HomeMy WebLinkAboutRules and Regulations of the Director of Finance Vehicle Licensing DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 11
RULES AND REGULATIONS RELATING TO THE ADMINISTRATION
OF THE HIGHWAY SAFETY ACT, CHAPTER 286, PART VT,
MOTOR VEHICLE DRIVER LICENSING, HAWAII REVISED STATUTES
Rule 11.1 Scope of Rules.
These rules and regulations govern the requirements and procedures for the issuance of a
learner's instruction permit and driver's license.
Rule 11.2 Definitions.
As used in these rules,unless the context clearly requires otherwise:
(a) "Administrator" shall mean the Director of Finance of the County of Hawai`i, or the
Administrator's authorized representative or subordinates.
(b) "Driver" shall mean every person who drives or is in actual physical control of a motor
vehicle upon a highway or who is exercising control over or steering a vehicle being
towed or pushed by a motor vehicle.
(c) "Driver's License"means any license to operate a motor vehicle issued under the laws of
this state.
(d) "Examiner of Drivers"means the person or persons appointed under Section 286-101,
Hawaii Revised Statutes.
(e) "Motor Vehicle"means every vehicle,that is self-propelled, and every vehicle which is
propelled by electric power but which is not operated upon rails,but excludes a moped.
(f) "Out-of-state, U.S. territorial or Canadian driver's license"shall mean those drivers'
license issued by any other state of the United States, the District of Columbia,the
Commonwealth of Puerto Rico,American Samoa, Guam, a province of the Dominion of
Canada, or the Commonwealth of the Northern Mariana Islands, as listed in
Section 286-108 (c), Hawaii Revised Statutes.
(g) "Party" shall mean each person named or admitted as a party or properly seeking and
entitled as a right to be admitted as a party in any hearing under these rules.
(h) "Person"includes individuals,partnerships, corporations, associations or public or
private organizations of any character other than agencies as defined in Section 9 1-1 (1),
Hawaii Revised Statutes.
(i) "Rule"shall mean any statement of the Examiner of Drivers constituting a rule under
Chapter 91, Hawaii Revised Statutes.
(j) "Highway"means the entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes of
vehicular travel.
Rule 11.3 Acceptable Forms of Identification for All Applicants(Class 1 -4, CDL A, B,
and Q.
All documents must be originals or certified copies.No photocopies will be accepted.
(a) Proof of Social Security number:
(1) Social Security card in name of applicant(no copies or metal plates).
(2) Driver's license with number and photo.
(3) State of Hawaii identification card with number and photo.
(4) Military identification card or DD-214.
(5) Medicare identification card(Suffix"A"only).
(6) W-2 tax form(issued from previous year).
(7) Other document as deemed necessary by the Examiners of Drivers for such proof
including, but not limited to,verification of social security number by the Social
Security Administration.
(b) Proof of name and birth date:
(1) Out-of-state,U.S. territorial or Canadian driver's license(valid or expired)with
photo.
(2) U.S.passport.
(3) Foreign passport with English translation.
(4) U.S. Immigration and Naturalization documents.
(5) Alien registration/refugee identification card.
(6) State of Hawaii identification card with photo.
(7) Military documents: Consular report of birth and U.S. military issued certificate
of birth(SF-240/SF-545).
(8) State certified birth certificate with both parents listed or State certified birth
identification card.
(c) Proof of change of name, change of sex:
(1) Certified divorce decree with legal name change.
(2) Certified decree of name change issued by the courts or the Lieutenant Governor's
Office, State of Hawaii.
(3) Hawaii marriage certificate (Department of Health document only).
(4) Out-of-state marriage certificate (state issued with seal).
(5) Certified statement by physician stating sex change is valid.
(6) Other document as deemed necessary by the Examiner of Drivers for proof
including,but not limited to,verification of documents from issuing government
agency.
Rule 11.4 Acceptable Signatories for Filing Instruction Permits for Minors; Documents
Required.
(a) If parents share custody,both parents must sign(parents married, separated or divorced
with joint custody).
(b) Divorced parent with certified court custody papers may sign; or, if divorce decree does
not indicate who has legal custody,parent with physical custody may sign with a sworn
affidavit as shown in Exhibit A.
(c) If parents were never legally married, one parent may sign with a sworn affidavit as
shown in Exhibit A.
(d) If parents are living,not legally divorced or separated, and whereabouts of one parent is
unknown,parent with physical custody may sign with a sworn affidavit as shown in
Exhibit A.
(e) If one parent deceased, surviving parent may sign with deceased parent's death
certificate.
(f) Legal guardian(s)may sign with certified court documents.
(g) Foster parents(s)may sign with certified court documents. A minor applicant in foster
care shall present verification of foster care on Department of Human Services letterhead
signed by the Director or his designee pursuant to Hawaii Revised Statutes
Section 286-112 (a)(3).
(h) Next of kin may sign if both parents are deceased. Must provide death certificate for both
parents.
(i) Responsible adult(s)may sign if both parents are deceased. Responsible adult(s)must be
willing to assume financial responsibility of the minor and must provide death certificate
for both parents.
(j) Legally emancipated minor may sign for himself/herself with court documents showing
grant of emancipation.
(k) Adult spouse of minor applicant may sign with proof of age and marriage certificate.
The Examiner of Drivers shall determine the acceptability of all documents submitted
and may require additional supporting documents as deemed necessary.
Rule 11.5 Application.
All applicants for a driver license shall provide their social security number, date of birth,
name,mailing address, home address,height,weight,hair color, eye color, sex,place of birth,
organ donor indicator, advanced health care indicator, thumbprint and any other information
required by the Examiner of Drivers which is reasonably necessary to confirm the identity of the
applicant.
Rule 11.6 Written and Performance Examination Scores.
(a) The written and performance examinations are issued to determine whether an applicant
has a reasonably complete understanding of the rules of the road, ordinary safe driving
practices and the laws relating to licensing of drivers and vehicles.
(b) All scores shall be valid for thirty days after passing such exams for the following
requirements:
(1) Financial responsibility requirements.
(2) Eye-medical certification.
(3) Other required documents as deemed necessary by the Examiner of Drivers
including,but not limited to,notarized signature(s) of parent(s), documents
showing name change for parent and any other supporting government document
required for proof.
Rule 11.7 Payments for All Transactions.
(a) All payments to the County Director of Finance shall be made within two working days
(i.e. forty-eight hours). If payment is not received and transaction processed within two
working days, all test scores and performance tests or licenses shall be voided. Any
applicant who has not paid the prescribed fee shall be treated as a new applicant.
(b) Payments returned due to "Insufficient Funds,"or other reason,must be settled within ten
working days. If payment is not received and transaction processed within ten working
days, all test scores and performance tests or licenses shall be voided.
(c) Any applicant who has not paid the prescribed fee shall be treated as a new applicant.
Rule 11.8 Road Test Procedures for Mopeds,Motorcycles, Motor Scooters, and
Three-Wheeled Vehicles.
(a) Applicants who desire to obtain a State of Hawaii driver's license for the purpose of
operating a moped, motor scooter,motorcycle or three-wheeled vehicle are required to:
(1) Possess a valid instruction permit.
(2) Provide proof of liability insurance coverage by insurance card showing the name,
make, year, factor or serial number of the vehicle,policy number,names of
insured, and the effective dates of coverage including the expiration date as
provided in Section 431:1OC-104, Hawaii Revised Statutes. Photocopied
liability insurance identification cards are not acceptable.
(3) Provide a current Hawaii certificate of registration and current safety inspection
certificate. Photocopied certificates are not acceptable.
(4) Provide a helmet with safety shield or with safety glasses.
(5) Provide a rental contract for rented motorcycles or motor scooters with the
applicant's name listed and the rental company's liability insurance card.
Photocopied liability insurance cards are not acceptable.
(6) Wear covered shoes (no slippers or bare feet).
(7) Wear a long-sleeved jacket or shirt.
(8) Wear full-length trousers (no shorts).
(b) Every operator applying for a Type 1 or 2 performance examination shall be required to
successfully complete an off-street skill test,the alternate MOST, or, if eighteen years of
age or older,may submit a valid motorcycle skills test certification for waiver,DOT
Form 4-810(HWY-V 11/97)within ninety days of the completion date printed on the
certificate.
(c) Applicants utilizing a three-wheeled vehicle shall successfully complete an off-street skill
test to include the figure eight and weaving capability. Upon successful completion,
applicants shall be issued a driver's license with restriction to three-wheeled vehicle only.
(d) Applicants utilizing an automatic Type 1 or 2 vehicle shall be issued a license with
restriction to automatic Type 1 or 2 vehicle only.
Rule 11.9 Motorcycle Road Test Cancellation.
Both the off-street skill test and on-street road test may be cancelled by the Examiner of
Drivers due to inclement weather,unforeseen emergencies, and as deemed necessary WITHOUT
NOTICE to the general public. Permits of applicants who appeared for a road test may be
renewed for motorcycle,motor scooter or mopeds WITHOUT a road test providing the
permittee's name appears on the daily log and road test cancellation is noted. Examiner of
Drivers shall also note on instruction permit the cancellation of the performance test.
Rule 11.10 Automobile Road Test Requirements.
Every road test applicant shall be required to meet the following requirements:
(a) Applicant shall provide a vehicle meeting all safety standards.
(b) Applicant shall provide the vehicle's current certificate of registration and certificate of
safety inspection. Photocopies are not acceptable.
(c) Applicant shall provide a valid insurance identification card as described in 431:1OC-107,
Hawaii Revised Statutes. Photocopied insurance identification cards are not acceptable.
Photocopies of certificate of self insurance,issued by the Hawaii State Insurance
Commission, are acceptable. Information must match certificate of registration.
(1) If there are two registered owners,the insurance card must show at least one of
the names.
(2) If none of the names on the certificate of registration and insurance card match, a
letter from the insurance company will be required acknowledging that they are
aware that the insured is not one of the registered owners and that the vehicle is
still covered by a valid insurance policy.
