Order to show cause
HRS §329-35
in effect329-35. Order to show cause
(a) If, upon examination of the application for registration from any applicant and other information gathered by the department regarding the applicant, the administrator is unable to make the determinations required by the applicable provisions of sections 329-32 and 329-33 and applicable rules to register the applicant, the administrator shall serve upon the applicant an order to show cause why the registration should not be denied.
(b) If, upon information gathered by the
department regarding any registrant, the administrator determines that the
registration of a registrant warrants suspension or revocation pursuant to
section 329-34 or applicable rules, the department shall serve upon the
registrant an order to show cause why the registration should not be revoked or
suspended.
(c) The order to show cause shall call upon
the applicant or registrant to:
(1) Appear before the department at a time and place
stated in the order, which shall not be less than thirty days after the date of
receipt of the order, to admit to the allegations in the order to show cause;
or
(2) Request a hearing as provided in subsection (d).
The order to show cause shall also contain a
statement of the legal basis for such hearing and the reasons that support the
administrator's intent to deny the application, or the revocation or suspension
of registration, and a summary of the matters of fact and law asserted.
(d) Upon receipt of an order to show cause,
the applicant or registrant, if the registrant or applicant desires a hearing,
shall file a request for a hearing with the department within thirty days after
service of the order to show cause. Failure to request a hearing shall result
in the automatic termination of the registrant's registration and in the case
of a new application or renewal the unprocessed application shall be returned
to the applicant.
(e) [Subsection effective until December 31, 2023. For
subsection effective January 1, 2024, see below.] Notwithstanding
subsections (a) to (d), [the] department of public safety may suspend any
registration simultaneously with the institution of proceedings under section
329-34, or where renewal of registration is refused, if it finds that there is
an imminent danger to the public health or safety which warrants this action.
The suspension shall continue in effect until the conclusion of the proceedings,
including judicial review thereof, unless sooner withdrawn by the department of
public safety or dissolved by a court of competent jurisdiction.
(e) [Subsection effective January 1, 2024. For subsection
effective until December 31, 2023, see above.] Notwithstanding
subsections (a) to (d), [the] department of law enforcement may suspend any
registration simultaneously with the institution of proceedings under section
329-34, or where renewal of registration is refused, if it finds that there is
an imminent danger to the public health or safety which warrants this action.
The suspension shall continue in effect until the conclusion of the proceedings,
including judicial review thereof, unless sooner withdrawn by the department of
law enforcement or dissolved by a court of competent jurisdiction.
(f) [Subsection effective until December
31, 2023. For subsection effective January 1, 2024, see below.] The
department of public safety may subpoena and examine witnesses under oath upon
all such charges as may be referred before it.
(f) [Subsection effective January 1, 2024.
For subsection effective until December 31, 2023, see above.] The
department of law enforcement may subpoena and examine witnesses under oath
upon all such charges as may be referred before it.
[L 1972, c 10, pt of §1; am
L 1986, c 214, §5; am L 1990, c 281, §10; am L 2010, c 123, §5; am L 2022, c 278, §17]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0329/HRS_0329-0035.htmFetched: 11/10/2026