Haw. Code R. § 13-1-61 - Notice of civil resource violation; issuance, service and amendment

(a) The administrator or a conservation and resource enforcement officer shall have the power to issue a civil citation to any person who is charged with having committed a civil resource violation.

(b) The administrator or a conservation and resource enforcement officer shall have the power to summon such person cited pursuant to subsection (a) above to answer to the violation notice and any citation contained therein, and to submit to administrative proceedings conducted pursuant to this subchapter.

(c) Service of the violation notice may be conducted by any employee of the department or anyone authorized by the administrator, and may be effectuated by one of the following methods:

(1) By personal service on the respondent, with or without the respondent's signature acknowledging the service;

(2) By certified mail, return receipt requested, to the respondent's last known address;

(3) If the respondent is a domestic or foreign corporation or a partnership or other unincorporated association, by delivering a copy of the violation notice to an officer, a managing or general agent or partner, or to any other agent or partner authorized by appointment or by law to receive service of process; or

(4) Where a civil resource violation involves an unattended vehicle or vessel, service may be conducted by a conservation and resource enforcement officer who shall conspicuously affix the violation notice to the vehicle or vessel for the registered owner to receive and answer.

(d) In any pending case, the department may amend a violation notice at any time prior to the filing of the respondent's answer to the original notice.

Notes

Haw. Code R. § 13-1-61

[Eff and comp 2/27/09] (Auth: HRS § 199D-1) (Imp: HRS §§ 91-9, 91-9.5, 199D-1)