(3) If the vehicle is leased, the insurance card may be in the name of either the leasing
company or the lessee. If insurance card shows the name of lessor,proof of the
lease agreement is required.
(4) If a company has five or more vehicles registered to the company,the insurance
card is not required to indicate the make and serial number(VIN)of each vehicle.
(d) If the vehicle being used for the road test is a rented vehicle,the road test applicant must
be listed on the rental agreement as a driver. And, the rental agreement or separate letter
from the rental company must authorize the applicant to use the rental vehicle for the
road test.
(e) Applicant must be accompanied by a duly licensed driver who shall be at least
twenty-one years of age.
(f) Applicant must be at least sixteen years of age.
(g) If applicant is less than eighteen years of age, applicant must possess permit for at least
one hundred eighty days and must present DOT approved Driver's Education Student
Completion Certificate and a Behind-the-Wheel Completion Certificate.
Rule 11.11 Road Test Cancellation.
The road test may be cancelled by the Examiner of Driver due to inclement weather,
unforeseen emergencies, and as deemed necessary WITHOUT NOTICE to the general public.
Rule 11.12 Off-Street Skill and On-Street Road Test of Class 4, and CDL A,B, and C.
(a) All applicants shall be tested according to Sections 286-108 and 286-108.5,Hawaii
Revised Statutes. The off-street skill test and on-street road test shall be administered to
the applicant as described in the Hawaii Administrative Rules, Title 19, Subtitle 5,
Chapter 122-17, Category 4, and commercial driver license skill tests.
(b) The skill test is a three-part test consisting of 1)pre-trip vehicle inspection;2)basic skill
control; and 3) on-street road test. The tests shall be administered sequentially by
category of license without omitting any test.
(c) Applicants shall also be required to provide the following:
(1) Vehicle in the category in which the applicant desires a license.
(2) Current Certificate of Registration. Photocopies not acceptable.
(3) DOT Safety Inspection Certificate of test vehicle (and trailer,if applicable).
(4) Insurance card for test vehicle as listed in Section 431:10C-107,Hawaii Revised
Statutes. Photocopies not acceptable.
(5) Valid instruction permit with endorsements for category being tested.
(6) Valid Hawaii driver's license(minimum of Class 3).
(7) Current medical examination certificate, DOT 4-766 or facsimile thereof in
accordance with the Motor Carrier Regulations (391.41 -391.49).
(d) All applicants shall be accompanied by a licensed driver with a valid Hawaii driver's
license of equal category or higher of the license sought by the applicant.
Rule 11.13 Driver License Photographs.
(a) A photograph is required of any applicant renewing a Hawaii driver's license or
applying for a new driver's license, for the exchange of an out-of-state or foreign driver's
license, or for a duplicate driver's license.
(b) All applicants shall remove any hats, headdress, etc., so as not to obscure more than
two-thirds of their full-faced photograph. Exceptions to the removal of headgear will
only be allowed for religious beliefs as protected by the First Amendment of the
Constitution of the United States and Article I, Section 4, of the Constitution of the State
of Hawaii. Such applicants shall,upon request, submit a written explanation as to why
he/she is unable to comply based on his/her religion, and shall include the name and sect
of his/her religious belief. He/she may be required to obtain a letter from the University
of Hawaii Religion Department,which confirms the religious position he/she is taking.
Each applicant is advised that the Corporation Counsel and the Finance Department, prior
to the release of the plastic license,will review these letters. If the photograph taken is
determined to be unacceptable, the temporary license will be revoked, the application
denied and the applicant will be contacted within thirty days of such determination.
Rule 11.14 Duplicate Hawaii Driver's License.
(a) A duplicate driver's license may be obtained if the plastic license is lost, stolen or
mutilated, or to change the address, sex,name of the licensee or to correct the social
security number or date of birth. All applicants applying for a duplicate license shall be
required to produce two identification cards which reflect the applicants'name and social
security number.
(b) Any person presenting a driver's license that appears to have been altered or defaced shall
be instructed to obtain a duplicate license or apply for a renewal if they are within the
renewal period. The altered or defaced license shall be confiscated.
Rule 11.15 Oral Instruction Permit Examinations.
All applicants who apply for an oral examination for an instruction permit must call to
secure an appointment date and time.
Rule 11.16 Restrictions.
(a) Subsequent to completion of the examinations required by State statute,the Examiner of
Drivers shall explain to the applicant the reasons for any restriction. The following
indicate some of the restrictions,which may be required for various deficiencies:
(1) Pedal extensions; special manual brakes,power brakes, special clutch or
accelerator controls.
(2) Special seat adjustments.
(3) Special knob on steering wheel,power steering,mechanical arm signaling device,
gear lever on steering columns, automatic transmission.
(b) Any restrictions and the reason therefore shall be entered on the Hawaii driver's license
and the restriction shall be noted on the respective license according to the following
code:
(A) Corrective Lenses.
(B) Outside mirror.
(C) Automatic transmission.
(D) Daylight hours only.
(E) Full hand equipment.
(F) Mechanical signals.
(G) Taxi.
(H) Power steering.
(J) Power brakes.
(K) Vehicle without air brakes.
(L) Steering knob.
(M) Cushion.
(1) Medical.
(0) Any other restrictions.
(P) Three wheel motorcycle.
(Q) Mechanical aid.
(R) Prosthetic aid.
(S) Limit to employment.
(T) Limited other.
(V) CDL intrastate only.
(X) Except Class A bus.
(Y) Except Class A&B bus.
(Z) Except tractor trailer.
Rule 11.17 Expiration and Renewal.
(a) All drivers'licenses and instruction permits shall expire at 12:00 midnight on the
expiration dates.
(b) An instruction permit for Class 2 licenses may be renewed only after attempting a
practical examination. If no examination is attempted, a three-month waiting period is
required before another permit can be issued.
(c) An instruction permit for Class 3 and 4 may be renewed on or before the expiration date.
The first day of the next one-year period shall begin with the first day after the expiration
of the current instruction permit. If a permit is not renewed within ninety days after the
expiration date,the applicant shall be treated as a new applicant for an instruction permit.
(d) A driver's license may be renewed WITHIN six months prior to the date of expiration.
The last day of this six-month period shall be the expiration date. An applicant with an
expired driver's license may renew the expired driver's license within one year after the
expiration date. Pursuant to Section 286-107.5, Hawaii Revised Statutes, a reactivation
fee shall be assessed after ninety days following the date of expiration. The first day of
this one-year period shall begin with the first day after the expiration date and shall end at
12:00 midnight one year after the expiration date. Applicants appearing after the
one-year period, shall be treated as a new applicant and examined as provided in
Section 286-108,Hawaii Revised Statutes.
(e) If the one-year period ends on a weekend or holiday, the renewal,which includes
payment of the required fees,must take place by the last working day prior to end of the
one-year period.
(f) CDL
(1) An instruction permit for a CDL shall not be valid for a period in excess of one
year. The permit is not renewable. An applicant who does not successfully
complete the skills examination in one year,must reapply as a new applicant.
(2) The general knowledge test scores are valid for six months from the date of the
test. Endorsement tests taken after the general knowledge test will remain valid
only through the six-month period starting from the date of the general knowledge
test.
(3) To retain a hazardous materials endorsement, an applicant must take and pass
(every five years), an additional special knowledge examination(in the English
language)on how to recognize,handle, and transport hazardous materials. In
addition, applicant must pass a background check through the Transportation
Security Administration's Hazmat Threat Assessment Program.
Rule 11.18 Out-of-State or Foreign Driver's License.
(a) All applicants holding a valid out-of-state driver's license must surrender their license to
obtain a Hawaii driver's license. Applicants who do not have their out-of-state license to
surrender shall be required to complete all required skills tests (written and road test).
(b) Foreign licenses are valid for use in the United States for one year from the date of first
port of entry. Foreign license will be invalidated for use in the United States upon receipt
of a Hawaii driver's license. Foreign driver's license applicants are required to complete
all required skills tests.
Rule 11.19 Right of Applicant or Licensee to Notice and a Hearing.
(a) Whenever the Examiner of Drivers denies, cancels,revokes or suspends a permit or
license,pursuant to the Hawai`i Revised Statutes or these Rules and Regulations of the
Director,the applicant or licensee shall have thirty days to file a notice of appeal for a
hearing with the Director or the Director's authorized representative or subordinate.
(b) Within twenty working days from the filing of such notice of appeal, the Director or a
designated hearing officer shall conduct a hearing. The hearing shall be conducted in
conformity with the provisions of Section 91-9, Hawaii Revised Statutes,relating to
contested cases.
Rule 11.20 Decision and Order.
After the hearing,the Administrator may rescind or affirm the denial, cancellation,
suspension or revocation of the permit or license. Each decision or order adverse to the applicant
or licensee shall be in writing or stated in the record and shall be accompanied by separate
findings of fact and conclusions of law. A certified copy of the decision and order and
accompanying findings of fact and conclusions of law shall be mailed to the applicant or
licensee, or to his/her attorney of record, within ten days of such order being issued.
Rule 11.21 Reconsideration.
Any applicant or licensee to whom an adverse decision and order has been rendered by
the Administrator may request a reconsideration of such adverse decision and order provided that
such request shall be based on new evidence which was not considered by the Administrator
during the original hearing.
Rule 11.22 Appeal to Circuit Court.
Appeal of the decision and order rendered in the hearing shall be as provided by
Section 286-129,Hawai'i Revised Statutes.
Rule 11.23 Cancellation of Licenses and Permits.
(a) In addition to the provisions contained in Section 286-120,Hawaii Revised Statutes, the
following shall be reasons for cancellation of licenses or permits by the Examiner of
Drivers:
(1) Cheating on any administered test.
(2) Switching testing material.
(3) Substitution of another person during the processing and/or testing phases.
(4) Use of non-authorized written materials which provide answers to test questions
in English or other language(dictionaries are allowed).
