Section 16-608-21 - 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 section 16-608-22.(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 a civil penalty, pursuant to section 16-608-22, 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 section 16-608-23(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 section 16-608-23(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 section 16-608-23(a).(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 section 16-608-23(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 section 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 section 16-608-23(a); provided that for good cause 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 section 16-608-23(a).[Eff 1/1/2019] (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)