Pernis v. Examiner of Drivers

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
27-JUN-2025
07:53 AM
Dkt. 77 SO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI‘I

MARK VAN PERNIS, Appellant-Appellant,
v.
EXAMINER OF DRIVERS, DRIVER LICENSE DIVISION, VEHICLE
REGISTRATION & LICENSING, DEPARTMENT OF FINANCE,
COUNTY OF HAWAI‘I, Appellee-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CASE NO. 3CCV-XX-XXXXXXX)

SUMMARY DISPOSITION ORDER
By: Leonard, Acting Chief Judge, Nakasone and Guidry, JJ.)

This secondary appeal arises from a circuit court
order vacating the suspension of the appellant's driver's
license for mental or physical infirmity under Hawaii Revised
Statutes (HRS) § 286-119 1 due to an inadequate record for review,
and remanding for a new hearing. We affirm.

1 HRS § 286-119(a)(1) (2020) provides for a suspension of a
driver's license by the examiner of drivers without hearing if the examiner
"[h]as reasonable cause to believe that the licensee" is "afflicted with
mental or physical infirmities or disabilities" such that the licensee cannot
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Self-represented Appellant Mark Van Pernis (Van
Pernis) appeals from the (1) March 22, 2023 "Findings of Fact
[(FOFs)], Conclusions of Law, and Order Vacating the Decision
and Order of the Hawaii County Department of Finance Vehicle
Registration and Licensing Division, Dated September 21, 2022,
and Remanding with Instructions" (Order Vacating Suspension);
(2) March 22, 2023 "Judgment on Appeal" (Judgment); and (3) May
30, 2023 "Order Denying [Van Pernis]'s Motion for
Reconsideration of the [Order Vacating Suspension]" (Order
Denying Reconsideration), 2 all filed and entered by the Circuit
Court of the Third Circuit (Circuit Court). 3
On appeal, Van Pernis argues that: the Circuit Court
cannot remand for a "new record"; that the suspension of his
license was improper; and all claims against him should be
dismissed. 4
Upon careful review of the record and the briefs
submitted by the parties and having given due consideration to
the arguments advanced and the issues raised, we resolve Van
Pernis's contentions as follows.

safely operate a motor vehicle. Subsection (b) provides the licensee a right
to a hearing to challenge the suspension. Following the hearing, a person
whose license is suspended may appeal to the circuit court, under HRS § 286-
129.
2 No argument is made regarding the Order Denying Reconsideration.
It is waived. See Hawaiʻi Rules of Appellate Procedure (HRAP) Rule 28(b)(7).
3 The Honorable Wendy M. DeWeese presided.
4 While the Amended Opening Brief does not contain a points of
error section, we are able to discern Van Pernis's contentions. See Erum v.
Llego, 147 Hawaiʻi 368, 380-31, 465 P.3d 815, 827-28 (2020) (affording liberal
review to pleadings by self-represented litigants "to facilitate access to
justice" and to afford opportunity for appellate review (citation omitted)).

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First License Suspension
On April 6, 2021, Hawaiʻi Police Department (HIPD)
Officer Mara Gaertner (Officer Gaertner) filed a "Request for
Revocation of Driver's License Pending Complete Medical
Examination" (First Request). The First Request for license
revocation stated that on April 6, 2021, Van Pernis was involved
in a car accident, where he struck a parked vehicle. When
Officer Gaertner arrived on scene, the officer observed Van
Pernis sitting on a rock wall. As Van Pernis stood up, Officer
Gaertner observed Van Pernis to be "extremely off balance" to
the point that Van Pernis fell down. Van Pernis stated that he
"had suffered a brain injury" and "had a stroke two years ago."
Officer Gaertner noted that Van Pernis had been in four traffic
accidents within the past two years.
On April 21, 2021, Appellee-Appellee Examiner of
Drivers, Driver License Division, Vehicle Registration and
Licensing Department of Finance, County of Hawaiʻi (licensing
examiner) sent a letter to Van Pernis, suspending Van Pernis's
driver's license pursuant to HRS § 286-129 until Van Pernis
obtained a medical report by a neurologist that Van Pernis was
capable of safe driving.
On April 22, 2021, Donald K. Nikaitani, M.D.
(Dr. Nikaitani) deemed Van Pernis "capable of safe driving."
On May 3, 2021, the licensing examiner sent a letter
to Van Pernis, requesting that he also submit a report by a
neurologist.
On May 13, 2021, Van Pernis requested a hearing.
On May 17, 2021, the licensing examiner sent a letter
to Van Pernis that his case was being referred to the Medical
Advisory Board (Medical Board) for their review and
recommendation, and reinstated Van Pernis's driver's license.

