(a) If, upon examination of the application for registration from any applicant and other information gathered by the department regarding the applicant, the administrator is unable to make the determinations required by the applicable provisions of §§ 329-32 and 329-33 and applicable rules to register the applicant, the administrator shall serve upon the applicant an order to show cause why the registration should not be denied.
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Terms Used In Hawaii Revised Statutes 329-35
- Administrator: means the administrator of the narcotics enforcement division of the department of law enforcement. See Hawaii Revised Statutes 329-1
- Department: means the department of law enforcement. See Hawaii Revised Statutes 329-1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Subpoena: A command to a witness to appear and give testimony.
The order to show cause shall also contain a statement of the legal basis for such hearing and the reasons that support the administrator’s intent to deny the application, or the revocation or suspension of registration, and a summary of the matters of fact and law asserted.
(d) Upon receipt of an order to show cause, the applicant or registrant, if the registrant or applicant desires a hearing, shall file a request for a hearing with the department within thirty days after service of the order to show cause. Failure to request a hearing shall result in the automatic termination of the registrant’s registration and in the case of a new application or renewal the unprocessed application shall be returned to the applicant.
(e) Notwithstanding subsections (a) to (d), [the] department of law enforcement may suspend any registration simultaneously with the institution of proceedings under § 329-34, or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the department of law enforcement or dissolved by a court of competent jurisdiction.
(f) The department of law enforcement may subpoena and examine witnesses under oath upon all such charges as may be referred before it.
