Haw. Code R. § 12-48-9 - Denials, suspensions, and revocations

(a) The director may deny, suspend, or revoke the certificate of a holder for any of these reasons:

(1) A violation of ASME B30.5;

(2) Non-compliance with an order of the director within the time specified in the order;

(3) Proof that the applicant or holder has been convicted of a crime directly related to the applicant's possible performance under the certificate applied for and where the applicant has not been sufficiently rehabilitated to warrant the public trust;

(4) Proof that the applicant or holder suffers from a mental or physical defect that would interfere with or prevent the applicant's safe handling of a hoisting machine;

(5) Providing false information or making any misrepresentation for the purpose of obtaining a certificate;

(6) The applicant or holder is an unlawful user of narcotics or dangerous drugs;

(7) A finding that the certificate holder was responsible or contributed to an accident involving a hoisting machine; or

(8) For any other reason which at the discretion of the director would create a hazard or risk to persons or property.

(b) Operation of a hoisting machine in violation of ASME B30.5, may result in the suspension of certification for not less than twenty-four hours and not more than one year, or revocation of certification.

(c) If the director makes a finding that an accident was caused by the actions or omissions of the certificate holder and the director suspends or revokes the holder's certificate, the director may require the certificate holder to retake and pass the certification examination before applying to have his or her certification reinstated.

(d) A person whose certificate has been revoked may apply for certification not less than one year after the date of revocation.

Notes

Haw. Code R. § 12-48-9

[Eff 12/6/02] (Auth: HRS § 396-4) (Imp: HRS §§ 396-4, 396-19)