HAR §19-122.5-14. Repeal

All rules and regulations relating to and governing the suspension, revocation, or cancellation of commercial driver's licenses and permits in effect prior to the effective date of this chapter are repealed. [Eff and comp NOV 30 2002] (Auth: HRS §§286-241.4, 286-246) (Imp: HRS §286-241.4) 122.5-5 2 5 0 2 = Amendments to and compilation of Chapter 122.5, Title 19, Hawaii Administrative Rules, on the Summary Page dated October 10, 2002 were adopted on October 10, 2002 following public hearings held on September 24 and 26, 2002, after public notice was given in the Honolulu Star-Bulletin, The Maui News, The Garden Island News, The Hawaii Tribune-Herald and The West Hawaii Today on August 11, 2002. They shall take effect ten days after filing with the Office of the Lieutenant Governor. Brian K. Minaai BRIAN K. MINAAI Director of Transportation Benjamin J. Cayetano BENJAMIN J. CAYETANO Governor State of Hawaii Dated: 11-19-02 NOV 20 2002 Filed APPROVED AS TO FORM: Waye A. M. Deputy Attorney General '02 NOV 20 A9:41 LIEUTENANT GOVERNOR'S OFFICE 2 5 0 2 1/1/01 COUNTY OF _________ EXAMINER OF DRIVERS # NOTICE OF DISQUALIFICATION Dear You are hereby notified that effective _________, 20__, your commercial driver's ___ license ___ permit is disqualified. Section 286-241.4, Hawaii Revised Statutes, gives the County Examiner of Drivers authority to suspend, revoke or cancel a commercial driver's license or permit and requires the holder to surrender the commercial driver's license or permit at a location designated by the Examiner of Drivers. Your commercial driver's license or permit must be turned in at: This action is being taken for the following reason(s): Your commercial driver's license or permit has been ___ suspended ___ revoked ___ cancelled permanently, or for a period of _________, to end on _________. If you disagree with this action, you have a right to a hearing before the Hearing Officer(s). A written request for such a hearing must be filed with the Examiner of Drivers within ten calendar days from the date of this notice. You are presumed to have received it five days after the date on the notice. Further, appeals from the decision of the Hearing EXHIBIT A 1 2502 1/1/01 Officer(s) may be made to the circuit court as provided in Chapter 91, Hawaii Revised Statutes. Failure to surrender your commercial driver's license or permit within three days of receipt of the Notice of Disqualification may result in fines and other penalties. Examiner of Drivers or Agent Date License or permit was surrendered by driver ___. Examiner of Drivers or Agent Date EXHIBIT A 2 2 502 5/1/92 COUNTY OF _________ # PETITION FOR HEARING TO: Examiner of Drivers: Street Address County, State, Zip 1. I, ________________________________ (Name) of ________________________________ (Address) whose telephone number is ________, and whose place of employment is ________________________, do hereby petition for a hearing on ____________ (designate specific order by which you are aggrieved) 2. My commercial driver's license or permit should not be disqualified for the following reason(s): (Petitioner's Signature) EXHIBIT B 2 502= 5/1/92 COUNTY OF ____________ Case #____________ Dear NOTICE OF HEARING ON ________________________ Pursuant to your request for a hearing dated ____________, please be informed that the hearing will be held on the following date, time and place: Date: ________________________ Time: ________________________ Place: ________________________ ________________________ ________________________ This hearing shall be conducted in accordance to Chapter 19-122.5, Hawaii Administrative Rules and Chapter 91, Hawaii Revised Statutes. You may retain counsel if so desired, and will be afforded the opportunity to present evidence and arguments on all issues involved. For the Examiner of Drivers By: ________________________ Date:________________________ EXHIBIT C 2502 1/1/01 COUNTY OF ____________ EXAMINER OF DRIVERS CASE#____________ IN THE MATTER OF THE ACCUSATION ) AGAINST ) ) ) ) ) ) CDL # _________________________ ) _________________________ ) FINDINGS, CONCLUSIONS OF LAW, DECISION AND ORDER The above entitled matter having been heard before the Hearing Officer(s) of the County of _______ Examiner of Drivers, State of Hawaii, on the _______ day of __________, 20__ and the Hearing Officer(s) having heard and considered all relevant evidence on the petition, finds that: 1. The above named person has a valid commercial driver's license or permit and is afforded all privileges associated with driving a commercial motor vehicle. 2. The above named person was represented by ________________________ at the hearing. 3. The above named person was charged with the following (specify the nature and date(s) of the offense(s): EXHIBIT D 1 2 5 0 2 1/1/01 4. The above named person entered an answer of: __Admission __Denial __No Contest 5. The evidence presented before the Hearing Officer(s) __ did or __ did not substantiate the charge(s) as specified in the above. # CONCLUSION OF LAW 1. That this Officer(s) has jurisdiction over the licensee or permittee and the subject matter herein pursuant to Chapter 286, Hawaii Revised Statutes and Chapter 19-122.5, Hawaii Administrative Rules governing the suspension, revocation and cancellation of commercial driver's licenses and permits. 2. The above named person __ did or __ did not violate provisions of the Hawaii Revised Statutes or the Hawaii Administrative Rules. EXHIBIT D 2 2 5 0 2 1/1/01 COUNTY OF _________ EXAMINER OF DRIVERS # DECISION AND ORDER It is the decision of this Hearing Officer(s) that the licensee or permittee, _________, ___ has ___ has not violated Chapter ___ of the Hawaii Revised Statutes and/or Chapter 19-122.5 of the Hawaii Administrative Rules governing the licensing of commercial drivers. It is therefore ORDERED: ( ) That the ___ Licensee ___ Permit Holder is assessed a penalty of ___ days ___ months ___ years ___ suspension, ___ revocation, ___ cancellation to end on _________, 20__. ( ) That the ___ Licensee ___ Permit Holder was found not committed of the violation(s) charged. Dated at Honolulu, Hawaii this ___ day of _________, 20__. I do hereby certify that the foregoing is a full, true and correct copy of the original on file at the Department of Finance. HEARING OFFICER(S) EXAMINER OF DRIVERS 869 Punchbowl Street Honolulu, Hawaii 96813 For the Director For the Director EXHIBIT E 1 2 50 2 1/1/01 A certified copy of the foregoing Findings and Conclusions of Law, Decision and Order received: By____________________ Title____________________ Date____________________ I hereby certify that the foregoing Order was served: Signed:____________________ Title____________________ Date____________________ EXHIBIT E 2 2562