reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 2 - TARIFF FORMAT AND CONTENTS, SUPPLEMENT, RATES, SAILING SCHEDULE, TRANSFER OF TARIFFS, CHANGE IN WATER CARRIER'S LEGAL NAME › Section 16-605-19 - Lowest rate applicable

Current through June, 2024
(a) If a water
				carrier of property has a tariff containing classification or commodity rates,
				the water carrier must observe and incorporate the following rule in its
				tariff:
When a classification rate and a commodity rate are named
				  between specific points, the lower of the rates is the lawful rate, unless some
				  combination of classification rates or commodity rates or classification and
				  commodity rates makes an even lower rate, in which case the lowest rate or
				  combination of rates is the applicable rate,
(b) A water carrier of passengers must
				observe and incorporate the following rule in its tariff:
When a combination of fares makes a lower fare than the
				  published through fare, the combination is the lawful fare and must be applied.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 2 - TARIFF FORMAT AND CONTENTS, SUPPLEMENT, RATES, SAILING SCHEDULE, TRANSFER OF TARIFFS, CHANGE IN WATER CARRIER'S LEGAL NAME › Section 16-605-20 - Sailing schedules

Current through June, 2024
(a) The cargo
				sailing schedule, with departure and arrival dates and with time of departure
				and arrival, must be published in an appropriate section of each tariff. The
				publication does not alter the water carrier's duties with respect to the
				receipt and delivery of cargo as established by statutory or common
				law.
(b) The passenger sailing
				schedule with departure dates and times must be published in an appropriate
				section of each tariff
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 2 - TARIFF FORMAT AND CONTENTS, SUPPLEMENT, RATES, SAILING SCHEDULE, TRANSFER OF TARIFFS, CHANGE IN WATER CARRIER'S LEGAL NAME › Section 16-605-21 - Use of "all points"

Current through June, 2024
The term "all points" or similar terms may not be used in any
				  tariff to indicate the points from or to which fares apply.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 2 - TARIFF FORMAT AND CONTENTS, SUPPLEMENT, RATES, SAILING SCHEDULE, TRANSFER OF TARIFFS, CHANGE IN WATER CARRIER'S LEGAL NAME › Section 16-605-22 - Transfer of tariffs

Current through June, 2024
(a) When a
				certificate of public convenience and necessity or other operating right is
				transferred, the transferee carrier may adopt the tariffs and other instruments
				issued by or on behalf of the transferor carrier, if permitted by the
				commission's order authorizing the transfer of the operating rights. The
				transferee carrier shall file three copies of the adoption notice with the
				commission.
(b) Upon filing of the
				adoption notice with the commission, the transferee carrier shall serve a copy
				of the adoption notice on each agent that publishes a tariff containing rates
				or other provisions in which the transferor carrier participated.
(c) Upon filing of the adoption notice, the
				transferee carrier shall supplement or reissue each tariff issued by the
				transferor carrier indicating that the tariff has been adopted by the
				transferee carrier. The tariff supplement or reissue must be consistent with
				the commission order authorizing the transfer.
(d) If the transferee carrier elects not to
				adopt the tariffs issued by the transferor carrier, the transferee carrier
				shall file a temporary adoption notice and new tariffs not later than ten days
				after the effective date of the commission order authorizing the transfer of
				the operating authority. The new tariffs are effective forty-five days after
				their filing, unless suspended by the commission for a longer period.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 2 - TARIFF FORMAT AND CONTENTS, SUPPLEMENT, RATES, SAILING SCHEDULE, TRANSFER OF TARIFFS, CHANGE IN WATER CARRIER'S LEGAL NAME › Section 16-605-23 - Change in water carrier's legal name

Current through June, 2024
A water carrier that changes its legal name without a change
				  in ownership or control shall immediately notify the commission in writing of
				  the change and shall amend its tariffs to show the new name of the company. The
				  water carrier shall immediately provide written notification of the name change
				  to all agents who have issued tariffs in which the water carrier participates,
				  and the agents shall promptly amend the tariffs to change the name of the water
				  carrier. The tariff change must show the new name of the water carrier and its
				  former name; for example: "ABC Transportation, Inc. (formerly XYZ Water Carrier
				  Co.)."
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 2 - TARIFF FORMAT AND CONTENTS, SUPPLEMENT, RATES, SAILING SCHEDULE, TRANSFER OF TARIFFS, CHANGE IN WATER CARRIER'S LEGAL NAME › Section 16-605-24 to 16-605-29 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 3 - TARIFF CHANGE OR REVISION, GENERAL RATE INCREASE, TEMPORARY RATE INCREASE › Section 16-605-30 - Tariff changes or revisions

