Hawaii Administrative Code

Notes Haw. Code R. §§ 16-605-42 to 16-605-46 Eff 1/1/2019

(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 orig…

(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,…

(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 tra…

No change may be made in any rate, fare, charge, classification, or sailing or in any rule, regulation, or practice affecting the rate, fare, charge, classification, or sailing, except upon forty-five days' notice of the proposed change filed with the commission and published and…

Notes Haw. Code R. §§ 16-605-50 to 16-605-55 Eff 1/1/2019

(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,…

(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. Notes Haw. Code R. § 16-605-57 [Eff 1…

(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 finan…

All books of accounts are to be recorded on the accrual basis, unless otherwise authorized by the commission. Notes Haw. Code R. § 16-605-59 [Eff 1/1/2019] (Auth: HRS §§ 269-6, 271G-7) (Imp: HRS §§ 269-6, 269-8.5, 271G-7, 271G-18)

(a) A water carrier may appoint an agent to file and publish a tariff or supplement in which the water carrier participates by executing a power of attorney in favor of the agent. The power of attorney must be in the form set forth in Appendix A. The agent must be an organization…

(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 sim…

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 …

(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 …

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 s…

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 …

Notes Haw. Code R. §§ 16-605-65 to 16-605-69 Eff 1/1/2019

Notes Haw. Code R. §§ 16-605-7 to 16-605-11 Eff 1/1/2019

(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…

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. Notes Haw. Code R. § 16-608-12 …

(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 accorda…

(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 req…

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;…

Notes Haw. Code R. §§ 16-608-16 to 16-608-20 Eff 1/1/2019

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. Notes Haw. Code R. § 16-608-2 [Eff 1/1/2019…

(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…

(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 mai…

(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; …

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 …

Notes Haw. Code R. §§ 16-608-25 to 16-608-29 Eff 1/1/2019

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. Notes Haw. Code R. § 16-608-3 [Eff 1/1/2019] (Auth: HRS §§ 91-2, 269-6, 269-15…

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 violat…

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 a…

(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 appli…

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. Notes Haw. Code R. § 16-608-33 [Eff 1/…

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…

(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 commissi…

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. Notes Haw. Code R. § 16-608-3…

Notes Haw. Code R. §§ 16-608-37 to 16-608-41 Eff 1/1/2019

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 appli…

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. Notes Haw. Cod…

Notes Haw. Code R. §§ 16-608-43 to 16-608-47 Eff 1/1/2019

(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, conte…

Notes Haw. Code R. §§ 16-608-49 to 16-608-53 Eff 1/1/2019

(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 decis…

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 c…

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…