Section 16-608-32 - Amendment, suspension, or revocation of license(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(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 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).
[Eff 1/1/2019] (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-17, 271G-19, 271G-23)