Current through June, 2024
(a) A water carrier
				desiring to publish and apply fares or rates and charges, sailing schedules, or
				rules or conditions different from those previously filed by the water carrier
				or its agent shall file an application for a tariff change in accordance with
				the applicable provisions of this chapter and chapter
				16-601. The carrier shall file the
				original and three copies of the application with the commission. The carrier
				shall include the following information in its application:
(1) Name of applicant (as shown on the
				certificate of public convenience and necessity) and address of principal
				office,-
(2) Complete and detailed
				description of the changes sought;
(3) All points or zones to and from which the
				changes are sought to be applied;
(4) Effective date of the changes;
				and
(5) Reasons for the
				changes.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 3 - TARIFF CHANGE OR REVISION, GENERAL RATE INCREASE, TEMPORARY RATE INCREASE › Section 16-605-31 - General rate increase - supporting documents and information

Current through June, 2024
(a) Any application for a tariff change that
				constitutes a request for a general rate increase must be preceded by a notice
				of intent to seek such change in conformance with section 16-601-85, except
				when the change is due to a fuel surcharge approved by the
				commission.
(b) The application
				described in subsection (a) must be accompanied by the following documents and
				information:
(1) Balance sheet and income
				statement for the prior calendar year;
(2) Latest available balance sheet that is
				not older than two months before the date of filing of the
				application;
(3) Income statement
				from January 1 through the date of the latest available balance
				sheet;
(4) Recorded actual results
				of operations for the prior calendar year;
(5) Depreciation schedule supporting the
				latest financial report and the projected results of operations;
(6) Projected results of operations for the
				test year as prescribed in subsection (c);
(7) Rate base computation, including property
				and equipment of related companies. The carrier shall include in the
				computation the beginning and ending balances for each of the following
				ratemaking components:
(A) Plant in service
				and accumulated depreciation;
(B)
				Materials and supplies inventory, working cash, and other additions to rate
				base;
(C) Deferred income taxes,
				investment tax credits, and other deductions to rate base; and
(D) Breakdown of related companies' property
				or equipment investment allocated to the carrier, such as tugs. For each
				investment of related companies, the carrier shall specifically identify the
				original cost, accumulated depreciation, and the basis of allocation;
(8) Schedule on computation of
				working cash;
(9) Summary of
				charter hire expenses paid by the water carrier to related companies by island
				and by month for the periods specified in section 16-605-31(e). The carrier
				shall identify in the exhibit the equipment or service provided by and the
				total expense paid to the related company;
(10) Schedule of operating revenues for all
				ports. The carrier shall indicate in the schedule, by port, the outbound and
				inbound tonnage for property carriers, the number of passengers for passenger
				carriers, and the outbound and inbound revenues. The carrier shall make
				available to the commission worksheets showing a breakdown for each port of the
				major descriptive categories with corresponding tonnage or numbers of
				passengers; and
(11) Written direct
				testimony, exhibits, and supporting workpapers justifying the requested general
				rate increase.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 4 - TARIFF - PROTEST, REJECTION, SUSPENSION AND INVESTIGATION › Section 16-605-38 - Protest of water carrier tariff change

Current through June, 2024
(a) Any proposed
				change to a tariff on file with the commission must be served in accordance
				with section 16-601-94 (c, except for applications to implement on less than
				statutory notice, which are governed by sections 16-605-41 and 16-601-112 The
				commission may require service on any other person, as it deems
				appropriate
(b) Protests must be
				filed within the time period specified in section 16-601-60, and shall comply
				with section 16-601-58.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 4 - TARIFF - PROTEST, REJECTION, SUSPENSION AND INVESTIGATION › Section 16-605-39 - Tariff - rejection

Current through June, 2024
The commission, at its discretion, may reject any proposed
				  tariff change if lawful notice of the proposed change has not been given or if
				  the proposed change fails to meet the requirements of the commission's rules or
				  violates any commission order.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 4 - TARIFF - PROTEST, REJECTION, SUSPENSION AND INVESTIGATION › Section 16-605-40 - Tariff - approval; suspension and investigation

