Fears v. Administrative Director of the Courts

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
30-MAY-2025
08:01 AM
Dkt. 40 MO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

WILLIAM D.A. FEARS, Petitioner-Appellant,
v.
ADMINISTRATIVE DIRECTOR OF THE COURTS,
STATE OF HAWAI#I, Respondent-Appellee

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
NORTH AND SOUTH KONA DIVISION
(CASE NO. 3DSD-XX-XXXXXXX)

MEMORANDUM OPINION
(By: Wadsworth, Presiding Judge, and Nakasone and McCullen, JJ.)

Petitioner-Appellant William D.A. Fears (Fears) appeals
from the Findings of Fact, Conclusions of Law, Decision and Order
Affirming Administrative Revocation and Dismissing Appeal
(Decision and Order), entered on August 3, 2022, in the District
Court of the Third Circuit, North and South Kona Division
(District Court).1/ The Decision and Order affirmed the decision
of Respondent-Appellee Administrative Director of the Courts
(Director), which in turn affirmed the decision of the
Administrative Driver's License Revocation Office (ADLRO)
revoking Fears's driver's license for a two-year period.
For the reasons explained below, we reverse.

I. Background

On August 2, 2020, Fears was arrested for Operating a
Vehicle Under the Influence of an Intoxicant (OVUII), pursuant to

1/
The Honorable Jill M. Hasegawa presided.
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Hawaii Revised Statutes (HRS) § 291E-61(a)(1) (Supp. 2019). The
arresting officer issued a Notice of Administrative Revocation of
Fears's driver's license.
On August 6, 2020, the ADLRO issued a Notice of
Administrative Review Decision, which sustained the revocation of
Fears's license for a two-year period from September 2, 2020, to
September 1, 2022. The same day, Fears made a timely Request for
an administrative hearing to dispute the revocation.
The ADLRO scheduled the administrative hearing for
August 20, 2020, to be held telephonically due to the COVID-19
pandemic. From August 20, 2020, through March 18, 2021, the
ADLRO scheduled four telephonic hearings, all of which were
continued when Fears objected to participating in a telephonic
hearing and requested an in-person hearing on Hawai#i Island.
On March 18, 2021, the hearing was continued to May 24, 2021.
On April 20, 2021, the ADLRO's Chief Adjudicator
emailed Fears's counsel and others, informing them that "[t]he
ADLRO will reopen on May 3, 2021[,]" and "[e]ffective May 3,
2021, all hearings will be conducted by Zoom . . . ." The email
recipients were further informed that "[i]f you request an in-
person hearing, you must provide a reason why a Zoom hearing
would be inadequate[,]" and "[a]ll requests will be reviewed by
your Hearing Officer."
On April 21, 2021, Fears's counsel "object[ed] to ADLRO
hearings being conducted via video and request[ed] 'in person'
hearings for all cases unless otherwise specified by our office."
As to Fears, from May 24, 2021, through January 19,
2022, the ADLRO scheduled five hearings to be held via Zoom, all
of which were continued when Fears objected to participating in a
Zoom hearing and requested an in-person hearing on Hawai#i
Island. On January 19, 2022, the hearing was continued to
February 24, 2022.
On February 23, 2022, Fears filed a Motion to Rescind
License Revocation for Failure to Conduct an Expeditious Hearing.
He argued, among other things, that the use of Zoom and
telephonic hearings deprived him of his due process rights.

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On February 24, 2022, the hearing was held via Zoom as
previously scheduled. Fears's motion to rescind was denied, and
the ADLRO hearing officer proceeded with the hearing. Fears
declined to participate in the hearing. He stated his "position
that the Zoom hearings are illegal[,]" and "ask[ed] that the
matter be concluded today so that we could . . . appeal the
items." Fears further stated, "[W]e're not submitting that the
revocation is appropriate here in any way." The hearing officer
concluded the hearing and took the matter under advisement.
On March 2, 2022, the Director, through the hearing
officer, issued a Notice of Administrative Hearing Decision,
which affirmed the ADLRO's August 6, 2020 Notice of
Administrative Review Decision and amended the revocation end
date to March 18, 2023.2/ The hearing officer's Decision (ADLRO
Decision) was also issued on March 2, 2022. The hearing officer
concluded in relevant part that "[t]he intent of HRS § [2]91E-
38(b)3/ was to assure Respondent's ability to attend a hearing 'as
close to the location where the notice of administrative
revocation was issued as practical[.]'" (Footnote added.) The

