Haw. Code R. § 11-282-43 - Request for certification

(a) Requests for certification shall be prepared on application forms provided by the department and shall include, but not limited to, the following information:

(1) The legal name(s), street address, contact person's name and position title, and telephone and fax numbers of the owner and, if applicable, its duly authorized representative.

(2) Annual tax clearance issued by the Hawaii State Department of Taxation and the Internal Revenue Service.

(3) A CERTIFICATE OF GOOD STANDING issued by the Department of Commerce and Consumer Affairs Business Registration Division, unless the applicant is a sole proprietor.

(4) A description of the redemption centers including site plans and scope of services.

(5) Redemption centers that issue vouchers for redemption values shall describe how the voucher may be redeemed for cash or other value.

(b) Applications for certification shall be submitted to the department for each redemption center site.

(c) Within thirty days of receiving a complete application, the director shall notify the owner or the duly authorized representative in writing on the status of the certification including:

(1) Approval; or

(2) Denial and the reasons for the denial.

(d) The basis for denial of certification will be limited to.-

(1) Applicants have outstanding balances owed to the State;

(2) Applicants have outstanding fines, penalties, violations or audit findings within any office of the department;

(3) Applicant history discloses revocation of a recycling center permit or certification within the last two years;

(4) Applicant certification history demonstrates a pattern of operation in conflict with the requirements of chapter 342G, HRS; or

(5) Principal officers of applying company have a criminal conviction of a crime of deceit.

(e) The department shall evaluate the applicant's response to the department's request for more information and shall notify the applicant in writing of the department's final approval or intent to deny the application. No application for a certification shall be denied unless the applicant has had an opportunity for a hearing by the department in accordance with chapter 91, HRS.

(f) The department may, on the department's own motion or the application of any person, modify, suspend or revoke a certification if, after affording the applicant a hearing in accordance with chapter 91, HRS, the department determines that any condition of the certification has been violated or any provision of chapter 342G, HRS, has been violated.

(g) Applicants shall submit new applications to the department if:

(1) The location of a redemption center changes;

(2) The operator of a redemption center changes; or

(3) Changes occur in operations of a redemption center.

(h) New applications shall be approved by the department before the redemption center changes its operations or the applicant shall not be eligible for refund value or handling fees.

(i) Applicants shall notify the department thirty days prior to voluntary termination of certified redemption center activities.

(j) Certificates are neither transferable nor assignable to another person, company, or redemption center.

(k) The certificate shall be kept on file at the redemption center site.

(l) The certificate is property of the department and shall be returned to the department upon decertification, revocation, invalidation, expiration of certification, or voluntary termination.

(m) The certificate issued to the applicant of a reverse vending machine shall be kept on file at the main business office of the applicant.

Notes

Haw. Code R. § 11-282-43

[Eff 7/01/05; comp APR 21 2007] (Auth: HRS §§ 342G-113, 342G-114, 342G-121) (Imp: HRS §§ 342G-113, 342G-114, 342G-121)