NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER




NO. 28151




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I







In the Matter of BANYAN BICYCLE TOURS
to Answer a Complaint and Summons Regarding
an Alleged Violation of the State Motor Carrier Law






APPEAL FROM THE PUBLIC UTILITIES COMMISSION
(Citation No. 0309)





ORDER DENYING THE DECEMBER 12, 2006
MOTION FOR RECONSIDERATION
(By: Burns, C.J., Watanabe and Lim, JJ.)

Upon review of (1) the December 8, 2006 order dismissing this appeal for lack of jurisdiction, (2) Michael P. Brandon's letter filed December 12, 2006, which we deem to be a motion to reconsider the December 8, 2006 order dismissing this appeal pursuant to Rule 40 of the Hawai`i Rules of Appellate Procedure (HRAP), and (3) the record,

IT IS HEREBY ORDERED that the December 12, 2006 motion to reconsider the December 8, 2006 order dismissing this appeal pursuant to HRAP Rule 40 is denied.

DATED: Honolulu, Hawai`i, December 19, 2006.