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Freitas v. Administrative Director of the Courts6/16/2004
FOR PUBLICATION
We hold that (1) Petitioner-appellant Darcy Freitas (Freitas) may not assert a right of public access to the Administrative Driver's License Revocation Office (ADLRO) on behalf of an anonymous woman who refused to comply with the request that she sign in and provide identification before being permitted entry, (2) because ADLRO hearings are quasi-judicial administrative hearings, due process requires that the hearings be public, and (3) Freitas was entitled to a hearing on his objections to the ADLRO sign-in and identification procedure limiting public access to his hearing. Based on the foregoing, we remand the case to the ADLRO temporarily to afford Freitas a hearing on his aforesaid objections.
I.
On January 16, 2002, Freitas was arrested for driving under the influence of an intoxicating liquor (DUI). On January 17, 2002, he was issued a notice of license revocation for DUI. On January 23, 2002, Freitas's driver's license revocation was sustained by a review officer of the ADLRO. On January 30, 2002, Freitas requested a hearing. Just before the hearing on March 8, 2002, Freitas alleges that a woman entered the ADLRO office and asked to attend his hearing. The receptionist told the woman that the woman would have to show identification and sign in or she would not be permitted to attend the hearing. The woman refused to either identify herself or sign in and, thus, was refused entry.
II.
When the hearing began, Freitas's counsel asked to call the ADLRO receptionist to testify about the incident involving the woman. The hearing officer denied this request and counsel's request to subpoena the Chief Adjudicator to testify about the identification procedure. The hearing officer did not permit a hearing on this matter, but accepted the representations of counsel as to what was said by the woman to the receptionist as "part of the record."
The hearing officer sustained the revocation of Freitas's driver's license pursuant to Hawaii Revised Statutes (HRS) § 291E-38(e) (Supp. 2001), in a written decision dated March 13, 2002. Freitas appealed to the district court of the first circuit. On August 13, 2002, the court affirmed the hearing officer by a written decision.
A separate judgment filed on the same day stated that, " ursuant to the Decision and Order Affirming Administrative Revocation entered herein on August 13, 2002, Administrative Revocation is affirmed."
III.
On appeal, Freitas essentially argues inter alia that the court erred in impliedly ruling that Freitas's state and federal constitutional rights to a public hearing were not violated with respect to (1) his right to a hearing on the ADLRO restrictions on public access, and (2) public access to his ADLRO hearing.
IV.
"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 decision." Soderlund v. Admin. Dir. of the Courts, State of Hawaii, 96 Hawaii 114, 118, 26 P.3d 1214, 1218 (2001) (internal quotation marks, citations, and brackets omitted) (vacating and remanding the district court's amended decision affirming the revocation of motorist's driver's license for driving under the influence of alcohol). HRS § 291E-40 (Supp. 2002) governs judicial review by the district court of an administrative revocation of a driver's license by the Director.
V.
Freitas argues that the federal and Hawaii state constitutions guarantee public access to ADLRO hearings and where restrictions are imposed on suc
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