REPORT TITLE:
Motor Carrier


DESCRIPTION:
Requires the Public Utilities Commission to render decisions and
order on motions for either reconsideration or rehearing within
45 days.  (CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1773
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE MOTOR CARRIER LAW.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 271-32, Hawaii Revised Statutes, is
 
 2 amended as follows:
 
 3      1.  By amending subsection (b) to read:
 
 4      "(b)  The motion for reconsideration or a rehearing shall be
 
 5 filed within ten days after the decision and order has been
 
 6 served and shall set forth specifically the ground or grounds on
 
 7 which the applicant considers the decision or order to be
 
 8 unlawful.  No person shall in any court urge or rely on any
 
 9 ground not so set forth in the motion.  If a motion for
 
10 reconsideration or rehearing is filed from a final decision and
 
11 order [granting a change in rates], the commission's order
 
12 [granting the change in rates] shall be automatically stayed
 
13 until the commission renders its final determination on the
 
14 motion; provided that:  [(1) the motion will be deemed denied if
 
15 the commission does not issue its final determination within
 
16 twenty days from the filing date of the motion for
 
17 reconsideration; and (2) no]
 
18      (1)  No change in any rate, fare, or charge shall go into
 
19           effect while a motion for reconsideration or rehearing
 

 
Page 2                                                     1773
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        C.D. 1

 
 1           is pending notwithstanding [the provisions of] section
 
 2           271-20(e)[. The commission may set aside the automatic
 
 3           stay for good cause shown.];
 
 4      (2)  Any motion for reconsideration or rehearing shall be
 
 5           determined and an order issued by the commission within
 
 6           forty-five days from the filing date of the motion for
 
 7           reconsideration or rehearing; and
 
 8      (3)  The commission may set aside the automatic stay in its
 
 9           discretion."
 
10      2.  By amending subsection (e) to read:
 
11      "(e)  An appeal shall lie to the supreme court subject to
 
12 chapter 602 from every order made by the commission which is
 
13 final, or if preliminary is of the nature defined by section
 
14 91-14(a); provided [such] the order is made after reconsideration
 
15 or rehearing or is the subject of a motion for reconsideration or
 
16 rehearing which the commission has denied [or with respect to
 
17 which the commission has not issued a final determination within
 
18 twenty days from the filing date of the motion].  An appeal shall
 
19 lie to the supreme court subject to chapter 602 only by a person
 
20 aggrieved in the contested case hearing provided for in this
 
21 section in the manner and within the time provided by chapter 602
 
22 and by the rules of court."
 
23      SECTION 2.  Statutory material to be repealed is bracketed.
 
24 New statutory material is underscored.
 
25      SECTION 3.  This Act shall take effect upon its approval.