§269-15  Commission may institute proceedings to enforce chapter.  (a)  If the public utilities commission is of the opinion that any public utility or any person is violating or neglecting to comply with any provision of this chapter or of any rule, order, or other requirement of the commission, or of any provisions of its franchise, charter, or articles of association, if any, or that changes, additions, extensions, or repairs are desirable in its plant or service to meet the reasonable convenience or necessity of the public, or to insure greater safety or security, or that any rates, fares, classifications, charges, or rules are unreasonable or unreasonably discriminatory, or that in any way it is doing what it ought not to do, or not doing what it ought to do, it shall in writing, on paper or electronically, inform the public utility or the person and may institute proceedings before it, as may be necessary to require the public utility or the person to correct the deficiency.  The commission may, by order, direct the consumer advocate to appear in the proceeding to carry out the purposes of this section.  The commission may examine into any of the matters referred to in section 269-7, notwithstanding that the same may be within the jurisdiction of any court or other body; provided that this section shall not be construed as in any manner limiting or otherwise affecting the jurisdiction of the court or other body.

     (b)  In addition to any other remedy available, the commission or its enforcement officer may issue citations to any person acting in the capacity of or engaging in the business of a public utility within the State, without having a certificate of public convenience and necessity or other authority previously obtained under and in compliance with this chapter or the rules adopted thereunder.

     (1)  The citation may contain an order of abatement and an assessment of civil penalties as provided in section 269-28(c).  All penalties collected under this subsection shall be deposited in the treasury of the State.  Service of a citation issued under this subsection shall be made by personal service whenever possible, or by certified mail, restricted delivery, sent to the last known business or residence address of the person cited.

     (2)  Any person served with a citation under this subsection may submit a written request, on paper or electronically, to the commission for a hearing within twenty days from the receipt of the citation, with respect to the violations alleged, the scope of the order of abatement, and the amount of civil penalties assessed.  If the person cited under this subsection timely notifies the commission of the request for a hearing, the commission shall afford an opportunity for a hearing under chapter 91.  The hearing shall be conducted by the commission, or the commission may designate a hearings officer to hold the hearing.

     (3)  If the person cited under this subsection does not submit a written request, on paper or electronically, to the commission for a hearing within twenty days from the receipt of the citation, the citation shall be deemed a final order of the commission.  The commission may apply to the appropriate court for a judgment to enforce the provisions of any final order, issued by the commission or designated hearings officer pursuant to this subsection, including the provisions for abatement and civil penalties imposed.  In any proceeding to enforce the provisions of the final order of the commission or designated hearings officer, the commission need only show that the notice was given, a hearing was held, or the time granted for requesting the hearing has run without such a request, and a certified copy of the final order of the commission or designated hearings officer.

     (4)  If any party is aggrieved by the decision of the commission or the designated hearings officer, the party may appeal to the intermediate appellate court, subject to chapter 602, in the manner provided for civil appeals from the circuit court; provided that the operation of an abatement order shall not be stayed on appeal unless specifically ordered by a court of competent jurisdiction after applying the stay criteria enumerated in section 91-14(c).  The sanctions and disposition authorized under this subsection shall be separate and in addition to all other remedies either civil or criminal provided in any other applicable statutory provision.  The commission may adopt rules under chapter 91 as may be necessary to fully effectuate this subsection. [L 1913, c 89, §13; RL 1925, §2201; RL 1935, §7953; RL 1945, §4714; RL 1955, §104-14; HRS §269-15; am L 1976, c 165, §6; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1991, c 57, §10; am L 2004, c 202, §27; am L 2006, c 94, §1; am L 2010, c 109, §1; am L 2015, c 8, §1; am L 2021, c 72, §4]

Case Notes

  May institute proceedings before Shipping Board.  32 H. 127 (1931).

  Constitutional.  33 H. 890 (1936), aff'd 96 F.2d 412 (1938), aff'd 305 U.S. 306 (1938).

  Commission's duty to require compliance with federal law.  47 H. 1, 384 P.2d 536 (1963).

  In subsection (a), the legislature recognized concurrent jurisdiction could exist in the courts, when it stated that "this section shall not be construed as in any manner limiting or otherwise affecting the jurisdiction of any such court".  131 H. 257, 318 P.3d 97 (2013).

  Cited:  24 H. 136, 138, 140 (1917).