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RULES AND REGULATIONS OF
COUNTY TRANSPORTATION COM:~SSION
COUNTY OF HAWAII
STATE OF HAWAII
RULES OF PRACTICE AND PROCIDURE
These rules govern procedure before the County Transportation
Commission of the County of Hawaii Chapter 91, Hawaii Revised Statutes,
and the County Charter. They shall be construed to secure the just,
speedy, and inexpensive determination of every proceedi.~g.
RULE 1. ME"IIIOD WI-~RE$Y PUBLIC MAY OBTAIAI ?FORMATION.
The public may obtain information as to mattexs within the
jurisdiction of the County Transportation Commission of the County of
Hawaii, hereinafter referred to as the "Commission" by inquiring at:
a) The office of the Lieutenant Governor of the State of Hawaii,
where there are on file all rules of the Commission;
b) The office of the Clerk of the County of F.awaii, where there
are on file all rules of the Commission; or
c) The office of the Director of Finance of the County of Hawaii,
where all rules, orders, or opinions of the Board are on file.
Such inquiry may be made in person at said office daring business
hours, or by submitting a request for information in ws~iting to the
Commission.
RULE 2. PETITION FOR ADOPTION, A~]DAIENT. OR REPE.9L OF RULES.
a) Any person r.^,ay petition the Commission requesting the
adoption, amendment, or repeal of any rule of the Commission.
b) The petitior. shall include:
1) The name, address, and telephone number of the
petitioner.
2) A statement of the nature of the petitioner's interest.
3) A draft of the substance of the proposed rule or
amendment or a designation of the provision sought to
be repealed.
4) An explicit statement of the reason in support of the
proposed rule, amendment, or repeal.
5) Any other information relevant to the petition.
6) The signature of each petitioner.
c) The Commission may reject aryy petition which does not conform
to the foregoing requirements and the fornat illustrated in appendix A.
d) The Commission shall within thirty (30) days after the.
submission of the petition either deny the petition, in writing, stating
its reasons for such denial, or initiate proceeding in acccrdance orith
Section 91-3, Hawaii Revised Statutes, for the adoption, amendment, or
repeal of the rule, as the case may be.
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RULE 3. DECLARATORY RULIIv'G BY CO?~~SSION.
a) Any interested person may petition the Commission for a
declaratory order as to the applicability of any statute or ordinance
administered or enforced by the Commission or of any rule or order
of the Commission.
b) The petition shall contain:
1) The name, address, and telephone number of the
petitioner.
2) A statement of the nature of the petitioner's interest.
3) A designation of the specific provision, rule or~order
in question.
4) A complete statement of facts.
5) A statement of the position or contention of the
petitioner.
6) A memorandum of authorities, containing a full
discussion of the reasons, including any legal
authorities, in support of sucn_ position or contention.
7) The signature of each petitioner.
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c) The Commission may reject any petition which does not
conform to the foregoing requirements and the format illustrated in
Appendix B.
d ). The Cemmission may for good cause refuse to issue a
declaratory sling. Without limiting the generality of the foregoing
the Commission may refuse where:
1) The question is speculative or purely h,,rpothetical
and does not involve existing facts, or facts which can
reasonably be expected to exist in the near future.
2) The petitioners interest is not of the type which
would give him standing to maintain an action if he
were to seek judicial relief.
3) The issuance of the declaratory ruling may adversely
affect the interests of the County, the commission,
or any of its officers or employees in any litigation
which is pending or may reasonably be expected to arise.
4) The matter is not within the jurisdiction of the
Commission.
e) 47here any question of law is involved, the Commission may
refer the matter to the Corporation Counsel. The Commission may also
obtain the assistance of other agencies, where necessary or desirable.
f) Upon disposition of hss petition, the petitioners shall be
int'oraed in writi_*ig thereof by the Commission.
g) Orders disposing of petitions shall have the same status as
other orders of the Commission. Orders shall be applicable only to
the fact situation alleged iaz the petition or set forth in the order.
