No. SCWC-28762, Thursday, January 17, 2013, 11 a.m.

DISTRICT COUNCIL 50, OF THE INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES and ALOHA GLASS SALES & SERVICE, INC., Petitioners/Plaintiffs-Appellants, vs. KEALIʻI S. LOPEZ, in her capacity as Director, Department of Commerce & Consumer Affairs, Respondent/Defendant-Appellee.

The above-captioned case has been set for argument on the merits at:

Supreme Court Courtroom
Ali`iolani Hale
417 South King Street
Honolulu, HI 96813

Attorneys for Petitioners/Plaintiffs-Appellants:

Michael A. Lilly and Valerie M. Kato of Ning, Lilly & Jones

Attorneys for Respondent/Defendant-Appellee:

Lei S. Fukumura, Special Deputy Attorney General; Deborah Day Emerson and Rodney J. Tam, Deputy Attorneys General

NOTE: Certificate of recusal, by Chief Justice Mark E. Recktenwald, filed 10/26/12.

NOTE: Certificate of recusal, by Justice Richard W. Pollack, filed 11/05/12.

NOTE: Order assigning Circuit Court Judges Glenn J. Kim and Karl K. Sakamoto, in place of Recktenwald, recused, and Pollack, recused, respectively, filed 11/13/12.

NOTE: Certificate of recusal, by Associate Justice Simeon R. Acoba, Jr., Filed 11/20/12.

NOTE: Order assigning Circuit Court Judge Faʻauuga To`oto`o, in place of Acoba, recused, filed 11/28/12.

NOTE: Order accepting Application for Writ of Certiorari, filed 12/03/12.

COURT: PAN, Acting CJ; SSM, J; Circuit Court Judges Glenn J. Kim and Karl K. Sakamoto, in place of Recktenwald, recused, and Pollack, recused, respectively; and Circuit Court Judge Faʻauuga To`oto`o, in place of Acoba, recused.

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Brief Description:

Petitioners/Plaintiffs-Appellants, District Council 50 of the International Union of Painters and Allied Trades and Aloha Glass Sales & Service, Inc., filed an application for writ of certiorari to review the August 22, 2012 Judgment on Appeal of the Intermediate Court of Appeals (“ICA”), entered pursuant to its July 26, 2012 Memorandum Opinion. The ICA’s judgment affirmed the Circuit Court of the First Circuit’s (circuit court) judgment in favor of Respondent/Defendant-Appellee Kealiʻi S. Lopez, in her capacity as director of the Department of Commerce & Consumer Affairs. The circuit court affirmed the Department of Commerce and Consumer Affairs Contractors License Board’s (“Board”)finding that a B general building contractor may complete work falling within the C-22 specialty glazing and tinting license under the incidental and supplemental provisions of its automatic C-5 specialty remodeling and repairing license. This case arose from the State of Hawaii’s renovation project at Lanakila Elementary School, which included, in part, the installation of aluminum jalousie windows.

In their application, Petitioners argue that the ICA gravely erred in affirming the Board’s decision because: (1) the Board’s decision was inconsistent with this court’s opinion in Okada Trucking Co. v. Bd. of Water Supply, 97 Hawai`i 450, 40 P.3d 73 (2002); and (2) the Board’s interpretation of the terms “incidental and supplemental” was clearly erroneous, contrary to law, arbitrary and capricious, and inconsistent with the legislature’s underlying purpose.