[§261E-4]  Air carrier commission; establishment.  (a)  There is established an air carrier commission to assist in the regulation of interisland air carriers pursuant to the purposes of this chapter.  The commission shall be placed with the department of transportation for administrative purposes.

Terms Used In Hawaii Revised Statutes 261E-4

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • carrier: means any person or entity who has received a certificate issued by the commission and who undertakes or holds itself out to the general public as engaging directly or indirectly in the transportation by air of passengers or property, or both, for compensation or hire within the State or between points within the State. See Hawaii Revised Statutes 261E-2
  • Commission: means the air carrier commission established pursuant to § 261E-4. See Hawaii Revised Statutes 261E-2

     (b)  The commission shall consist of five members.  The commission shall be appointed in the manner prescribed in § 26-34, except as otherwise provided in this section.  The members shall be appointed for terms of six years each, subject to the advice and consent of the senate.  The terms of the members initially appointed shall be for two, three, four, five, and six years, respectively, as designated by the governor at the time of appointment.  The governor shall designate a member of the commission to be chairperson of the commission.  Each member shall hold office until the member’s successor is appointed and qualified.

     (c)  In appointing members, the governor shall consider persons who have experience in transportation, accounting, engineering, government, finance, law, or other similar fields.  No person owning any stock or bonds of any Hawaii air carrier or of any common carrier by air, or having any interest in, or deriving any remuneration from, any Hawaii air carrier or any common carrier by air shall be appointed as a commissioner; provided that any person who has retired from the service of, and no longer holds any position with, any common carrier or Hawaii air carrier may be eligible for appointment.

     (d)  The members of the commission shall receive no compensation for their services on the commission, but shall be reimbursed for actual expenses, including travel expenses, incurred in the performance of their duties.