HAR §20-26-74. Enforcement; citations

An authorized agent or law enforcement officer shall have the power(s) to issue a citation for any violation of the provisions of this chapter: (1) Law enforcement officer(s) may use a form of citation that is authorized for use for violations of Hawai'i Administrative Rules, ordinances, or Hawai'i Revised Statutes; (2) In every case when a citation is issued, a copy of the same shall be given to the violator or in the case of a parking, standing, or stopping violation a copy of the same shall be affixed to the vehicle, as provided in paragraph (5); (3) Every citation shall be consecutively numbered and each copy shall bear the number of its respective origin; (4) Whenever a vehicle is in violation of any provision, other than a parking, standing, or stopping provision, of this chapter, any law enforcement officer and any authorized agent shall take the name, address and driver's license number of the alleged violator and the license plate number of the vehicle or vehicle identification number of the vehicle involved, and shall issue to the alleged violator in writing a citation, notifying the alleged violator to answer to the citation in writing at the address provided and by the date indicated; and (5) Whenever any motor vehicle is parked, 26-31 §20-26-74 standing, or stopped in violation of this chapter, an authorized agent or the law enforcement officer finding the vehicle shall conspicuously affix to the vehicle a citation. The citation shall be addressed to the registered owner of the vehicle, but need not identify the registered owner by same, so long as the citation identifies the vehicle by its license plate number or vehicle identification number. The citation shall instruct the registered owner to answer to the citation in writing at the address provided and by the date indicated. The registered owner of a vehicle shall be responsible and accountable for the illegal parking, standing, or stopping of the vehicle when: (A) The registered owner committed the illegal parking, standing, or stopping of the vehicle; or (B) Another person committed the illegal parking, standing, or stopping of the vehicle, but the registered owner gave the person explicit or implicit permission to use the vehicle at the time of the violation. In any proceeding for violation of a parking, standing, or stopping provision of this chapter, the license plate number or vehicle identification number of the parked, standing, or stopped vehicle shall constitute prima facie evidence that the registered owner of the vehicle was responsible and accountable for the illegal parking, standing, or stopping of the vehicle. [Eff JAN 2 3 2020 ] (Auth: HRS §304A-1903) (Imp: HRS §§304A-103, 304A-105, 304A-1903) 26-32 3 3 58 §20-26-75 §20-26-75 Appea1s process, information requests and submittals, and petitions for dec1aratory rulings. (a) Requests for informal and formal appeals shall be submitted in writing on a form to be provided by the president. These forms shall be made available by the president at OMKM's office and on OMKM's website. (b) Practice and procedure for informal and formal appeals: (1) Informal procedures. A person who believes that they have received a citation in error, whose vehicle was removed by an authorized agent, or who disagrees with a written decision by the president may file a written request for an informal review with the president within fifteen (15) days of the issuance of the citation, the removal of the vehicle, or the president's written decision. Upon review of the written request, the president shall issue a written decision that shall be final and binding. No further appeal is allowed. (2) Formal procedures. Instead of an informal review, a person who believes that they have received a citation in error or who disagrees with a written decision by the president may file a written request for a formal review with the president within fifteen (15) days of the issuance of the citation or the president's written decision. The person shall be afforded an opportunity for hearing after reasonable notice as provided by chapter 91, Hawai'i Revised Statutes. The hearing under this section shall be treated as a contested case hearing under chapter 91, Hawai'i Revised Statutes, and shall be conducted in accordance with the statutory requirements for contested case hearings, as follows: (A) The hearing shall be conducted by the president or a hearing officer appointed by the president; (B) Upon receipt of a written request for a 26-33 §20-26-75 formal hearing, the president or the hearing officer shall issue a written notice, which notice shall include a statement of: (i) The date, time, place, and nature of hearing; (ii) The legal authority under which the hearing is to be held; (iii) The particular sections of the statutes, rules, and procedures involved; (iv) An explicit statement in plain language of the issues involved and the facts alleged by the authorized agent or law enforcement officer issuing the citation in support thereof, provided that if the president or the hearing officer is unable to state the issues and facts at the time the notice is served, the initial notice may be limited to a statement of the issues involved, and thereafter upon application a bill of particulars shall be furnished; and (v) The fact that any party may retain counsel if so desired. The written notice of hearing shall be provided to all parties to the proceeding at least fifteen (15) days before the hearing; (C) Opportunity shall be afforded each party to present evidence and argument on all issues involved. Every party shall have the right to conduct a cross-examination as may be required for a full and true disclosure of the facts and shall have the right to submit rebuttal evidence; (D) Any procedure in a contested case may be modified or waived by stipulation of 26-34 §20-26-75 the parties and informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default; (E) For the purpose of preserving a record of the proceedings before the president or the hearing officer, the proceedings shall be either tape-recorded or recorded verbatim by a certified shorthand reporter. It shall not be necessary to transcribe the record unless requested for purposes of rehearing or court review; (F) Within a reasonable time following the closure of the hearing on the contested case, the president or the hearing officer shall prepare findings of fact and conclusions of law, and a decision on the case. The proposed findings, conclusions, and decision shall be served on the parties. A party may file written exceptions and present written or oral arguments to the president or the hearing officer. Any exceptions and written arguments shall be filed not more than fifteen (15) days from the date of the proposed decision with the president; (G) In rendering the final decision, the president shall consider the whole record of the contested case or the portions thereof as may be cited by the parties. No matters outside the record shall be considered in making a decision, except as provided in this chapter; (H) Every decision and order adverse to a party to the proceeding shall be in writing or stated in the record and shall be accompanied by separate findings of fact and conclusions of law. Parties to the proceedings shall 26-35 ,, 3 58 Wi!J §20-26-75 be notified by delivering or mailing a certified copy of the decision and order and accompanying findings and conclusions within a reasonable time to each party; (I) If a party does not appear at the date, time, and place appointed for the hearing, either before the president or the hearing officer, the party may be denied another hearing on the matter; and (J) Judicial appeals from the final decision of the president in a contested case under this chapter shall be in accordance with chapter 91, Hawai'i Revised Statutes. (c) The public may obtain information or make submittals or requests relative to this chapter by addressing a letter to the president. (d) Petitions for declaratory rulings as to the applicability of any statutory provision concerning this chapter shall be in the form of a letter to the president stating the interest of the petitioner in the matter, the reasons for requesting the ruling and the specific nature of the ruling being requested. The president shall render in writing a declaratory ruling or other order disposing of the matter. [Eff JAN 2 3 2020 ] (Auth: HRS §304A-1903) (Imp: HRS §§304A-103, 304A-105, 304A-1903) §20-26-76 Enforcement and stay of final decision. (a) Unless otherwise stated in a final decision, payment and performance of all administrative fines, other monetary assessments, and non-monetary sanctions shall be due and enforceable within thirty (30) calendar days of the service of the final decision imposing such fines and sanctions. (b) Upon request filed by a party, the president may stay enforcement of a final decision pending a judicial review of the case. The decision as to the 26-36 3 3 58