(b) The cancellation for any infraction under this section shall be for a thirty-day period, and
re-application shall be permitted after such period.
Rule 11.24 Severability.
If any portion of these rules or the applicability thereof should be held invalid for any
reason, such invalidity shall not affect other provisions or applications and to this end these rules
are declared to be severable.
Rule 11.25 Effective Date.
These rules and regulations shall take effect ten days after filing with the County Clerk.
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATION OF THE DIRECTOR OF FINANCE
RULE 12
RULES AND REGULATIONS RELATING TO THE ADMINISTRATION
OF THE MOTOR VEHICLE SAFETY RESPONSIBILITY ACT,
CHAPTER 287, HAWAI`T REVISED STATUTES
Rule 12.1 Scope of Rules.
The rules established herein shall govern the practice and procedure of the Hawai`i
County Department of Finance in administering the Motor Vehicle Safety Responsibility Act,
Chapter 287,Hawaii Revised Statutes.
Rule 12.2 Mandate.
These rules are adopted pursuant to and in accordance with the procedural requirements
of the Hawaii Administrative Procedure Act, Chapter 91, Hawaii Revised Statutes.
Rule 12.3 Petition for Hearing.
(a) Any person aggrieved by any order or act of the Director of Finance under the Motor
Vehicle Safety Responsibility Act may request a hearing by filing a petition in writing.
The petition shall contain the following information:
(1) Petitioner's name, address,telephone number, and place of employment.
(2) A designation of the specific order or act of the Director of Finance in question.
(3) A complete statement of all relevant facts.
(4) A complete statement of petitioner's interest and his/her position or contention,
including any legal authorities in support of such position or contention.
(5) Petitioner's signature and the date the petition is submitted to the Director of
Finance.
(b) The Director of Finance may reject any petition which does not conform to the
requirements set forth above.
Rule 12.4 Processing of Petition.
Within ten working days from the receipt of the petition, the Director of Finance shall
notify the petitioner in writing as to the date, time, and place of the hearing. Such notice shall be
in conformity with Section 91-9(b),Hawaii Revised Statutes.
Rule 12.5 Hearings Officer.
The Manager of the Vehicle Registration and Licensing Division of the County of
Hawaii shall be appointed by the Director of Finance as the hearings officer and shall preside
over all hearings under the Motor Vehicle Safety Responsibility Act.
Rule 12.6 Disposition of Petition.
Within thirty calendar days after a hearing is held, the hearings officer shall either affirm
or deny the petition. Such decision, and any notices with regard thereto, shall be in conformity
with Chapter 91, Hawaii Revised Statutes, and shall be issued under the name of the Director of
Finance.
Rule 12.7 Appeal to Circuit Court.
Any order or act of the Director of Finance pursuant to the authority given by the
provisions of the Motor Vehicle Safety Responsibility Act or by rules or regulations adopted in
the administration thereof, shall be subject to appeal to the Circuit Court of the Third Circuit.
Rule 12.8 Accident Report Required.
The written accident report form required under Section 287-4,Hawaii Revised Statutes,
shall be as shown in Appendix 1.
Rule 12.9 Evidence of Insurance.
The form which is acceptable as evidence that a liability insurance policy was in effect at
the time of any reportable accident under Section 287-4, Hawaii Revised Statutes, shall be as
shown in Appendix 2.
Rule 12.10 Release from Liability.
The form which is acceptable and preferred as evidence of one's release from liability
shall be made available from the Department of Finance, although other types of release forms
may also be accepted. All release forms shall be signed and verified before a person authorized
to administer oaths. If the person giving the release is in the United States military service,the
release form shall be executed in conformity with Section 502-47, Hawaii Revised Statutes.
Rule 12.11 Installment Agreement.
Any installment agreement filed with the Director of Finance as provided under the
Motor Vehicle Safety Responsibility Act shall state the names of the parties thereto, the date and
location of the accident, the total amount of each installment and the date each installment
payment is due.All installment agreements shall be duly acknowledged by filing a copy with the
Department of Finance.
Rule 12.12 Final Adjudication of Non-Liability.
A certified copy of a judgment with respect to damages shall be acceptable as evidence of
a final adjudication of non-liability for any operator or registered owner involved in a reportable
accident.
Rule 12.13 Security Required.
The Director of Finance may accept the forms shown in Appendix 1, or any other
document which contains information that may assist in determining the amount of security
required under Section 287-5,Hawaii Revised Statutes.
Rule 12.14 Notice of Pending Suspension--Accident.
A driver involved in an accident covered under Section 287-4, Hawaii Revised Statutes,
shall be sent a notice informing the driver that failure to furnish proof of financial responsibility
will result in the suspension of that person's driver's license. Such notice shall be in the form as
shown in Appendix 3.
Rule 12.15 Notice of Pending Suspension --Conviction.
A driver convicted of any of the offenses enumerated in Section 287-20, Hawaii Revised
Statutes, shall be sent a notice informing the driver that failure to furnish proof of financial
responsibility will result in the suspension of that person's driver's license. Such notice shall be in
the form as shown in Appendix 4.
Rule 12.16 Security Deposit Receipt.
Persons depositing security as required by the Motor Vehicle Safety Responsibility Act
shall be issued a receipt in the form as shown in Appendix 5.
Rule 12.17 Return of Security.
In conformity with Section 287-12,Hawaii Revised Statutes, application for the return
of security may be made through the form as shown in Appendix 6.
Rule 12.18 Evidence of No Action for Damages.
In conformity with Section 287-9(2),Hawaii Revised Statutes, the form acceptable as
evidence that no action for damages arising out of the accident has been commenced shall be as
shown in Appendix 6.
Rule 12.19 Notice of Suspension of License--Accident.
Upon failure to provide evidence of financial responsibility after due notice to do so, a
driver involved in an accident covered under Section 287-4,Hawaii Revised Statutes, shall be
sent a notice informing that person of the suspension of his or her driving privileges. Such notice
shall be in the form as shown in Appendix 3.
Rule 12.20 Notice of Suspension of License--Conviction.
Upon failure to provide evidence of financial responsibility after due notice to do so, a
driver convicted of any of the offenses enumerated in Section 287-20, Hawaii Revised Statutes,
shall be sent a notice informing that person of the suspension of his or her driving privileges.
Such notice shall be in the form as shown in Appendix 4.
Rule 12.21 Certificate of insurance as Proof of Financial Responsibility.
In conformity with Sections 287-22 and 287-23, Hawaii Revised Statutes,the acceptable
form of the certificate of insurance as proof of financial responsibility shall be as shown in
Appendices 7 and S.
Rule 12.22 Self-Insurance Certificate as Proof of Financial Responsibility.
In conformity with Sections 287-21 and 287-42, Hawaii Revised Statutes,the acceptable
form of the certificate of self-insurance as proof of financial responsibility shall be as shown in
Appendix 9.
Rule 12.23 Notice of Change of Vehicle.
In conformity with Section 287-25,Hawaii Revised Statutes,notice of a change of
vehicle hereunder shall be in the form shown in Appendix 10.
Rule 12.24 Notice of Cancellation or Termination of Insurance.
In conformity with Section 287-33,Hawaii Revised Statutes,notice of cancellation or
termination of insurance shall be in the form shown in Appendix 11.
Rule 12.25 Revision of Forms.
The Director of Finance reserves the right to amend or revise any and all forms used in
the administration of the Motor Vehicle Safety Responsibility Act. However, such amendments
or revisions may not substantially alter the content of the forms.
Rule 12.26 Severabilitv.
If any portion of these rules or the applicability thereof should be held invalid for any
reason, such invalidity shall not affect other provisions or applications and to this end these rules
are declared to be severable.
Rule 12.27 Effective Date.
These rules and regulations shall take effect ten days after filing with the County Clerk.
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULE 13
RULES AND REGULATIONS FOR STAGGERING
MOTOR VEHICLE REGISTRATIONS
Authorization
HRS Section 286-51, enacted by the 1976 Legislature to take effect on January 1, 1978
states in pertinent part:
"Every certificate of registration issued under this part shall expire at midnight on
December 31 of each year and shall be renewed annually before April 1 of each year upon
application by the registered owner by presentation of the last issued certificate of registration or
the last issued application for renewal, such renewal to take effect as of January 1 of each year;
provided that, the certificate of registration for each motor vehicle in the counties of the state
may be renewed on a staggered basis, if the County elects to do so. The treasurer of each county
may promulgate rules and regulations to carry out the purposes stated in this section and shall
expend the necessary funds from his operating funds as may be necessary for these purposes...."
Rule 13.1 Motor Vehicle Registration Period.
All motor vehicles and trailers will have their registration periods staggered to expire on
the last day of the month from January through December.
Rule 13.2 Conversion.
(a) Conversion to the staggered system of motor vehicle registration will begin on January 1,
1981. Registration will be for periods varying from six months to seventeen months and
must be paid by March 31, 1981. For motor vehicles presently using passenger plates,
including vehicles used for commercial purposes,motorcycles and all trailers,the
re-registration date will be determined by the last two digits of the license plate used
in1980 as shown in the schedule below.
LAST TWO DIGITS OF EXPIRATION NUMBER OF MONTHS FOR WHICH
PRESENT PLATES MONTH FEES ARE TO BE COLLECTED
11 thru 19 January 1982 13 months
21 thru 29 February 1982 14 months
31 thru 39 March 1982 15 months
41 thru 49 April 1982 16 months
51 thru 59 May 1982 17 months
61 thru 69 June 1981 6 months
71 thru 79 July 1981 7 months
81 thru 89 August 1981 8 months
91 thru 99 September 1981 9 months
O1 thru 09 October 1981 10 months
10,20, 30,40, 50,
60, 70, 80, 90, 00 November 1981 11 months
Commercial& December 1981 12 months
Personalized
All license plates with a single digit following the alphabet designation will have an October
expiration month and fees are to be collected for ten months.
