Haw. Code R. § 11-104.1-41 - Enforcement

(a) If the department determines that any person has violated any provision of this chapter, any provision of chapter 321, HRS, or any term or condition of an exemption issued pursuant to this chapter, the department may:

(1) Issue an order assessing an administrative penalty in accordance with section 321-20, HRS, for any past or current violation; or

(2) Require compliance immediately or within a specified period of time; or

(3) Issue an order pursuant to paragraph (1) and require compliance pursuant to paragraph (2).

(b) Any order issued pursuant to this section shall state with reasonable specificity the nature of the violation, the factual bases for the finding(s) of violation, and the right to request an administrative hearing and retain legal counsel. The order shall be sent to the alleged violator by certified mail.

(c) Any order issued under this chapter shall become final, unless not later than twenty days after receipt of the notice of order by certified mail, the alleged violator serves or sends the department a written request for a hearing before the director. Any penalty imposed under this chapter shall become due and payable twenty days after receipt of the notice of order by certified mail unless the alleged violator requests in writing a hearing before the director. Whenever a hearing is requested on any penalty imposed under this chapter, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part. Upon request for a hearing, the director or director's designee shall require that the alleged violator appear before the director for a hearing at a time and place specified in a notice of hearing and answer the charges complained of.

(d) Any hearing conducted under this section shall be conducted as a contested case hearing under chapter 91, HRS. If after a hearing held pursuant to this section, the director or the director's designee finds that the violation or violations have occurred, the director or the director's designee shall affirm or modify any penalties imposed or shall modify or affirm the order previously issued or issue an appropriate order or orders. If, after the hearing on an order or penalty contained in a notice, the director or the director's designee finds that no violation has occurred or is occurring, the director or the director's designee shall rescind the order or penalty or both.

(e) Nothing in this section shall be construed to limit penalties provided elsewhere.

Notes

Haw. Code R. § 11-104.1-41

[Eff JUL 12 2007] (Auth: HRS §§ 321-21, 321-20) (Imp: HRS 321-20, 321-21)