Current through June, 2024
(a) Upon the
				filing of a tariff or tariff change, the commission may:
(1) Allow the tariff or tariff change, or any
				portion thereof, to take effect forty-five days after publication, filing, and
				posting of the proposed tariff or tariff change have all been completed, in
				accordance with this chapter; or
(2) Suspend the operation of the tariff or
				tariff change, or any portion thereof, for investigation. The commission may
				schedule and conduct a hearing to aid in its investigation of the justness and
				reasonableness of the proposed tariff or tariff change.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 4 - TARIFF - PROTEST, REJECTION, SUSPENSION AND INVESTIGATION › Section 16-605-41 - Short notice tariff filing

Current through June, 2024
(a) The commission
				may grant a request for a change or addition to tariffs on less than forty-five
				days' notice if it finds that an emergency exists and the applicant carrier has
				proven that any delay in implementing the change or addition will result in
				substantial damage to the carrier or its shipper. The carrier shall include in
				its application a full statement of the need for implementing the change or
				addition on less than forty-five days' notice.
(b) The carrier shall serve a copy of the
				application and request for short notice filing on the consumer advocate. The
				commission may require service on other parties, as it deems
				appropriate.
(c) The commission
				shall not take action on the application for at least three working days after
				service is made under subsection (b) so that parties can file protests or
				objections.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 5 - PAYMENT, SHIPPING DOCUMENTS, TICKETS › Section 16-605-47 - Payment of rates and charges for property carriage

Current through June, 2024
(a)
				Except as otherwise provided in this chapter, all lawful charges for the
				transportation of property shall be payable before the property is surrendered
				to the consignee or owner of the property or, for prepaid shipments, before the
				shipment is forwarded from the point of origin to the destination.
(b) Where proper and satisfactory credit
				arrangements are made to assure payment of a tariffed charge within the credit
				period specified in this subsection, a carrier may surrender possession of
				property before payment of the tariffed charges and may extend credit in the
				amount of the charges to the shipper, agent, or other person who undertakes to
				pay the charges (collectively, shipper) with payment to be received by the end
				of the following month, excluding Sundays and legal holidays.
(1) When the freight bill for a shipment is
				presented to the shipper on or before the date of delivery, the credit period
				starts from 12 o'clock midnight of the last day of the calendar month in which
				the freight is delivered.
(2) When
				the freight bill is not presented to the shipper on or before the date of
				delivery, the credit period starts at the first 12 o'clock midnight following
				the presentation of the bill.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 5 - PAYMENT, SHIPPING DOCUMENTS, TICKETS › Section 16-605-48 - Bills of lading and shipping documents

Current through June, 2024
(a) Unless
				otherwise provided, a water carrier of property, at the time of accepting a
				shipment, shall issue a freight receipt or bill of lading covering the
				shipment. In the freight receipt or bill of lading, the carrier shall itemize
				and clearly and fully describe the shipment, including its classification. The
				original freight receipts and bills of lading, when processed for billing, must
				include the name of the shipper, the name of the consignee, the date the
				shipment was received for transportation, point of origin and point of
				destination, a description of the shipment tendered, the weight or measurements
				of the shipment, or both, the rate charged for transportation and the basis of
				computation of the charges, and the signature of the shipper or its
				agent.
(b) All bills of lading must
				comply with article 7, chapter
				4 90,
				HRS, and the United States Carriage of Goods by Sea Act, 46 U.S.C. §§
				1300-1315.
(c) The carrier shall
				retain copies of all bills of lading, filed in chronological order, separate
				from all other records at its place of business within the State for at least
				five years. The carrier may retain the copies on microfilm, optical imaging, or
				any other method authorized by the commission. The carrier shall make hard
				copies of the bills of lading available to the commission or its
				representatives upon request.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 5 - PAYMENT, SHIPPING DOCUMENTS, TICKETS › Section 16-605-49 - Issuance of tickets to passengers for transportation and shipping documents for property accompanying passengers

Current through June, 2024
(a) A water carrier
				of passengers shall issue, at the time payment is received for passenger
				transportation accommodation, a receipt or ticket covering the purchased
				transportation service. The carrier shall clearly and fully itemize on the
				receipt or ticket the nature of the transportation.
(b) The carrier shall properly check and
				account for any baggage accepted for shipment aboard the ship in connection
				with a passenger's transportation. The carrier shall issue a receipt to the
				passenger for each piece of such baggage and mark the baggage with the point of
				origin, the destination, and the date of passage to facilitate identification
				when claimed by the passenger. Property, other than baggage transported in
				connection with passenger transportation aboard ships, must be accounted for by
				a freight receipt or bill of lading as specified in section 16-605-48. This
				subsection does not apply to any passenger carry-on baggage.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 6 - FINANCIAL AND STATISTICAL REPORTING › Section 16-605-56 - Financial and statistical reports

