Hawaii § 329-34 - Revocation and suspension of registration.

§ 329-34. Revocation and suspension of registration.

[Section effective until December 31, 2023. For section effective January 1, 2024, see below.] (a) A registration under section 329-33 to manufacture, distribute, dispense, or conduct reverse distribution with a controlled substance may be suspended or revoked by the department of public safety upon a finding that the registrant: (1) Has furnished false or fraudulent material information in any application filed under this chapter; (2) Has been convicted of a felony or has been granted a motion for the deferral of acceptance of a guilty plea or a nolo contendere plea to a felony, pursuant to chapter 853 and under any state or federal law relating to any controlled substance; (3) Has had the registrant's federal registration suspended or revoked to manufacture, distribute, prescribe, dispense, or conduct reverse distribution with controlled substances; or (4) Has had the registrant's state license to practice the registrant's profession suspended or revoked by the applicable governing state board. (b) The department of public safety may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist. (c) If the department of public safety suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances may be forfeited to the State. (d) The department of public safety shall promptly notify the Bureau of all orders suspending or revoking registration and all forfeitures of controlled substances. [L 1972, c 10, pt of §1; am L 1980, c 147, §1; gen ch 1985; am L 1986, c 214, §4; am L 1990, c 281, §10; am L 2016, c 218, §9] §329-34 Revocation and suspension of registration. [Section effective January 1, 2024. For section effective until December 31, 2023, see above.] (a) A registration under section 329-33 to manufacture, distribute, dispense, or conduct reverse distribution with a controlled substance may be suspended or revoked by the department of law enforcement upon a finding that the registrant: (1) Has furnished false or fraudulent material information in any application filed under this chapter; (2) Has been convicted of a felony or has been granted a motion for the deferral of acceptance of a guilty plea or a nolo contendere plea to a felony, pursuant to chapter 853 and under any state or federal law relating to any controlled substance; (3) Has had the registrant's federal registration suspended or revoked to manufacture, distribute, prescribe, dispense, or conduct reverse distribution with controlled substances; or (4) Has had the registrant's state license to practice the registrant's profession suspended or revoked by the applicable governing state board. (b) The department of law enforcement may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist. (c) If the department of law enforcement suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances may be forfeited to the State. (d) The department of law enforcement shall promptly notify the Bureau of all orders suspending or revoking registration and all forfeitures of controlled substances. [L 1972, c 10, pt of §1; am L 1980, c 147, §1; gen ch 1985; am L 1986, c 214, §4; am L 1990, c 281, §10; am L 2016, c 218, §9 ; am L 2022, c 278, §17] Previous Vol06_Ch0321-0344 Next