Haw. Code R. § 12-220-22 - Violations and penalties

(a) The director may assess all civil penalties provided in this section, giving due respect to the gravity of the violation, the good faith of the owner, user, consultant, contractor, or vendor, and the history of previous violations.

(b) Violations.

(1) Any owner, user, consultant, contractor, vendor, or person who violates chapter 397, HRS, or any safety standards, rules, and codes adopted pursuant to chapter 91, HRS; or who violates or fails to comply with any order made pursuant to chapter 397, HRS, or who defaces, displaces, destroys, damages, or removes without the authority of the department any safety device, safeguard, notice, order, or warning required by chapter 397, HRS, standards, or codes, shall be assessed a civil penalty of not more than $10,000 for each violation; and

(2) Each day a violation continues shall constitute a separate violation except during an abatement period.

(c) Discrepancies and penalties.

(1) Any conditions found in nonconformance with applicable standards, rules, or codes, adopted pursuant to chapter 91, HRS, shall be regarded as discrepancies and the department shall notify the owner, user, consultant, contractor, vendor, or person by letter, or written order to correct that shall be mailed, or sent by electronic service. All discrepancies shall be satisfactorily resolved as soon as possible. When, in the opinion of the department, a discrepancy constitutes a potentially serious or imminent hazard, it may prohibit the use of the equipment until the condition is abated. Failure to abate unsafe conditions, or failure to correct discrepancies within the time prescribed, shall be a violation subject to the civil penalties prescribed in this section; and

(2) Assessing penalties.

(A) Consideration shall be given to the gravity of the violation. For a violation that could not or probably would not result in serious harm to life or property, the penalty may be reduced by forty per cent;

(B) Consideration shall be given to the good faith of the owner, user, consultant, contractor, or vendor. For immediate correction or for attempts to make corrections or abate hazards that have been thwarted by conditions beyond the control of the owner, user, consultant, contractor, or vendor, the penalty may be reduced by forty per cent; and

(C) Consideration shall be given for the history of previous violations. For few or no previous violations by the owner, user, consultant, contractor, or vendor, the penalty may be reduced by twenty per cent.

(d) Anyone who knowingly makes a false statement on any document required by chapter 397, HRS, shall upon conviction, be punished by a fine of no more than $10,000 or by imprisonment for not more than six months, or by both. Any evidence suggesting that a false statement may have been made shall be immediately referred to the director, who shall consult with the attorney general for purposes of initiating appropriate action.

Notes

Haw. Code R. § 12-220-22

[Eff 7/6/98; am NOV 18 2012] (Auth: HRS § 397-4) (Imp: HRS § 397-8) Am and comp 12/21/2019 Comp 9/8/2024)