Arrestee
1
рetitioner-appellant Robert D. Farmer appeals from the judgment and order of the district court affirming the revocation of his driver’s license by the Administrative Driver’s License Revocation Office (ADLRO) pursuant to the License Revocation Act, HRS ch. 286, part XIV (1993 & Supp.1999). In accordance with HRS § 286-261 (1993 & Supp.1999),
2
ADLRO sustained the automatic administrative revocation of Farmer’s driver’s license for life. The lifetime revocation was predicated upon three prior convictions for driving under the influence of alcohol (DUI) within the past ten years. Farmer filed a pеtition for judicial review in the district court, and, on August 18, 1999, the district court affirmed the administrative revocation. On appeal, Farmer argues that the district court erred in affirming the lifetime revocation of his license because (1) ADLRO had abused its discretion by denying Farmer’s motion for continuance where Farmer presented evidence that a motion to set aside his guilty plea challenging the validity of one of his prior DUI convic
tions
For the reasons set forth below, we vacate the judgment affirming Farmer’s lifetime revocation and remand this ease to the district court.
I. BACKGROUND
Following Farmer’s April 16, 1999 arrest for DUI, in violation of HRS § 291-4 (1993 & Supp.1999), 3 the administrative director of the courts (the Director) automatically revoked Farmer’s license for life pursuant to HRS § 286-261(b)(4). Farmer requested an administrative hearing to review the automatic revocation. On May 26,1999, less than two hours before the administrative hearing took place, Farmer filed a motion in the district court to set aside a 1989 DUI conviction on the grounds that the conviction was based on an unconstitutionally accepted guilty plea. At the ADLRO hearing, Farmer requested a continuance of the proceedings until the district court ruled on Farmer’s motion to set aside his 1989 conviction. Farmer argued that the continuance should be granted because: (1) if Farmer succeeded in setting aside his 1989 conviction, he would be subject to a shorter period of revocation; (2) Farmer would be unable to drive beyond the current term of his temporary license, regardless of when the district court issued a ruling, insofar as a continuance would not extend Farmer’s temporary driving permit; and (3) the State would suffer no prejudice by awaiting a ruling on the pending motion. ADLRO denied the continuance.
On June 1, 1999, ADLRO entered its decision sustaining Farmer’s lifetime revocation, which included the following finding of fact:
7. The Arrestee’s prior driving record in the State of Hawai'i shows three prior alcohоl enforcement contacts, as defined by HRS § 286-251 [ (1993 & Supp.1999) 4 ], from the State of Hawai'i traffic violator database, TRAVIS, in the ten years preceding the date of this arrest, April 16, 1999. The three contacts are HRS § 291-4 DUI driver’s license suspensions.
In a footnote, ADLRO suggested that Farmer’s revocation period could be adjusted if one of his convictions was set aside:
Counsel believes that the first prior alcohol enforcement contact of 07-28-1989 will be set aside by the District Court. If that happens then the Arrestee will have two prior alcohol enforcement contacts within seven years of the date of the current arrest and the appropriate period of revocation would be two years. The instant period of revocation is based on the record (with three prior alcohol enforcement contacts) as it stands at the Hearing, see Van Gundy v. ADC, JR 98-0050, decided 10-19-1998, amended 11-23-1998. 5
(Emphasis added.)
On June 15, 1999, Farmer’s motion to set aside his 1989 guilty plea was granted, and,
On appeal to the district court, Fanner argued that (1) ADLRO abused its discretion in denying his request for a continuance because (a) the request was baséd on “good cause” and (b) the denial of а continuance deprived Farmer of due process; and (2) the lifetime revocation order must be reversed or amended because one of Farmer’s prior convictions was set aside. 6 The district court affirmed ADLRO’s revocation order on August 18,1999. Farmer timely appealed.
II. STANDARDS OF REVIEW
A. Administrative Agency Decision
Judicial review of a decision of the Director regarding the revocation of a driver’s license is governed by HRS § 286-260, and is limited to the record of the administrative hearing and the questions whether the Director exceeded constitutional or statutory authority, erroneously interpreted the law, acted in an arbitrary or capricious. manner, committed an abuse of discretion, or made a determination that was unsupported by the evidence in the record.
Kenan v. Tanaka, 75
Haw. 1, 20,
“Review of a decision made by [a] court upon its review of an [administrative] decision is a secondary appeal. The standard of review is one in which this court must determine whether the court [under review] was right or wrong in its deeision[.]” University of Hawai'i Professional Assembly v. Tomasu,79 Hawai'i 154 ,157,900 P.2d 161 , 164 (1995) (citations and quotation signals omitted).
