(a) In addition to any other remedy available under this chapter, the department may issue a citation to any person who holds a motor vehicle repair dealer or motor vehicle mechanic license for any of the following violations of this chapter or the rules adopted pursuant to this chapter and chapter 91:
Motor vehicle: means any passenger car, truck, truck tractor, motorcycle, or motor scooter, as defined in § 286-2, and the integral parts thereof. See Hawaii Revised Statutes 437B-1
Motor vehicle mechanic: means any person whether self-employed or employed by another, who, for compensation, engages in the diagnosis or repair of malfunctions of motor vehicles, and may be classified as "intermediate" or "journey worker" as the terms are commonly used in the motor vehicle repair industry. See Hawaii Revised Statutes 437B-1
Motor vehicle repair dealer: means any person who is, or has in the person's employ, a motor vehicle mechanic licensed under this chapter and who, for compensation, engages in the business of diagnosing or repairing malfunctions of motor vehicles. See Hawaii Revised Statutes 437B-1
Statute: A law passed by a legislature.
(1) Failure of a motor vehicle repair dealer to conspicuously display the dealer’s licensure certificate or certification certificate in the dealer’s place of business;(2) Failure of a motor vehicle repair dealer to conspicuously place a board-approved sign in all the dealer’s motor vehicle repair locations; or(3) Failure of a motor vehicle mechanic to carry or have readily available for inspection the pocket card provided to the motor vehicle mechanic by the department.(b) Each citation:
(1) Shall be in writing and describe the basis of the citation, including the specific statute or rule violated;(2) May contain an order of abatement and the assessment of a fine in the amount of $250 for each violation by a motor vehicle repair dealer and a fine in the amount of $100 for each violation by a motor vehicle mechanic;(3) Shall be served on the licensee by personal service; and(4) Shall inform the licensee that the licensee may submit a written request to the board or its designee for a hearing to contest the citation, within twenty calendar days from the service of the citation.(c) If the licensee timely submits a written request to the board or its designee for a hearing, the board may designate a hearings officer to conduct the hearing in accordance with chapter 91.(d) If the licensee does not timely submit a written request to the board or its designee for a hearing, the citation shall be deemed a final order of the board.(e) Failure of a licensee to pay any assessed fine within thirty calendar days, unless the licensee contests the citation, may result in further disciplinary action taken by the board.
