Pied2remand.txt

CIVIL RIGHTS COMMISSION

STATE OF HAWAI'I

WILLIAM D. HOSHIJO, ) Docket No. 98-007-E-D
Executive Director, on behalf )
of the complaint filed by ) ORDER SUA SPONTE REMANDING CASE FOR
BRUCE PIED, ) FURTHER PROCEEDINGS
)
and )
)
BRUCE PIED, )
)
Complainant-Intervenor, )
)
vs. )
)
ALOHA ISLANDAIR, INC., )
)
Respondent. )
_______________________________)
) Consolidated with
WILLIAM D. HOSHIJO, ) Docket No. 98-008-E-D-RET
Executive Director, on behalf )
of the complaint filed by )
BRUCE PIED, )
)
and )
)
BRUCE PIED, )
)
Complainant-Intervenor, )
)
vs. )
)
ALOHA ISLANDAIR, INC., )
)
Respondent. )
_______________________________)






ORDER SUA SPONTE REMANDING CASE FOR FURTHER PROCEEDINGS


The Hearings Examiner's Findings of Fact, Conclusions of
Law and Recommended Order ("Recommended Order") was filed on May
28, 1999. The Recommended Order reserved the issues of the
amount of 1) punitive damages, and 2) costs and attorneys' fees
to be determined at a later hearing. The Recommended Order also
granted Complainant back pay and front pay but did not specify
an amount.
A Recommended Order should resolve all disputed issues.
This will enable the Commission to issue a Final Decision[1]
after hearing oral argument and reviewing the Recommended Order,
hearing record, written exceptions, and statements in support.
H.A.R. ss 12-46-53, 54, and 56. In this case, the Recommended
Order reserved certain matters for a subsequent hearing and did
not specify the amount of back pay and front pay. Because of
these remaining issues, the Commission is sua sponte remanding
the case back to the Hearings Examiner for further proceedings
to be held as expeditiously as possible.[2] The parties need
not file any exceptions to the Recommended Order at this time.
In future cases, if after the hearing is closed and further
evidence is necessary to decide unresolved issues, the Hearings
Examiner should reopen the hearing to take further evidence.
H.A.R. s 12-46-49.

DATED: Honolulu, Hawaii June 3, 1999


HARRY YEE
CHAIR

____________________

footnotes:


1. Under the Administrative Procedures Act, a final order
means "'an order ending the proceedings, leaving nothing
further to be accomplished.' Gealon v. Keala, 60 Haw. 513,
520, 591 P.2d 621, 626 (1979). 'Consequently, an order is
not final if the rights of a party involved remain
undermined or if the matter is retained for further
action.' Id." Bocalbos v. Kapiolani Medical Center,
89 Hawai`i 436, 439, 974 P.2d 1026 (1999).


1. The Hearings Examiner will issue a Supplemental Recommended
Order.