§271-19 Suspension, change, and revocation of certificates and permits.

548 words·~2 min read·/hi/chapter-271/271-19

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(a)Certificates and permits shall be effective from the date specified therein, and shall remain in effect until suspended or terminated as herein provided. Any certificate or permit, upon application of the holder thereof, in the discretion of the public utilities commission, may be amended or revoked, in whole or in part. The commission, upon complaint or upon its own initiative, after notice and hearing, may suspend or revoke any certificate or permit, in part or in whole, if the holder thereof is found to be in violation of any of the provisions of this chapter; provided that:

(1)A motor carrier's right to engage in transportation by virtue of any certificate or permit may be suspended by the commission immediately without hearing or other proceedings upon the carrier's failure to comply, and until the carrier complies with sections 271-21(a), 271-22(a), 271-17 or Act 20, Special Session Laws of Hawaii 1977, or with any lawful order of the commission; and

(2)The commission shall revoke the certificate or permit of a holder that knowingly and wilfully engages the services of a driver not licensed under part XIII of chapter 286.

(b)Upon written request by a motor carrier and for good cause shown, the public utilities commission may place an active certificate or permit in an inactive status. The certificate or permit may be placed on an inactive status for a period not exceeding twelve months. Prior to the termination of the approved inactive period, the certificate or permit must be reactivated or it shall be declared abandoned and the certificate or permit revoked. The certificate or permit may be reactivated at any time within the approved period by fulfilling the requirements for renewal, including the payment of the appropriate fees. No request for inactive status, the cumulative period of which is in excess of two years, shall be granted by the commission. Unless good cause is shown, no request to transfer a certificate or permit which is on inactive status shall be approved by the commission.

(c)No person whose certificate or permit is revoked shall be eligible to apply for a new certificate or permit until the expiration of two years; provided that a person whose certificate or permit is revoked for knowingly and wilfully engaging the services of a driver not licensed under part XIII of chapter 286 shall not be eligible to apply for a new certificate or permit until the expiration of five years.

(d)A certificate or permit shall be revoked upon the voluntary dissolution of the corporation or partnership in whose name the certificate or permit has been issued. Upon verification with the department of commerce and consumer affairs on the voluntary dissolution of a corporation or partnership, the commission shall issue an order with its findings and revoke the certificate or permit held by the registered certificate or permit holder. [L 1961, c 121, pt of §2; Supp, §106C-17; HRS §271-19; am L 1978, c 66, §2; am L 1982, c 204, §8; am L 2004, c 199, §1]

Note

Act 20, Sp L 1977, referred to in subsection

(a)is codified as §§271-5, 271-7, 271-9, 271-10, 271-36, 286-3, 286-16 to 286-18, 286-26, 286-201, 286-202, 286-203, 286-204, and 286-205 to 286-216.