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FOR PUBLICATION ______________________________________________________________________________ IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I ---o0o--IN THE MATTER OF DIRECTOR, DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, Complainant-Appellant, v. KIEWIT PACIFIC COMPANY, Respondent-Appellee NO. 24226 APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIV. NO. 00-1-1957) JANUARY 8, 2004 BURNS, C. J., WATANABE AND LIM, JJ. OPINION OF THE COURT BY LIM, J. In this secondary appeal, Complainant-Appellant Director of Labor and Industrial Relations (the Director) appeals the April 3, 2001 final judgment and the underlying February 26, 2001 decision and order of the circuit court of the first circuit.1 The circuit court's judgment and order together

affirmed the May 23, 2000 decision and order of the Labor and Industrial Relations Appeals Board (LIRAB). The LIRAB's decision

and order, in turn, "reversed and vacated" the citation issued to Respondent-Appellee Kiewit Pacific Company (Kiewit) by the Director's Hawai#i Occupational Safety and Health Division (HIOSH) for violating 29 Code of Federal Regulations (C.F.R.)

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The Honorable Eden Elizabeth Hifo, judge presiding.

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FOR PUBLICATION ______________________________________________________________________________

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Hawaii Law