Haw. Code R. § 13-1-70 - Administrative sanctions schedule; factors to be considered

(a) For the purposes of providing guidance in the assessment of administrative sanctions and promoting consistency within the department, there shall be adopted by the board an administrative sanctions schedule.

(b) The administrator, divisions, and conservation and resource enforcement officers shall use the administrative sanctions schedule when issuing a notice of civil resource violation.

(c) The board or its delegates shall set a sanction for a civil resource violation after consideration of the administrative sanctions schedule and the following factors:

(1) Value of the natural or cultural resource that is damaged or the subject of a theft, which may be measured by the market value of the resource damaged or taken and any other factor deemed appropriate by the board or its delegates, such as the loss of the resource to its natural habitat and environment and the cost of restoration or replacement;

(2) Damages to the state in its facilities and services, including the present value of any accrued past damages and defined future damages;

(3) Costs for the state to remedy any damages, restore any resources, repair any facilities, replace any assets, or recover any losses;

(4) Costs for the state to enforce against, investigate and monitor the violation and its damages;

(5) Fees and costs for the state to prosecute or process the violation in any legal or administrative proceedings, including attorneys' fees and costs;

(6) Level of damages to the public for whom the state holds a public trust of the resource involved;

(7) Pecuniary gains that have been realized or may be potentially realized by the respondent from an unauthorized commercial activity;

(8) Concurrent civil resource violations when perpetrating the underlying violation;

(9) Concurrent violations of any federal laws or state laws other than those administered by the department;

(10) Level of the respondent's culpable intent as compared to the state's responsibility in proper signage, other actual or constructive notice, enforcement, and promotion of public awareness and education;

(11) Repetition and duration of resource violations of the same or similar type in the respondent's history;

(12) Extent of the respondent's cooperation with authorities and compliance with inquiries, requests, orders, protocols, or warnings that may have been conveyed to the respondent through written or verbal notification from the department;

(13) Voluntary actions taken by the respondent to mitigate or avoid any damages or injuries resulting from or threatened by the violation;

(14) The respondent's capability and resources in providing any redress and restitution;

(15) The respondent's willingness to voluntarily comply with all the sanctions assessed in the notice of civil resource violation for any specific violation; and

(16) Any other factors that may be identified as constructive for the fair assessment of administrative sanctions.

Notes

Haw. Code R. § 13-1-70

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