Rules of Court
See Hawaii Court Records Rules.
Case Notes
Administrative revocation (AR) of petitioner's driver's license reversed where hearing officer erred in considering the unsworn statements of the stopping officer that were included in the sworn police report of the arresting officer in determining that the police had reasonable suspicion to stop petitioner's car. The statutory scheme reveals the legislature's intent that sworn statements be submitted by police and other government officers playing crucial roles in the AR process and the importance the legislature placed on sworn statements by the officers as a means of ensuring the reliability of their statements and evidence used in the AR process. 130 H. 74 (App.), 305 P.3d 490 (2013).
Due process rights not violated by administrative driver's license revocation hearing procedure where defendant was afforded a hearing where witnesses were called and defendant was represented by counsel, and hearing office advised counsel of the procedure that hearing officer was going to follow. 108 H. 31, 116 P.3d 673.
§291E-45 Eligibility for relicensing and reregistration of motor vehicle. (a) To be eligible for relicensing or renewing the privilege to operate a vessel after a period of administrative revocation has expired, the person shall:
(1) Submit proof to the director of compliance with all conditions imposed by the director;
(2) Obtain a certified statement from the director indicating eligibility for relicensing and for renewing the privilege to operate a vessel;
(3) Present the certified statement to the appropriate licensing official or to the department of land and natural resources, as applicable; and
(4) Successfully complete each requirement, including payment of all applicable fees, for:
(A) Obtaining a new license in this State, pursuant to chapter 286; or
(B) Renewing the privilege to operate a vessel, as may be provided in chapter 200 or rules adopted by the department of land and natural resources pursuant to section 200-24.
(b) To be eligible for reregistration of a motor vehicle, if applicable, after a period of administrative revocation has expired, the person shall:
(1) Submit proof to the director of compliance with all conditions imposed by the director;
(2) Obtain a certified statement from the director indicating eligibility for registration of a motor vehicle;
(3) Present the certified statement to the director of the appropriate county agency; and
(4) Successfully complete each requirement, as provided in chapter 286, for obtaining a new certificate of registration for a motor vehicle in this State, including payment of all applicable fees. [L 2000, c 189, pt of §23; am L 2001, c 157, §24; am L 2010, c 166, §17]
Section: Previous 291e-39 291e-40 291e-41 291e-42 291e-43 291e-44 291e-44.5 291e-45 291e-45.5 291e-46 291e-47 291e-48 291e-49 291e-50 291e-61 NextLast modified: October 27, 2016