HAR §12-48-9. Denials, suspensions, and revocations

(a) The director may deny, suspend, or revoke a certificate or deny the issuance or renewal of a certificate for any of the following reasons: (1) A violation of 29 C.F.R. Part 1926, ASME B30.3 or ASME B30.5; (2) Non-compliance with an order of the director within the time specified in the order; Conviction of a crime directly related to the safe operation of a hoisting machine where an applicant or certified operator has not been sufficiently rehabilitated; (4) A mental or physical defect that causes an inability to safely operate a hoisting machine; (5) Providing false information or making any misrepresentation to obtain a certificate; (6) Habitual intoxication, addiction to or the unlawful use of narcotics, or the use of any drugs or medications that could impair an operator’s ability to safely operate a hoisting machine; (7) An accident involving a hoisting machine operated by the person applying for or seeking to renew a certificate; or (8) For any other reason, which in the discretion of the director, would create a hazard or risk to persons or property. (b) Operation of a hoisting machine in violation of this chapter, may result in the revocation of a certificate 6 or the suspension of a certificate for not less than twenty-four hours but not more than one year. (c) If the director finds an accident was caused by the actions or omissions of a certified operator and suspends or revokes the certified operator’s certificate, the director may require the certified operator to retake and pass a certification examination before applying to have his or her certificate reinstated. (d) A person whose certificate has been revoked may apply for certification not less than one year after the date of revocation. [Eff 7/30/12] (Auth: HRS §396-4) (Imp: HRS §§396-4, 396-19)