(b) The following vehicle registration will expire on the last day of December:
(1) Vehicles with personalized license plates.
(2) Commercial trucks.
(3) Tax exempt vehicles owned by disabled veterans and certified under
Section 249-6,HRS.
(c) Vehicles owned by the State of Hawaii, County of Hawaii, Department of Water
Supply, and official representatives of any foreign government will be issued
registrations which need be renewed only in a new plate issue year.
(d) When the 1981 vehicle registration expires,the owner will be required to re-register the
vehicle for a twelve-month period. That vehicle will be registered each year in its
assigned month until it is withdrawn from use or the Treasurer changes the registration
month.
Rule 13.3 Post Conversion Regulations.
(a) In the initial year,renewal notices will be sent to the owner forty-five days prior to the
expiration date. There will be no grace period beyond the expiration date.
(b) Beginning with 1981, all vehicles registered for the first time in the County of Hawaii
will have a twelve-month registration period beginning with the first day of the month in
which the application is first filed.
Rule 13.4 Authority of the Treasurer.
Because of monthly fluctuations in vehicle sales and out-of-state transfers, an imbalance
in monthly workload could develop. To compensate for this possible imbalance, the Treasurer
has the authority to reallocate vehicle registrations to other months. In the event of such
reallocation, fees will be prorated as appropriate.
Rule 13.5 Vehicle Sales.
(a) With the exception of special plates, and as provided in Section 249-7,Hawaii Revised
Statutes,the plates will remain with the vehicle when ownership is transferred. The
vehicle will keep the same registration month as it was previously assigned and the new
owner will pay only a filing fee unless the vehicle registration has expired.
(b) When plates are transferred to another vehicle as provided in Section 249-7 and
Section 249-9.1, Hawaii Revised Statutes, the vehicles shall maintain their original
registration month. The following specific rules shall apply:
(1) When plates are transferred to a vehicle being registered in Hawaii County for
the first time,the owner must pay all applicable fees for a twelve-month period.
The registration period shall begin with the first day of the month in which the
application is first filed.
(2) The vehicle from which the plates were removed shall maintain its originally
assigned registration period. The owner shall be issued new plates with the
appropriate registration tag or emblem. The owner will be subject to transfer,
plate and tag or emblem charges.
(3) When plates are transferred to a vehicle already registered in Hawai`i County,that
vehicle shall maintain its originally assigned registration month. The owner will
be issued an appropriate tag or emblem and pay transfer and tag or emblem fees.
(c) Vehicles must be re-registered at the time of transfer of ownership if such transfer occurs
forty-five days prior to the expiration date of the registration.
Rule 13.6 Period of Payment.
Payment of registration fees shall only be accepted forty-five days prior to the expiration
date.
Rule 13.7 Registration Tags or Emblems.
When a vehicle is first registered in the County of Hawaii,it will be issued a numbered
tag or emblem on which is printed the registration month. Identification of the registration year
will be accomplished utilizing a different colored tag or emblem.
Rule 13.8 Deadline.
Vehicle registrations will be delinquent on the first day of the month following their
expiration dates.
Rule 13.9 Penalties.
(a) The late renewal penalty will be ten percent of the vehicle weight tax. However, late
penalty will not be assessed on registrations occurring on the first working day following
the expiration date when the expiration date falls on a Saturday, Sunday,holiday, or a day
which is not a full working day.
(b) The late penalty for transfer of ownership is $5.
Rule 13.10 Severability.
If any provision of these rules or the applicability thereof should be held invalid for any
reason, such invalidity shall not affect other provisions or applications which can be given effect
without the invalid provisions or applications and to this end these rules are declared to be
severable.
Rule 13.11 Effective Date.
These rules and regulations shall take effect ten days after filing with the County Clerk.
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULE 14
RULES AND REGULATIONS RELATING TO MOTOR VEHICLE
DEALER PLATES AND TEMPORARY MOTOR VEHICLE PLATES
Rule 14.1 Purpose and Scope.
These rules govern the procedures to be followed for the issuance of permanent motor
vehicle dealer plates and temporary motor vehicle plates for new motor vehicles.
Rule 14.2 Definitions.
As used in these rules,unless the context clearly requires otherwise:
(a) "Director of Finance" shall mean the Director of Finance of the County of Hawaii, or his
duly authorized subordinates.
(b) "Permanent motor vehicle dealer plates"or"dealer plates" shall mean those plates issued
to new motor vehicle dealers which are used only for demonstration of new motor
vehicles to customers upon the public highways.
(c) "Temporary motor vehicle plates"or"temporary plates"shall mean those plates issued to
new motor vehicle dealers which can be utilized on new motor vehicles until the Director
of Finance furnishes to the dealer two number plates and the valid tag or emblem
appropriate for the year of registration or until the expiration of the temporary plates,
whichever occurs sooner.
(d) "Dealer Certification Slips" shall mean those pre-numbered validation slips attached to
the left portion of the temporary plate which contains all the information required in
Section 286-53,Hawaii Revised Statutes.
Rule 14.3 Permanent Motor Vehicle Dealer Plate.
The Director of Finance shall,upon receipt of the application, or thereafter, furnish a
manufacturer or dealer in new motor vehicles, one or more single motor vehicle dealer plates as
required by the applicant. The Director of Finance shall charge and collect the sum of$30 for
each permanent motor vehicle dealer plate issued by him. The issuance of plates,whenever the
design of the number plates issued under Chapter 249, Hawaii Revised Statutes, is changed,
and/or the replacement of lost or destroyed plates shall be in accordance with Section 286-53,
Hawaii Revised Statutes.
Rule 14.4 Temporary Number Plates.
(a) Upon request by a manufacturer or dealer in new motor vehicles, the Director of Finance
shall issue temporary number plates in lots of ten plates. The Director of Finance shall
fix the fees of each lot based upon the most current production and distribution cost per
plate.
(b) The manufacturer or dealer in new motor vehicles shall issue all temporary plates in
consecutive order.
(c) If temporary plates are used upon the sale of a new motor vehicle,the new motor vehicle
dealer or manufacturer shall print all the information on the temporary plate,remove the
dealer certification slips and fasten the temporary plate to the rear of the new motor
vehicle. The numerical expiration date printed by the dealer or manufacturer on the
temporary plate shall not exceed thirty days after the buyer initially takes possession of
the new motor vehicle. The numbers indicating the expiration date shall be large enough
to fill the space provided for them and shall be printed with black permanent ink.
(d) All the information on the dealer certification slips shall be printed or typed. The original
certification slip shall be submitted to the Treasury Division,in person or by mail,within
twenty-four hours after the issuance of a temporary plate to a new motor vehicle.
(e) If a temporary plate has been issued but the vehicle will not be registered with the
Department of Finance,the dealer or manufacturer of new motor vehicles shall certify in
writing the circumstances surrounding the issuance and subsequent cancellation.
(f) The dealer or manufacturer of new motor vehicles shall keep a book or record in which
the following information shall be entered:
(1) Temporary license plate validation number listed in consecutive order.
(2) Date of possession.
(3) Date of expiration indicated on the temporary plate.
(4) Make and type of vehicle.
(5) Name and address of new vehicle owner.
This book or record shall be available for examination by the Director of Finance during
the normal business hours.
Rule 14.5 Penalties.
(a) If the dealer or manufacturer of new motor vehicles fails to submit the original dealer
certification slip in the required time period, or the mail is not postmarked within the
required time period,the dealer or manufacturer shall pay a penalty of$5 for each
original dealer certification slip that is late.
(b) If a new motor vehicle, which has attached a temporary plate, is not registered with the
Department of Finance within twenty days after taking possession of the motor vehicle,
the taxes shall become delinquent and a penalty as provided in Section 249-10, Hawaii
Revised Statutes, shall be added to, and become part of, the delinquent tax.
Rule 14.6 Severability.
If any portion of these rules or the applicability thereof should be held invalid for any
reason, such invalidity shall not affect other provisions or applications which can be given effect
without the invalid provisions or applications and to this end these rules are declared to be
severable.
Rule 14.7 Effective Date.
These rules and regulations shall take effect ten days after filing with the County Clerk.
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 15
RULES GOVERNING ISSUANCE OF SPECIAL NUMBER PLATES
PURSUANT TO SECTION 249-9.1,HAWAII REVISED STATUTES
Rule 15.1 Purpose and Scope.
These rules govern the procedures to be followed for the application and issuance of
special number plates.
Rule 15.2 Definition.
As used in these rules,unless the context clearly requires otherwise, "Director" shall
mean the Director of Finance of the County of Hawaii, or his duly authorized subordinates.
Rule 15.3 Design of Special Number Plates.
Special number plates shall conform to all requirements as provided in Section 249-9.1,
Hawaii Revised States.
Rule 15.4 Applications for Special Number Plates.
(a) Persons desiring special number plates shall make application on forms furnished by the
Director.
(b) Applications shall be approved on a first-come first-serve basis and will not be
considered approved until the required fees are paid and authorized by the Director for
issuance.
(c) Phone requests will not be considered unless the application and required fees have been
submitted.
(d) Refunds shall be authorized if an application has been denied by the Director.
(e) Once the order for special number plates has been placed with the vendor, there will be
no refund for cancellation.
Rule 15.5 Standards for Denial of Special Number Plates.
(a) The following applications shall be denied:
(1) Applications with the letter/numeral combination of regular plates.
(2) Applications with the letter/numeral combination which have been already
assigned or the application has been preceded by another application with the
same letter/numeral combination shall be denied upon request.
(3) Applications bearing the following types of words or connotations will be denied
upon request:
(A) Words or connotations of sexual or vulgar nature, or relating to excretory
functions or intimate body parts.
(B) Drug-related words or connotations.
(C) Words or connotations which are ethnic in origin or character and which
are judged by the Director to be offensive and disparaging.