They shall not be applicable to different fact situations or where
additional farts not considered in the order exist.
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J RULE 4. RULES OF PRAC^tICE.
Except as otherwise provided by law, in any proceeding involving
the adoption of any rule authorized by law, the amendment or repeal of
any rule, the issuance of a certificate of public convenienceland
necessity, the revocation of a certificate, the establishment of
routes, schedules, rates, standards of safety, and insurance
requirements, or the making of any adjudication by the Commission, which
is required to be made after an opportunity for a hearing, the
following shall apply:
a) Rules for Commission Meeting.
1) Time and Place of Regular Meetings.
The Commission shall hold regular meetings at 1:00 p.m.
on the first Thursday of March, June, September, and
December in the County Building, Hilo, Hawaii, or
provided, that the date and place of any regular meeting
may be changed by motion duly adopted at a regular or
special meeting at least one week prior to the
rescheduled meeting date.
2) ~iorum.
Five (5) members shall -constitute a quorum.
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b) Application for Certificates of Public Convenience and
Necessity.
Applications for issuance of certificate of public convenience and
necessity shall be in writing addressed to the Commission and shall
contain the following information:
1) The exact legal name of each applicant, location of its
principal place of business, and if an applicant is a
corporation, trust, association, or other organized
group, the state under the laws of which such applicant
was created or organized and name of its officers and
directors.
2) Type•of service proposed, narrative description of the
proposed service, and geographic area to be served
ir_cluding schedules, rates, and routes.
3) Statement indicating times of operation, fs•equency of
proposed service, and names of operators to be employed.
4) Description and number of vehicles to to used in the
proposed service.
5) A statement that prior to use of any vehicle, applicant
will meet applicable safety, insurance, and license
requirements.
6) A statement of financial ability ~,o render the proposed
service, accompanied by a financial statement of the
applicant's present financial condition.
j) Facts showing that the proposed operation is or .rill be
required by the present or future public convenience and
necessity or public interest.
8) Signature of applicant duly notarized,
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c) Adoption, Amendment or Repeal of Rule.
1) All persor_s who have made a timely written request :of
the Commission for advance notice of its rule-making
proceedings shall be notified in writing of the pro-
ceedings and of their opportunity to be heard at the
hearing thereon. Such notice shall conforn to the
requirements of Section 91-3 (a) Hawaii Revised
Statutes, and shall be sent at least twenty (20)
calendar days before the date of the hearing. Such
notice shall be in addition to any notice required by
law to be published in a newspaper.
2) All interested person shall be afforded an opportunity
to submit data, views, or arguments, orally or in
writing, at the hearing or by mail.
d) Application for Revision of Routes, Schedules and Rates.
Application for extension, contraction or modification of
approved routes, expansion or reducticn of established schedules,
increase or decrease of rates, fares or charges in effect must be in
writing and must contain full justification therefor.
e) Application for Certificate of Public 'Convenience and
Necessity, Revocation of Certificates, Adcption, Amendment or Repeal
of Rules, Establishment or Revision of Routes, Schedule, Rates,
Standard of Safety and Insurance Requirements, or Other Adjudication.
1) The applicant or petitioner shall be notified in
writing of the heari*ig and of his opportunity to be
heard thereat. Such notice shall conform to the
requirements of Section 91-9 (6), Hawaii Revised
Statutes, and shall be sent not less than ten (10)
calendar days before the date of the hearing. Such
notice shall be in addition to any notice required by
law to be published in a newspaper.
2) The hearing shall be conducted in conformity with the
applicable provisions of Sections 91-9, 91-10, 91-i1,
and 91-13, Hawaii Revised Statutes.
3) The deteTTnination shall be subject to such limitations
or standards as may be prescribed by law. Zf the
Commission decides in favor of the applicant or
petitioner, the Commission shall promptly notify the
applicant or petitioner thereof. If the Commission
decides otherwise, it shall issue ar. appropriate
decision and order in writing. Such decision and order
shall be accompanied by separate findings of fact"and.
conclusions of law. The Commission shall within a
reasonable time send a certified copy thereof to the
applicant or petitioner.
