DEPARTMENT OF BUDGET AND
FINANCE
Adoption of Chapter
6-68
Hawaii Administrative
Rules
April 25, 1997
SUMMARY
Chapter 6-68, Hawaii Administrative Rules, entitled "Investigation
and Enforcement of Laws Governing Public Utilities, Motor Carriers, and Water
Carriers," is adopted.
TITLE
6
DEPARTMENT
OF BUDGET AND FINANCE
CHAPTER
68
INVESTIGATION
AND ENFORCEMENT OF LAWS GOVERNING
PUBLIC
UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS
Subchapter 1 General
Provisions
'6-68-1 Applicability;
construction
'6-68-2 Proceedings, generally
'6-68-3 Application of additional
sources
'6-68-4 General definitions
'6-68-5 Separation of functions
'6-68-6 Computation of time
'6-68-7 Severability clause
''6-68-8 to 11 (Reserved)
Subchapter 2 Complaint
and Investigation
'6-68-12 Application of this
subchapter non-exclusive
'6-68-13 Complaint
'6-68-14 Commission investigation
'6-68-15 Commission investigation
- default
''6-68-16 to 20 (Reserved)
Subchapter 3 Civil
Enforcement -
Citation and Penalty
'6-68-21 Civil citation
'6-68-22 Civil penalty
'6-68-23 Civil citation - default
'6-68-24 Final order
''6-68-25
to 29 (Reserved)
Subchapter 4 Civil Enforcement -
Condition,
Limitation,
Amendment,
Suspension, or
Revocation of
License
'6-68-30 Application of this subchapter non-exclusive
'6-68-31 Condition
or limitation of license
'6-68-32 Amendment, suspension, or
revocation
of
license
'6-68-33 Activity during
limitation or suspension
'6-68-34 Restoration of suspended
license
'6-68-35 Revoked license -
application for new
license
'6-68-36 Interim orders
''6-68-37 to 41 (Reserved)
Subchapter 5 Settlement
of Civil Violation
'6-68-42 Settlement of civil
violation
''6-68-43 to 47 (Reserved)
Subchapter 6 Criminal
Enforcement
'6-68-48 Criminal citation
''6-68-49 to 53 (Reserved)
SUBCHAPTER
1
GENERAL
PROVISIONS
'6-68-1
Applicability; construction.
(a) This chapter governs
violations of the regulatory law and prescribes procedures for investigating
alleged violations or suspected violations of the regulatory law and for
issuing citations to and imposing sanctions on any person violating, allegedly
'6-68-3
violating, or suspected of violating the regulatory laws.
(b)
This chapter shall be liberally construed to provide adequate and
continuous public utility, motor carrier, and water carrier services in the
State.
[Eff ] (Auth:
HRS ''91-2, 269-6, 269‑15, 271-9, 271-27,
271G-7, 271G-19) (Imp: HRS ''269-6, 269-7, 269-7.5, 269-10, 269-12, 269-13, 269‑15, 269-20,
269-28, 271-8, 271-9, 271-12, 271-13, 271-16, 271-19, 271-27, 271-31, 271-34,
271G-7, 271G‑10, 271G‑12, 271G-15, 271G-16, 271G-17, 271G‑19,
271G-23)
'6-68-2
Proceedings, generally.
The commission may commence:
(1) Investigative proceedings against any person
violating, allegedly violating, or suspected of violating any regulatory law;
and
(2) Enforcement proceedings against any person
violating any regulatory law.
[Eff ] (Auth:
HRS ''91-2, 269‑6, 269-15, 271-9, 271-27,
271G-7, 271G‑19) (Imp: HRS ''269‑6, 269-7, 269‑7.5, 269-10, 269-12, 269‑13,
269-15, 269-20, 269-28, 271-8, 271-9, 271-12, 271‑13, 271‑16,
271-19, 271-27, 271-31, 271‑34, 271G‑7, 271G‑10, 271G-12,
271G-15, 271G-16, 271G-17, 271G-19, 271G-23)
'6-68-3
Application of additional sources. This chapter shall be read in context with any applicable:
(1) Federal law and regulation; and
(2) State law, commission order, and rule,
including chapters 269, 271, and 271G, HRS, and chapter 6-61.