(b) For purposes of this rule, the following standards shall apply:
(1) In determining the connotation, inference or tendency of a given request,the Director
shall apply an objective test of what inference may reasonably be detected by one
conversant with whatever linguistic,numerical or phonetic mode of communication
may apply to the request. The Director may not consider the subjective intent or the
declared meaning of the applicant. The request shall be considered to be the most
objectionable connotation that reasonably may be ascribed to it.
(2) "Words of a vulgar nature" shall be those words, any connotation of which is
designated a"vulgar,""usually considered vulgar,""not used in polite
conversation"or equivalently designated in the Webster's Collegiate Dictionary,
current edition.
(3) "Intimate body parts" shall include breasts, genitalia,pubic area,buttocks,thighs
and organs related to sexual and eliminatory functions,regardless of whether the
request is couched in common, foreign,vulgar, scientific or other message form.
(4) "Drug-related words or connotations" shall mean messages that may objectively
be construed as referring to any drug,narcotic or intoxicant, including alcohol,
that may be abused so as to produce a physical or mental condition that is
inconsistent with the lawful, safe operation of a motor vehicle by the person
affected. The phrase shall also include references to the paraphernalia, sale,use,
user,purveyor of, and state produced by, any such drug,narcotic or intoxicant.
(5) "Words or connotations of a religious nature" shall include messages that can
reasonably be construed as:
(A) Affirming or espousing a particular religious belief such as a belief in, or
denial of,the existence of a supreme being or beings.
(B) Expressing adherence to a particular sect or denomination.
(C) Promoting or discouraging any form of exercise of religious belief(i.e.
"PRAY"). For purposes of this rule, terms merely specifically identifying
the occupation of a vehicle owner(i.e. "PASTOR,""NUN"),will be
allowed.
(6) "Words or connotations which are ethnic in origin or character"shall mean
messages which may reasonably be the basis of age, sex,race, nationality, creed,
religious preference or place of historical origin.
(7) "Offensive or disparaging"shall mean any message which may reasonably be
construed as singling out any definable class or persons, classified on the basis of
age, sex,race,nationality, creed,religious preference or place of historical origin,
in a manner that subjects that class to contempt or ridicule, or espouses superiority
of that class.
(c) The policies underlying this rule are to:
(1) Prevent constitutionally prohibited governmental involvement in the
disparagement or support of any form of religious belief or practice.
(2) Prevent governmental involvement in any discrimination on the basis of age, sex,
race,nationality, creed,religious preference or place of historical origin.
(3) Protect the public and children,who must by necessity, use the public highways
and therefore be exposed to license plate messages, from offensive, obscene or
unduly distractive messages that may tend to impair their safety or privacy.
(4) Protect license plates,which are necessary to the lawful regulation and
identification of vehicles, from vandalism and defacement that impairs their
function.
(5) Avoid the appearance of governmental approval of conduct inimical to the safe,
responsible operation of vehicles.
Rule 15.6 Issuance and Replacement of Special Number Plates.
(a) Upon receipt of the special number plate, the Director shall send a letter to the applicant
at the address indicated on the application form.
(b) The application and renewal fees for special number plates shall be in addition to all
other fees and taxes required under Chapters 249 and 286, Hawaii Revised Statutes, for
issuance of the special number plates to the vehicle and shall not be refundable.
(c) Upon the loss, defacement or destruction of a special number plate, the owner may
request for the reproduction of the same number plate upon payment of a special number
plate replacement fee of$20.
(d) When an old series of license plates arc replaced by a new series of license plates, the
holders of special number plates shall be given first preference to apply for renewal of
said special number plates. The Director shall determine the length of such renewal
period. If the special number plates are not renewed within the renewal period,the
letter/numeral combination shall become available for request to any application
thereafter.
(1) The following procedures may be observed by the Director to apprise motorists of
renewal or re-issuance of special number plates when a new series of license
plates are to be issued:
(A) Publish in a newspaper of general circulation a notice of renewal of
special number plates. Such publication shall appear at an appropriate
time so as to permit interested motorists to submit applications for renewal
of special number plates and shall contain the period in which application
shall be made therefore; or
(B) Notice sent to the address of the registered owners of record who are
currently listed on the motor vehicle computer file. Notices need not be
sent to registered owners whose name and address are not currently listed
on the motor vehicle computer file.
Rule 15.7 Surrender of Special Number Plate.
An owner of a special number plate may surrender the special number plate to the
Director for future assignment to another vehicle. The owner shall be subject to the applicable
provisions,taxes, and fees of Chapters 249 and 286,Hawaii Revised Statutes.
Rule 15.8 Plates Transferable.
Special number plates may be transferable pursuant to Section 249-7,Hawai'i Revised
Statutes, and the rules and regulations of the Director of Finance.
Rule 15.9 Right of Applicant to a Hearing.
Whenever the Director denies the issuance of a special number plate pursuant to the
Hawaii Revised Statutes or these rules and regulations of the Director of Finance,the applicant
shall have ten days to file a notice of appeal for a hearing with the Director.
Rule 15.10 Hearing.
Within twenty working days from the filing of such notice of appeal,the Director or a
designated hearing officer shall conduct a hearing. The hearing shall be conducted in conformity
with the provisions of Section 91-9,Hawaii Revised Statutes,relating to contested cases.
Rule 15.11 Decision and Order.
Within ten working days after the hearing,the Director may rescind or affirm the denial.
Each decision or order adverse to the applicant shall be in writing or stated in the record and
shall be accompanied by separate findings of fact and conclusions of law. The applicant shall be
notified by delivery or mailing of a certified copy of the decision and order and accompanying
findings and conclusions within a reasonable time to the applicant or his attorney of record.
Rule 15.12 Reconsideration.
Any applicant to whom an adverse decision and order has been rendered by the Director
may request a reconsideration of such adverse decision and order provided that such request shall
be based on new evidence which was not considered by the Director during the original hearing.
Rule 15.13 Appeal to District Court.
An applicant to whom an adverse decision and order or ruling has been rendered may file
an appeal to the District Court of Hawaii as provided in Section 286-58, Hawaii Revised
Statutes.
Rule 15.14 Severability.
If any provision of these rules or the applicability thereof should be held invalid for any
reason, such invalidity shall not affect other provisions or applications which can be given effect
without the invalid provisions or applications and to this end these rules are declared to be
severable.
Rule 15.15 Effective Date.
These rules and regulations shall take effect ten days after filing with the County Clerk.
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 16
RULES AND REGULATIONS RELATING TO THE ISSUANCE OF
SPECIALTY LICENSE PLATES PURSUANT TO
SECTION 249-9.2,HAWAII REVISED STATUTES
Rule 16.1 Purpose and Scope
These rules govern the requirements and procedures to be followed for issuance of
specialty license plates pursuant to Section 249-9.2, Hawaii Revised Statutes.
Rule 16.2 Definitions.
As used in these rules,unless the context clearly requires otherwise:
(a) "Director" shall mean the Director of Finance of the County of Hawaii, or his duly
authorized subordinates.
(b) "Specialty license plates" shall mean license plates which are specifically authorized by
statutes and which may not have the same letter-numeral combination as regular issued
license plates but are not special license plates issued pursuant to Section 249-9.1,
Hawaii Revised Statutes. The background design of specialty license plates shall be the
same as regular issued license plates.
(c) "Regular issued license plates"shall mean license plates which conform to the
requirements of Section 249-9,Hawaii Revised Statutes.
Rule 16.3 Applicable Laws.
The requirements for qualification and issuance of specialty license plates shall be in
accordance with the applicable provisions of Chapter 249 and Chapter 286,Hawaii Revised
Statutes.
Rule 16.4 Application for Specialty License Plates.
(a) An applicant for a specialty license plate shall complete and sign the appropriate
application form for such license plates.
(b) The applicant must provide the following evidence of eligibility for issuance of a
designated type of specialty license plates:
(1) COMBAT WOUNDED LICENSE PLATE
The following shall be accepted as proof that the applicant was awarded the
Purple Heart Medal:
(A) DD Form 214.
(B) Official military orders.
(C) Verification letter issued by the Veterans Administration.
(D) Verification letter issued by Office of Veteran Services, State of Hawaii.
(2) VETERAN LICENSE PLATE
The following shall be accepted as proof that the applicant is a veteran who has
been honorably discharged from active military service:
(A) DD Form 214.
(B) Official military orders.
(C) Verification letter issued by the Veterans Administration.
(D) Verification letter issued by Office of Veteran Services, State of Hawaii.
Rule 16.5 Issuance and Replacement of Specialty License Plates.
(a) Specialty license plates shall be issued only to a vehicle which the applicant is the
registered owner. If the applicant requests issuance of a specialty license plate to a leased
vehicle,the applicant shall provide the lease agreement,which must indicate that the
applicant is the lessee.
(b) Unless otherwise provided by statutes, only one type of specialty license plates may be
issued to an applicant.
(c) Specialty license plates may not be issued to motorcycles and trailers.
(d) Specialty license plates shall be issued in consecutive order. No reservations for a
particular number shall be honored.
(e) If one or both specialty license plates are lost, stolen or mutilated,the qualified applicant
may request a replacement. Such replacement shall be the next license plates in
numerical sequence which are currently being issued.
Rule 16.6 Transfer of Registered Ownership for Vehicles Assigned Specialty License Plates.
(a) Prior to the transfer of ownership of a qualified person's vehicle to another party,the
specialty license plates shall be surrendered to the Director of Finance as a condition
precedent to the issuance of replacement license plates.
(b) The transfer of registered ownership for a vehicle shall not be recorded until the specialty
license plates assigned to that vehicle have been replaced.
(c) Upon written request by the survivor of a person qualified for issuance of the specialty
license plates,the Director of Finance may authorize the survivor to retain the front
specialty license plate as a memorial.
Rule 16.7 Plates Transferable.
Specialty license plates may be transferable pursuant to Section 249-7, Hawaii Revised
Statutes.
Rule 16.8 Taxes and Fees.