Current through June, 2024
(a) A water carrier
				shall file with the commission the following financial and statistical reports:
(1) A monthly financial and statistical
				report in the format prescribed by the commission on or before the last day of
				the month following the close of the previous calendar month, unless ordered or
				directed otherwise by the commission; and
(2) An annual financial and statistical
				report in the format prescribed by the commission by March 31 for the preceding
				calendar year.
The carrier shall serve a copy of its reports on the consumer
				  advocate.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 6 - FINANCIAL AND STATISTICAL REPORTING › Section 16-605-57 - Books of accounts

Current through June, 2024
(a) A water carrier
				shall maintain all books of accounts in accordance with the commission's
				USOA.
(b) Subdivisions of any USOA
				account may be kept, provided that such subdivisions do not impair the basic
				structure of the accounts prescribed.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 6 - FINANCIAL AND STATISTICAL REPORTING › Section 16-605-58 - Accounting period

Current through June, 2024
(a) A water carrier
				that keeps its books on a fiscal year basis shall notify the commission of its
				accounting period. Otherwise, books of account must be kept on a calendar year
				basis.
(b) Although a water carrier
				may keep its books on a fiscal year basis, it shall file its financial reports
				on a calendar year basis.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 6 - FINANCIAL AND STATISTICAL REPORTING › Section 16-605-60 - Supporting documentation

Current through June, 2024
(a) A water carrier
				shall make readily accessible to the commission for its review all ledgers,
				journals, and other books of accounts, including supporting records, documents,
				and memoranda.
(b) Revenues must be
				supported by bills of lading, invoices, cash receipts, and other similar
				documents.
(c) Expenditures must be
				supported by expense vouchers, payrolls, receipted bills, canceled checks,
				receipts for petty cash payments, or other evidence. Disbursements from working
				or petty cash funds, wherever practicable, must be supported by receipts from
				the persons furnishing the services or materials. If it is not practicable to
				obtain a receipt, the record must describe in sufficient detail the amount, the
				nature, and the reason for the disbursement.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 6 - FINANCIAL AND STATISTICAL REPORTING › Section 16-605-61 - Records to be maintained within the State

Current through June, 2024
A water carrier doing business in the State must keep within
				  the State all books of accounts and supporting data required by the commission.
				  No books of accounts and supporting data may be maintained outside the State
				  without prior commission approval.
If any books of account or supporting data are maintained
				  outside the State with or without the commission's approval, the water carrier
				  shall reimburse the commission for all actual costs incurred by the commission
				  in conducting an audit outside the State.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 6 - FINANCIAL AND STATISTICAL REPORTING › Section 16-605-62 - Preservation of records

Current through June, 2024
(a) A water carrier
				shall not destroy any books, memoranda, and any other documents that support
				entries to its accounts, except as provided for by this section or by the
				commission.
(b) A water carrier
				shall preserve the following records permanently:
(1) General and subsidiary ledgers, journals,
				and journal entries;
(2)
				Certificates or abstracts of title of fixed assets, accounting records that
				pertain to the acquisition of fixed assets used in the water carrier's
				regulated operations, and accounting records that show the date of acquisition,
				purchase price, and accumulated depreciation of fixed assets; and
(3) Capital stock records and minutes of
				directors, stockholders, and other corporate meetings.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 6 - FINANCIAL AND STATISTICAL REPORTING › Section 16-605-63 - Allocation of common expenses

Current through June, 2024
A water carrier that is also engaged in nonregulated business
				  shall allocate its common expenses between its regulated and nonregulated
				  business. It shall make the allocation following the commission's standards, or
				  if no commission standards are available, on the basis of time studies, usage,
				  per cent of revenues, or any other generally accepted method of allocation. In
				  addition, any expenses that may be allocated to the water carrier by affiliated
				  companies or by the carrier to affiliates, regardless of whether those
				  affiliates are regulated or unregulated, shall be supported by records that
				  clearly demonstrate an allocation method in compliance with the commission's
				  standards, or if no commission standards are available, on the basis of any
				  other generally accepted method of allocation.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 605 - WATER CARRIERS › Subchapter 6 - FINANCIAL AND STATISTICAL REPORTING › Section 16-605-64 - Depreciation

