HAR §13-251-44
HAR §13-251-44. Notice of change of address
Cite as Haw. Code R. § 13-251-44
Whenever any person moves from the address stated on a
registration certificate and/or commercial use permit
or pending application for a registration certificate
and/or commercial use permit, the person shall notify
the department in writing of the person's old and new
addresses within seven days of the change in address.
[Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2,
200-4, 200-9, 200-10, 200-22, 200-24) (Imp: HRS §§200-
2, 200-4, 200-9, 200-10, 200-22, 200-24)
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Unofficial Compilation
§13-251-45 Transfer of registration certificate
and/or commercial use permit. (a) Whenever the
individual owner of a catamaran transfers or assigns
the individual owner's title or interest, or the title
or interest passes to another owner other than by
voluntary transfer, the registration certificate
and/or commercial use permit of the catamaran shall
expire; provided, that upon the incapacitation or
death of the individual owner, the registration
certificate and/or commercial use permit may be
transferred to a spouse or other member of the
immediate family if the individual inherits the
catamaran as provided by law and no transfer fee shall
apply.
(b) Registration issued to individuals.
(1) A registration certificate and/or commercial
use permit issued to a sole proprietor may
transfer the ownership of the vessel from
personal ownership to corporate or other
business ownership without terminating the
right to operate under the commercial use
permit or existing registration certificate;
(2) The existing commercial use permit or
existing registration certificate shall be
reissued in a timely manner in the name of
the transferee corporation or other business
entity;
(3) No valid commercial use permit or existing
registration certificate issued to an owner
of a commercial catamaran operating in the
Waikiki ocean waters shall be denied or
revoked without a prior hearing in
accordance with chapter 91, Hawaii Revised
Statutes;
(4) An original registration certificate holder
or commercial permittee holding a regular
mooring permit, upon written application and
approval by the department, may retain the
mooring permit, provided that within 30 days
the permittee moves into the small boat
harbor another vessel owned by the permittee
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pursuant to the provisions of section 13-
231-13; and
(5) An original registration certificate holder
and/or commercial use permittee may, upon
written application to and approval by the
department, retain the registration
certificate and/or commercial use permit,
provided that within 3 0 days the permittee
resumes operation with another vessel owned
by the certificate holder or permittee
pursuant to the provisions of sections 13-
231-13 and 13-231-61.
(c) The following rights, conditions, and
restrictions apply to a registration certificate
and/or commercial use permit issued to a corporation
or other business entity.
(1) Notwithstanding section 13 231-13, a
corporation or other business entity holding
a valid registration certificate and/or
commercial use permit may transfer any or
all stock or interest and retain the
registration certificate and/or commercial
use permit and all other valid small boat
harbor use permits in effect on the date of
transfer, provided that the corporation or
other business entity has been in continuous
operation as evidenced by the submission of
monthly reports of gross receipts for a
minimum period of one full year and meets
all requirements necessary for issuance of a
registration certificate and/or commercial
use permit. The department shall be
notified within ten working days of:
(A) All transactions that amount to a
transfer of 10 per cent or more of the
stock or interest in the firm by owners
of record on the effective date of the
current registration certificate and/or
commercial use permit;
(B) The transfer of any stock or interest
which results in a change of the
principal stockholder or owner; and
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(C) The business transfer fee is paid on or
before the date of transfer in
accordance with the provisions of
section 13-234-33; and
(2) A registration certificate and/or commercial
use permit issued to a corporation or other
business entity shall automatically expire:
(A) Upon the voluntary or involuntary
dissolution of the corporation or
business entity;
(B) If the catamaran operated under the
registration certificate and/or
commercial use permit is sold or
otherwise transferred and not replaced
in accordance with the provisions of
section 13-231-13(b); or
(C) If the registration certificate holder
and/or commercial use permittee fails
to operate the catamaran for which the
registration certificate and/or
commercial use permit is issued for a
period in excess of sixty days, except
as provided in section 13-231-61(a)(2),
and except when the registration holder
and/or commercial use permittee
provides advance notification to the
department in writing that operations
will be temporarily suspended for a
specific period not to exceed four
months. [Eff 2/24/94; am and comp
9/25/14] (Auth: HRS §§200-2, 200-4,
200-9, 200-10, 200-22, 200-24) (Imp:
HRS §§200-2, 200-4, 200-9, 200-10, 200-
22, 200-24)
§13-251-46 New owner must secure new
registration certificate and/or commercial use permit.
A transferee shall obtain an original registration
certificate and/or commercial use permit for a
catamaran before operating or renting the same upon
Waikiki or Kaanapali ocean waters. [Eff 2/24/94; am
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and comp 9/25/14] (Auth: HRS §§200-2, 200-4, 200-9,
200-10, 200-22, 200-24) (Imp: HRS §§200-2, 200-4, 200-
9, 200-10, 200-22, 200-24)