Haw. Code R. § 13-300-43 - Penalty

(a) It shall be unlawful for any person, natural or corporate, to knowingly take, appropriate, excavate, injure, destroy, or alter any burial site or the contents thereof, located on private lands or lands owned or controlled by the State, or any of its political subdivisions, except as permitted by the department.

(b) Violators of this chapter and section 6E-11(b), HRS, are also subject to prosecution pursuant to section 711-1107, HRS, the penalties for which shall be imposed in addition to, and not in lieu of, any penalties imposed by section 6E-11(c), HRS, which include:

(1) A fine of not more than $ 10,000 for each separate offense;

(2) If the violator directly or indirectly caused the loss of, or damage to, a burial site, a fine of an additional amount determined by the court to be equivalent to the value of the lost or damaged burial site;

(3) Seizure and disposition by the State without compensation to its owner or owners of all equipment used for the taking, appropriation, excavation, injury, destruction, or alteration of a burial site, or for the transportation of the violator to and from the burial site; and

(4) Prohibition from participating in the construction of any state or county funded project for ten years, as provided by section 6E-11(d), HRS.

(c) Each day of continued violation of this provision shall constitute a distinct and separate offense for which the offender may be punished, as provided by section 6E-11(c), HRS.

Notes

Haw. Code R. § 13-300-43

[Eff SEP 28 1996] (Auth: HRS §§ 6E-43.5, 91-2) (Imp: HRS §§ 6E-11, 711-1107)