§271-19  Suspension, change, and revocationof certificates and permits.  (a)  Certificates and permits shall beeffective from the date specified therein, and shall remain in effect untilsuspended or terminated as herein provided.  Any certificate or permit, uponapplication of the holder thereof, in the discretion of the public utilitiescommission, may be amended or revoked, in whole or in part.  The commission,upon complaint or upon its own initiative, after notice and hearing, maysuspend or revoke any certificate or permit, in part or in whole, if the holderthereof is found to be in violation of any of the provisions of this chapter;provided that:

(1)  A motor carrier's right to engage intransportation by virtue of any certificate or permit may be suspended by thecommission immediately without hearing or other proceedings upon the carrier'sfailure to comply, and until the carrier complies with sections 271-21(a),271-22(a), 271-17 or Act 20, Special Session Laws of Hawaii 1977, or with anylawful order of the commission; and

(2)  The commission shall revoke the certificate orpermit of a holder that knowingly and wilfully engages the services of a drivernot licensed under part XIII of chapter 286.

(b)  Upon written request by a motor carrier andfor good cause shown, the public utilities commission may place an activecertificate or permit in an inactive status.  The certificate or permit may beplaced on an inactive status for a period not exceeding twelve months.  Priorto the termination of the approved inactive period, the certificate or permitmust be reactivated or it shall be declared abandoned and the certificate orpermit revoked.  The certificate or permit may be reactivated at any timewithin the approved period by fulfilling the requirements for renewal,including the payment of the appropriate fees.  No request for inactive status,the cumulative period of which is in excess of two years, shall be granted bythe commission.  Unless good cause is shown, no request to transfer a certificateor permit which is on inactive status shall be approved by the commission.

(c)  No person whose certificate or permit isrevoked shall be eligible to apply for a new certificate or permit until theexpiration of two years; provided that a person whose certificate or permit isrevoked for knowingly and wilfully engaging the services of a driver notlicensed under part XIII of chapter 286 shall not be eligible to apply for anew certificate or permit until the expiration of five years.

(d)  A certificate or permit shall be revokedupon the voluntary dissolution of the corporation or partnership in whose namethe certificate or permit has been issued.  Upon verification with thedepartment of commerce and consumer affairs on the voluntary dissolution of acorporation or partnership, the commission shall issue an order with itsfindings and revoke the certificate or permit held by the registeredcertificate or permit holder. [L 1961, c 121, pt of §2; Supp, §106C-17; HRS§271-19; am L 1978, c 66, §2; am L 1982, c 204, §8; am L 2004, c 199, §1]

 

Note

 

  Act 20, Sp L 1977, referred to in subsection (a) is codifiedas §§271-5, 7, 9, 10, 36; 286-3, 16 to 18, 26, 201, 202, 203, 204, 205 to 216.