Haw. Code R. § 13-231-61 - Reissuance of commercial use permits, and catamaran registration certificates

(a) The department may reissue a commercial use permit or catamaran registration certificate provided that:

(1) The gross receipts during the twelve-month period under the commercial use permit or catamaran registration certificate for which the application for reissuance has been submitted equals or exceeds the following minimums as applicable:

(A)	Vessel used for bare boat(demise) charters and charter sail boats	$7,000
(B)	Vessels registered by the state or documented by the U.S. Coast Guard to carry six passengers or less; including charter fishing boats	$15,000
(C)	Vessels certified by the U.S. Coast Guard to carry seven to twenty-six passengers	$45,000
(D)	Vessels certified by the. U.S. Coast Guard to carry twenty-seven to forty-nine passengers	$85,000
(E)	Vessels certified by the U.S. Coast Guard to carry fifty to ninety-nine passengers	$125,000
(F)	Vessels certified by the U.S. Coast Guard to carry more than ninety-nine passengers.	$250,000
(G)	Vessels engaged in another trade or business not delineated and governed by an appropriate paragraph above	$7,000
(H)	Water sports equipment rentals	$7,000;

or

(2) The permittee applies to the department in writing for reissuance of the permittee's commercial use permit or catamaran registration certificate and concurrently presents evidence that any failure to generate gross receipts from the operation of the permittee's vessel or certificate holder's catamaran as prescribed in this subsection was due to:

(A) The sinking, loss, or destruction of the permittee's vessel or certificate holder 's catamaran;

(B) The permittee's vessel or certificate holder's catamaran being inoperative in excess of sixty days due to disability of the permittee or certificate holder;

(C) The permittee's vessel or certificate holder's catamaran was rendered inoperative in excess of sixty days due to damage to the vessel, or due to the necessity of replacing essential parts and gear, provided that reasonable and diligent efforts by the permittee to secure such items necessary to repair the vessel or replacement of parts is demonstrated; or

(D) Where conditions and circumstances are demonstrated wherein a reissuance of the permittee's commercial use permit or the catamaran registration certificate would be fair and warranted, and the application for reissuance is approved by the department; and

(3) All fees and charges due and payable to the department have been paid and no violations are outstanding.

(b) No commercial use permit or catamaran registration certificate shall be issued to any permittee or certificate holder whose commercial use permit or catamaran registration certificate has been terminated for cause, provided that the permittee or certificate holder may apply for a new commercial use permit or catamaran registration certificate after one year has expired from the date of termination, all fees and charges owing the State have been paid, and the permittee or certificate holder is in compliance with federal and state laws!

(c) A corporation must have been in continuous commercial operation as evidenced by the submission of monthly reports of gross receipts for a minimum of twelve months in order to retain commercial use permits or a catamaran registration certificate upon the transfer of any interest in that corporation.

Notes

Haw. Code R. § 13-231-61

[Eff 2/24/94; am and comp SEP 25 2014] (Auth: HRS §§ 200-2, 200-3, 200-4, 200-10) (Imp: HRS §§ 200-2, 200-3, 200-4, 200-10)