(a) The fee for specialty license plates shall be the fee prescribed by ordinance for issuance
of regularly issued license plates.
(b) Vehicles issued specialty license plates shall be subject to all taxes and fees which are
applicable to vehicles issued regular license plates.
Rule 16.9 Change of License Plate Design.
Specialty license plates shall conform to the background design requirements of regular
license plates. Upon change of license plate design of the regular license plates, the design of
specialty license plates shall be changed. Public notification and change procedures shall be the
same as regular license plates. Issuance of the new design license plates shall be in consecutive
order.
Rule 16.10 Right of Applicant to a Hearing.
Whenever the Director denies the issuance of specialty license plates pursuant to the
Hawaii Revised Statutes or these Rules and Regulations of the Director of Finance,the
applicant shall have ten days to file a notice of appeal for a hearing with the Director.
Rule 16.11 Hearing.
Within twenty working days from the filing of such notice of appeal, the Director or a
designated hearing officer shall conduct a hearing. The hearing shall be conducted in conformity
with the provisions of Section 91-9,Hawaii Revised Statutes,relating to contested cases.
Rule 16.12 Decision and Order.
Within ten working days after the hearing,the Director may rescind or affirm the denial.
Each decision or order adverse to the applicant shall be in writing or stated in the record and
shall be accompanied by separate findings of fact and conclusions of law. The applicant shall be
notified by delivery or mailing of a certified copy of the decision and order and accompanying
findings and conclusions within a reasonable time to the applicant or his attorney of record.
Rule 16.13 Reconsideration.
Any applicant to whom an adverse decision and order has been rendered by the Director
may request a reconsideration of such adverse decision and order provided that such request shall
be based on new evidence which was not considered by the Director during the original hearing.
Rule 16.14 Appeal to District Court.
An applicant to whom an adverse decision and order or ruling has been rendered may file
an appeal to the District Court of Hawaii as provided in Section 286-58, Hawaii Revised
Statutes.
Rule 16.15 Severability.
If any portion of these rules or the applicability thereof should be held invalid for any
reason, such invalidity shall not affect other provisions or applications which can be given effect
without the invalid provisions or applications and to this end these rules are declared to be
severable.
Rule 16.16 Effective Date.
These rules and regulations shall take effect ten days after filing with the County Clerk.
DEPARTMENT OF FINANCE TREASURY DIVISION
COUNTY OF HAWAII
APPLICATION FOR SPECIALTY LICENSE PLATES
In accordance with Section 249-9.2,Hawaii Revised Statutes, I hereby make application
for the following specialty license plates:
COMBAT WOUNDED VETERAN
I request that the specialty license plates be assigned to
which is currently registered in my name. (License Plate Number)
I certify that I am eligible for issuance of these specialty license plates to my vehicle
pursuant to the Rules and Regulations of the Director of Finance. I have attached documentary
evidence of my eligibility, my current certificate of registration for my vehicle,my currently
issued license plates, required fees and periodic vehicle inspection certificate, if required. I
understand that specialty license plates may not be assigned to motorcycles and trailers.
I understand these specialty license plates will be invalid upon expiration of the current
regular issued license plates and although I may not receive personal notification of such license
plate change,I am responsible for re-applying for the new series of specialty license plates. Prior
to transferring the registered ownership of a vehicle assigned these specialty license plates, I will
surrender these plates and obtain regular issued license plates. I understand that a transfer of
registered ownership out of my name will not be recorded until the specialty license plates are
replaced.
Unless otherwise provided by law, I am eligible to obtain only one type of specialty
license plates and I must pay for all applicable taxes and fees as a condition precedent to
registration and assignment of the specialty license plates.
(Date) (Signature of Applicant/Registered Owner)
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 17
RULES AND REGULATIONS RELATING TO TAXICABS
Rule 17.1 Purpose of Rules.
These rules and regulations are intended to clarify and implement the provisions of
Chapter 1S, Hawai`i County Code,relating to public transportation.
Rule 17.2 Definitions.
For the purpose of these rules and regulations, the following terms,phrases,words and
their derivations shall have the meaning given herein. When not inconsistent with the context,
words used in the present tense include the future,words in the plural number include the
singular number, and words in the singular number include the plural number. The word"shall"
is always mandatory and not merely directory.
(a) "Certificate"means a Certificate of Public Convenience and Necessity issued by the
Hawaii County Transportation Commission.
(b) "Chief of Police"means the Chief of Police of the County of Hawaii or his duly
authorized subordinates.
(c) "Commission"means the Hawaii County Transportation Commission.
(d) "Director"means the Director of Finance of the County of Hawaii or his duly authorized
subordinate.
(e) "Permit"means a taxicab driver's permit issued by the Director of Finance.
(f) "Taxi" or"taxicab"means a vehicle designed to carry not more than eight passengers
equipped with a taximeter operated by a taxicab driver,which is used in the movement of
passengers for hire on the public highways and which is directed to a destination by the
passenger for hire or on the passenger's behalf and which operates on call or demand.
(g) "Taxicab company"means any person or entity which holds licenses for one or more
taxicabs, leases motor vehicles to drivers to be used as taxicabs, or which operates a
central dispatch service for one or more taxicabs.
Rule 17.3 Moral Character of Applicant.
Each applicant for a new permit or a renewal of an existing permit shall obtain a criminal
abstract from the Office of the Attorney General, Hawaii Criminal Justice Data Center, and a
traffic abstract from the Traffic Violations Bureau of the District Court and shall present these
documents to the Director of Finance prior to the issuance of a permit. The date of the criminal
and traffic abstract shall not be more than thirty days before issuance of the taxicab driver's
permit. The application for an initial permit or for a renewal of a permit shall be denied if
(1) The applicant has a criminal conviction involving offenses against the person or property
of another, including: theft, assault,kidnapping,manslaughter,murder,negligent
homicide,reckless endangering, robbery, or larceny(2nd degree); any criminal
conviction involving offenses that are sex related, including: displaying indecent matter,
indecent exposure, open lewdness,promoting pornography,prostitution or promoting
prostitution,rape, sexual abuse, or sodomy; criminal convictions involving offenses that
are drug related, including: promoting a dangerous drug,promoting a detrimental drug,
promoting a harmful drug, or promoting an intoxicating compound; criminal convictions
involving traffic violations while operating a moving vehicle, including: driving under
the influence of an intoxicant, driving under the influence of drugs, or heedless and
careless driving while operating a vehicle.
(2) The applicant has conviction/fines for any major traffic offense, including: driving under
the influence of intoxicating liquor, driving under the influence of drugs, operating a
vehicle under the influence of an intoxicant,heedless and careless driving while
operating a vehicle,reckless driving,racing on highways, speeding in school zone or
construction area, or excessive speeding.
(3) The applicant has been convicted of or fined for repeated minor traffic offenses,
including all moving violations not listed above and any regulatory violations,within the
past year.
(4) The applicant has been convicted of or fined for a violation of any county, state or federal
law relating to the use,possession, or sale of alcoholic beverages or substances regulated
by the State Controlled Substance Act; or
(5) The applicant has demonstrated through past relevant work performance and contacts
with people, insufficient emotional stability to effectively operate a taxicab and deal with
the public.
The Director may use discretion,to deny an application for a permit if a criminal offense has
occurred which is determined to be detrimental to public safety. The Director may grant a
permit despite the presence of one or more of the factors enumerated in subsections 1, 2, 4 and 5
above if the Director concludes that the applicant has established to the Director's satisfaction
that the behavior evidenced by such factor is not likely to reoccur, or is remote in time, or
occurred under circumstances which diminish the seriousness of the factor as it relates to the
purposes of this Rule.
Rule 17.4 Physical Fitness of Applicant.
Each applicant for a new permit or a renewal of an existing permit shall present to the
Director of Finance a Finding of Physical Fitness that shall specifically comment on
standards(a) and(b) of this section, from a medical doctor or doctor of osteopathy licensed to
practice in the State of Hawaii. The application for an initial permit or for a renewal of a permit
shall be denied by the Director of Finance if the Findings of Physical Fitness states that:
(a) The applicant suffers from epilepsy,vertigo,heart trouble, or any other-infinity of body
or mind which might render him unfit for the safe operation of a public vehicle; or
(b) The applicant is a habitual drunkard or is addicted to the use of narcotic drugs.
The Director may grant a permit despite the presence of one or more factors in subsection a and
b above if a licensed medical doctor or doctor of osteopathy states on the Findings of Physical
Fitness that applicant is permitted to drive.
The Director of Finance may at the Director's discretion require an applicant to undergo a
physical examination by a licensed medical doctor or doctor of osteopathy if the Director deems
it necessary to ensure compliance with this rule.
Rule 17.5 Department of Finance inspection as Evidence of Compliance.
(a) The Director shall inspect each vehicle to be used as a taxicab at least once a year prior to
the issuance of the annual taxicab license. The Director shall examine each vehicle to
determine whether it is in compliance with the following as required by Article 2,
Chapter 18 of the Hawai'i County Code, and these rules:
(1) Taxicab driver's permit mounted so that it is visible to all passengers.
(2) Schedule of the rates of fare posted in a conspicuous place within the taxicab so
that it is readily visible to all passengers.
(3) Bilingual (English and Japanese)notice of where to file complaints posted in a
conspicuous place within the taxicab so that it is readily visible to all passengers.
(4) Vehicle is in reasonably clean and safe condition, inside and out.
(5) Vehicle is identified as a taxicab by a roof sign(which may be a dome light sign),
and what the roof sign reads on front,back and sides shall be recorded on the
inspection form.
(6) Taxicab control numbers are posted on the front and rear bumpers as provided by
this rule.
(7) The taximeter installed is sealed and has a current certificate of inspection by the
State Division of Measurement Standards.
(b) The Director shall indicate compliance with or violations of these requirements on an
inspection form supplied to the applicant by the Director.
Rule 17.6 Severability.
