issues capable of repetition | Relief moot if contract concluded | Claims not moot; declaratory/injunctive relief considered |
| Constitutionality and review of Chapter 103F | Constitutionality of 103F under Hawaiʻi Constitution | Statutory framework valid; separation of powers preserved | Chapter 103F constitutional; no improper delegation or excess review |
Key Cases Cited
- Hawaii Insurers Council v. Lingle, 120 Hawai`i 51 (2008) (persuasive agency deference where statute broad or ambiguous)
- Burke v. County of Maui, 95 Hawai`i 288 (2001) (right to appeal purely statutory; burden on challenger)
- Blair v. Cayetano, 73 Hawai`i 536 (1992) (statutory presumptions; interpretation to give effect to language)
- Kaina v. Gellman, 119 Hawai`i 324 (App. 2008) (inherent powers; limits on review when statute exclusive)
- Tseu v. Jeyte, 88 Hawai`i 85 (1998) (private right of action inquiry; substantive rights vs. procedural defects)
- Haole v. State, 111 Hawai`i 144 (2006) (agency authority to review its own actions; constitutional questions)
- Morgan v. Planning Dep't, County of Kauai, 104 Hawai`i 173 (2004) (legislative intent;Ambiguity; extrinsic aids in interpretation)