Haw. Code R. § 11-10-5 - Permit denial, revocation, or suspension

(a) The director may deny, revoke, or suspend a permit for failure to comply with this chapter and/or for knowingly or willfully making any false statements to the department relative to any matter under this chapter.

(b) The applicant or permit holder shall be notified in writing of findings made by the department of any failure to comply with this chapter.

(c) Any applicant or permit holder shall have the right and opportunity to appeal the findings of the department in writing to the director within twenty days of receipt of notice of noncompliance with this chapter. No suspensions or revocations shall become effective until the applicant or permit holder has had an opportunity to appeal the department's findings.

(d) Notwithstanding subsection (a), (b), and (c), where the director finds that there exists an immediate and substantial danger to the public health in the public swimming pool, the director may issue an order to suspend the public swimming pool permit and shall provide an opportunity for hearing within twenty four hours after service of the order.

(e) All hearings shall comply with chapter 91, HRS, and the department rules of practice and procedure.

(f) A revoked or suspended permit shall be reissued upon presentation of evidence in writing to the department that the deficiencies causing the revocation or suspension have been corrected and reinspection by the department confirms the written evidence.

(g) The department may consider as a possible justification for the denial, suspension, or revocation of a permit, any conviction of a penal offense when such offense directly relates to the permit applicant's or permit holder's ability to comply with this chapter. Such denial, suspension, or revocation shall be pursuant to and in accordance with sections 831-3.1(b) and (c).

Notes

Haw. Code R. § 11-10-5

[Eff JUL 15 2002] [Auth: HRS §§ 321-10, 321-11] [Imp: HRS § 321-11]