§269-15  Commission may institute
proceedings to enforce chapter.  (a)  If the public utilities commission is
of the opinion that any public utility or any person is violating or neglecting
to comply with any provision of this chapter or of any rule, regulation, order,
or other requirement of the commission, or of any provisions of its franchise,
charter, or articles of association, if any, or that changes, additions,
extensions, or repairs are desirable in its plant or service to meet the
reasonable convenience or necessity of the public, or to insure greater safety
or security, or that any rates, fares, classifications, charges, or rules are
unreasonable or unreasonably discriminatory, or that in any way it is doing
what it ought not to do, or not doing what it ought to do, it shall in writing
inform the public utility or the person and may institute such proceedings
before it as may be necessary to require the public utility or the person to
correct any such deficiency.  In such event, the commission may by order direct
the director of commerce and consumer affairs to appear in such proceeding, to
carry out the purposes of this section.  The commission may examine into any of
the matters referred to in section 269-7, notwithstanding that the same may be within
the jurisdiction of any court or other body; provided that this section shall
not be construed as in any manner limiting or otherwise affecting the
jurisdiction of any such court or other body.



(b)  [2004 amendment repealed June 30,
2010.  L 2006, c 94, §1.]  In addition to any other remedy available, the
commission or its enforcement officer may issue citations to any person acting
in the capacity of or engaging in the business of a public utility within the
State, without having a certificate of public convenience and necessity or
other authority previously obtained under and in compliance with this chapter
or the rules adopted thereunder.



(1)  The citation may contain an order of abatement
and an  assessment of civil penalties as provided in section 269-28(c).  All
penalties collected under this subsection shall be deposited in the treasury of
the State.  Service of a citation issued under this subsection shall be made by
personal service whenever possible, or by certified mail, restricted delivery, sent
to the last known business or residence address of the person cited.



(2)  Any person served with a citation under this
subsection may submit a written request to the commission for a hearing, within
twenty days from the receipt of the citation, with respect to the violations
alleged, the scope of the order of abatement and the amount of civil penalties
assessed.  If the person cited under this subsection timely notifies the
commission of the request for a hearing, the commission shall afford an opportunity
for a hearing under chapter 91.  The hearing shall be conducted by the
commission or the commission may designate a hearings officer to hold the
hearing.



(3)  If the person cited under this subsection does
not  submit a written request to the commission for a hearing within twenty
days from the receipt of the citation, the citation shall be deemed a final
order of the commission.  The commission may apply to the appropriate court for
a judgment to enforce the provisions of any final order, issued by the
commission or designated hearings officer pursuant to this subsection,
including the provisions for abatement and civil penalties imposed.  In any
proceeding to enforce the provisions of the final order of the commission or
designated hearings officer, the commission need only show that the notice was
given, a hearing was held or the time granted for requesting the hearing has
run without such a request, and a certified copy of the final order of the
commission or designated hearings officer.



(4)  If any party is aggrieved by the decision of the
commission or the designated hearings officer, the party may appeal to the
intermediate appellate court, subject to chapter 602, in the manner provided
for civil appeals from the circuit court; provided that the operation of an
abatement order shall not be stayed on appeal unless specifically ordered by a
court of competent jurisdiction after applying the stay criteria  enumerated in
section 91-14(c).  The sanctions and disposition authorized under this
subsection shall be separate and in addition to all other remedies either civil
or criminal provided in any other applicable statutory provision.  The
commission may adopt rules under chapter 91 as may be necessary to fully
effectuate this subsection. [L 1913, c 89, §13; RL 1925, §2201; RL 1935, §7953;
RL 1945, §4714; RL 1955, §104-14; HRS §269-15; am L 1976, c 165, §6; am L 1982,
c 204, §8; am L 1983, c 124, §17; am L 1991, c 57, §10; am L 2004, c 202, §27]



 



Note



 



  The L 2004, c 202, §27 amendment to subsection (b) is
repealed on June 30, 2010.  L 2006, c 94, §1.



  L 2004, c 202, §82 provides:



  "SECTION 82.  Appeals pending in the supreme court as of
the effective date of this Act [July 1, 2006] may be transferred to the
intermediate appellate court or retained at the supreme court as the chief
justice, in the chief justice's sole discretion, directs."



 



Case Notes



 



  May institute proceedings before Shipping Board.  32 H. 127.



  Constitutional.  33 H. 890, aff'd 96 F.2d 412, aff'd 305 U.S.
306.



  Commission's duty to require compliance with federal law.  47
H. 1, 384 P.2d 536.



  Cited:  24 H. 136, 138, 140.