Hawaii Administrative Rules
Title 18 - DEPARTMENT OF TAXATION
Chapter 231 - ADMINISTRATION OF TAXES
Section 18-231-91-03 - Cease and desist citation; requirements
Universal Citation: HI Admin Rules 18-231-91-03
Current through August, 2024
(a) A cease and desist citation must be issued on the forms prescribed by the department.
(b) A cease and desist citation shall include the following in its contents:
(1) The name and address of the
respondent;
(2) The location of
where the offense is about to occur, is occurring, or has occurred. If the
location is a vehicle, the vehicle must be specifically identified, including
its location at the time of the infraction;
(3) The specific alleged violation or
violations of title 14, HRS, or the administrative rules adopted thereunder
which constitute cause for the issuance of the cease and desist citation,
including (if applicable) any allegation that the person is a cash-based
business as defined in section
231-93,
HRS;
(4) A signature of the special
enforcement section employee or other Department employee authorized to issue
the citation. By signing the cease and desist citation, the issuer certifies
that the statements contained in the citation are true and correct, to the best
of his or her knowledge. A citation that has not been signed by a duly
authorized employee of the Department shall be void ab
initio;
(5) If applicable,
the amount of the monetary fine imposed against the respondent;
(6) A space for the respondent, or the
respondent's agent or representative, to acknowledge receipt of the citation by
signature. If the respondent or respondent's agent or representative refuses to
sign or if for some other reason the special enforcement section employee is
unable to acquire a signature to acknowledge receipt, the citation may indicate
"refused to sign," "unavailable," "no signature for safety reasons," or other
language explaining the lack of signature by the respondent or the respondent's
agent or representative. The lack of the signature of the respondent or the
respondent's agent or representative shall not affect the validity of the
citation;
(7) Information regarding
respondent's appeal rights, including the requirement that the citation must be
returned to the special enforcement section within thirty days from the date of
the citation, respondent's right to a hearing before the director or the
director's designee, and contact information for where the respondent may
obtain further information.
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