Penalties and Hearings for Private Transportation Violations

(a) The director and any person or agency designated by the director may issue citations to a private transportation company or private transportation driver that is in violation of this article. (b) Each citation must be in writing and describe the basis of the citation, including the specific provisions alleged to have been violated, and an assessment of administrative fines as provided in this article. (c) Any person or entity violating this article and cited by the police department shall, upon conviction thereof, be subject to a fine not exceeding $1,000 or imprisonment for a period not exceeding one year, or to both such fine and imprisonment for each violation. (d) Any person or entity violating this article and cited by the director, shall be subject to an administrative fine not exceeding $1,000 per violation or suspension or revocation of the certification, or both, for a private transportation driver or vehicle, which shall not be duplicative of any fine issued or penalty imposed after conviction. The director is authorized to adopt rules pursuant to HRS Chapter 91 to implement and enforce this section. (e) Service of a citation issued under this section will be made by personal service or by certified mail, restricted delivery, sent to the mailing address of the private transportation company listed in the private transportation company’s registration with the department pursuant to § 36-6.3 . (f) Any private transportation company or private transportation driver cited by the director may submit a written request to the director for a hearing with respect to the violations alleged or the amount of the administrative fine assessed. Such request must be submitted within 20 days from the date of service of the citation. (g) If a private transportation company or private transportation driver cited under subsection (a) timely notifies the director of the request for a hearing, the director shall afford an opportunity for a hearing under HRS Chapter 91. The hearing shall be conducted by the director or the director may designate a hearings officer to hold the hearing. The director or any hearings officer designated by the director shall have the power to issue subpoenas, administer oaths, hear testimony, find facts, make conclusions of law, and issue a final order. (h) If the private transportation company or private transportation driver issued a citation does not submit a written request to the director for a hearing within 20 days from the date of service of the citation, the citation shall be deemed a final order of the director.