Haw. Code R. § 16-85-116 - Summary suspension
(a) Notwithstanding any law to the contrary,
the board or the board's delegate may cause the immediate suspension or
restriction of a license or certificate, subject to subsequent notice and
hearing or other adequate procedures, upon a specific determination that the
failure to take such an action may result in:
(1) An immediate and unreasonable threat to
personal safety; or
(2) Fraud or
misrepresentation upon consumers, and that, for the protection of the public
from the possible consequences of practices, the licensee's license or
certificate holder's certification should be immediately suspended or
restricted.
(b) The
board or the board's delegate may order the summary suspension of the license
or certificate for a period not to exceed twenty days. The order of suspension
shall be served upon the licensee or certificate holder at the same time as the
notice of hearing for disciplinary action, and the hearing shall be scheduled
prior to the expiration of the order of suspension. The period of suspension
prior to the hearing shall not be extended beyond twenty days except upon
request of the licensee or certificate holder for a reasonable continuance to
adequately prepare the licensee's or certificate holder's defense. Any attempt
by the licensee or certificate holder to continue the licensed activity while
the license or certificate has been summarily suspended shall of itself be
sufficient to warrant a permanent revocation of the license or certificate and
shall subject the licensee or certificate holder to all penalties prescribed by
this chapter, the applicable licensing laws, or any rule or order of the
board.
Notes
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