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Application of Hawaii Elec. Light Co., Inc.,60 Haw.625 (1979)
<br /> 594 P.2d 612
<br /> (g)Upon review of the record the court may affirm the decision of the agency or remand the case with instructions for further
<br /> proceedings;or it may reverse or modify the decision and order if the substantial rights of the *629 petitioners may have been
<br /> prejudiced because the administrative findings,conclusions,decisions,or orders are:
<br /> (1)In violation of constitutional or statutory provisions;or
<br /> (2)In excess of the statutory authority or jurisdiction of the agency;or
<br /> (3)Made upon unlawful procedure;or
<br /> (4)Affected by other error of law;or
<br /> (5)Clearly erroneous in view of the reliable,probative,and substantial evidence on the whole record;or
<br /> (6)Arbitrary,or capricious,or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
<br /> This court has articulated various descriptions of its role in reviewing the determinations of administrative tribunals.In In re
<br /> Application of Kauai Electric Division,60 Haw. 166,590 P.2d 524(1978),and in W De Victoria v.H&K Contractors,56 Haw.
<br /> 552, 558,545 P.2d 692,697(1976),we explained that administrative decisions are measured against the clearly erroneous test,
<br /> **617 viz.,"whether the appellate court is left with a firm and definite conviction that a mistake has been made."In DeFries
<br /> v.Association of Owners,57 Haw.296,303,555 P.2d 855,859(1976),we explained that this standard gives an appellate court
<br /> greater leeway in exercising its functions and that although there is evidence to support an agency finding,if the court is left
<br /> with a firm and definite conviction that a mistake has been made, the court will, under the clearly erroneous rule, reject the
<br /> tribunal's findings. See Wright and Miller,Federal Practice and Procedure: Civil s 2585(1971);2 Cooper, State Administrative
<br /> Law 744-746 (1965);K.Davis,Administrative Law s 29.02(3d Ed. 1972).
<br /> It is the Commission that is authorized to fix"just and reasonable" rates to be charged by public utilities, IIIIHRS s 269-16
<br /> (1976), and a reviewing court is not empowered to examine the case De novo. See 141Mechanic Falls Water Co. v. Public
<br /> Utilities Commission,381 A.2d 1080(Me.1977);FM*630 Davenport Water Co.v.Iowa State Commerce Commission,Iowa,
<br /> 190 N.W.2d 583(1971).In order to preserve the function of administrative agencies in discharging their delegated duties and the
<br /> function of this court in reviewing agency determinations,a presumption of validity is accorded to decisions of administrative
<br /> bodies acting within their sphere of expertise and one seeking to upset the order bears"the heavy burden of making a convincing
<br /> showing that it is invalid because it is unjust and unreasonable in its consequences." Federal Power Commission v. Hope
<br /> Natural Gas Co.,320 U.S. 591,602,64 S.Ct. 281,288, 88 L.Ed. 333 (1944),Quoted in PI In re Application of Kauai Electric
<br /> Division, supra, 60 Haw. at--, 590 P.2d at 538; Savannah Electric and Power Co. v. Georgia Public Service Commission,
<br /> 239 Ga. 156, 236 S.E.2d 87 (1977); Louisiana Power&Light Co. v. Louisiana Public Service Commission, La., 343 So.2d
<br /> 1040 (1977); Alabama Gas Corp. v. Wallace, 293 Ala. 594, 308 So.2d 674 (1975). An agency's findings, if supported by
<br /> reliable,probative and substantial evidence,willbe upheld.IHRS s 91-14(g)(1976);See City of Milford v.Illinois Commerce
<br /> Commission, 45 Ill.App.3d 733, 4 Ill.Dec. 191, 359 N.E.2d 1143 (1977); Louisiana Power& Light Co. v. Louisiana Public
<br /> Service Commission, supra, La., 343 So.2d at 1044; Boise Water Corp. v. Idaho Public Utilities Commission, 97 Idaho 832,
<br /> 555 P.2d 163 (1976); Alabama Public Service Commission v. Cooper Transfer Co., 295 Ala. 209, 326 So.2d 283 (1975);
<br /> Northwestern Bell Telephone Co.v. State,299 Minn. 1,216 N.W.2d 841 (1974).
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