[Eff ] (Auth:
HRS ''91-2, 269-6, 269-15, 271-9, 271-27, 271G-7,
271G-19) (Imp: HRS ''269‑6, 269-7, 269-7.5, 269-10, 269-12,
'6-68-3
269-13, 269‑15, 269-20, 269-28, 271-8,
271‑9, 271-12, 271-13, 271-16, 271-19, 271‑27, 271-31, 271‑34,
271G‑7, 271G-10, 271G-12, 271G-15, 271G-16, 271G-17, 271G‑19,
271G-23)
'6-68-4
General definitions. As
used in this chapter, unless the context clearly requires otherwise:
"Chairperson" means the
commissioner designated by the governor to be the chairperson of the
commission.
"Citation" means a form used for
citing persons allegedly violating or suspected of violating any applicable
regulatory law.
"Commission" means the public
utilities commission of the State, or the commission's duly authorized
representative, which may include the commission's hearings officer.
"Enforcement officer" means the
same as in ''269‑1 and 271-4, HRS.
"Hearings officer" means a person
appointed as such pursuant to '269-6, HRS.
"HRS" means the Hawaii Revised
Statutes.
"License" means the revocable
permission to engage as a public utility, motor carrier, or water carrier,
issued by the commission to a person pursuant to chapter 269, 271, or 271G,
HRS, or any rule promulgated pursuant to any of these chapters. It includes any certificate, permit, or
other document issued by the commission as proof of that permission. It includes a conditional or temporary
permission and any certificate, permit, or other document issued by the
commission as proof of the temporary permission.
"Licensee" means the person in
whose name the commission issues a license.
"Motor carrier" means the same as
in '271-4, HRS.
"Person" includes any individual,
firm, copartnership, corporation, company, association, or joint stock
association; and includes any trustee,
'6-68-5
receiver, assignee, or personal representative thereof.
"Public utility" means the same as
in '269-1, HRS.
"Regulatory law" includes:
(1) Chapters 269, 271, and 271G, HRS, providing
for the regulation by the commission of public utilities, motor carriers, and
water carriers, and any other person subject to the commission's jurisdiction;
(2) Rules promulgated pursuant to any of these
chapters;
(3) Commission orders; and
(4) Terms, conditions, or limitations set forth in
the licensee's license.
"Respondent" includes:
(1) Any person cited by the commission or its
enforcement officer;
(2) Any person against whom the commission
institutes an investigation; or
(3) Any person against whom a complaint is made.
"Restore" or
"restoration" means permission to resume business as a public
utility, motor carrier, or water carrier, granted by the commission to a person
whose license has been suspended.
"Rule" means the Hawaii
Administrative Rules.
"State" means the State of Hawaii.
"Water carrier" means the same as
in '271G-5, HRS.
[Eff ] (Auth:
HRS ''91-2, 269‑6, 269‑15, 271-9,
271-27, 271G-7, 271G-19) (Imp:
HRS ''269-1, 269-6, 269-7, 269-7.5, 269-10, 269-12,
269-13, 269-15, 269-20, 269-28, 271-4, 271-8, 271-9, 271-12, 271-13, 271-16,
271-19, 271-27, 271-31, 271‑34, 271-38, 271G-5, 271G‑7, 271G-10,
271G-12, 271G-15, 271G-16, 271G-17, 271G-19, 271G-23)
'6-68-5
Separation of functions.
(a) The enforcement officer and any employee or agent of the commission
who investigates, prepares, or presents a
'6-68-5
particular case may not, in the case or a factually related case:
(1) Participate in the case as a hearings officer;
or
(2) Participate or advise in the initial decision
or review of the initial decision by the commission, except as a witness or
representative in public proceedings.
(b) The hearings officer or commission members who
sit on an enforcement case shall not directly supervise or be supervised by the
investigating official.
[Eff ] (Auth:
HRS ''91‑2, 269-6, 269‑15, 271-9,
271-27, 271G-7, 271G‑19)
(Imp: HRS '269-6)
'6-68-6
Computation of time.
