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***FOR PUBLICATION IN WEST'S HAWAI # I REPORTS AND PACIFIC REPORTER***

Electronically Filed Supreme Court SCWC-29742 11-MAY-2012 11:29 AM

IN THE SUPREME COURT OF THE STATE OF HAWAI#I ---o0o--ALAKA#I NA KEIKI, INC., Petitioner/Plaintiff-Appellant, vs. KATHRYN MATAYOSHI,1 in her official capacity as Superintendent of Education, Respondent/Defendant-Appellee. NO. SCWC-29742 CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. 29742; CIV. NO. 05-1-1658) May 11, 2012 ACOBA, DUFFY, AND MCKENNA, JJ.; WITH RECKTENWALD, C.J., CONCURRING AND DISSENTING, WITH WHOM NAKAYAMA, J., JOINS OPINION OF THE COURT BY ACOBA, J. We hold that decisions of administrative officers of the State of Hawai#i Department of Education (the DOE), headed by

1 Pursuant to Hawai #i Rules of Appellate Procedure (HRAP) Rule 43(c)(1), Kathryn Matayoshi, the current Superintendent of Education, has been substituted for Patricia Hamamoto, the Superintendent of Education at the time this case was decided by the circuit court of the first circuit.

***FOR PUBLICATION IN WEST'S HAWAI # I REPORTS AND PACIFIC REPORTER***

Respondent/Defendant-Appellant Kathryn Matayoshi, (Respondent),2 to reject the proposal of Petitioner/Plaintiff-Appellant Alaka#i Na Keiki, Inc. (Petitioner) that responded to a request for proposals (RFP) to provide health and human services under contracts pursuant to Hawai#i Revised Statutes (HRS) chapter 103F, are subject to judicial review under the circumstances of this case. In so holding, we conclude first that, as construed,

HRS chapter 103F is not unconstitutional for violating the doctrine of separation of powers as Petitioner contends, because although the DOE, in interpreting and applying provisions of HRS chapter 103F and in deciding disputes to which it is a party, exercises aspects of the judicial power, its decisions are subject to judicial review under the declaratory judgment statute, HRS

Download Akaka‘i Na Keiki, Inc. v. Matayoshi.  Opinion by J. Recktenwald Concurring in Pa

Hawaii Law