Section 13-251-37 - Grounds for refusing an application for a registration certificate and/or commercial use permit(a) The department shall refuse a registration certificate and/or commercial use permit, or any transfer of registration certificate and/or commercial use permit, upon a finding that: (1) The application contains any false or fraudulent statement, the applicant has failed to furnish required information or reasonable additional information requested by the department, or the applicant is not entitled to a registration certificate and/or commercial use permit under this subchapter;(2) The catamaran is unsafe to be operated upon the Waikiki or Kaanapali ocean waters;(3) The registration certificate and/or commercial use permit of the catamaran stands suspended or revoked for any reason as provided in this subchapter;(4) The required fee has not been paid;(5) Any catamaran: (A) Engaged in carrying more than six passengers does not have a valid Coast Guard certificate of inspection; or(B) Engaged in carrying six or less passengers does not have a record of a condition survey, by a marine surveyor as defined in section 13-231-45, undertaken within ninety days prior to application for registration or renewal of registration, attesting that the vessel :(i) Is in good material and operating condition;(ii) The minimum required Coast Guard safety equipment is on board;(iii) The catamaran is suitable to carry passengers in Waikiki or Kaanapali ocean waters while being propelled solely by sail;(6) The catamaran cannot be safely navigated in Waikiki or Kaanapali ocean waters, as appropriate, while being propelled by sail only;(7) The catamaran is equipped with auxiliary mechanical propulsion machinery using a propeller but does not have a propeller guard installed on the vessel or a captain or crew member designated to be a look-out to ensure public safety approved by the department;(8) The catamaran: (A) Is more than fifty feet in length for Waikiki ocean waters operation;(B) Is more than sixty-five feet in length for Kaanapali ocean waters operation; or(C) Has a passenger capacity of more than forty-nine passengers;(9) The applicant for a catamaran registration certificate and/or commercial use permit holds a valid registration certificate and/or commercial use permit issued by the department in accordance with this subchapter for another catamaran authorized to be used on Waikiki or Kaanapali ocean waters as applicable;(10) The owner has not furnished proof of financial responsibility as prescribed in this subchapter;(11) The owner of a catamaran holds a valid registration certificate and/or commercial use permit issued by the department in accordance with this subchapter for another catamaran authorized to be used on Waikiki or Kaanapali ocean waters, as applicable; or(12) Any other grounds provided by this subchapter warrants refusal of the registration certificate and/or commercial use permit or transfer of registration and/or commercial use permit.(b) The department shall notify the owner in writing of the refusal. [Eff 2/24/94; am 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)