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 4 - CIVIL ENFORCEMENT - CONDITION, LIMITATION, AMENDMENT, SUSPENSION, OR REVOCATION OF LICENSE
Section 16-608-32 - Amendment, suspension, or revocation of license

Universal Citation: HI Admin Rules 16-608-32

Current through November, 2024

(a) In accordance with section 269-7.5(d), HRS, the commission may amend, suspend, or revoke the license of a public utility, in whole or in part, after notice and hearing, for the wilful violation of any regulatory law; provided that the commission may, upon the licensee's application and the commission's discretion, amend, suspend, or revoke the license of a public utility, in whole or in part, without a hearing.

(b) In accordance with section 271-19(a), HRS, the commission may suspend or revoke the license of a motor carrier, in whole or in part, after notice and hearing, for the violation of any regulatory law; provided that the commission may:

(1) Upon the licensee's application and the commission's discretion, amend or revoke the license of a motor carrier, in whole or in part, without a hearing;

(2) Immediately suspend the license of a motor carrier, without a hearing, upon the motor carrier's failure to comply with:

(A) Section 271-17, 271-21(a), or 271-22(a), HRS;

(B) Act 20, Special Session Laws of Hawaii 1977 and any amendments thereto; or

Any summary suspension imposed pursuant to this paragraph shall continue until the carrier complies with the applicable provision or order;

(3) Without notice or hearing, revoke the license of a motor carrier that has been placed on inactive status if the carrier does not reactivate the license on or before the last day of the approved period of inactivity; or

(4) Without notice or hearing, revoke the license of a motor carrier if the motor carrier is a corporation or partnership, and the corporation or partnership has voluntarily dissolved. Before revoking the license, the commission shall:

(A) Verify the voluntary dissolution with the state department of commerce and consumer affairs; and

(B) Issue an order stating its findings.

(c) In accordance with section 271G-15, HRS, the commission may suspend, amend, or revoke the license of a water carrier, in whole or in part, after notice and hearing, for the wilful failure to comply with any regulatory law; provided that:

(1) The commission may, upon the licensee's application and the commission's discretion, amend or revoke the license of a water carrier, in whole or in part, without a hearing;

(2) No license of a water carrier may be revoked (except upon the licensee's application), unless the licensee wilfully fails to comply within a reasonable time, not less than thirty days, fixed by the commission to comply with a commission order commanding compliance with the regulatory law the licensee is in violation of; and

(3) Upon a reasonable notice of not less than fifteen days, but without a hearing, the commission may suspend a water carrier's license issued under section 271G-10 or 271G-12, HRS, for the carrier's failure to comply with:

(A) Section 271G-17(a), HRS, relating to water carrier tariffs; or

(B) Any order or rule of the commission implementing section 271G-17(a), HRS.

Any suspension imposed pursuant to this paragraph continues until the water carrier complies with section 271G-17(a), HRS or the commission's order or rule implementing section 271G-17(a).

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