Current through June, 2024
In computing depreciation for book purposes, a water carrier
				  shall employ the straight-line method. The service lives of equipment, salvage
				  value, type, class of service, and all other pertinent factors must follow the
				  commission's guidelines, or, if no commission guidelines are available, the
				  Internal Revenue Service's depreciation guidelines.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-608-1 - Applicability; construction

Current through June, 2024
(a) This chapter
				governs violations of the regulatory law and prescribes procedures for
				investigating alleged violations or suspected violations of the regulatory law
				and for issuing citations to and imposing sanctions on any person violating,
				allegedly violating, or suspected of violating the regulatory laws.
(b) This chapter shall be liberally construed
				to provide adequate and continuous public utility, motor carrier, and water
				carrier services in the State.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-608-2 - Proceedings, generally

Current through June, 2024
The commission may commence:
(1) Investigative proceedings against any
				person violating, allegedly violating, or suspected of violating any regulatory
				law; and
(2) Enforcement
				proceedings against any person violating any regulatory law.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-608-3 - Application of additional sources

Current through June, 2024
This chapter shall be read in context with any
				  applicable:
(1) Federal law and
				regulation; and
(2) State law,
				commission order, and rule, including chapters
				269,
				271, and
				271G, HRS, and chapter
				16-601.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-608-4 - General definitions

Current through June, 2024
As used in this chapter, unless the context clearly requires
				  otherwise:
"Chairperson" means the commissioner designated by the
				  governor to be the chairperson of the commission.
"Citation" means a form used for citing persons allegedly
				  violating or suspected of violating any applicable regulatory law.
"Commission" means the public utilities commission of the
				  State, or the commission's duly authorized representative, which may include
				  the commission's hearings officer.
"Enforcement officer" means the same as in sections
				  269-1 and
				  271-4, HRS.
"Hearings officer" means a person appointed as such pursuant
				  to section
				  269-6,
				  HRS.
"HRS" means the Hawaii Revised Statutes.
"License" means the revocable permission to engage as a
				  public utility, motor carrier, or water carrier, issued by the commission to a
				  person pursuant to chapter
				  269,
				  271, or
				  271G, HRS, or any rule promulgated
				  pursuant to any of these chapters. It includes any certificate, permit, or
				  other document issued by the commission as proof of that permission. It
				  includes a conditional or temporary permission and any certificate, permit, or
				  other document issued by the commission as proof of the temporary
				  permission.
"Licensee" means the person in whose name the commission
				  issues a license.
"Motor carrier" means the same as in section
				  271-4, HRS.
"Person" includes any individual, firm, copartnership,
				  corporation, company, association, or joint stock association; and includes any
				  trustee, receiver, assignee, or personal representative thereof.
"Public utility" means the same as in section
				  269-1, HRS.
"Regulatory law" includes:
(1) Chapters
				  269,
				  271, and
				  271G, HRS, providing for the
				  regulation by the commission of public utilities, motor carriers, and water
				  carriers, and any other person subject to the commission's jurisdiction;
(2) Rules promulgated pursuant to any of these
				  chapters;
(3) Commission orders; and
(4) Terms, conditions, or limitations set forth in the
				  licensee's license.
"Respondent" includes:
(1) Any person cited by the commission or its enforcement
				  officer;
(2) Any person against whom the commission institutes an
				  investigation; or
(3) Any person against whom a complaint is made. "Restore" or
				  "restoration" means permission to resume business as a public utility, motor
				  carrier, or water carrier, granted by the commission to a person whose license
				  has been suspended.
"Rule" means the Hawaii Administrative Rules.
"State" means the State of Hawaii.
"Water carrier" means the same as in section
				  271G-5, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-608-5 - Separation of functions

Current through June, 2024
(a) The enforcement
				officer and any employee or agent of the commission who investigates, prepares,
				or presents a particular case may not, in the case or a factually related case:
(1) Participate in the case as a hearings
				officer; or
(2) Participate or
				advise in the initial decision or review of the initial decision by the
				commission, except as a witness or representative in public
				proceedings.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-608-6 - Computation of time

