HAR § 18-231-91-03 — Cease and desist citation; requirements

(a) A cease and desist citation must be issued on the forms prescribed by the department. (b) A cease and desist citation shall include the following in its contents: (1) The name and address of the respondent; (2) The location of where the offense is about to occur, is occurring, or has occurred. If the location is a vehicle, the vehicle must be specifically identified, including its location at the time of the infraction; (3) The specific alleged violation or violations of title 14, HRS, or the administrative rules adopted thereunder which constitute cause for the issuance of the cease and desist citation, including (if applicable) any allegation that the person is a cash-based business as defined in section 231-93, HRS; (4) A signature of the special enforcement section employee or other Department employee authorized to issue the citation. By signing the cease and desist citation, the issuer certifies that the statements contained in the citation are true and correct, to the best of his or her knowledge. A citation that has not been signed by a duly authorized employee of the Department shall be void ab initio; (5) If applicable, the amount of the monetary fine imposed against the respondent; (6) A space for the respondent, or the respondent’s agent or representative, to acknowledge receipt of the citation by signature. If the respondent or respondent’s agent or representative refuses to sign or if for some other reason the special enforcement section employee is unable to acquire a signature to acknowledge receipt, the citation may indicate “refused to sign,” “unavailable,” “no signature for safety reasons,” or other language explaining the lack of signature by the respondent or the respondent’s agent or representative. The lack of the signature of the respondent or the respondent’s agent or representative shall not affect the validity of the citation; (7) Information regarding respondent’s appeal rights, including the requirement that the citation must be returned to the special enforcement section within thirty days from the date of the citation, respondent’s right to a hearing before the director or the director’s designee, and contact information for where the respondent may obtain further information.