§200-42 Notice to owner. (a) A state or county agency, upon taking custody of any vessel deemed abandoned pursuant to section 200-41, shall immediately post a written notice on the vessel and send a duplicate original by registered or certified mail, with a return receipt requested, to any owner registered with the department or documented by the United States Coast Guard or any lien holder or operator of the vessel on record with the department or the United States Coast Guard at their respective last known address on record with the department or the United States Coast Guard. The notice shall contain a brief description of the vessel, the location of custody, and the intended disposition of the vessel if not repossessed within ten working days after the mailing of the notice.
(b) The owner, lien holder, or operator of the vessel shall have five working days after receipt of notice of impoundment of the vessel to request an administrative hearing from the state or county agency that took custody of the vessel. A request for administrative hearing shall:
(1) Be made in writing to the state or county agency that took custody of the vessel;
(2) Not be deemed delivered until the time that the agency receives the written request; and
(3) Be solely for the purpose of allowing the owner, lien holder, or operator of an impounded vessel to contest the basis given by the agency for the impoundment of the vessel.
The administrative hearing shall be held within five working days of delivery of the written request. [L 1991, c 272, pt of §2; am L 2004, c 70, §2; am L 2012, c 146, §2; am L 2021, c 218, §4]
Structure Hawaii Revised Statutes
Title 12. Conservation and Resources
200. Ocean Recreation and Coastal Areas Programs
200-2 Board of land and natural resources, powers and duties.
200-2.5 Disposition of state boating facility properties.
200-2.6 Ala Wai boat harbor; leases.
200-3 Ocean recreation and coastal areas programs.
200-4.5 Safety of ocean users; rules.
200-4.6 Alternate access to state boating facilities; rules.
200-5 Commercial harbors excluded.
200-6 Limitation of private use of ocean waters and navigable streams.
200-7 Waiver of mooring charges
200-8 Boating program; payment of costs.
200-9 Purpose and use of state small boat harbors.
200-10 Permits and fees for state small boat harbors; permit transfers.
200-12 Administration of state small boat harbors.
200-12.5 Native Hawaiian canoes; education.
200-14 Violation of rules; penalty.
200-14.5 General administrative penalties.
200-15 Vessels or property taken into legal custody; unauthorized control.
200-16 Unauthorized vessels; impoundment and disposal proceedings.
200-16.5 Responsibility of vessel owner; evidence of unauthorized mooring.
200-17 Designated slip for Coast Guard auxiliary.
200-18 Records of suspensions and revocations of operating privileges to be maintained.
200-19 Private financing of small boat harbor improvements.
200-20 Hawaiian outrigger canoes on state shoreline areas.
200-29 Accident reports by operators; confidential nature.
200-30 Reciprocal agreements and courtesy.
200-31 Vessels required to be registered and numbered.
200-33 Future fee and charge increases or decreases.
200-34 Disposition of revenues.
200-36 Preemption of local law and special rules.
200-37 Operation of thrill craft; parasailing; water sledding; commercial high speed boating.
200-37.5 Emergency communication devices.
200-38 Ocean recreation management areas.
200-39 Kaneohe Bay ocean use activities; permits; restrictions.
200-40 Marine events; permits; exclusive use; cancellation fee.
200-41 Abandonment of vessels.
200-43 Public auction; disposition of abandoned vessels.
200-44 Possession by interested party.
200-47 Disposition of proceeds.
200-49 Disposition of derelict vessel.
200-53 Sale or disposition of vessel.
200-54 Disposition of proceeds.
200-55 Effect of transfer of title.
200-62 Trespass to vessel; penalty.
200-63 Questioning and detaining suspected persons aboard a vessel.
200-72 Defacing, etc., vessel hull identification numbers.