A.ny of the foregoing procedures may be modified or
waived by stipulation of the parties and informal
disposition may be made of any contested case by
stipulation, agreed settlement, consent order, or
default.
f) Judicial revietir shall be provided by law.
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Chaixr~an ~ ~~
County Transpc-rtation Co^^+.ission
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APPROVED AS TO FORM
AND LEGALITY: -~
orporation Counsel
Ap^pfroved this l(~~h day of
UC~I'•em~r , to '(l
SFI[TNICHI KIPiITRA, Matyor\
County of Hawaii
Approved by Co ty Council on this
3''~' day of , 19 ~/ .
Council Chairman
Given ur~ere ~d and the Seal of the County of Hawaii his /6'~'day
of ,~/ A.D., 19 7/
County Clerk
CERTIFICATION
The undersigned Chairman, County Transportation Corrnission, does
hereby certify:
1. That the foregoing is a full, true and correct copy of the RuleslandRegulationsoftheCountyTransportationCo.~ission of the County
of Hawaii, State of Hawaii, r:hich were adogted on October 21, 1971.
2. That notice of public hearing on the foregoing Rules and
Regulations, which notice included a statement of the substance of the
proposed rules and regulations, was published in the Hawaii Tribune
Herald on September 29, 1971•
Received this ~ °£` day of
County Clerk
Chairman (, ;-'
County Transportation Comrnission
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PETITION FOR ADOPTION, ANB~7DMENT OR REAL OF
RULES AND REGULATIONS OF
COUNTY TRANSPORTATION CONIDZISSION
COUNTY OF. HAWAII
Date
TO:. County Transportation Comu~ission of County of Hawaii
1. Names of petitioners and nature of each
petitioner's interest.
Petitioner (name, address and telephone) 3NTEREST
2. We desire to have (Section of the rules
Lrepealef ~or amended to reams (a new rule added to read):
3. The proposal shall be adopted for the following reasons:
F, Additional information.
5. Signature of Each Petitioner.
APPENDIX A
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PETITION FOR DECLARATORY RITLLNG
Date
T0: County Transportation Commission
County of Hawaii
Hilo, Hawaii
1. Names of petitioners and nature of each petitioner's interest.
Petitioner (name, address and telephone) INTEREST ,
2. We desire to have a declaratory order as to the applicability
of (State law, ordinance, or order of the County Transportation
Commission of County of Hawaii) to the following situations:
2a. The declaratory order desired should read:
3. Authorities and arguments in support of the request
declaratory order are:
4. Signature of each petitioner.
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APPE.^JDIX B I~ ~L...-
J RULES AND REGULATIONS OP THE
COUNTY TRANSPORTATION CODAiISSION
COUNTY OF HAWAII
STATE OF HAR'AII
ADfENDMENTS TO THE RULES OF PRACTICE AND PROCEDURE OF THE COUNTY
TRANSPORTATION COtiLAISSION, COUNTY OF HAWAII, HILO, HAI4AII.
Be it prescribed by the County Transportation Commission, County of
Hawaii, State of Hawaii:
Section 1. the Rules of Practice and Procedure of the County
Transportation Commission, County of Hawaii, are hereby amended in the
following respects:
1. By amending Rule 4(a) to read as follows:
a) Rules for Commission meeting.
1) Time and Place of Regular Meetings.
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The Commission shall hold regular meetings at 1:00
p.m. on the first Thursday of hfarch, June, September
and December in the (County Building) Hawaii County
Councilroom, Hilo, Hawaii, or on the following day
if such Thursday is a public holiday; (orJ provided,
that the date, time and place of any regular meeting
may be changed (by motion duly adapted at a regular
or special meeting at least one week prior to the
rescheduled meeting date.) upon primer notice bei~
liven pursuant to Sec. 92-7 Hawaii Revised Statutes.
2) Quorum
Five (5) members shall constitute a quorum."