If any provision of these rules or the applicability thereof should be held invalid for any
reason, such invalidity shall not affect other provisions or applications which can be given effect
without the invalid provisions or applications and to this end these rules are declared to be
severable.
Rule 17.7 Effective date.
This rule shall become effective ten days after filing with the County Clerk.
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 18
RULES AND REGULATIONS RELATING TO
PERMANENT REGISTRATION OF FLEET VEHICLES
Rule 18.1 Purpose and Scope.
These rules govern the procedures to be followed for the issuance,renewal, additions,
deletions, cancellation and payment of fees for permanent registration of fleet vehicles.
Rule 18.2 Definitions.
As used in these rules,unless the context clearly requires otherwise:
(a) "Director" shall mean the Director of Finance of the County of Hawaii, or his duly
authorized subordinates.
(b) "Division" shall mean the Treasury Division,Department of Finance, County of Hawaii.
(c) "Fleet"shall mean twenty-five or more vehicles consisting of commercial motor vehicles,
commercial trailers or passenger automobiles registered or leased to a commercial
company. All such vehicles shall display in a conspicuous place on both the right and
left side of each vehicle,the name,trademark, or logo of the company. The display of
the name,trademark, or logo shall be printed in sharp contrast to the background of the
vehicle and shall be of such size, shape and color as to be readily identifiable during
daylight hours from a distance of fifty feet.
(d) "Companies" shall mean those commercial companies who elect to register their fleet
under the permanent fleet registration system.
(e) "DF-L-79" shall mean the Application for Fleet Addition form,produced by the
Department of Finance, for adding to the fleet registration system. These forms must be
certified by an authorized company representative.
(f) "DF-L-80" shall mean the Application for Fleet Deletion form,produced by the
Department of Finance, for deleting from the fleet registration system. These forms must
be certified by an authorized company representative.
Rule 183 Letter of Authorization.
All forms necessary for the registration of vehicles under the permanent fleet registration
system must be certified,under penalty of perjury,by an authorized company representative. A
letter of authorization, signed by a corporate officer, listing their authorized company
representatives must be submitted to the Division.
Rule 18.4 Conversion.
(a) Companies will receive renewal cards forty-five days prior to the last day of the month
their vehicles have been staggered.
(b) Companies who qualify under Section 286-53.5, Hawaii Revised Statutes, and desire to
register their fleet shall comply with Rule 18.7,Addition to Fleet Registration, for each
renewal period until all desired vehicles have been registered.
(c) Companies may not convert any vehicle into the permanent fleet registration system out
of the vehicle's staggered monthly sequence.
(d) For the conversion only, companies may delay for ten working days the surrender of the
previously issued license plates. Companies must list the license plates that will be
surrendered and certify in writing that these license plates will be surrendered to the
Division within ten working days after the receipt of the permanent fleet license plates.
This letter, signed by an authorized company representative,must accompany the
application for fleet registration.
Rule 18.5 Fleet Renewal.
a) Companies who have registered under the permanent fleet registration system will
receive renewal cards and a computer listing of all fleet vehicles forty-five days prior to the last
day of their respective expiration month.
(b) Companies will be responsible for any additions or deletions from the listing sent to
them. Vehicles not deleted from the listing will be automatically renewed pursuant to
Sections 286-5').5 and 286-53.6,HRS, and all renewals for that company shall be
rejected by the Division until the fees are paid or vehicles deleted as prescribed by these
rules. A validated copy of the DF-L-80 must be submitted with the renewal listing for
each vehicle deleted from the permanent fleet registration system.
(c) Vehicles must be reregistered at the time of transfer of ownership if such transfer occurs
forty-five days prior to the expiration date of the registration.
(d) Companies will be responsible for the submission of any required certificates of safety or
PUC inspections.
(e) Companies will be responsible for the submission of any required traffic violation
clearances.
(f) The renewal cards,total payment due, corrected copy of the renewal listing and any other
requirements must be mailed or delivered to the Division no later than ten working days
before the last working day of the vehicles' respective expiration date.
(g) Companies are still responsible for the monthly renewals of their fleet even if they are not
sent the renewal notification.
Rule 18.6 Addition to Fleet Reiistration.
(a) Initial application for vehicles not registered in County of Hawaii:
(1) Complete DF-L-79 for each vehicle.
(2) Complete all requirements for the initial application for registration.
(3) Payment of all required fees.
(b) Application for vehicles currently registered in County of Hawaii:
(1) Complete DF-L-79 for each vehicle.
(2) Surrender previously issued license plates and current Certificate of Registration.
(3) If transfer of ownership, complete all requirements for the transfer.
(4) Payment of all required fees.
(c) The Division will issue permanent certificate of registration and license plates and the
vehicle will be added to the company's renewal listing.
Rule 18.7 Deletion From Fleet Registration.
(a) Complete DF-L-80 for each vehicle.
(b) Surrender current permanent Certificate of Registration for cancellation. If the vehicle's
registration has not been paid for the current year, the company is responsible for
payment of the required fees before deletion. If the permanent Certificate of Registration
is lost,the company must obtain a duplicate permanent Certificate of Registration and
surrender that certificate for cancellation.
(c) Surrender the permanent fleet license plates for that vehicle. If the permanent fleet
license plates are lost or stolen,the company must certify that the plates are lost and if
stolen, a report must be filed with the Hawaii Police Department.
(d) The Division will return the cancelled permanent Certificate of Registration to the
company upon completion of the aforementioned requirements. The cancelled
permanent Certificate of Registration must be given to the buyer of a previously
registered fleet vehicle to complete the transfer of ownership.
(e) The company may apply for regular license plates and emblems upon completion of
items (a), (b) and(c) of this section and the payment of the required fees.
(f) Failure to properly delete a vehicle from the permanent fleet registration system will
require payment by the fleet owner of fees due for registration of the vehicle as though
the vehicle remained part of the fleet.
(g) A validated copy of the DF-L-80 must accompany the renewal listing for each vehicle
deleted from the permanent fleet registration system if the vehicle appears on the listing.
Rule 18.8 Plate Replacement and Duplicate Certificate of Registration.
(a) Companies may apply for replacement of permanent license plates which are lost, stolen
or mutilated. Application for Replacement of License Plate, Emblem and/or Tag will be
utilized for this purpose and the remaining plate must be returned for cancellation. If
plates are stolen, a report must be filed with the Hawaii Police Department and the report
number written on the application.
(b) Companies may apply for duplicate permanent Certificate of Registration by completing
the Application for Duplicate Motor Vehicle Certificate of Registration.
(c) All required fees for the aforementioned applications must be paid upon application.
Rule 18.9 Penalties.
(a) All penalties applicable to other types of motor vehicle registrations and transactions are
also applicable to the permanent fleet registration system.
(b) The Division will reject any application for permanent fleet registration until all
requirements have been met. Penalty will be assessed if the transaction is not completed
within the required time period.
(c) The Division will reject the entire monthly fleet registration renewal if any discrepancy
exists and the entire listing for that renewal month will be subject to penalty if submitted
after the expiration date.
(d) Fees determined to be due and owing under these rules and regulations,
Sections 286-63.5 and 286-63.6,HRS, shall be a lien upon all vehicles of the company
subject to registration under Chapter 286, Hawaii Revised Statutes,whether or not they
are fleet vehicles.
(e) Falsification of the DF-L-79 and/or DF-L-80 shall subject the company to
Section 710-1063, Hawaii Penal Code.
Rule 18.10 Severability.
If any portion of these rules or the applicability thereof should be held invalid for any
reason, such invalidity shall not affect other provisions or applications which can be given effect
without the invalid provisions or applications and to this end these rules are declared to be
severable.
Rule 18.11 Effective Date.
These rules and regulations shall take effect ten days after filing with the County Clerk.
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 19
RULES AND REGULATIONS RELATING
TO USED MOTOR VEHICLE PARTS AND ACCESSORIES
Rule 19.1 Definitions.
(a) "Motor Vehicle Part or Accessory"—A major part or accessory, such as a body shell,
transmission, engine,bucket seat,radio, stereo or mag wheel.
Rule 19.2 Kind of Business For Which License Required.
(a) Purchasing or selling used motor vehicle parts or accessories.
(b) Engaging in the business of wrecking, salvaging, or dismantling motor vehicles for the
purpose of reselling the parts or accessories thereof.
(c) Rebuilding wrecked or dismantled vehicles for the purpose of resale.
Rule 19.3 Application for License.
Any person who wishes to obtain a license shall make application therefor by completing
an application form (Appendix A)available at the Treasury Division of the Department of
Finance. The application must be accompanied by a police abstract of criminal record for the
applicant, each partner or joint venturer, each corporate officer and director, and each employee.
Rule 19.4 Renewal of License.
(a) Prior to the expiration of a license and in lieu of an application for renewal of a license, a
licensee may submit a verified certificate showing that no proceeding is pending for the
suspension or revocation of his license and that there has been no change, or no change
with specified exceptions, since the last filing of an application with respect to:
(1) Owners,partners, officers or directors.
(2) Location of offices, or principal place of business.
(b) An application form (Appendix A)may be used to renew an existing license. Renewal
application must be filed on or before June 30 of each year.
Rule 19.5 License Fee.
A license fee of$10 for engaging in each kind of business must accompany the
application for new license or renewal of an existing license.
Rule 19.6 Term of License.
Every license shall be effective on July 1 or upon approval thereafter and shall expire on
June 30 next following the date of issuance,unless sooner terminated, suspended or revoked.
Rule 19.7 Change in Personnel.
(a) In an individual proprietorship,the sale or transfer of the business covered by the license
shall automatically terminate the license. The buyer or transferee of the business must
file an application for a new license.
(b) Whenever a person not covered by a police abstract of criminal record on file with the
Director of Finance is to become an officer, director,partner or employee of a licensee,
the licensee,prior to such event, shall submit a police abstract of criminal record covering
such person.
Rule 19.8 Records to be Kept by Licensee.