Unless ordered or directed otherwise by the commission, in computing any
period of time specified under this chapter:
(1) The term "day" means a calendar day;
(2) The term "receipt,"
"receive," or "received" means the actual receipt of the
citation, payment, written request for civil citation hearing, or other
document or thing at issue;
(3) The day of the act, event, or default shall
not be included in the computation period; and
(4) The last day of the period so computed shall
be included unless it is a Saturday, Sunday, or holiday, in which event the
period runs until the end of the next business day which is not a Saturday,
Sunday, or holiday. As used in this
paragraph:
(A) The term "holiday" means any day
designated as such by ''8-1
and 8-2, HRS; and
(B) The term "end of the next business
day" refers to the closing of the
'6-68-12
commission's Honolulu office for the day,
normally at 4:30 p.m.
[Eff ] (Auth:
HRS ''91-2, 269-6, 269-15, 271-9, 271-27, 271G‑7,
271G-19) (Imp: HRS ''1-29, 8-1, 8-2, 269‑6, 271-9, 271-27,
271-31, 271G-7, 271G‑19, 271G-23)
'6-68-7
Severability clause. If
any provision of this chapter, or the application thereof to any person or
circumstance, is held invalid, the invalidity does not affect other provisions
or applications of this chapter which can be given effect without the invalid
provision or application, and to this end the provisions of this chapter are
severable. [Eff ]
(Auth: HRS ''91-2, 269-6, 269‑15, 271-9, 271-27,
271G‑7, 271G-19) (Imp: HRS ''269-6, 269-7, 269-7.5, 269-10, 269-12, 269-13, 269‑15, 269-20,
269-28, 271-8, 271-9, 271-12, 271-13, 271-16, 271-19, 271-27, 271-31, 271-34,
271G-7, 271G‑10, 271G-12, 271G-15, 271G-16, 271G-17, 271G‑19,
271G-23)
''6-68-8 to 11
(Reserved)
SUBCHAPTER
2
COMPLAINT
AND INVESTIGATION
'6-68-12
Application of this subchapter non-exclusive. Nothing in this subchapter shall be
construed as limiting or precluding the commission from using its civil or
criminal enforcement authority, or both, against any person violating,
'6-68-12
allegedly violating, or suspected of violating any regulatory law.
[Eff ] (Auth:
HRS ''91-2, 269-6, 271-9, 271G-7) (Imp:
HRS ''269-6, 269-7, 269-8, 269‑10, 269-12,
269-13, 269-15, 269-29, 271-9, 271-10, 271-27, 271-31, 271G-7, 271G-8, 271G‑16,
271G-17, 271G‑19, 271G-23)
'6-68-13
Complaint. (a) Unless ordered or directed otherwise by the
commission, any complaint (informal or formal) against a public utility, water
carrier, motor carrier, or other person subject to the commission's
jurisdiction alleging a violation of any regulatory law shall be processed in
accordance with chapter 6-61.
(b) Whenever
the commission is of the opinion that the complaint does not state reasonable
grounds for investigation and action on the commission's part, the commission
may dismiss the complaint.
[Eff ] (Auth:
HRS ''91-2, 269-6, 271‑9, 271G-7) (Imp:
HRS ''269-6, 269-7, 269-8, 269‑10, 269-12,
269-13, 269-15, 269-29, 271-9, 271-10, 271-27, 271-31, 271G-7, 271G-8, 271G‑16,
271G-17, 271G‑19, 271G-23)
'6-68-14
Commission investigation.
(a) The commission may at any
time investigate alleged or suspected violations of the regulatory law.
(b) The
commission may issue to the respondent an order or notice instituting an
investigation that may take the form of an order to show cause. The order to show cause shall require the
respondent to appear before the commission on the date and at the time and
place specified in the order.
(c) An
order to show cause must conform to the notice and service requirements of ''91-9 and 91‑9.5, HRS. The order shall be served upon the person
concerned or other respondent, and the complainant,
'6-68-20
not less than two weeks before the date designated for the hearing.
(d)
The order to show cause may include an order of abatement that requires
the respondent to cease and desist from any present or future violations of the
regulatory law or commission orders.
