§269-15  Commission may instituteproceedings to enforce chapter.  (a)  If the public utilities commission isof the opinion that any public utility or any person is violating or neglectingto 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 thereasonable convenience or necessity of the public, or to insure greater safetyor security, or that any rates, fares, classifications, charges, or rules areunreasonable or unreasonably discriminatory, or that in any way it is doingwhat it ought not to do, or not doing what it ought to do, it shall in writinginform the public utility or the person and may institute such proceedingsbefore it as may be necessary to require the public utility or the person tocorrect any such deficiency.  In such event, the commission may by order directthe director of commerce and consumer affairs to appear in such proceeding, tocarry out the purposes of this section.  The commission may examine into any ofthe matters referred to in section 269-7, notwithstanding that the same may be withinthe jurisdiction of any court or other body; provided that this section shallnot be construed as in any manner limiting or otherwise affecting thejurisdiction 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(b)  [2004 amendment repealed June 30,2010.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, thecommission or its enforcement officer may issue citations to any person actingin the capacity of or engaging in the business of a public utility within theState, without having a certificate of public convenience and necessity orother authority previously obtained under and in compliance with this chapteror the rules adopted thereunder.

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

(2)  Any person served with a citation under thissubsection may submit a written request to the commission for a hearing, withintwenty days from the receipt of the citation, with respect to the violationsalleged, the scope of the order of abatement and the amount of civil penaltiesassessed.  If the person cited under this subsection timely notifies thecommission of the request for a hearing, the commission shall afford an opportunityfor a hearing under chapter 91.  The hearing shall be conducted by thecommission or the commission may designate a hearings officer to hold thehearing.

(3)  If the person cited under this subsection doesnot  submit a written request to the commission for a hearing within twentydays from the receipt of the citation, the citation shall be deemed a finalorder of the commission.  The commission may apply to the appropriate court fora judgment to enforce the provisions of any final order, issued by thecommission or designated hearings officer pursuant to this subsection,including the provisions for abatement and civil penalties imposed.  In anyproceeding to enforce the provisions of the final order of the commission ordesignated hearings officer, the commission need only show that the notice wasgiven, a hearing was held or the time granted for requesting the hearing hasrun without such a request, and a certified copy of the final order of thecommission or designated hearings officer.

(4)  If any party is aggrieved by the decision of thecommission or the designated hearings officer, the party may appeal to theintermediate appellate court, subject to chapter 602, in the manner providedfor civil appeals from the circuit court; provided that the operation of anabatement order shall not be stayed on appeal unless specifically ordered by acourt of competent jurisdiction after applying the stay criteria  enumerated insection 91-14(c).  The sanctions and disposition authorized under thissubsection shall be separate and in addition to all other remedies either civilor criminal provided in any other applicable statutory provision.  Thecommission may adopt rules under chapter 91 as may be necessary to fullyeffectuate 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) isrepealed on June 30, 2010.  L 2006, c 94, §1.

  L 2004, c 202, §82 provides:

  "SECTION 82.  Appeals pending in the supreme court as ofthe effective date of this Act [July 1, 2006] may be transferred to theintermediate appellate court or retained at the supreme court as the chiefjustice, 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.  47H. 1, 384 P.2d 536.

  Cited:  24 H. 136, 138, 140.