§269-7  Investigative powers.  (a)  Thepublic utilities commission and each commissioner shall have power to examineinto the condition of each public utility, the manner in which it is operatedwith reference to the safety or accommodation of the public, the safety,working hours, and wages of its employees, the fares and rates charged by it,the value of its physical property, the issuance by it of stocks and bonds, andthe disposition of the proceeds thereof, the amount and disposition of itsincome, and all its financial transactions, its business relations with otherpersons, companies, or corporations, its compliance with all applicable stateand federal laws and with the provisions of its franchise, charter, andarticles of association, if any, its classifications, rules, regulations,practices, and service, and all matters of every nature affecting the relationsand transactions between it and the public or persons or corporations.

(b)  The commission may investigate any personacting in the capacity of or engaging in the business of a public utilitywithin the State, without having a certificate of public convenience andnecessity or other authority previously obtained under and in compliance withthis chapter or the rules promulgated under this chapter.

(c)  Any investigation may be made by thecommission on its own motion, and shall be made when requested by the publicutility to be investigated, or by any person upon a sworn written complaint tothe commission, setting forth any prima facie cause of complaint.  A majorityof the commission shall constitute a quorum. [L 1913, c 89, §5; RL 1925, §2193;RL 1935, §7945; RL 1945, §4706; RL 1955, §104-6; HRS §269-7; am L 1991, c 57,§5]

 

Case Notes

 

  Shipping from port to port in Territory is interstatecommerce.  Commission has no jurisdiction to regulate rates and charges ofcommon carrier by water in interstate commerce for transportation of personsand property from port to port.  24 H. 136.

  Not repealed by Shipping Board Act (Sept. 7, 1916, 39 Stat.451).  32 H. 127.

  To establish rate basis, fix fair rate.  33 H. 487.

  Interisland shipping.  33 H. 890, aff'd 96 F.2d 412, aff'd305 U.S. 306.

  Duty to require compliance with federal law.  47 H. 1, 384P.2d 536.

  PUC may dismiss complaint without a hearing orinvestigation.  64 H. 289, 639 P.2d 1103.