(a) If the department director refuses to file a document delivered for filing to the department director‘s office, the domestic or foreign corporation may within thirty days after the return of the document appeal the refusal to the circuit court. The appeal shall be commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the department director’s explanation of the refusal to file.
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Terms Used In Hawaii Revised Statutes 414D-9

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Department: means the department of commerce and consumer affairs, unless the context otherwise requires. See Hawaii Revised Statutes 414D-14
  • Department director: means the director of the department of commerce and consumer affairs, unless the context otherwise requires. See Hawaii Revised Statutes 414D-14
  • filing: means filed in the office of the department director. See Hawaii Revised Statutes 414D-14
(b) The court may summarily order the department director to file the document or take other action the court considers appropriate.
(c) The court’s final decision may be appealed as in other civil proceedings.

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