§157-24 - Granting, suspending, and revoking licenses.

§157-24  Granting, suspending, and revoking
licenses.  (a)  No license shall be denied unless the board of agriculture
finds, after due notice and opportunity of hearing to the applicant or
licensee, one or more of the following:

(1)  That the applicant is not qualified or does not
possess equipment to conduct the business properly.

(2)  That the issuance of the license will tend to
promote destructive or demoralizing competition in a market already adequately
served.

(3)  That the issuance of the license is otherwise not
in the public interest.

(b)  The board may refuse to renew a license or
may suspend or revoke a license, upon due notice and opportunity of hearing to
the licensee, when it finds any of the following:

(1)  That any licensee has, without reasonable cause,
refused to accept milk delivered or failed to deliver milk as agreed, except
where a contract has been terminated.

(2)  That any licensee has failed to account or make
payment, without reasonable cause, for any milk purchased.

(3)  That any licensee has been adjudged a bankrupt.

(4)  That any licensee has continued in a course of
dealing of such a nature as to indicate the licensee's inability or
unwillingness to properly conduct the business of producing, processing,
delivering, receiving, or selling milk or of the licensee's intent to deceive
or defraud producers, producer-distributors, distributors or consumers.

(5)  That any licensee has violated the state
antitrust law, chapter 480.

(6)  That any licensee has failed to keep records or to
furnish the statements or information required by the board.

(7)  That any licensee has intentionally made a false
or misleading statement upon which the license was issued.

(8)  That the licensee has violated or failed to
comply with this chapter.

(9)  That the licensee has ceased to operate the milk
business for which the license was issued.

(c)  The board may conditionally renew a
license or may conditionally decline to suspend or revoke a license, but such
condition shall have appropriate relation to the administration of this
chapter. [L 1967, c 260, §15; HRS §157-24; gen ch 1985]

Cross References

  Administrative hearing, see chapter 91.

Case Notes

  Section violates commerce clause.  590 F. Supp. 778.