Haw. Code R. § 11-282-04 - General requirements

(a) Inspection. For purposes of enforcing the provisions of this chapter, and chapter 342G, Hawaii Revised Statutes, a person who manufactures, distributes, sells, stores, handles, transports, redeems, recycles, and disposes deposit beverage containers, shall, upon request of any duly authorized representative of the director, furnish information relating to such deposit beverage containers and facilities, and permit such representative at reasonable times to have access to, and to copy all relevant records relating to such containers.

Each such inspection slid 11 be commenced and completed with reasonable promptness.

(b) Enforcement. If the director" determines that any person has violated or is violating any provision of this chapter, any rule adopted pursuant to this chapter, or any term or condition of a certification or permit issued pursuant to this chapter, the director may do one or more of the following:

(1) Issue a field citation assessing an administrative penalty and ordering corrective action immediately or within a specified time;

(2) Issue an order assessing an administrative penalty for any past or current violation;

(3) Require compliance within a specified time; and

(4) Commence a civil action in circuit court in which the violation occurred or where the person resides or maintains the person's principal place of business for appropriate relief, including a temporary, preliminary, or permanent injunction, the imposition and collection of civil penalties, or other relief.

(c) Any order issued pursuant to this section may include a suspension, modification, or revocation of a certification or permit issued under this chapter, and shall state with reasonable specificity the nature of the violation.

(d) Any order issued under this chapter shall become final, unless not later than twenty days after the notice of order is served, the person or persons named therein request in writing a hearing before the director. Upon request for a hearing, the director shall require that the alleged violator or violators appear before the director for a hearing at a time and place specified in the notice and answer the charges complained of.

(e) Any hearing conducted under this section shall be conducted as a contested case under chapter 91, HRS.

Notes

Haw. Code R. § 11-282-04

[Eff 7/01/05; comp APR 21 2007] (Auth: HRS § 342G-72) (Imp: HRS S342G-72)