Haw. Code R. § 13-1-53 - Applicability
(a) This subchapter is applicable to all
divisions, offices and attached agencies of the department, except as otherwise
provided by law, where a notice of civil resource violation has been issued
pursuant to chapter 199D, Hawaii Revised Statutes and this
subchapter.
(b) Any criminal
prosecution against a person shall not preclude the state from imposing
administrative sanctions pursuant to this subchapter against the same person
for any civil resource violation committed in the same course of
conduct.
(c) Any administrative
proceeding against a person under this subchapter shall not preclude the state
from pursuing a separate criminal prosecution against the same person for a
criminal offense committed in the same course of conduct.
(d) For any proceedings instituted under this
subchapter against violations of chapter 6K, HRS, or any rules adopted
thereunder, the Kaho'olawe island reserve commission shall act whenever the
board is responsible and authorized to act, and the chairperson of the
Kaho'olawe island reserve commission shall act whenever the chairperson of the
department is responsible and authorized to act.
(e) For any proceedings instituted under this
subchapter against violations of chapter 174C, HRS, or any rules adopted
thereunder, the commission on water resource management shall act whenever the
board is responsible and authorized to act, and the chairperson of the
commission on water resource management shall act whenever the chairperson of
the department is responsible and authorized to act.
Notes
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