Gray v. Administrative Director of the Court,
B. Statutory Interpretation
The interpretation of a statute is a question of law that this сourt reviews
de novo. Konno v. County of Hawai‘i,
Moreover, where the language of the statute is plain and unambiguous, our only duty is to give effect to its plain and obvious meaning. When construing a statute, our foremost obligation is to ascertain and give effect to the intention of the legislature, which is to be obtained primarily from the language contained in the statute itself. And we must read statutory language in the context of the entire statute and construe it in a manner consistent with its purpose.
When there is doubt, doubleness of meaning, or indistinctiveness or uncertainty of an expression used in a statute, an ambiguity exists. Put differently, a statute is ambiguous if it is capable of being understood by reasonably well-informed people in two or more different senses.
In construing an ambiguous statute, the meaning of the ambiguous words may be sought by examining the context, with which the ambiguous words, phrases, and sentences may be compared, in order toascertain their true meaning. Moreover, the courts may resort to extrinsic aids in determining the legislative intent. One avenue is the use of legislative history as an interpretive tоol.
Id.
(citing
State v. Toyomura,
C. Constitutional Law
"We answer questions of constitutional law by exercising our own independent judgment based on the facts of the ease. Thus, we review questions of constitutional law under the right/wrong standard.”
Gardens at West Maui Vacation Club v. County of Maui,
III. DISCUSSION
A. Denial of Continuance
Farmer contends that the district court erred in affirming his lifetime revocation because: (1) ADLRO had abused its discretion by denying Farmer’s request for a continuance pending the district court’s ruling on his challenge to a prior DUI conviction; and (2) ADLRO’s denial of his request for a continuance deprived Farmer оf his constitutional right to due process. The Director argues that ADLRO properly exercised its discretion in denying Farmer’s motion for continuance because Farmer failed to show good cause and did not timely file his motion to set aside his prior conviction.
This court has recognized that an ADLRO hearing officer has discretionary authority to grant or deny a continuance of a driver’s license revocation hearing.
Norton v. Administrative Director of the Court,
HRS § 286—259(j) (Supp.1999) provides that, “[f]or good cause shown, [ADL-RO] may grant a continuance^]” As a general rule, “good cause” is defined as “a substantial reason amounting in law to a legal excuse for failing to perform an act required by law.”
Robison v. Administrative Director of the Court,
At the ADLRO hearing, Farmer requested a continuance of the hearing until the district court ruled on the motion to set aside his prior conviction, noting that the lifetime revoсation would remain in effect despite any continuances. 7 ADLRO denied Farmer’s request for continuance, concluding that the record was complete, and suggesting that, if one of his prior convictions was later vacated, his remedy lay elsewhere.
Granting continuances based on speculation alone causes undue delay. In
Aspinwall v. Tanaka,
HRS § 286-261(b)(4) provides that ADLRO may revoke a driver’s license “[f]or life if the arrestee’s driving record shows three or more priоr alcohol enforcement contacts during the ten years preceding the date of arrest.” Where an arrestee is a member of the class of persons enumerated in HRS § 286—261(b)(4) and the written administrative record is not deficient in any respect, ADLRO has no statutory alternative but to impose an administrative license revocation “for life.”
See Gray,
Farmer also argues that the denial of his request for a continuance deprived him of due process. In
Kernan v. Tanaka,
Accepting that a driver’s license is a protected property interest, the issue becomes “what process is due to protect against erroneous deprivation of that interest.” Batchelder,463 U.S. at 1116-17 ,103 S.Ct. 3513 (citing Mackey,443 U.S. at 10 ),99 S.Ct. 2612 . Due process encompasses the opportunity to be heard at a meaningful time and in a meaningful manner. Barry v. Barchi,443 U.S. 55 , 66,99 S.Ct. 2642 ,61 L.Ed.2d 365 (1979); Armstrong v. Manzo,380 U.S. 545 , 552,85 S.Ct. 1187 ,14 L.Ed.2d 62 (1965); see Evans v. Takao,74 Haw. 267 , 282,842 P.2d 255 , 262 (1992); Sandy Beach Defense Fund v. City Council,70 Haw. 361 , 378,773 P.2d 250 , 261 (1989). “[D]ue process is flexible and calls for such procedural protections as the particular situation demands.” Mathews v. Eldridge,424 U.S. 319 , 334,96 S.Ct. 893 ,47 L.Ed.2d 18 (1976); see Evans,74 Haw. at 282 ,842 P.2d at 262 ; Sandy Beach,70 Haw. at 378 ,773 P.2d at 261 .
The appropriate process due in a given situation:
requires сonsideration of three distinct factors: [1] the private interest that will be affected by the official action; [2] the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and [3] the government’s interest, including the function involved and the fiscal or administrative burdens that the additional procedures would entail.
Mathews,424 U.S. at 334-35 ,96 S.Ct. 893 ; see Sandy Beach,70 Haw. at 378 ,773 P.2d at 261 , and Silver v. Castle Memorial Hospital,53 Haw. 475 , 484,497 P.2d 564 , 571 (1972).
