HAR §19-133.5-14. Effective date

This chapter shall take effect ten days after it is filed with the lieutenant governor." [Eff 7/31/89; comp AUG 0 2 2021 ] (Auth: HRS §§286-17, 18) (Imp: HRS §286-28) 133.5 - 10 3408 Amendments to and compilation of Chapter 133.5, Title 19, Hawaii Administrative Rules, on the Summary Page Dated April 30, 2021 were adopted on April 30, 2021 following public hearings held on April 21, 2021 after notice was given in the Maui News on March 20, 2021, the Garden Island News, the Honolulu Star Advertiser, the Hawaii Tribune-Herald, and the West Hawaii Today on March 21, 2021. These rules shall take effect ten days after filing with the Office of the Lieutenant Governor. Jade T. Butay JADE T. BUTAY Director of Transportation APPROVED: David Y. Ige DAVID Y. IGE Governor State of Hawaii 7/23/21 Date: Filed: APPROVED AS TO FORM: Deputy Attorney General DUANE M. KOKESCH 21 JUL 23 AM 21 133.5 - 11 LIEUTENANT GOVERNOR'S OFFICE 3408 # STATE OF HAWAII DEPARTMENT OF TRANSPORTATION MOTOR VEHICLE SAFETY OFFICE # DISCRETIONARY WARNING NOTICE Dear Uniform standards and procedures governing periodic motor vehicle inspections are provided in §19-133.2, and 19-135, Hawaii Administrative Rules. Based upon an investigation on ____________ of the inspection station (station number ______) located at ________________________ and inspector (number __________), the following station infractions were committed: [List specific infractions, references to rules, ordinances or laws and dates. Provide written explanations to ensure that each specific infraction is clearly understood by the reader. Use pictures and additional pages as needed.] This letter serves as a Discretionary Warning Notice of the above infraction(s) and that repeated infractions are cause for suspension or revocation of the inspector's certificate or the inspection station permit. D.O.T. Representative or Agent Date: ________________________ 133.5 - 12 3408 # STATE OF HAWAII DEPARTMENT OF TRANSPORTATION MOTOR VEHICLE SAFETY OFFICE # NOTICE OF INFRACTION Dear _______________; | Station Infraction | Inspector Infraction | | --- | --- | | The Official Inspection Station having Station Number: _______________ ☐ is fined $ ______.00, ☐ it's permit is suspended for ______ (months/years), or ☐ it's permit is revoked. | The Certified Vehicle Inspector, employed at Inspector Number: _______________ ☐ is fined $ ______.00, ☐ his/her certification is suspended for ______ (months/years), or ☐ his/her certification is revoked. | The above action is based on the following infraction(s): | Date | Infraction Description | Rule reference | | --- | --- | --- | | | | | | | | | | | | | NOTE: List specific date, infraction description, and provision of the HAR violated. Provide written explanations to ensure that each specific infraction is clearly understood by the reader. Pictures and additional pages may be included as needed. Within ten calendar days following the receipt of this notice, the recipient must: (1) pay the fine, correct the infraction, and provide verification to the department; or (2) petition the department for a hearing to challenge the notice of infraction. 133.5 - 13 3408 D.O.T. Representative or Agent (Print name and sign) Date APPROVED: (Print name and sign) 133.5 - 14 3408 b6d/2 # STATE OF HAWAII DEPARTMENT OF TRANSPORTATION MOTOR VEHICLE SAFETY OFFICE # PETITION FOR HEARING TO: DIRECTOR OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HI 96813-5035 1. I, ___________________________ (Print Full Name and certificate #) of ___________________________ (Print Mailing Address and station #) whose telephone number is ___________________________, and whose place of employment is ___________________________ (Name, Address, County, Station Number) do hereby petition (within ten calendar days of being notified of infraction) for a hearing on the following infractions (designate each infraction you deny and explain why you deny it. Use additional pages as needed.): 2. The following are reasons why I am requesting a hearing. (Be specific and provide facts that support your position. Use additional pages, as needed). ___________________________ (Petitioner's Signature) (Date 133.5 - 15 3408 # STATE OF HAWAII DEPARTMENT OF TRANSPORTATION MOTOR VEHICLE SAFETY OFFICE NOTICE OF INTENT TO HOLD HEARING Docket No. MVSO - Date: Dear Re: In the Matter of Inspection Station or Safety Inspector [provide inspector or station name and number] Petition for Hearing on the Notice of infraction dated Pursuant to your Petition for Hearing dated , postmarked , and filed at the Department of Transportation on , please be informed that the HDOT intends to hold a hearing on this matter. You will be notified of the date, location and time of the hearing, after all arrangements for the hearing are made. The topic of this hearing will be the attached notice of infraction. Yours truly, Director of Transportation 133.5 - 16 408 # STATE OF HAWAII DEPARTMENT OF TRANSPORTATION MOTOR VEHICLE SAFETY OFFICE Notice of Hearing Docket No. MVSO - Date: Dear Re: [provide inspector name and number] Pursuant to your Petition for Hearing dated , postmarked , and filed at the Department of Transportation on , please be informed that a contested hearing will be held on the following date, time and place: Date: Time: Place: This hearing shall be conducted in accordance to Chapters 19-1 and 19-133.5, Hawaii Administrative Rules, and Chapter 91, Hawaii Revised Statutes. You will be afforded the opportunity to present evidence and arguments on all issues involved to a hearings officer who will make a written report of findings and conclusions upon which the Director of Transportation may affirm, modify, or reverse the action taken against you. For the Director of Transportation By: Date: 133.5 - 17 3408