Bill Text: HI HB2349 | 2018 | Regular Session | Amended
Bill Title: Relating To Citations For Motor Vehicle Repair Violations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-06-06 - Act 023, 06/04/2018 (Gov. Msg. No. 1123). [HB2349 Detail]
Download: Hawaii-2018-HB2349-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2349 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO CITATIONS FOR MOTOR VEHICLE REPAIR VIOLATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter
437B, Hawaii Revised Statutes, is amended by adding a new section to be
appropriately designated and to read as follows:
"§437B- Citation
for licensee violations; fines. (a) In addition to any other remedy available
under this chapter, the department may issue a citation to any person who holds
a motor vehicle repair dealer or motor vehicle mechanic license for any of the
following violations of this chapter or the rules adopted pursuant to this
chapter and chapter 91:
(1) Failure of a motor vehicle repair
dealer to conspicuously display the dealer's licensure certificate or
certification certificate in the dealer's place of business;
(2) Failure of a motor vehicle repair
dealer to conspicuously place a board-approved sign in all the dealer's motor
vehicle repair locations; or
(3) Failure of a motor vehicle mechanic to
carry or have readily available for inspection the pocket card provided to the
motor vehicle mechanic by the department.
(b)
Each citation:
(1) Shall be in writing and describe the
basis of the citation, including the specific statute or rule violated;
(2) May contain an order of abatement and
the assessment of a fine in the amount of $250 for each violation by a motor
vehicle repair dealer and a fine in the amount of $100 for each violation by a
motor vehicle mechanic;
(3) Shall be served on the licensee by
personal service; and
(4) Shall inform the licensee that the
licensee may submit a written request to the board or its designee for a
hearing to contest the citation, within twenty calendar days from the service
of the citation.
(c)
If the licensee timely submits a written request to the board or its
designee for a hearing, the board may designate a hearings officer to conduct
the hearing in accordance with chapter 91.
(d)
If the licensee does not timely submit a written request to the board or
its designee for a hearing, the citation shall be deemed a final order of the
board.
(e)
Failure of a licensee to pay any assessed fine within thirty calendar
days, unless the licensee contests the citation, may result in further
disciplinary action taken by the board."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2018.
Report Title:
Citations; Motor Vehicle Repair Dealers; Motor Vehicle Mechanics; Violations; Fines
Description:
Authorizes the issuance of a citation for specific violations of the motor vehicle repair laws and rules by licensees. Sets forth a process for licensees to contest the citation and provides for the assessment of fines for each violation. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