Id.
at 22-23,
Farmer essentially contends that, because a motion to set aside one of his prior convictions was pending, ADLRO was required to grant his continuance to avoid the risk of erroneous deprivation of his license. Considering the private interest affected in this case, we recognize that a lifetime revocation implicates a serious deprivation of Farmer’s interest in his driver’s license. However, given the speculative nature of Farmer’s motion to set aside his prior conviction at the time of the hearing,
see
discussion
supra,
there was no constitutionally significant increase in the risk of erroneous deprivation that would entitle Farmer to a continuance.
Based on the foregoing, we hold that, because the ADLRO properly considered the evidence before it at the time of the administrative hearing and imposed the statutorily mandated revocation period, the district court did not err in affirming ADLRO’s denial of Farmer’s request for a continuance. We next consider whether the district court erred in affirming ADLRO’s decision after Farmer’s 1989 DUI conviction was set aside.
B. Limitations on Judicial Review
Farmer claims that the district court should have reversed or amended his revocation period because Farmer adduced evidence that, after the ADLRO decision, one of the prior convictions forming the basis for the lifetime revocation was set aside. The Director argues that:
There is no statutory authority for the district court to alter the Administrative Director’s revocation based on a prior conviction being overturned after the administrative decision is rendered because the overturning was not part of the original Administrative Director’s record. HRS § 286-260(b) unambiguously limits the district court’s review to “the record of the administrative hearing without taking of additional testimony or evidence.” (Emphasis added). Thus, the district court was barred from considering the subsequent overturning [of one of Farmer’s three prior DUI convictions].
(Emphases in original.)
The relevant provisions of the License Revocation Act do not provide an opportunity to challenge a revocation decision at the administrative agеncy level if predicate prior convictions are later set aside. Although ADLRO suggested that Farmer may be entitled to request relief from ADLRO if he did not file an appeal and his conviction was later vacated, we have found no statutory authority under the License Revocation Act allowing ADLRO to consider new evidence and grant such relief. The question whether ADLRO should have the authority to reconsider or amend a revocation decision must be addressed by the legislature.
An examination of the License Revоcation Act reveals that filing a petition for judicial review by the district court pursuant to HRS § 286-260 (1993 & Supp.1999)
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is the only avenue for post-revocation relief provided by statute, and judicial review by the district court pursuant to HRS § 286-260 is limited to the record before ADLRO. As the Director correctly points out, under the express language of HRS § 286-260(b), the district court did not have the authority to consider new evidence on a petition for judicial review of ADLRO’s revocation decision.
See also
HRS § 286-260(c); District Court Rules of CM Procedure (DCRCP) Rule 72(h) (1999);
Gray,
The foregoing provisions limiting judicial review and prohibiting remand to ADLRO were enacted to ensure that ADL-RO “make a simple, quick and efficient determination whether to revoke a person’s driver’s license for [DUI,] ” Sen. Stand. Comm. Rep. No. 2630, in 1996 Senate Journal, at 1225, so that dangerous drivers are taken off the public roads as soon as possible. See id.; Sen. Conf. Comm. Rep. No. 137, in 1990 Senate Journal, at 825-26. In promulgating these provisions, it appears that the legislature did not contemplate the situation presented here. If Farmer’s record contained only two prior alcohol enforcement contacts, the maximum period of revocation ADLRO could have imposed would have been two years. HRS § 286—261(b)(3). Based on the revocation periods imposed by and the legislative history of the License Revocation Act, it is clear that the legislature intended to impose harsh penalties on repeat offenders with prior DUI convictions. See HRS § 286-261; see also Sen. Stand. Comm. Rep. No. 2630, in 1996 Senate Journal, at 1225; Sen. Conf. Comm. Rep. No. 137, in 1990 Senate Journal, at 825-26. However, we do not believe the legislature intended to deny arrestees an opportunity to challenge or adjust a revocation period that is based upon an invalid conviction and, thus, no longer supported by the evidence.
The District Court Rules of Civil Procedure (DCRCP) also fail to provide Farmer an avenue for relief. In most proceedings before the district court, DCRCP Rule 60(b) (1999) provides for relief from a judgment or order of the district court where, inter alia: (1) there is newly discovered evidence; (2) a prior judgment upon which the judgment is based is vacated; (3) it is no longer equitable that the judgment have prospective application; or (4) any other reason is present that justifies relief from the operation of the judgment. However, DCRCP Rule 60(b) relief from judgment is not available to Farmer because the DCRCP are not applicable to petitions for judicial review from ADLRO. DCRCP Rule 81(a)(3)(1999) (providing that provisions of the DCRCP are not applicable to judicial review pursuant to DCRCP Rule 72, which governs judicial review of agency actions).
