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

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

(2)  That the issuance of the license will tend topromote destructive or demoralizing competition in a market already adequatelyserved.

(3)  That the issuance of the license is otherwise notin the public interest.

(b)  The board may refuse to renew a license ormay suspend or revoke a license, upon due notice and opportunity of hearing tothe 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, exceptwhere a contract has been terminated.

(2)  That any licensee has failed to account or makepayment, 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 ofdealing of such a nature as to indicate the licensee's inability orunwillingness to properly conduct the business of producing, processing,delivering, receiving, or selling milk or of the licensee's intent to deceiveor defraud producers, producer-distributors, distributors or consumers.

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

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

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

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

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

(c)  The board may conditionally renew alicense or may conditionally decline to suspend or revoke a license, but suchcondition shall have appropriate relation to the administration of thischapter. [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.