Haw. Code R. § 11-26-4 - Penalty

(a) Field citation:

(1) A field citation is an offer to settle an administrative case involving any violation of chapter 322, Hawaii Revised Statutes, or of this chapter and may include an enforcement compliance order.

(2) The director or any duly authorized employee of the Department may issue a field citation to a person, an owner or occupier of property, an official representative of an owner or occupier, a firm, a corporation, or an official representative of a firm or a corporation.

(3) To be effective, a field citation must be signed by the director or a duly authorized employee and shall impose a fine in the following specified amounts:

(i) for the first offense, $25.00;

(ii) for the second offense, $50.00;

(iii) for the third offense, $100.00.

(4) The penalty amounts listed in the subsection(a)(3) are set in consideration of the factors set forth in section 322-8(b), Hawaii Revised Statutes, particularly the value of prompt correction, and based on the presumption of the respondent's ability to pay stated in that section.

(5) A field citation may, but need not be preceded by a "Notice of Violation," providing the respondent with a reasonable time, not to exceed seven days, to abate the cause of the violation.

(6) Any subsequent offense committed after the third cited offense or any violation of an enforcement compliance order issued in conjunction with a field citation may be subject to additional penalties through the administrative process described in section 11-26-4(b) or as authorized by chapter 322, Hawaii Revised Statutes.

(7) If a party receiving a field citation contests the citation, the director may withdraw the citation and pursue additional remedies through the administrative process described in section 11-26-4(b) or as authorized by chapter 322, Hawaii Revised Statutes.

(b) Administrative action. Any person who shall continue to violate any provision of chapter 322, Hawaii Revised Statutes, or of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000 per day per violation up to a maximum of $10,000 as provided in sections 321-20 and 322-8, Hawaii Revised Statutes. Each and every violation of the provisions of these rules shall constitute a separate offense.

Notes

Haw. Code R. § 11-26-4

[Eff. 9/18/81; am and comp 8/10/00] (Auth: HRS §§91, 321-1, 321-9, 321-10, 321-11, 321-20, 322-8) (Imp: HRS §§ 321-9, 321-18, 322-8)