2/
The revocation end date was so amended to reflect the extension of
Fears's temporary driver's permit from September 2, 2020, to March 18, 2021.
Although the revocation end date was March 18, 2023, the "capable of
repetition, yet evading review" exception to the mootness doctrine applies to
this appeal. See Slupecki v. Admin. Dir. of the Courts, 110 Hawai #i 407, 409
n.4, 133 P.3d 1199, 1201 n.4 (2006).
3/
HRS § 291E-38 (Supp. 2019) provides, in relevant part:
Administrative hearing; procedure; decision. (a) If the
director administratively revokes the respondent's license
and privilege to operate a vehicle after the administrative
review, the respondent may request an administrative hearing
to review the decision within six days of the date the
administrative review decision is mailed. If the request
for hearing is received by the director within six days of
the date the decision is mailed, the hearing shall be
scheduled to commence no later than:
(1) Twenty-five days from the date the notice of
administrative revocation was issued in a case
involving an alcohol related offense[.]
. . . .

The director may continue the hearing only as provided in
subsection (j).

(b) The hearing shall be held at a place designated by
the director, as close to the location where the notice of
administrative revocation was issued as practical.

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hearing officer reasoned:

The plain language of the statute makes no mention of
whether the hearing need be in person, telephonic, or by
Zoom. In fact, a Zoom hearing clearly satisfies the plain
meaning of the statute, as it is held at a place as close to
the location where the notice of administrative revocation
was issued. Most often, a Zoom hearing is held in the
Respondent's home in the county where the administrative
revocation was issued. The statute does not account for the
fact that the hearing can actually take place in multiple
locations due to the advancement of technology. During the
COVID pandemic, Zoom hearings became more than just what was
deemed "practical"; Zoom hearings became a vital necessity
to protect the health and safety of all parties.

The hearing officer further determined that there was reasonable
suspicion to stop Fears, there was probable cause to arrest him,
and "[t]he evidence prove[d] by a preponderance" that Fears
operated a vehicle under the influence of an intoxicant.
On March 22, 2022, Fears filed a Petition for Judicial
Review (Petition) in the District Court, requesting that the
court reverse the ADLRO Decision. Fears contended that "(1) the
ADLRO did not have the authority to conduct hearings via
telephone or other electronic means, (2) even if the ADLRO did
have authority to conduct hearings via telephone or other
electronic means, those procedures d[id] not satisfy due process,
and (3) the ADLRO did not have good cause to support nine
continuances, thereby denying [Fears] an expeditious hearing."
The District Court heard the Petition on May 3, 2022,
and entered the Decision and Order on August 3, 2022. In
affirming the ADLRO Decision, the court concluded in part:

4. HRS § 291E-38 grants [the Director] the
authority to designate a location that is a[s] close as
practical to the location where the notice of administrative
revocation was issued.
5. Under the circumstances present in this case,
Zoom hearings were practical during the majority of time
that Petitioner's case was pending.

6. [The Director] did not violate [Fears's] due
process rights by holding a Zoom, rather than in-person,
hearing.

7. By interpreting HRS § 291E-38's provisions to
allow Zoom, rather than in-person, hearings during the
COVID-19 Pandemic:

a. [The Director] did not exceed
constitutional or statutory authority;

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b. [The Director] did not erroneously
interpret the law;
c. [The Director] did not act in an arbitrary
or capricious manner;

d. [The Director] did not commit an abuse of
discretion; and
e. [The Director] did not make a
determination that was unsupported by the
evidence in the record.

The District Court further concluded that "[Fears] waived any
argument or objection that could have been raised regarding the
existence of facts sufficient to support the conclusion that
[Fears] committed OVUII[.]"
This secondary appeal followed. Fears contends that
the District Court erred: (1) "in holding that the ADLRO had the
authority to conduct administrative revocation hearings via
Zoom"; and (2) in affirming the revocation of Fears's license,
"where the ADLRO violated his right to an expeditious hearing."

