§271G-23 Hearings. (a) All hearings, investigations, and proceedings shall be governed by chapter 91 and by rules of practice and procedure adopted by the public utilities commission, and in the conduct thereof, the technical rules of evidence need not be applied; provided that in all evidentiary hearings conducted pursuant to chapter 91 in which a carrier has the burden of justifying the reasonableness of its rates, fares, charges, or classifications, the burden of proof of the carrier in proving the reasonableness of expenditures, contracts, leases, or other transactions between the carrier and corporate affiliates of the carrier shall be satisfied only if the reliable, probative and substantial evidence is clear and convincing. No informality in any hearing, investigation, or proceeding, or in the manner of taking testimony shall invalidate any order, decision or rule made, approved, or confirmed by the commission.
(b) Complaints may be made, in writing, by the commission on its own motion or by any person or body politic setting forth any act or thing done, or omitted to be done by any water carrier, including any rule, regulation, rate, or charge, heretofore established or fixed by or for any water carrier, in violation or claimed to be in violation, of any law or of any order or rule of the commission. [L 1974, c 94, pt of §1; am L 1980, c 202, §4 and c 232, §9]
Structure Hawaii Revised Statutes
Title 15. Transportation and Utilities
271G. Hawaii Water Carrier Act
271G-3 Administration; governing provisions of other acts.
271G-4 Application of chapter, interstate, or foreign commerce.
271G-7 General duties and powers of the commission.
271G-7.5 Electronic copies of documents.
271G-8 Reports and decisions of commission.
271G-9 Copies of schedules, tariffs, contracts, etc., kept as public records; evidence.
271G-10 Applications for certificates of public convenience and necessity.
271G-11 No proprietary right in water.
271G-13 Security for protection of public.
271G-14 Transfer of certificates of public convenience and necessity, and carrier property.
271G-15 Suspension, change, and revocation of certificates.
271G-16 Rates, fares and charges of common carriers by water.
271G-17 Tariffs of water carriers.
271G-17.5 Issuance of securities; execution of leases.
271G-18 Accounts, records, and reports.
271G-20 Collection of rates and charges.
271G-21 Recovery of overcharges or undercharges.
271G-22 Allowance to shippers for transportation services.