
    DON KAUER, dba DON’S ALOHA CHEVRON SERVICE, Plaintiff-Appellee, v. RONALD AMEMIYA, Director, Consumer Protection Agency, State of Hawaii, Defendant-Appellant
    NO. 5661
    FEBRUARY 28, 1975
    RICHARDSON, C.J., KOBAYASHI, OGATA AND MENOR, JJ., AND RETIRED JUSTICE LEWIS ASSIGNED BY REASON OF VACANCY
    
      Charles F. Fell (Mirikitani, Thurston & Tongg of counsel) for defendant-appellant.
    
      Paul E. DiBianco (Flyman M. Greenstein on the brief) for plaintiff-appellee.
    
      
       Director of the Office of Consumer Protection at the time of the inception of the case.
    
   Per Curiam.

We are of the opinion, upon consideration of the briefs and argument in this case, that the appellant is without power to promulgate substantive rules and regulations under the provisions of HRS Chapter 487.

Affirmed.  