(1) The abatement order may be entered on the
commission's initiative or by agreement between the commission and respondent,
with or without a finding of a specific violation; and
(2) Failure to comply with a commission abatement
order is a violation of the regulatory law separate from any underlying
violation.
[Eff ] (Auth:
HRS ''91‑2, 269-6, 271-9, 271G-7) (Imp:
HRS ''91-9, 91‑9.5, ''269-6, 269-7, 269-8, 269-10, 269‑12,
269-13, 269-15, 269-29, 271‑9, 271‑10, 271-27, 271-31, 271G-7, 271G‑8,
271G‑16, 271G-17, 271G-19, 271G-23)
'6-68-15
Commission investigation - default. If the respondent fails to appear on the date and at the time and
place designated in the order to show cause, the commission may assume that the
facts alleged in the order are true, and, if the facts establish liability, the
commission:
(1) Will issue a final decision and order; and
(2) May impose the maximum amount of penalties and
assessments allowed under the regulatory law.
[Eff ] (Auth:
HRS ''91-2, 269‑6, 271-9, 271G-7) (Imp:
HRS ''269-6, 269-7, 269-8, 269-10, 269‑12,
269‑13, 269-15, 269-29, 271-9, 271-10, 271‑27, 271‑31, 271G‑7,
271G-8, 271G-16, 271G-17, 271G-19, 271G-23)
''6-68-16 to 20 (Reserved)
'6-68-21
SUBCHAPTER
3
CIVIL
ENFORCEMENT - CITATION AND PENALTY
'6-68-21
Civil citation. (a) The commission or its enforcement officer
may issue a civil citation to any person:
(1) Acting in the capacity of or engaging in the
business of a public utility, motor carrier, or water carrier within the State,
without having a license or other authority previously obtained from the
commission, authorizing it to engage or conduct business as a public utility,
motor carrier, or water carrier in the State; or
(2) Violating, allegedly violating, or suspected
of violating any regulatory law.
(b) Service
of a citation shall be made by personal service whenever possible, or by
certified mail, restricted delivery, sent to the last known business or
residence address of the person cited.
(c) The
citation may contain an:
(1) Order of abatement; and
(2) Assessment of civil penalties, pursuant to '6-68-22.
(d)
The citation may require the person cited to appear before the
commission on the date and at the time and place specified in the citation and
to state whether the person contests or admits to the alleged or suspected
violation.
(1) If the person cited appears before the
commission on the appearance date and contests the citation, the commission
shall schedule a chapter 91, HRS, hearing on the citation.
(2) If the person cited appears before the commission
on the appearance date and does not contest the citation, the commission shall
dispose of the citation as authorized by law, which may include the assessment
of
'6-68-21
a civil penalty, pursuant to '6-68-22, and the citation is deemed a final
order of the commission. If a civil
penalty is assessed, the person cited will be issued a bill for collection
requiring payment within fifteen days from the appearance date. If payment is not received by the commission
within the fifteen day period, the person cited will be issued a second bill
for collection requiring payment within fifteen days from the date of the
second bill for collection. A
respondent who fails to make payment of the civil penalty to the commission
within fifteen days from the date of the second bill for collection is in
default, pursuant to '6-68-23(c).
The respondent's appearance before the commission on the date and at
the time and place specified in the citation to state whether the respondent
contests or admits to the alleged or suspected violation, is a preliminary
appearance and is not a chapter 91, HRS, hearing. This preliminary appearance before the commission may be
conducted by the commission or by a hearings officer appointed by the
chairperson.
(e) Failure
to appear before the commission on the specified preliminary appearance date
constitutes a default, pursuant to '6‑68-23(a); provided that for good cause shown, a respondent may,
at least five days before the appearance date specified in the citation, seek
in writing the commission's approval to continue the appearance date set forth
in the citation. If the respondent's
request for continuance is approved, the respondent shall appear before the
commission on the new appearance date specified by the commission. If the respondent's request for continuance
is denied, the respondent shall appear before the commission on the appearance
date specified in the citation; the respondent's failure to appear before the
commission on the specified appearance date constitutes a default, pursuant to '6‑68‑23(a).
