(a) Notice of intent. The director of budget and fiscal services shall issue and serve upon a licensee, permittee, or applicant (hereinafter referred to as “appropriate party”) a notice of intent to suspend, revoke, or deny a business license or operator’s certificate and license decal (hereinafter referred to as “business documents”) before the director of budget and fiscal services shall take any of the foregoing actions until and unless the appropriate party has been granted a hearing, unless the appropriate party waives such hearing. If the appropriate party waives such person’s right or privilege for a hearing, the director of budget and fiscal services may issue in writing an appropriate decision and order.
(b) Service of notice. The director of budget and fiscal services shall serve the notice of intent by mailing the notice by certified or registered mail to the appropriate party at the party’s last known address.
(c) Request for hearing. The appropriate party who has received a notice of intent as prescribed in subsection (a) shall, if the party desires a hearing, affix such person’s signature as designated on the copy and have the same returned to the director of budget and fiscal services, either through the process server or by certified mail.
(d) Notice of date of hearing. Whenever the appropriate party requests a hearing, the director of budget and fiscal services shall issue a notice of such hearing to the appropriate party, and such hearing shall be held no later than 20 working days after the director of budget and fiscal services has received the request for hearing from the appropriate party.
(e) Procedure for hearing. Any hearing conducted under this section shall be pursuant to rules adopted under HRS Chapter 91. Such hearing may be conducted by a panel consisting of three officers of the executive branch who shall be appointed by the mayor.
(f) Panel to suspend, revoke, or deny business documents. After the panel has conducted a hearing, it may rule either in favor or against the action to be taken by the director of budget and fiscal services and if the panel’s decision is adverse to the appropriate party, it shall be in writing or stated in the record, and shall be accompanied by separate findings of fact and conclusions of law.
(g) Judicial review. Any person aggrieved by the final decision and order of the panel may appeal the same to the circuit court as provided in HRS § 91-14.
(Sec. 12-5.18, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 12, Art. 5, § 12-5.18) (Am. Ord. 94-11)