Nevertheless, “[w]e have held that, ‘[ajmong courts’ inherent powers are the powers to create a remedy for a wrong even in the absence of specific statutoiy rem-ediesf.]’ ”
Carl Corporation v. Department of Education,
Our constitution vests the “judicial power of the State” in the courts. Haw. Const, art. VI, s 1. Nowhere in that document is the exact nature of the “judicial power” defined, and we agree that the “essentially inherent or implied powers of the court are by their nature impracticable if not impossible of all-inclusive enumeration.” But speaking generally, the “inherent power of the court is the power to protect itself; the power to administer justice whether any previous form of remеdy has been granted or not; the power to promulgate rules for its practice; and the power to provide process where none exists.”
State v. Moriwake,
IV. CONCLUSION
Based on the foregoing, we vacate the district court’s judgment affirming Farmer’s lifetime revocation and remand this case to the district court for further proceedings consistent with this opinion.
Notes
. For the purposes of the Administrative Driver's License Revocation Act (the License Revocation Act), the term "arrestee” includes, inter alia, any person arrested for driving under the influence of alcohol. Hawai'i Revised Statutes (HRS) § 286-251 (1993 & Supp.1999).
. HRS § 286-261(b) provides in pertinent part:
The periods of administrative revocation that may be imposed under this part are as follows:
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(4) For life if the arrestee’s driving record shows three or more prior alcohol enforcement contacts during the ten years preceding the date of arrest[.]
. HRS § 291-4 provides in pertinent part:
(a) A person commits the offense of driving under the influence of intoxicating liquor if:
(1) The person operates or assumes actual physical control of the operation of any vehicle while under the influence of intoxicating liquor, meaning that the person concerned is under the influence of intoxicating liquor in an amount sufficient to impair the person's normal mental faculties or ability to care for oneself and guard against casualty; or
(2) The person operates or assumes actual physical control of the operation of any vehicle with .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood or .08 or more grams of alcohol per two hundred ten liters of breath.
. HRS § 286-251 provides in pertinent part:
“Alcohol enforcement contact” means ... any conviction in this or any other state or federal jurisdiction for driving, operating, or being in physical control of a motor vehicle while having аn unlawful concentration of alcohol in the blood, or while under the influence of alcohol.
.The ADLRO hearing officer suggested that ADLRO might be able to provide relief to Farmer by amending the period of revocation if and when ADLRO received notice that a prior conviction forming the basis for a revocation had been set aside:
HEARING OFFICER: All right. Counsel, I’ve recently done a similar [case] under similar circumstances and what I’ve done is followed the— I'm sorry, ... Van Gundy [, a district court case] decided this year[,] ... where ... the appropriate way to do this is for this office to take note of the three official prior alcohol enforcement contacts!.]
And ... [the district court] sets it out that there should be no appeals, so that this office does not lose jurisdiction. Then upon receipt of the first [conviction being set aside], [the district court] said that we should so adjust the revocation period.
. The Director contends that the record on appeal is incomplete because it does not include a transcript of the district court proceedings. Although no district court transcript is included in the record on appeal, the district court transcripts are not necessary to the disposition of this appeal because (1) the arguments on appeal to this court were presented to the district court in its brief in support of the' petition for judicial review and (2) the district court’s order specifically rejected all the arguments presented therein.
. HRS § 286-259© provides that, "[i]f a continuance is granted at the request of the arrestee, fte director shall not extend the validity of the temporary permit.”
. HRS § 286-260 provides in pertinent part:
(a) If the director sustains the administrative revocation after administrative hearing, the ar-restee may file a petition for judicial review within thirty days after the administrative hearing decision is mailed.... The filing of the petition shall not operate as a stay of the administrative revocation nor shall the court stay the administrative revocation pending the outcome of the judicial review....
(b) The court shall schedule the judicial review as quickly as practicablе, and the review shall be on the record of the administrative hearing without taking of additional testimony or evidence. ...
(c) The sole issues before the court shall be whether the director exceeded constitutional or statutory authority, erroneously interpreted the law, acted in an arbitrary or capricious manner, committed an abuse of discretion, or made a determination that was unsupported by the evidence in the record.
(d) The court shall not remand the matter back to the director for further proceedings consistent with its order.
(Emphases added.)
. Subsection (d) of HRS § 286-260, prohibiting the district court from remanding matters to the ADLRO, was added in 1996. 1996 Haw. Sess. L. Act 230, § 4 at 527-28. Prior to the 1996 amendment, the Intermediate Court of Appeals held that,
in the absence of a specific provision
in HRS chapter 286, Part XIV limiting the manner of the district courts’ dispositions, “the district court is vested with jurisdiction ... to remand tlie case to the ADLRO[.]”
Miller v. Tanaka, order denying reconsideration of opinion,