'6-68-21
(f) If the citation does not
specify a preliminary appearance date requiring the person cited to appear
before the commission as specified in subsection (d):
(1) The person cited must pay the civil penalty
assessed in the citation within fifteen days from the receipt of the
citation. If the person cited fails to
make payment within fifteen days from the receipt of the citation and does not
submit a timely written request to the commission for a hearing under paragraph
(2), the citation is deemed a final order of the commission and the person
cited will be issued a bill for collection requiring payment within fifteen
days from the date of the bill for collection.
If payment is still not received by the commission within fifteen days
from the date of the bill for collection, the person cited will be issued a
second bill for collection requiring payment within fifteen days from the date
of the second bill for collection. Failure
to make payment of the civil penalty to the commission within fifteen days from
the date of the second bill for collection constitutes a default, pursuant to '6‑68‑23(c); or
(2) The person cited may contest the citation by
submitting a written request to the commission for a hearing within twenty days
from the receipt of the citation. Upon
the receipt of a timely request for a hearing, the commission shall schedule a
hearing on the citation pursuant to '271‑31(a), HRS, and chapter 91, HRS. The hearing may be conducted by the commission or by a hearings
officer appointed by the chairperson.
Failure of respondent to appear before the commission on the specified
hearing date constitutes a default, pursuant to '6‑68‑23(a); provided that for good cause
'6-68-22
shown, a respondent may, at least five days
before the specified hearing date, seek in writing the commission's approval to
continue the hearing date specified by the commission. If the respondent's request for continuance
is approved, the respondent shall appear before the commission on the new
hearing date specified by the commission.
If the respondent's request for continuance is denied, the respondent
shall appear before the commission on the hearing date specified by the
commission; the respondent's failure to appear before the commission on the
specified hearing date constitutes a default, pursuant to '6‑68‑23(a).
[Eff ] (Auth:
''91-2, 269‑6, 269-15, 271-9, 271-27, 271‑38,
271G‑7, 271G-19) (Imp: HRS ''91‑9, 91‑9.5, 91-10, 91-11,
91-12, 269-1, 269-6, 269‑7.5, 269-13, 269-15, 269-20, 269‑28,
271-4, 271-8, 271-9, 271-12, 271-13, 271-27, 271-31, 271-38, 271G‑5, 271G‑7,
271G-10, 271G‑19, 271G-23)
'6-68-22 Civil
penalty. (a) The commission shall assess civil penalties
in accordance with '269‑28,
'271-27, or '271G-19, HRS.
(b) Payment
of a civil penalty shall be made:
(1) In-person, at the commission's Honolulu
office; or
(2) By United States mail, postage pre-paid. If payment is made by mail, certified or
registered mail is preferred.
If payment is made in-person, payment shall be by cash (United States
currency only), cashier's check, or money order. If payment is made by United States mail, payment shall be by
cashier's check or money order only. No
personal or business checks, credit cards, or any other methods of payment will
be
'6-68-22
accepted, regardless of the manner of payment (whether in-person or by
United States mail).
[Eff ] (Auth:
HRS ''91‑2, 269-6, 269-15, 271-9, 271-27, 271G-7,
271G-19) (Imp: HRS ''269-6, 269‑7.5, 269-15, 269-20, 269-28, 271-8, 271‑9,
271-12, 271-13, 271-27, 271-31, 271G‑7, 271G‑10, 271G‑19,
271G-23)
'6-68-23
Civil citation - default.
(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 '6-68-21(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 '6-68-24; 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 ''6-68-21(d)(2) or 6‑68‑21(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 '6-68-24.
[Eff ] (Auth:
HRS ''91-2, 269‑6, 269-15, 271-9, 271-27,
271G-7, 271G‑19) (Imp: HRS ''269-6, 269‑7.5,
'6-68-30
269‑15, 269-20, 269-28, 271-8, 271‑9,
271‑12, 271-13, 271-27, 271‑31, 271G‑7, 271G-10, 271G-19,
271G-23)
'6-68-24
Final order. The
commission, attorney general, or any other authorized person may apply to the
appropriate court for a judgment to enforce the provisions of any final order
issued pursuant to this subchapter. In
any proceeding to enforce the provisions of the final order, the commission
need only:
(1) Show that notice, where required, was given,
and that a hearing was held or the time for requesting a hearing expired
without such a request; and
(2) Present a certified copy of the final
order.