II. Discussion

Our review of the District Court's Decision and Order
is a secondary appeal; we must determine whether the District
Court was right or wrong in its review of the ADLRO Decision.
Wolcott v. Admin. Dir. of the Courts, 148 Hawai#i 407, 413, 477
P.3d 847, 853 (2020) (quoting Freitas v. Admin. Dir. of the
Courts, 108 Hawai#i 31, 43, 116 P.3d 673, 685 (2005)). In turn,
"HRS § 291E–404/ governs judicial review by the district court of

4/
HRS § 291E–40 (2007) provides, in relevant part:
(c) The sole issues before the court shall be
whether the director:
(1) Exceeded constitutional or statutory authority;
(2) Erroneously interpreted the law;

(3) Acted in an arbitrary or capricious manner;
(4) Committed an abuse of discretion; or

(5) Made a determination that was unsupported by the
evidence in the record.

(d) The court shall not remand the matter back to
the director for further proceedings consistent with its
order.

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an administrative revocation of a driver's license by the
Director." Id. (bracketed material omitted; footnote number
altered) (quoting Freitas, 108 Hawai#i at 43, 116 P.3d at 685).
As to Fears's first point of error, he argues that the
District Court erred in affirming the ADLRO Decision under HRS
§ 291E-40, where the ADLRO had no authority to conduct
administrative revocation hearings via Zoom and "did so in
derogation of Fears's [constitutional] right to due process."
Relatedly, Fears contends that he had "a due process right to an
in-person hearing on his license revocation[.]"
Fears's statutory argument — that HRS § 291E-38 did not
authorize the ADLRO to conduct the February 24, 2022 hearing via
Zoom — is dispositive. "The interpretation of a statue is a
question of law that this court reviews de novo." Farmer v.
Admin. Dir. of the Courts, 94 Hawai#i 232, 236, 11 P.3d 457, 461
(2000) (citing Konno v. Cnty. of Hawai#i, 85 Hawai#i 61, 71, 937
P.2d 397, 407 (1997)).

Moreover, where the language of the statute is plain and
unambiguous, our only duty is to give effect to its plain
and obvious meaning. When construing a statute, our
foremost obligation is to ascertain and give effect to the
intention of the legislature, which is to be obtained
primarily from the language contained in the statute itself.
And we must read statutory language in the context of the
entire statute and construe it in a manner consistent with
its purpose.

Id. (quoting Konno, 85 Hawai#i at 71, 937 P.2d at 407).
HRS § 291E-38(b) provides that the administrative
hearing to review the director's revocation of a driver's license
"shall be held at a place designated by the director, as close to
the location where the notice of administrative revocation was
issued as practical." Because HRS chapter 291E does not define
"place" or "location," we turn to their common definitions. See
HRS § 1-14; Wells Fargo Bank, N.A. v. Omiya, 142 Hawai#i 439,
449–50, 420 P.3d 370, 380–81 (2018). Merriam-Webster provides
multiple definitions of "place," the first and seemingly most
relevant being "physical environment: SPACE." Place, Merriam-
Webster Online Dictionary, https://www.merriam-webster.com/
dictionary/place. "Location" is defined in the first instance as
"a position or site occupied or available for occupancy or marked

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by some distinguishing feature: SITUATION." Location, Merriam-
Webster Online Dictionary, https://www.merriam-webster.com/
dictionary/location. In context with the term "location," the
term "place" in HRS § 291E-38(b) refers to a physical space or
site, meaning that the administrative review hearing must be held
at a physical space or site designated by the director, "as close
to the [site] where the notice of administrative revocation was
issued as practical." Thus, the plain language of HRS § 291E-
38(b) does not authorize the director to designate the place of
an administrative review hearing as two or more remote locations
connected via videoconference or other electronic means.5/
The Director, relying on the phrase "as practical,"
argues that "[t]he location requirement is not one of absolutes,
but of practicality." Practicality is not a substitute for
statutory authorization. Here, the operative terms of HRS §
291E-38(b) contemplate a physical space or site for the
administrative review hearing. The Director further
argues that the legislature amended HRS § 291E-38(b) as recently
as 2021, but chose not to add a requirement that all hearings be
conducted in-person. This fact actually works against the
Director's position, given the plain language of the existing
statute. See supra note 3.
That said, during a defined period of the COVID-19
pandemic, the Governor suspended certain laws pursuant to
statutory authority. As relevant here, on April 25, 2020, the

5/
Indeed, the ADLRO hearing officer appeared to acknowledge this
plain language reading of the statute, as follows: "The statute does not
account for the fact that the hearing can actually take place in multiple
locations due to the advancement of technology."

