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



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



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



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



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