Hawaii Administrative Rules
Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS
Subchapter 3 - CIVIL ENFORCEMENT - CITATION AND PENALTY
Section 16-608-23 - Civil citation - default
Universal Citation: HI Admin Rules 16-608-23
Current through August, 2024
(a) Failure of the respondent to appear:
(1) On the date and at
the time and place designated in the citation for a preliminary appearance,
pursuant to section 16-608-21(d); or
(2) On the date and at the time and place
designated by the commission for a chapter
91, HRS, hearing; constitutes a
default.
(b) In the event of a default pursuant to subsection (a), the commission may assume that the facts alleged in the citation are true, and, if the facts establish a violation, the commission:
(1) Will issue a
final order and pursue enforcement of the final order, pursuant to section
16-608-24; and
(2) May impose the
maximum amount of penalties and assessments allowed under the regulatory
law.
(c) Failure of the respondent to make payment of the civil penalty, referred to in section 16-608-21(d)(2) or 16-608-21(f)(1), following the expiration of the second bill for collection period, constitutes a default, and the commission:
(1) May impose the maximum amount of
penalties and assessments authorized under the regulatory law; and
(2) Will pursue enforcement of the final
order, pursuant to section 16-608-24.
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