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On May 20, 2021, the licensing examiner sent a letter
to Dr. Nikaitani, requesting further clarification on Van
Pernis's brain injury and stroke.
On June 8, 2021, Dr. Nikaitani submitted another
medical report regarding the brain injury and stroke. The
report deemed Van Pernis safe to drive.
On June 15, 2021, Van Pernis sent an email to the
licensing examiner, that he never suffered from a stroke or
brain injury, and that Dr. Nikaitani's original medical report
was correct. That same day, the licensing examiner requested
the Medical Board to advise of the medical fitness of Van
Pernis.
Second License Suspension
While the First Request for license revocation was
pending, on February 4, 2022, HIPD Officer Miexia Ahloy (Officer
Ahloy) filed a "Request for Revocation of Driver's License
Pending Complete Medical Examination" (Second Request). The
Second Request for license revocation stated that Van Pernis
struck the rear bumper of another car while backing out of a
parking stall. Upon arrival, Officer Ahloy observed that Van
Pernis had "slurred speech" and was "unsteady." Officer Ahloy
performed a Standardized Field Sobriety Test on Van Pernis,
during which Van Pernis alerted Officer Ahloy that he had "an
inoperable brain condition." Officer Ahloy determined that Van
Pernis suffered from a health condition and that he "was not
safe to operate a vehicle on a public roadway."
On February 14, 2022, the licensing examiner sent
another letter to Van Pernis, indicating that his license was
suspended and requesting that he submit a favorable medical
report that he was capable of safe driving.

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On March 15, 2022, Dr. Nikaitani submitted another
medical report. The report deemed Van Pernis safe for driving.
On March 31, 2022, Van Pernis was notified that his
case was being referred to the Medical Board. Van Pernis's
medical reports, traffic abstract, and Officer Ah Loy and
Officer Gaertner's requests were sent to the Medical Board.
On April 13, 2022, the licensing examiner sent a
letter to Van Pernis, in which the Medical Board requested Van
Pernis retake the road test administered by a driver
rehabilitation specialist, and that it would review the results
and make a determination on the suspension of his license.
Hearing
Pursuant to Van Pernis's request, a contested case
hearing was set for July 1, 2022 regarding the suspension of Van
Pernis's driver's license. At the hearing, Van Pernis argued,
inter alia, that there was no reasonable cause to revoke his
license, and that his doctor indicated that he could safely
operate a vehicle.
On September 21, 2022, the licensing examiner filed
its "Findings of Fact, Conclusions of Law and Decision and
Order" (Order of Suspension), which found that: Van Pernis
never received a medical report from a neurologist; there was
reasonable cause to suspend Van Pernis's license after two
communications from police officers that Van Pernis could not
safely operate a motor vehicle; and Van Pernis never took a road
test administered by a driver rehabilitation specialist. The
Order of Suspension suspended Van Pernis's license; required Van
Pernis to take a road test with a driver rehabilitation
specialist; and stated that the licensing examiner would review
the results of the road test.

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Appeal to the Circuit Court
Van Pernis appealed the Order of Suspension to the
Circuit Court. The Circuit Court reviewed Van Pernis's appeal
under HRS § 91-14(g). Following a hearing, the Circuit Court
filed its March 22, 2023 Order Vacating Suspension and remanded
the case back to the licensing examiner for a new hearing. The
Order Vacating Suspension explained that there was an inadequate
record of the July 1, 2022 contested case hearing due to no
transcript, and insufficient findings by the licensing examiner
for the Circuit Court to conduct its review. The Circuit Court
entered the March 22, 2023 Judgment and denied Van Pernis's
subsequent March 31, 2023 motion for reconsideration on May 30,
2023. Van Pernis timely appealed.
Van Pernis's primary challenge in this appeal is that
remand is improper and the proceedings against him should be
dismissed. Van Pernis also argues that "estoppel," "double
jeopardy," and "due process" "prevent[] the remand."
Van Pernis's reliance on Yamada v. Nat. Disaster
Claims Comm'n, 54 Haw. 621, 513 P.2d 1001 (1973), abrogated
by Morgan v. Plan. Dep't, Cnty. of Kauai, 104 Hawaiʻi 173, 86
P.3d 982 (2004), is misplaced because Yamada is inapposite.
Yamada concerned whether an administrative commission could
reconsider its prior decision on its own, and did not involve
the exercise of an affected individual's statutory right to
judicial review. See HRS §§ 286-119(b) and 286-129.
HRS § 91-14(g), regarding "[j]udicial review of
contested cases," provides that: "Upon review of the record,
the court may affirm the decision of the agency or remand the
case with instructions for further proceedings"; or "it may
reverse or modify the decision and order" if the agency's
decision violated any of the grounds set forth in (g)(1) through

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(g)(6). (Emphasis added.) The Circuit Court was authorized to
vacate the licensing examiner's decision and order a remand for
a new hearing to be conducted. Van Pernis's various arguments
that remand was improper lack merit.
In light of our resolution, we need not address Van
Pernis's challenge to certain FOFs in the Circuit Court's Order
Vacating Suspension and arguments regarding the evidence before
the Medical Board.
For the foregoing reasons, we affirm the (1) March 22,
2023 Order Vacating Suspension; (2) March 22, 2023 Judgment; and
(3) May 30, 2023 Order Denying Reconsideration, all filed and
entered by the Circuit Court of the Third Circuit.
DATED: Honolulu, Hawai‘i, June 27, 2025.
On the briefs:
/s/ Katherine G. Leonard
Mark Van Pernis,
Acting Chief Judge
Self-represented Appellant-
Appellant.
/s/ Karen T. Nakasone
Associate Judge
Ryan K. Thomas,
Deputy Corporation Counsel,
/s/ Kimberly T. Guidry
for Appellee-Appellee.
Associate Judge

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