(a) The director of budget and fiscal services is authorized to designate any vehicle specially constructed for towing vehicles, other than trucks and farm or road tractors, as an authorized tow vehicle, subject, however, to the following conditions:
(1) A statement executed by the applicant shall accompany any application, stating that the proposed authorized tow vehicle has been thoroughly inspected and is safe to operate on the public streets. The date of such inspection shall be included in the statement.
(2) Each proposed tow vehicle shall have the necessary accessory equipment for tow vehicles, including but not limited to the following requirements and equipment: truck chassis, boom, lights, winch, and cables, on the day it is inspected by the director of budget and fiscal services.
(3) Any other reasonable conditions that may be deemed necessary by the director of budget and fiscal services for the safety and welfare of the pedestrians and motorists using the public streets while the authorized tow vehicle carries out its assigned tasks on the public streets, pursuant to rules adopted by the director of budget and fiscal services as prescribed in HRS Chapter 91.
(4) The tow vehicle shall be operated in conjunction with a vehicle storage area of such size that is satisfactory to the director of budget and fiscal services and located in an area properly zoned for such activity.
(b) Procedure.
(1) Application. Any person desiring a vehicle to be designated as a tow vehicle by the director of budget and fiscal services shall file an application therefor on a form issued by the director of budget and fiscal services, which shall contain a request for information so as to meet the conditions contained in this section.
(2) Inspection. Before designation of a vehicle as a tow vehicle, the director of budget and fiscal services shall inspect such vehicle to determine whether it meets the conditions contained in this section.
(3) If the director of budget and fiscal services is satisfied that the vehicle can be designated as a tow vehicle, the director shall issue a certificate therefor which shall be renewed annually on a common date regardless of the date of initial approval; such date to be determined by the director of budget and fiscal services for efficient administration of this section.
(c) Denial of application or renewal thereof; suspension or revocation of certificate.
(1) Denial or suspension or revocation of certificate.
(A) The director of budget and fiscal services is authorized to deny an application or renewal thereof to the owner or the owner’s authorized representative or to suspend or revoke a certificate after a hearing.
(B) The director of budget and fiscal services shall notify the applicant or owner or such person’s authorized agent in writing of the director’s proposed adverse decision together with reasons therefor. Such notice shall contain a statement that the applicant or the owner or such person’s agent may appeal the decision of the director of budget and fiscal services within 10 working days from the date noted on the notice therein to indicate that the applicant or owner or agent desires a hearing.
(2) Notice of hearing.
(A) Whenever the applicant or owner or such person’s agent requests a hearing, the director of budget and fiscal services shall notify the mayor to appoint a hearings officer and establish a date for such hearing with the hearings officer.
(B) The director of budget and fiscal services shall issue a written notice of the date of hearing to the applicant or owner or such person’s agent and such written notice may be personally served or sent by certified mail, return receipt requested.
(3) Hearings officer.
(A) A hearings officer appointed by the mayor is authorized to conduct a hearing pursuant to HRS Chapter 91, and after such hearing, affirm or dismiss the proposed action of the director of budget and fiscal services.
(B) If any decision is adverse to an applicant or owner or such person’s agent, the hearings officer shall issue a written findings of fact, conclusions of law, decision, and order.
(C) Whenever the hearings officer’s decision is adverse to the applicant or owner or such person’s agent, the hearings officer may authorize the director of budget and fiscal services to suspend or revoke a certificate if the director of budget and fiscal services submits a written report that operation of a tow vehicle is inimical to public safety; otherwise, denial of an application or renewal or suspension or revocation of a certificate shall take effect upon the service of the findings of facts, conclusions of law, decision, and order to the appropriate individuals.
(D) The hearings officer shall adopt rules for the conduct of any hearing as prescribed in HRS Chapter 91.
(d) Judicial review. Any decision and order of the hearings officer may be appealed to a court of competent jurisdiction as prescribed in HRS Chapter 91.
(Sec. 15-3.3, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 15, Art. 3, § 15-3.3)