2. By amending Rule 4(e) to read as follows:
e) Application for Certificate of Public Convenience and
Necessity, Revocation of Certificates, Adoption, Amend-
went or Repeal of Rules, Establishment or Revision of
Routes, Schedules, Rates, Standard of Safety and Insur-
ance Requirements, or Other Adjudication.
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1) The applicant or petitioner shall be notified in
writing of the hearing of his opportunity to be
heard thereat. Such notice shall conform to the
requirements of Sections [91-9 (6)) 91-9 and 91-9.5,
Hawaii Revised Statutes, and shall be sent not less
than [ten (10) calendar] fifteen (15) days before
the date of the hearing. Such notice shall be in
addition to any notice required by law to be pub-
lished in a newspaper.
2) The hearing shall be conducted in conformity with the
applicable provisions of Section 91-9, 91-10, 91-11,
and 91-13, Hawaii Revised Statutes.
3) The determination shall be subject to such limita-
tions or standards as may be prescribed by law,
If the Commission decides in favor of the applicant
or petitioner, the Commission shall promptly notify
the applicant or petitioner thereof. If the
Commission decides otherwise, it shall issue an
appropriate decision and order in writing. Such
decision and order shall be accompanied by separate
findings of fact and conclusions of law. The Com-.
mission shall within a reasonable time send a
certified copy thereof to the applicant or petitioner.
4) Any of the foregoing procedures may be modified or
waived by stipulation of the parties and informal
disposition may be made of any contested case by
stipulation, agreed settlement, consent order, or
default."
Section 2. Rules to be deleted are bracketed. New material is
underscored. In printing these rules the Director of Finance need not
include the brackets, the bracketed material or the underscoring.
Section 3. Severability. If any provision of these amendments or
the applicability of such provision to any person or circumstances shall
be held invalid, the validity of the remainder of the provisions to other
persons or circumstances shall not be affected thereby.
Section 4. The provisions of Section 91-3 of the Hawaii Revised
Statutes have been met, including a public hearing which was held on
June 7, 1979, and proper notice of the public hearing and substance of
the proposed amendments to the rules and regulations were advertised in
the Hawaii Tribune Herald on Dfay 17, 1979.
Section 5. These amendments shall became effective ten days after
filing with the County Clerk of the County of Hawaii.
The foregoing amendments were unanimously adopted by the members of
the County Transportation Cor.~ission of the County of Hawaii at its
regular meeting held on June 7, 1979.
COUNTY TRANSPORTATION CONAtISSION
THO4SAS IiIRANO, Ch/'airman
Approved this ~ day of
L-r-~-t~„«/1• _ 1979.
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I~Sayor, County of • ~ i
APPROVED AS TO FORM
AND LEGALITY
BRUCE iVl: ITO
Corporation Counsel
Received this 3rd day of
August 1979.
eg ,
nur.~s a:in RECtn.ATiatts of 11~
COUtiTY TitA,ySPORTATI02i CO2s:~3SSION
COli2"lY OF tlAaAII
STATE OF HAf7AII
A2~:ID?'.EtiTS TO THE P.IILI:S 07 FFLAGTIC); AND PROC`"ilURE OP T2IL• COGi(TY
TRA.4SPORTATZ0ii CO:L`IISSION, COUIriY OF FIANAII, lIILO, tiA42AZI.
Be it prescribed by the County Trsaaportation Cowrnission, County of
fiaxaii, State of U.ar+aii:
Section 1. The Rules of Practice and Procedure of the County Trans-
portation Cafltd.ealoa, County of Hawaii, are hereby aneaded is the follori
respects:
1. Sy aneadiceg &ule 4(a) to read as follova:
a) Rules for Cowrlssion s+eeting.
1) Tisae and glace of fegular t;eetia£s.
