IN THE INTERMEDIATE COURT OF APPEALS



OF THE STATE OF HAWAI`I





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JOSEPH ALEJADO, Plaintiff-Appellant, v.

CITY & COUNTY OF HONOLULU and CITY AND COUNTY

OF HONOLULU POLICE COMMISSION, Defendants-Appellees





NO. 21166





MOTION FOR RECONSIDERATION

AND ORDER OF AMENDMENT



(S.P. NO. 97-0054)





JANUARY 15, 1999





BURNS, C.J., KIRIMITSU, J., AND CIRCUIT JUDGE LIM

IN PLACE OF ACOBA, J., RECUSED





Defendants-Appellees City and County of Honolulu and City & County of Honolulu Police Commission's (the Commission) Motion for Reconsideration filed on December 4, 1998 is hereby granted in part, and the opinion of the court filed on November 24, 1998 is hereby amended as follows:

1. The second full paragraph on page 7 is amended to read:

"HRS §§ 91-9 to -13 (1993) set forth the procedures to be afforded parties in a "contested case" including: (1) reasonable notice; (2) the opportunity to present evidence and argument; (3) an agency decision on the record; (4) rules of evidence, including, where oral evidence is received by the agency, the right to cross-examine and the right to submit rebuttal evidence; (5) a written decision accompanied by findings of fact and conclusions of law; and (6) a prohibition against ex parte communications."

2. The third sentence in the first full paragraph on page 21 is amended to read: "Although the Commission gave Appellant reasonable notice of the rehearing and the opportunity to present some evidence and argument, it did not provide him with (1) an agency decision on the record or (2) a written decision accompanied by findings of fact and conclusions of law."

The Clerk of the Court is directed to incorporate the foregoing changes in the original opinion.

Defendants-Appellees' Motion for Reconsideration is denied in all other respects.



Chris A. Diebling, Deputy

Corporation Counsel, City

and County of Honolulu,

on the motion for defendants-

appellees.