[Eff ] (Auth:
HRS ''91-2,
269-6, 269-15, 271-9, 271-27, 271G-7, 271G‑19) (Imp: HRS ''269-6, 269‑7.5, 269‑13, 269-15, 269-20, 269-28, 271-8, 271‑9,
271-12, 271-13, 271-27, 271-31, 271G‑7, 271G-10, 271G‑19, 271G-23)
''6-68-25 to 29 (Reserved)
SUBCHAPTER 4
CIVIL
ENFORCEMENT - CONDITION, LIMITATION,
AMENDMENT,
SUSPENSION, OR REVOCATION OF LICENSE
'6-68-30 Application
of this subchapter non-exclusive.
Nothing in this subchapter shall be construed as limiting or precluding
the commission from using its civil citation (including the
'6-68-30
assessment of civil penalties) or criminal enforcement authority, or
both, against any person violating, allegedly violating, or suspected of
violating any regulatory law.
[Eff ] (Auth:
HRS ''91-2, 269-6, 271-9, 271G-7) (Imp:
HRS ''91-9, 91‑9.5, 269-6, 269-7, 269-7.5,
269-15, 269-20, 271-8, 271-9, 271-12, 271-13, 271-16, 271-19, 271-27, 271-31,
271G-7, 271G-10, 271G‑12, 271G-15, 271G-19, 271G-23)
'6-68-31
Condition or limitation of license. The commission, from time to time, may impose reasonable
conditions or limitations on a previously granted license:
(1) In accordance with '269-7.5(b), HRS, for a public utility;
(2) In accordance with '271-12(d), HRS, for a common carrier by motor
vehicle;
(3) In accordance with '271-13(c), HRS, for a contract carrier by
motor vehicle; and
(4) In accordance with '269-20(c), HRS, for a water carrier.
[Eff ] (Auth:
HRS ''91-2, 269-6, 271-9, 271G-7) (Imp:
HRS ''269-6, 269-7, 269-7.5, 269-15, 269-20, 271‑8,
271-9, 271-12, 271-13, 271‑16, 271‑19, 271-27, 271-31, 271G-7,
271G-10, 271G-12, 271G-15, 271G-19, 271G-23)
'6-68-32
Amendment, suspension, or revocation of license. (a)
In accordance with '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.
'6-68-32
(b) In
accordance with '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) ''271-17, 271-21(a), or 271-22(a), HRS;
(B) Act 20, Special Session Laws of Hawaii
1977 and any amendments thereto; or
(C) Any commission order.
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 '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:
'6-68-32
(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 ''271G-10 or 271G-12, HRS, for the carrier's failure to comply with:
(A) '271G-17(a), HRS, relating to water carrier tariffs; or
(B) Any order or rule of the commission
implementing '271G-17(a), HRS.
Any suspension imposed pursuant to this
paragraph continues until the water carrier complies with '271G-17(a) or the commission's order or rule
implementing '271G-17(a).
[Eff ] (Auth:
HRS ''91-2, 269-6, 271-9, 271G-7) (Imp:
HRS ''269‑6, 269-7, 269-7.5, 269-15, 269‑20,
271-8, 271‑9, 271-12, 271-13, 271‑16, 271-17, 271-19, 271-21,
271-22, 271‑27, 271‑31, 271G-7, 271G-10, 271G-12, 271G-15,
271G-271G-17, 271G-19, 271G-23)
'6-68-33
Activity during limitation or suspension. The commission may institute proceedings to
permanently revoke the license of any licensee who violates the commission's
order of limitation or suspension. The
licensee is subject to all penalties
'6-68-35
prescribed by the applicable regulatory law.
[Eff ] (Auth:
HRS ''91-2, 269-6, 271-9, 271G-7) (Imp:
HRS ''269-6, 269-7, 269-7.5, 269-15, 269-20, 271-8,
271-9, 271-12, 271-13, 271-16, 271-19, 271-27, 271-31, 271G-7, 271G-10,
271G-12, 271G-15, 271G-19, 271G-23)