Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 81 - SMOKING IN WORK PLACES AND PUBLIC PLACES
Section 11-81-6 - Permit or license suspension or revocation
Current through February, 2024
(a) Consistent with any rules adopted to implement section 321-11, HRS, the director may suspend a permit or license authorized by section 321-11, HRS, after a person who owns, manages, operates, or otherwise controls any place or designated facility has been found to have violated the provisions of chapter 328J, HRS, or these rules at least three times within a two year period. This section shall apply only to permits or licenses that are issued by the director or the director's designee. Any action to suspend or revoke a permit or license not issued by the director or the director's designee shall be brought before the agency or authority that issued the permit or license or before a court of competent jurisdiction.
(b) A permit or license suspended pursuant to this section shall be reinstated sixty days after the date of suspension. An appeal of a suspension may be allowed if--and shall be resolved--consistent with the rules adopted to implement section 321-11, HRS, that authorize the issuance of the permit or license in question.
(c) Consistent with any rules adopted to implement section 321-11, HRS, the director may revoke a permit or license authorized by section 321-11, HRS, if the permit or license has been suspended more than twice within a two-year calendar period.
(d) A person whose permit or license has been revoked may apply for a new permit or license no sooner than one year after the revocation becomes effective. An appeal of a revocation may be allowed if--and shall be resolved--consistent with the rules adopted to implement section 321-11, HRS, that authorize the issuance of the permit or license in question.
