[§261E-8]  Certificates of publicconvenience and necessity.  (a)  Except as otherwise provided in thischapter, no person shall engage in air transportation unless the person holds acertificate issued by the air carrier commission authorizing its operation.

(b)  Applications for certificates shall bemade in writing to the commission.  Applications shall be in the proper formand contain the required information, with the proof of service upon theinterested parties, as the commission shall require by rule.

(c)  A certificate shall be issued to anyqualified applicant, authorizing the whole or any part of the operationscovered by the application if it is found that the applicant is a citizen ofthe United States and fit, willing, and able to properly perform the serviceproposed and to conform to this chapter and the requirements and rules of thecommission, and that the proposed service, to the extent to be authorized bythe certificate, is required by the public convenience and necessity; otherwisethe application shall be denied.  The applicant shall have the burden of proofto establish that any proposed service is required by the public convenienceand necessity.  The commission shall institute an oral evidentiary hearing toconsider any application for a certificate that would authorize the holder touse aircraft capable of carrying more than seventeen passengers.

(d)  Any applicant receiving a certificateunder this chapter shall pay, upon receipt of the certificate, a registrationfee and subsequent annual fee that shall be determined by the commission anddeposited into the state general fund.

(e)  Any Hawaii air carrier engaging in airtransportation under a certificate issued by the commission may occasionallydeviate from the route over which it is authorized to operate under thecertificate under rules adopted by the commission. [L Sp 2008, c 1, pt of §2]