Had the legislature intended, it could have expressly provided for
such hearings to be held via videoconference or other electronic means. See,
e.g., Lanai Co. v. Land Use Comm'n, 105 Hawai #i 296, 318, 97 P.3d 372, 394
(2004) ("If the legislature intended to grant the LUC enforcement powers, it
could have expressly provided the LUC with such power."); Morgan v. Plan.
Dep't, Cnty. of Kauai, 104 Hawai#i 173, 188, 86 P.3d 982, 997 (2004) (ruling
that if the legislature had intended to grant the commission injunctive
powers, it would have done so expressly). For example, HRS § 291E-38(g)
expressly gives the director discretion to allow certain witnesses who cannot
appear at the administrative review hearing to testify by telephone. See HRS
§ 291E-38(g) ("If the officer or other person cannot appear, the officer or
other person at the discretion of the director, may testify by telephone.")
No similar provision permits the director to designate the place of the
hearing as multiple locations connected via videoconference or other
electronic means.

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Governor issued the Sixth Supplementary Proclamation Amending and
Restating Prior Proclamations and Executive Orders Related to the
COVID-19 Emergency (Sixth Supplementary Proclamation), which
suspended HRS chapter 91, administrative procedure, and further
stated:

Administrative hearings not subject to Chapter 91, 6/ to the
extent necessary such that, at the sole discretion of the
department o[r] agency, any such hearing may be conducted by
telephone or video conference without the parties,
department, or agency, being physically present in the same
location; any deadlines may be waived or suspended; and any
hearing procedures, such as, but not limited to,
conferences, filing of documents, or service, may be done
via telephone or email.

Sixth Supplementary Proclamation 17, (footnote added), https://
dod.hawaii.gov/hiema/sixth-supplementary-proclamation/; see
Kernan v. Tanaka, 75 Haw. 1, 28 n.15, 856 P.2d 1207, 1221 n.15
(1993) (describing ADLRO as an "administrative agency"). The
above quoted language was restated periodically through the
issuance of the Governor's Twenty-First Proclamation Related to
the COVID-19 Emergency (Twenty-First Proclamation), dated June 7,
2021. Twenty-First Proclamation, https://governorige.hawaii.gov/
gov/wp-content/uploads/2021/06/2106080-ATG_21st-Emergency-Proclam
ation-for-COVID-19-distribution-signed.pdf. The Twenty-First
Proclamation remained in effect through August 6, 2021. Id. at
35. Thus, it appears that ADLRO hearings conducted by video
conference, i.e., Zoom, during the period from April 25, 2020,
through August 6, 2021, were authorized pursuant to the
Governor's applicable emergency proclamations.
Here, however, neither the Governor's emergency
proclamations nor HRS § 291E-38 authorized the ADLRO to conduct
the February 24, 2022 administrative review hearing in multiple
locations via Zoom, when Fears objected to this procedure. The
Director therefore erred in concluding that the ADLRO was
authorized to conduct the February 24, 2022 hearing via Zoom.

6/
ADLRO hearings are not subject to HRS chapter 91. See HRS § 291E-
43 (2007) ("Neither the administrative review nor the administrative hearing
provided under this part shall be subject to the contested case requirements
of chapter 91.").

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We need not address Fears's other arguments regarding
the deficiencies of the ADLRO Decision and the District Court's
Decision and Order. See Villarreal v. Admin. Dir. of the Courts,
No. CAAP-XX-XXXXXXX, 2021 WL 1986560, at *3 (Haw. App. May 18,
2021) (SDO) (reversing a district court order affirming the
administrative revocation of a driver's license where the ADLRO
hearing officer exceeded statutory authority and erroneously
interpreted the law).
For the reasons discussed above, the Findings of Fact,
Conclusions of Law, Decision and Order Affirming Administrative
Revocation and Dismissing Appeal, entered on August 3, 2022, in
the District Court of the Third Circuit, North and South Kona
Division, is reversed.

DATED: Honolulu, Hawai#i, May 30, 2025.

On the briefs:

Alen M. Kaneshiro /s/ Clyde J. Wadsworth
for Petitioner-Appellant. Presiding Judge

Christopher J.I. Leong,
Deputy Attorney General, /s/ Karen T. Nakasone
for Respondent-Appellee. Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

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