(a) Master Record. The Licensee shall make a record in duplicate on loose-leaf pages
obtainable from the Director of Finance of all acquisitions, consignments, sales and
exchanges of wrecked, salvaged or rebuilt motor vehicles, or used motor vehicle parts or
accessories without regard to whether or not consideration was involved. in addition,
such record shall include all consideration, including anything of value,paid or agreed to
be paid to or by any person for each wrecked, salvaged, or rebuilt motor vehicle, or each
used motor vehicle part or accessory purchased, sold, consigned to be sold, or exchanged.
The original of the record shall be maintained in a loose-leaf book and kept for three
years. All loose-leaf pages in said book shall be numbered in numerical order. Within
ten days after the close of a month, the duplicate copy of the record of all transactions in
the month shall be sent to the Hawaii Police Department,Detective Division. The
loose-leaf pages in said book shall be consecutively numbered and shall contain columns
with the following headings:
(1) Identification or Stock Number. Enter licensee's identification or stock number.
(2) Date of Purchase. Date of acquisition by licensee.
(3) Description. Enter manufacturer's serial number as part of description whenever
the part and/or accessory bear such number as well as the make(such as Ford,
Chevrolet, etc.),kind of part or accessory. In the case of wrecked, salvaged, or
dismantled motor vehicle the make,type,year,model and serial number shall be
entered for this purpose.
(4) Purchased From. Enter name, address and driver's license number of the person
from whom the wrecked, salvaged, or rebuilt motor vehicle, or used motor vehicle
part or accessory was acquired.
(5) Purchase Price. Enter the consideration, including anything of value,paid or to be
paid for the wrecked, salvaged, or rebuilt motor vehicle,used motor vehicle part
or accessory.
(6) Sale Price. The consideration received by the licensee for the item sold.
(7) Date of Sale. Date the item was sold by the licensee.
(8) Name and Address of Purchaser. Enter name and address of the purchaser of the
used motor vehicle part or accessory or the rebuilt motor vehicle.
(9) Commission Paid To. Enter name and address of any person to whom any
money, commission, or anything of value, or to whom the same is due and owing,
in connection with the sale or purchase of any wrecked, salvaged, or rebuilt motor
vehicle, or used part or accessory.
(b) Supplemental Report. Whenever an item is sold after the month in which it was
acquired,the licensee shall prepare a supplemental report in duplicate on a form
obtainable from the Director of Finance covering the sale. The item sold shall be
identified in the supplemental report form by its identification or stock number and the
page number of the original record covering its acquisition. The original of a
supplemental report shall be maintained in a loose-leaf book and kept for three years.
The duplicate copy of the supplemental report shall be sent to the Hawaii Police
Department,Detective Division,within ten days after the close of the month in which the
item was sold.
Rule 19.9 Other Requirements of Licensee.
(a) Except where a motor vehicle was the subject of a total loss insurance settlement, the
licensee shall,upon acquiring a registered motor vehicle,with or without consideration,
for wrecking, salvaging or dismantling, forward the said motor vehicle's endorsed
certificate of ownership, certificate of registration and license plates to the Director of
Finance, together with a notification on a form furnished by the Director of Finance,
within ten days from the acquisition. Where a motor vehicle was the subject of a total
loss insurance settlement, the licensee,upon acquiring the same, shall note this fact in the
record relating to the acquisition. If the motor vehicle had no certificate of registration or
license plate or plates at the time of its acquisition, then the licensee shall submit a
statement showing in detail the efforts made to obtain the certificate of registration or
license plate or plates.
(b) In the event the wrecked or salvaged motor vehicle is rebuilt or restored for use upon
public highways,the licensee shall famish the purchaser with a notarized bill of sale,
certificate of safety inspection, and application for registration of said rebuilt or restored
motor vehicle for presentation to the Director of Finance.
Rule 19.10 Severability.
If any provision of these rules or the applicability thereof should be held invalid for any
reason, such invalidity shall not affect other provisions or applications which can be given effect
without the invalid provisions or applications and to this end these rules are declared to be
severable.
Rule 19.11 Effective Date.
These rules and regulations shall take effect ten days after filing with the County Clerk.
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 20
RESERVED
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULE 21
RULES AND REGULATIONS RELATING TO THE LICENSING
OF GUIDE, SIGNAL OR SERVICE DOGS
Rule 21.1 Purpose and Scope.
These rules govern the requirements and procedures to be followed for the issuance of
licenses to guide, signal and service dogs pursuant to Section 143-4,Hawaii Revised Statutes.
Rule 21.2 Definitions.
As used in these rules,unless the context clearly requires otherwise:
(a) "Director" shall mean the Director of Finance of the County of Hawaii, or his duly
authorized subordinates.
(b) "Assistance dog" shall mean any dog which has been certified as a guide dog, signal or
hearing dog, or service dog.
(c) "Guide dog" shall have the same meaning as defined in Section 515-3, Hawaii Revised
Statutes.
(d) "Service dog" shall have the same meaning as defined in Section 515-3, Hawaii Revised
Statutes.
(e) "Signal dog" shall have the same meaning as defined in Section 515-3, Hawaii Revised
Statutes.
(f) "Hearing dog" shall have the same meaning as a signal dog.
(g) Dog license and registration card are synonymous for purposes of this rule.
(h) "Person with a disability" shall mean an individual who has a physical or mental
impairment that substantially limits one or more major life activities,has a record of such
an impairment, or is regarded as having such an impairment.
Rule 21.3 Applicable Laws.
The requirements for licensing of guide, service and signal dogs shall be in accordance
with the applicable provisions of Chapter 143,Hawaii Revised Statutes.
Rule 21.4 Application for Licensing of a Guide, Signal or Service Dog.
(a) Depending upon the type of assistance dog, an Application for Dog License shall be
submitted with one of the following:
(1) Guide dog—appropriate documentation from an accredited guide dog trainer
certifying the dog to be a guide dog.
(2) Signal or hearing dog—appropriate documentation from a nationally or
internationally recognized signal or hearing dog organization or an accredited dog
trainer recognized by the Hawaii Island Humane Society, certifying the dog to be
a signal or hearing dog.
(3) Service dog—appropriate documentation from a nationally or internationally
recognized service dog organization or an accredited dog trainer recognized by
the Hawaii Island Humane Society, certifying the dog to be a service dog.
(b) If there are any questions whether an organization is nationally or internationally
recognized or certified, or an assistance dog trainer is accredited,the final determination
shall be made by the Hawaii Island Humane Society or any other appropriate resource
agency designated by the Director or the Director's designee.
Rule 21.5 Dog License and Re)4istration Card.
(a) The dog license or registration card shall be clearly marked with the notation, "Guide
Dog,""Signal or Hearing Dog"or"Service Dog."
(b) The dog license or registration card shall be carried by the person with a disability being
accompanied by the assistance dog. The person with a disability may choose to show the
card.
Rule 21.6 Unauthorized Use; Penalty.
The dog license or registration card shall not be used by anyone other than a person with
a disability and the metal tag shall be worn only by the dog to whom it was issued. Any
unauthorized person using the dog license or registration card or utilizing the metal tag on a dog
that is not an assistance dog shall be guilty of any applicable law and subject to the penalties
provided by such law. A dog license may be revoked for any unauthorized use.
Rule 21.7 Currently Licensed Assistance Dogs.
Persons with disabilities who are owners of assistance dogs that are currently licensed are
not required to obtain a new license prior to their expiration date. However, their dog license or
registration card will not have the guide, signal, or service dog notation. To obtain the
appropriate notation on the dog license or registration card before the expiration date, the owner
must provide the applicable documentation together with the current dog license or registration
card. The new dog license or registration card with the appropriate notation shall maintain the
same expiration date.
Rule 2 1.8 Renewal.
(a) Unless otherwise required by the Director,the certifying documentation shall not be
required for each renewal of an assistance dog that has the proper notation on the dog
license or registration card.
(b) Persons with disabilities who are owners of assistance dogs that do not have the
applicable notation on the dog license or registration card may submit the appropriate
certifying documentation upon renewal of the dog's license. The procedures specified in
Section 21.5 shall be followed for certification.
Rule 21.9 Right of Applicant to a Hearing.
Whenever the Director denies an application for licensing of a guide, signal or hearing, or
service dog pursuant to the Hawaii Revised Statutes or these Rules and Regulations of the
Director of Finance,the applicant shall have ten calendar days to file a written notice of appeal
for a hearing with the Director.
Rule 21.10 Hearing.
Within twenty calendar days from the filing of such notice of appeal,the Director or a
designated hearing officer shall conduct a hearing. The hearing shall be conducted in conformity
with the provisions of Chapter 91,Hawaii Revised Statutes,relating to contested cases.
Rule 21.11 Decision and Order.
Each decision or order adverse to the applicant shall be in writing or stated in the record
and shall be accompanied by separate findings of fact and conclusions of law. The applicant
shall be notified by delivery or mailing of a certified copy of the decision and order and
accompanying findings and conclusions with a reasonable time to the applicant or his attorney of
record.
Rule 21.12 Appeal to Circuit Court.
An applicant to whom an adverse decision and order or ruling has been rendered may file
an appeal to the Circuit Court of Hawaii as provided in Section 91-14,Hawaii Revised
Statutes.
Rule 21.13 Severability.
If any portion of these rules or the applicability thereof should be held invalid for any
reason, such invalidity shall not affect other provisions or applications which can be given effect
without the invalid provisions or applications and to this end these rules are declared to be
severable.
Rule 21.14 Effective Date.
These rules and regulations shall take effect ten days after filing with the County Clerk.
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 22
RESERVED
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 23
RESERVED
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 24
RESERVED
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 25
RESERVED
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 26
RESERVED
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 27
RESERVED
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 28
RESERVED
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 29
RESERVED
DEPARTMENT OF FINANCE
COUNTY OF HAWAII
STATE OF HAWAII
RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE
RULE 30
RESERVED