Current through June, 2024
Unless ordered or directed otherwise by the commission, in
				  computing any period of time specified under this chapter:
(1) The term "day" means a calendar
				day;
(2) The term "receipt,"
				"receive," or "received" means the actual receipt of the citation, payment,
				written request for civil citation hearing, or other document or thing at
				issue;
(3) The day of the act,
				event, or default shall not be included in the computation period;
				and
(4) The last day of the period
				so computed shall be included unless it is a Saturday, Sunday, or holiday, in
				which event the period runs until the end of the next business day which is not
				a Saturday, Sunday, or holiday. As used in this paragraph:
(A) The term "holiday" means any day
				designated as such by sections
				8-1 and
				8-2,
				HRS; and
(B) The term "end of the
				next business day" refers to the closing of the commission's Honolulu office
				for the day, normally at 4:30 p,m.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-608-7 - Severability clause

Current through June, 2024
If any provision of this chapter, or the application thereof
				  to any person or circumstance, is held invalid, the invalidity does not affect
				  other provisions or applications of this chapter which can be given effect
				  without the invalid provision or application, and to this end the provisions of
				  this chapter are severable.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 2 - COMPLAINT AND INVESTIGATION › Section 16-608-12 - Application of this subchapter nonexclusive

Current through June, 2024
Nothing in this subchapter shall be construed as limiting or
				  precluding the commission from using its civil or criminal enforcement
				  authority, or both, against any person violating, allegedly violating, or
				  suspected of violating any regulatory law.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 2 - COMPLAINT AND INVESTIGATION › Section 16-608-13 - Complaint

Current through June, 2024
(a) Unless ordered or directed otherwise by
				the commission, any complaint (informal or formal) against a public utility,
				water carrier, motor carrier, or other person subject to the commission's
				jurisdiction alleging a violation of any regulatory law shall be processed in
				accordance with chapter
				16-601.
(b) Whenever the commission is of the opinion
				that the complaint does not state reasonable grounds for investigation and
				action on the commission's part, the commission may dismiss the
				complaint.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 2 - COMPLAINT AND INVESTIGATION › Section 16-608-14 - Commission investigation

Current through June, 2024
(a) The commission
				may at any time investigate alleged or suspected violations of the regulatory
				law.
(b) The commission may issue
				to the respondent an order or notice instituting an investigation that may take
				the form of an order to show cause. The order to show cause shall require the
				respondent to appear before the commission on the date and at the time and
				place specified in the order.
(c)
				An order to show cause must conform to the notice and service requirements of
				sections
				91-9
				and
				91-9.5,
				HRS. The order shall be served upon the person concerned or other respondent,
				and the complainant, not less than two weeks before the date designated for the
				hearing.
(d) The order to show
				cause may include an order of abatement that requires the respondent to cease
				and desist from any present or future violations of the regulatory law or
				commission orders.
(1) The abatement order may
				be entered on the commission's initiative or by agreement between the
				commission and respondent, with or without a finding of a specific violation;
				and
(2) Failure to comply with a
				commission abatement order is a violation of the regulatory law separate from
				any underlying violation.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 2 - COMPLAINT AND INVESTIGATION › Section 16-608-15 - Commission investigation - default

Current through June, 2024
If the respondent fails to appear on the date and at the time
				  and place designated in the order to show cause, the commission may assume that
				  the facts alleged in the order are true, and, if the facts establish liability,
				  the commission:
(1) Will issue a final
				decision and order; and
(2) May
				impose the maximum amount of penalties and assessments allowed under the
				regulatory law.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 3 - CIVIL ENFORCEMENT - CITATION AND PENALTY › Section 16-608-21 - Civil citation

Current through June, 2024
(a) The commission
				or its enforcement officer may issue a civil citation to any person:
(1) Acting in the capacity of or engaging in
				the business of a public utility, motor carrier, or water carrier within the
				State, without having a license or other authority previously obtained from the
				commission, authorizing it to engage or conduct business as a public utility,
				motor carrier, or water carrier in the State; or
(2) Violating, allegedly violating, or
				suspected of violating any regulatory law.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 3 - CIVIL ENFORCEMENT - CITATION AND PENALTY › Section 16-608-22 - Civil penalty

