HomeMy WebLinkAbout2005-08-11_Notice_for_Revocation_of_Certificates Lincoln S.T.Ashida
Hatay Kim ... Corporation Counsel
Mayor K"' Gerald Takase
Assistant Corporation Counsel
COUNTY OF HAWAPI
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street,Suite 325 - Hilo,Hawaii 967204262 -(808)9618251 - Fax(808)961.8622
August 11, 2005
Tom Brown
Mass Transit Agency
25 Aupuni Street
Hilo, Hawaii 96720
Dear Mr. Brown:
Re: Notice for Revocation of Certificates
Corvoration Counsel WRK 05-10417
At the Transportation Commission meeting on August 8, 2005,there were several
cases on the agenda for revocation of certificates. Some of the actions were deferred
because the individuals holding the certificates had not received notice of the hearing. I
believe the agency attempted to give notice by certified mail but these certain individuals
refused to pick up the mail.
These hearings are governed by Chapter 91, Hawaii Revised Statutes ("HRS"),
on administrative procedures. Section 91-9.5,HRS, provides that parties are to be given
notice of the hearing by registered or certified mail with return receipt requested at least
fifteen days before the hearing. If service by mail is not made because of the refusal to
accept service, the notice of hearing may be given to the party by publication at least
once in each of two successive weeks in a newspaper of general circulation. The last
published notice must appear at least fifteen days prior to the date of the hearing. If there
are situations where the agency does not know the address of the part y and service by
mail cannot be made because of that reason, the notice may be given by publication but
only after"reasonable and diligent inquiry" in an attempt to ascertain the address of the
party.
Please let me know if you have any questions regarding this procedure.
Sincerely,
PATRICIA K. OJOOLE
Deputy Corporation Counsel
PKO:jen
s:UOtransportation comm\Itr to brown re notice of hmg on revocation\8-11-05\PK0jen.doc
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