HRS § 243-2 — Distributors to register and be licensed


§243-2 Distributors to register and be
licensed. (a) Every distributor, and any person before becoming a
distributor, shall register as such with the department of taxation on forms to
be prescribed, prepared, and furnished by the department and the department
shall issue to such distributor a license which shall be valid until revoked by
the department as hereinafter provided.
(b) Any license issued under this chapter
shall not be assignable and shall be conspicuously displayed on the licensed
premises of the licensee. Whenever a license is defaced, destroyed, or lost,
or the licensed premises are relocated, the department may issue a duplicate
license to the licensee upon the payment of a fee of 50 cents.
(c) The department may suspend or revoke any
license issued under this chapter whenever the department finds that the
licensee has failed to comply with this chapter or any rule adopted under this
chapter, or for any other good cause. Good cause includes but is not limited
to instances where an applicant or licensee has:
(1) Submitted a false or fraudulent application or
provided a false statement in an application;
(2) Possessed or displayed a false or fraudulent
license;
(3) Failed to comply with, violated, or been
convicted of violating any county, state, or federal law directly pertaining to
the sale, importation, acquisition, possession, distribution, transportation,
or smuggling of fuel, including petroleum products and alternative fuels; or
(4) Failed to maintain complete and accurate records
when and if required to be kept.
Upon suspending or revoking any license, the
department may request that the licensee surrender the license or any duplicate
issued to or printed by the licensee, and the licensee shall surrender the
license or duplicate promptly to the department as requested.
(d) When the department suspends or revokes a
license, the department shall immediately notify the licensee and afford the
licensee a hearing, if requested; provided that a hearing has not already been
afforded. The department shall provide no less than thirty days' notice to the
licensee of a hearing afforded under this subsection. After the hearing, the
department shall:
(1) Rescind its order of suspension;
(2) Continue the suspension;
(3) Revoke the license; or
(4) Rescind its order of revocation.