Current through June, 2024
(a) The commission
				shall assess civil penalties in accordance with sections
				269-28, 211-21, or
				271G-19,
				HRS.
(b) Payment of a civil penalty
				shall be made:
(1) In-person, at the
				commission's Honolulu office; or
(2) By United States mail, postage pre-paid.
				If payment is made by mail, certified or registered mail is preferred.
If payment is made in-person, payment shall be by cash
				  (United States currency only), cashier's check, or money order. If payment is
				  made by United States mail, payment shall be by cashier's check or money order
				  only, No personal or business checks, credit cards, or any other methods of
				  payment will be accepted, regardless of the manner of payment (whether
				  in-person or by United States mail).
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 3 - CIVIL ENFORCEMENT - CITATION AND PENALTY › Section 16-608-23 - Civil citation - default

Current through June, 2024
(a) Failure of the
				respondent to appear:
(1) On the date and at
				the time and place designated in the citation for a preliminary appearance,
				pursuant to section 16-608-21(d); or
(2) On the date and at the time and place
				designated by the commission for a chapter
				91, HRS, hearing; constitutes a
				default.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 3 - CIVIL ENFORCEMENT - CITATION AND PENALTY › Section 16-608-24 - Final order

Current through June, 2024
The commission, attorney general, or any other authorized
				  person may apply to the appropriate court for a judgment to enforce the
				  provisions of any final order issued pursuant to this subchapter. In any
				  proceeding to enforce the provisions of the final order, the commission need
				  only:
(1) Show that notice, where
				required, was given, and that a hearing was held or the time for requesting a
				hearing expired without such a request; and
(2) Present a certified copy of the final
				order.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 4 - CIVIL ENFORCEMENT - CONDITION, LIMITATION, AMENDMENT, SUSPENSION, OR REVOCATION OF LICENSE › Section 16-608-30 - Application, of this subchapter nonexclusive

Current through June, 2024
Nothing in this subchapter shall be construed as limiting or
				  precluding the commission from using its civil citation (including the
				  assessment of civil penalties) or criminal enforcement authority, or both,
				  against any person violating, allegedly violating, or suspected of violating
				  any regulatory law.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 4 - CIVIL ENFORCEMENT - CONDITION, LIMITATION, AMENDMENT, SUSPENSION, OR REVOCATION OF LICENSE › Section 16-608-31 - Condition or limitation of license

Current through June, 2024
The commission, from time to time, may impose reasonable
				  conditions or limitations on a previously granted license:
(1) In accordance with section
				269-7.5(b),
				HRS, for a public utility;
(2) In
				accordance with section
				271-12(d),
				HRS, for a common carrier by motor vehicle;
(3) In accordance with section
				271-13(c),
				HRS, for a contract carrier by motor vehicle; and
(4) In accordance with section
				269-20(c),
				HRS, for a water carrier.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 4 - CIVIL ENFORCEMENT - CONDITION, LIMITATION, AMENDMENT, SUSPENSION, OR REVOCATION OF LICENSE › Section 16-608-32 - Amendment, suspension, or revocation of license

Current through June, 2024
(a) In
				accordance with section
				269-7.5(d),
				HRS, the commission may amend, suspend, or revoke the license of a public
				utility, in whole or in part, after notice and hearing, for the wilful
				violation of any regulatory law; provided that the commission may, upon the
				licensee's application and the commission's discretion, amend, suspend, or
				revoke the license of a public utility, in whole or in part, without a
				hearing.
(b) In accordance with
				section
				271-19(a),
				HRS, the commission may suspend or revoke the license of a motor carrier, in
				whole or in part, after notice and hearing, for the violation of any regulatory
				law; provided that the commission may:
(1)
				Upon the licensee's application and the commission's discretion, amend or
				revoke the license of a motor carrier, in whole or in part, without a
				hearing;
(2) Immediately suspend
				the license of a motor carrier, without a hearing, upon the motor carrier's
				failure to comply with:
(A) Section
				271-17,
				271-21(a),
				or
				271-22(a),
				HRS;
(B) Act 20, Special Session
				Laws of Hawaii 1977 and any amendments thereto; or
(C) Any commission order.
Any summary suspension imposed pursuant to this paragraph
				  shall continue until the carrier complies with the applicable provision or
				  order;
(3) Without
				notice or hearing, revoke the license of a motor carrier that has been placed
				on inactive status if the carrier does not reactivate the license on or before
				the last day of the approved period of inactivity; or
(4) Without notice or hearing, revoke the
				license of a motor carrier if the motor carrier is a corporation or
				partnership, and the corporation or partnership has voluntarily dissolved.
				Before revoking the license, the commission shall:
(A) Verify the voluntary dissolution with the
				state department of commerce and consumer affairs; and
(B) Issue an order stating its
				findings.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 4 - CIVIL ENFORCEMENT - CONDITION, LIMITATION, AMENDMENT, SUSPENSION, OR REVOCATION OF LICENSE › Section 16-608-33 - Activity during limitation or suspension

