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



(1)  A motor carrier's right to engage in
transportation by virtue of any certificate or permit may be suspended by the
commission immediately without hearing or other proceedings upon the carrier's
failure 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 any
lawful order of the commission; and



(2)  The commission shall revoke the certificate or
permit of a holder that knowingly and wilfully engages the services of a driver
not licensed under part XIII of chapter 286.



(b)  Upon written request by a motor carrier and
for good cause shown, the public utilities commission may place an active
certificate or permit in an inactive status.  The certificate or permit may be
placed on an inactive status for a period not exceeding twelve months.  Prior
to the termination of the approved inactive period, the certificate or permit
must be reactivated or it shall be declared abandoned and the certificate or
permit revoked.  The certificate or permit may be reactivated at any time
within 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 by
the commission.  Unless good cause is shown, no request to transfer a certificate
or permit which is on inactive status shall be approved by the commission.



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



(d)  A certificate or permit shall be revoked
upon the voluntary dissolution of the corporation or partnership in whose name
the certificate or permit has been issued.  Upon verification with the
department of commerce and consumer affairs on the voluntary dissolution of a
corporation or partnership, the commission shall issue an order with its
findings and revoke the certificate or permit held by the registered
certificate 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 codified
as §§271-5, 7, 9, 10, 36; 286-3, 16 to 18, 26, 201, 202, 203, 204, 205 to 216.