Section 13-251-35 - Reissuance of a registration certificate and/or commercial use permit(a) The department may reissue a registration certificate and/or commercial use permit provided that: (1) The gross receipts during the 12 month period under the registration certificate and/or commercial use permit for which the application for reissuance has been submitted, equals or exceeds the following minimums as applicable: | (A) | Catamarans used for bare boat (demise) charters and charter sail boats | $ 7,000 |
| (B) | Catamarans with a registration certificate and/or commercial use permit by the State or documented by the U. S. Coast Guard to carry six passengers or less, including charter fishing boats | $15,000 |
| (C) | Catamarans certified by the U. S. Coast Guard to carry seven to twenty-six passengers | $45,000 |
| (D) | Catamarans certified by the U. S. Coast Guard to carry twenty-seven to forty-nine: passengers | $85,000 |
| (E) | Catamarans certified by the U. S. Coast Guard to carry fifty to ninety-nine passengers | $125,000 |
| (F) | Catamaran certified by the U. S. Coast Guard to carry more than ninety-nine passengers | $250,000 |
| (G) | Vessels engaged in another trade or business not delineated and governed by an appropriate paragraph above or | $ 7,000; |
(2) The registered certificate holder and/or commercial use permittee applies to the department in writing for reissuance of the registration certificate and/or commercial use permit and concurrently presents evidence that any failure to generate gross receipts from the operation of the catamaran as prescribed in this subsection was due to: (A) The sinking, loss, or destruction of the catamaran;(B) The catamaran being inoperative in excess of 60 days due to disability of the registered certificate holder and/or commercial use permittee;(C) The catamaran was rendered inoperative in excess of 60 days due to damage to the catamaran, or due to the necessity of replacing essential parts and gear, provided that reasonable and diligent efforts to secure such items necessary to repair the catamaran or replace parts, is demonstrated to the satisfaction of the department; or(D) Where conditions and circumstances are demonstrated wherein a reissuance of the registration certificate and/or commercial use permit would be fair and warranted, and the application for reissuance is approved by the department; and(3) All fees and charges due and payable to the department have been paid and no violations are outstanding.(b) No registration certificate and/or commercial use permit whose registration certificate and/or commercial use permit has been terminated for cause shall be reissued; provided that the registered certificate holder and/or commercial use permittee may apply for, but not be automatically entitled to, a new registration certificate and/or commercial use permit after one year has expired from the date of termination of the registration certificate and/or commercial use permit, all fees and charges owing the State have been paid, and the registered certificate holder and/or commercial use permittee is in compliance with federal and state laws.(c) A corporation or other business entity must have been in continuous commercial operation as evidenced by the submission of monthly reports of gross receipts for a minimum of 12 months in order to retain their registration certificate and/or commercial use permit upon the transfer of any interest in that corporation or other business entity and fee amounts in accordance with section 13-253-1 are paid.(d) No reissuance of a registration certificate or commercial use permit may be denied for a catamaran operating in Waikiki ocean waters without a prior hearing held in accordance with Chapter 91, Hawaii Revised Statutes. [Eff and comp SEP 25 2014] (Auth: HRS §§ 200-2, 200-4, 200-9, 200-10, 200-22, 200-24) (Imp: HRS §§ 200-2, 200-4, 200-9, 200-10, 200-22, 200-24)