(a) Notice and hearing. In every case where it is proposed to refuse to issue a license or to suspend or revoke a license, the director of budget and fiscal services shall give the party concerned notice and hearing in conformity with HRS Chapter 91.
(1) The director of budget and fiscal services shall notify in writing the applicant or licensee of any adverse decision based on this article, together with the reasons therefor. The notice shall also include a statement that the applicant or licensee may appeal the decision of the director of budget and fiscal services and provide space on the notice so that the applicant or licensee may indicate that such person desires to exercise the appeal and request a hearing. Such notice may be personally served upon the applicant or licensee or sent by certified mail, return receipt requested.
(2) The written notice of the director of budget and fiscal services shall contain specific reasons for its adverse decision; provided such notice shall not act as a stay upon the continued showing of the particular show until the appeal panel has made its decision, pursuant to subsection (b). It shall also contain a statement that the applicant or licensee has the right to appeal an adverse decision of the director of budget and fiscal services within 10 working days as stated herein.
(3) Upon receipt of such notice of appeal and request for hearing, the director of budget and fiscal services shall request the mayor to appoint a hearings panel so that the appeal can be heard.
(b) Hearings panel.
(1) The mayor is authorized to appoint three officers of the executive branch, excluding the prosecutor and corporation counsel and their subordinates, who shall be members of the hearings panel so an appeal can be heard.
(2) The hearings panel shall conduct such hearing as prescribed in HRS Chapter 91.
(3) The hearings panel is authorized to establish procedures for its hearings and adopt rules therefor, as prescribed in HRS Chapter 91.
(4) Whenever its decisions are adverse to the applicant or licensee, the panel shall issue written findings of fact, conclusions of law, decision, and order.
(5) If the decision of the panel is to suspend or revoke any license, it shall orally order the licensee to cease and desist any public show for which the license herein had been issued, unless otherwise ordered by a court of competent jurisdiction.
(c) Judicial review. Any owner or licensee aggrieved by the decision and order of the hearings panel may seek judicial review of such decision and order in any court of competent jurisdiction as provided in HRS § 91-14.
(Sec. 13-38.6, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 41, Art. 15, § 41-15.6)