Current through June, 2024
The commission may institute proceedings to permanently
				  revoke the license of any licensee who violates the commission's order of
				  limitation or suspension. The licensee is subject to all penalties prescribed
				  by the applicable regulatory law.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 4 - CIVIL ENFORCEMENT - CONDITION, LIMITATION, AMENDMENT, SUSPENSION, OR REVOCATION OF LICENSE › Section 16-608-34 - Restoration of suspended license

Current through June, 2024
Unless ordered or directed otherwise by the commission, a
				  person whose license is suspended by the commission may apply for restoration
				  of the license upon complete compliance with:
(1) The applicable regulatory law that the
				commission determined the licensee had violated; and
(2) All terms and conditions imposed by the
				order of suspension.
The application for restoration of license must be
				  accompanied by all applicable fees and assessments, including any assessment of
				  civil penalties.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 4 - CIVIL ENFORCEMENT - CONDITION, LIMITATION, AMENDMENT, SUSPENSION, OR REVOCATION OF LICENSE › Section 16-608-35 - Revoked license - application for new license

Current through June, 2024
(a) Unless ordered
				or directed otherwise by the commission, a person whose license has been
				revoked by the commission may apply for a new license by filing an application
				and complying with all requirements for new applicants in effect at the time of
				the application. The commission may waive any or all requirements if it is
				satisfied:
(1) Upon review of the
				documentation submitted by the applicant whose license had been previously
				revoked, that the applicant has maintained its fitness and ability to provide
				the service; and
(2) That the
				public convenience and necessity require the proposed
				service.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 4 - CIVIL ENFORCEMENT - CONDITION, LIMITATION, AMENDMENT, SUSPENSION, OR REVOCATION OF LICENSE › Section 16-608-36 - Interim orders

Current through June, 2024
The commission may issue an interim order that temporarily
				  disposes of issues in a civil enforcement proceeding after notice to the
				  respondent. The order remains in effect until final commission action, unless
				  otherwise provided in the interim order.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 4 - CIVIL ENFORCEMENT - CONDITION, LIMITATION, AMENDMENT, SUSPENSION, OR REVOCATION OF LICENSE › Section 16-608-37 to 16-608-41 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 5 - SETTLEMENT OF CIVIL VIOLATION › Section 16-608-42 - Settlement of civil violation

Current through June, 2024
The commission, at its discretion, may enter into discussions
				  or negotiations and reach an agreement with a respondent to settle any civil
				  violation of a regulatory law. A settlement agreement is not binding on the
				  commission until it is approved by the commission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 608 - INVESTIGATION AND ENFORCEMENT OF LAWS GOVERNING PUBLIC UTILITIES, MOTOR CARRIERS, AND WATER CARRIERS › Subchapter 6 - CRIMINAL ENFORCEMENT › Section 16-608-48 - Criminal citation

Current through June, 2024
(a) When criminal
				enforcement is authorized by law, the commission or its enforcement officer may
				issue a criminal citation to any person violating, allegedly violating, or
				suspected of violating any regulatory law for which the criminal enforcement is
				authorized. The form, content, and service of the criminal citation shall be as
				adopted or prescribed by the district courts of the State.
(b) The procedure for contesting and
				enforcing a criminal citation shall be as adopted or prescribed by the
				jurisdictional courts of the State.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1 - GENERAL PROVISIONS › Section 17-1-2 - Definitions

Current through June, 2024
As used in this chapter:
"Agency" means any office, board, or commission of the state
				  government which is assigned to the department for administrative purposes
				  only.
"Department" means the department of human services.
"Director" means the director or deputy directors of the
				  department.
"Division" means a major organization segment of the
				  department.
"Program" means a combination of resources and activities
				  designed to achieve an objective or objectives of the department's vocational
				  rehabilitation and services for the blind division, family and adult services
				  division, med-QUEST division, and self sufficiency and support services
				  division.
"Rule" shall be as defined in section
				  91-1,
				  HRS.