Haw. Code R. § 11-453-38 - Inspection procedures
(a) Officials of
the department are authorized to enter during normal operating hours any
facility or other area of a facility; to inspect and investigate during normal
operating hours within reasonable limits and in a reasonable manner, any such
facility; and to review records which are directly related to the purpose of
the inspection.
(b) Officials of
the department may perform unannounced inspections at a facility or provide
notice to the owner or operator of a facility prior to performing the
inspection.
(c) Upon a refusal to
permit officials of the department, in exercise of his or her official duties,
to enter a facility during normal business hours, to inspect, to review
records, or to question any owner operator, or employee of the facility, the
department shall take appropriate action, including compulsory process, if
necessary. The term compulsory process shall mean the institution of any
appropriate action, including ex parte application for an inspection warrant or
its equivalent.
(d) Any permission
by an owner or operator to enter, insect, review records, or question any
person, shall not imply or be conditioned upon a waiver of any cause of action,
civil administrative order, or penalty under chapter 128E, HRS.
(e) Officials of the department shall have
authority to take or obtain photographs and copies of documents related to the
purpose of the inspection.
(f)
Officials of the department shall have the authority to privately question an
owner, operator, or employee of a facility concerning matters regarding the
Hawaii Emergency Planning and Community Right-to-Know Act to the extent they
deem necessary for the conduct of an effective and thorough
inspection.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.