The Co~iseioa shall hold regular meetings at 1:00
p.z:. on the first Thursday of «rch, June, Scptor~ber
sad Deceober in the [County L'vildinb] itnvaii County
Councilrooa, Hilo, tiavaii, or on the follow+inc d~
if such 1'huradao is a public holiday; (or] provided,
that the dntc~tis:e and pl.:.ce of any regular iseeting
way be ctsa-nged [by notion duly adopted at a rn~ular
oz special neetiaE at least one vest: prior to Lhe
rescheduled u2ceting data.] ages vroaer notice beint;
given pursuant to Sec. 92-7 tta4aii Revised Statutes.
l.2) Quotas
Five (S) nembera shall constitute a quorum."
2. By amending itule 4(e) to read as follows:
e) Application for Certificate of Fublic Convenience and
necessity, Sevocation of Certificates, Adoption, Anzend-
rient or Repeal of Rules, Eotablishment or Revision of
Routes, Schedules, xZates, Standard of Safetp and Insur-
ance Re:quirosenta, or Othez Adjudication.
1) Tt~e applicant or petitioner shall be aatified in
xritiag of the hearing of his opportunity to be
heazd thereat. Such notice shall conforn to the
requirements of Sections [91-9 (6)j 91-9 and 41-9.5,
Haxaii Revised Statutes, and shall be sent not less
than (tea (10) calendar] fifteen (13) days before
the date of the heariz~. Such notice shall be is
addition to any notice requlzed by law to bn pub-
lished in a newspaper.
2) The hearing shall bn conducted in conforaity with the
applicable provisions of Section 91-9, 91-10, 91-11,
sad 91-13. H,avnii Revised Statutes.
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3) The deter¢inntion shall be subject to each linitationa
or otandards ae coy be preecribed_by lsv. If the Cosa-
aisaioa decides in favor of the applicsat or petitions
the Commission shall procptly notify the applicsat or
petitioner thereof. If Lhe Cor_siaeion decides other-
wise, it shall issue an appropriate decision sad order
in xriting. Such decision and order shall be accoR-
r~panied by separate findings of fsct and coaclusiona of
law. The Co~nlasion shall within a reasonable tires
send n certified copy thereof to the applicant or
petitioner.
4) Any of the foze~oing procedures cmy be codified or
waived by stipulation of the partiua and infornal
disposition asy be made of any contented case by
stipulation, aorced aettlament, consent order, or
default."
Sectloa 2. Rules io be deleted are brackxted. iJev s:aterial is
underscored. Ia priutia;, these rules the Director of Finance need not
include the brackets, the bracketed material or the underscoring.
Section 3. Saverability. If nay provision of these asend~eata or
the Applicability of each provision to any person or circn'astancea shall
be held invalid, the validitq of the zecaainder of the provisions to other
persons or cireuz~atancea shall not be affected thereby.
Section 4. T'.'~.e provisions of Sectlon 91-3 of tbo fiawaii :.evised
Statutes have teen rest, includir_n a public hearin^ wuict~ vas held oa
June 7. 1479, and proper notice of the public hen=inG and substance of
L'ne proposed atiendcie:nts to the rules and reGulatioas were advertised Sn
the Eavaii Tribune 2?erald ou N.ap 17, 1379.
Section 5. lheoe arcende:ents s5a11 becusae effective ten ~y8 after
filin3 with the County Clerk of the Comity of iiavnii.
T:re foreGoing a~end~nts were w-uraiaously edopte3 by the aeabere of
the County Traneportstiou Co~-c-.ission of the Cor.~ty of Hawaii at its
regular c+eeting held on Jane 7, 1979.
AFPkOVID AS TO I•Z1Rti
At;D LEGal.ITY:
CRUCE M. ITO
Corporation Cour:sal
Given under my heat: and the Seal
of the County of Ilakaii this
rd day of October A.D.,
2979.
County Clark
Received this 3rd day of
October 1979.
County Clcrk
COUNTY T:SPORTATIUII CO?~'.ISSION
TH02IA5 IIIItA2:0, Chairmn
Approve this ~ ~daq of
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1979.
tiayor,. County of I'.awaii--• ,-
Approved by CounC~ Council oa this
3rd d of Oc ober 1974.
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