(a) In lieu of issuing a person a first
citation and fine for failure to display under section 18-237D-4-ll(c)(l), the
department shall issue the violator a written warning if the person has never
before received a written warning for any violation for any transient
accommodation under section 18-237D-4-ll(c)(l).
(b) Only one written warning in lieu of a
first violation and fine under subsection (a) may be issued per person. For any
subsequent first violations the person may commit under section
18-237D-4-ll(c)(l), the department shall issue a citation with a
fine.
(c) For purposes of this
section, a written warning shall contain:
(1)
The name and address of the violator;
(2) The specific alleged violation or
violations of title 14, HRS, or the administrative rules adopted
thereunder;
(3) The address of the
transient accommodation, if possible;
(4) A description of the advertisement where
the transient accommodation is advertised. The advertisement shall be described
to the best of the department's ability and may include such information as the
name and date of the publication, the website address or any other description
sufficient for a reasonable person to locate the advertisement; and
(5) A statement that the violator may be
cited under section
18-237D-4-13 beginning fifteen days after the written
warning's date of issuance for any violation related to this or any other
transient accommodation, including any violations related to other transient
accommodations operated by the violator the department subsequently discovers
during the fifteen-day period.
(d) The department shall keep a record of all
written warnings issued.
(e) A
written warning shall be served by:
(1)
Personal service on the respondent, respondent's officer or director, or
respondent's registered agent for service of process as shown in the records of
the department of commerce and consumer affairs;
(2) Certified mail, restricted delivery, sent
to the respondent's last known business or residence address or the address of
respondent's registered agent for service as shown in the records of the
department of commerce and consumer affairs; or
(3) Publication at least once in each of two
successive weeks in a newspaper of general circulation if service by certified
mail is not made because of refusal to accept service or because the department
has been unable to ascertain the address necessary for service under paragraph
(2) after reasonable and diligent inquiry. Publication shall consist solely of
the respondent's name and a statement that the respondent is being served its
written warning by the publication and has fifteen days from the date of
service to cure its violation. No return information or other personal or
confidential information shall be disclosed in the publication.
If the written warning is served by certified mail under
subsection (e)(2), the date of service of the written warning is the date the
written warning was delivered. If the written warning is served by publication
under subsection (e)(3), the date of service of the written warning is the last
date of publication in the second successive week.
(f) If, during the fifteen-day period
described under subsection (c)(5), the department discovers another transient
accommodation operated by the violator for which a citation for a first
violation may be issued, the department shall not issue such citation until the
fifteen-day period has elapsed; provided that if the violator does not cure all
of its violations during the fifteen-day period provided by the written
warning, the department shall issue citations for all transient accommodations
in violation after the expiration for all days during which they were in
violation pursuant to section
18-237D-4-11.
Example 1. Operator LLC owns one condominium unit
which it operates as a transient accommodation. Operator LLC submits its unit
to TAbroker.com, a website which displays a searchable database of units for
rent. The department discovers that the listing for Operator LLC's unit does
not display Operator LLC's registration identification number, nor is there an
electronic link leading to the number. The department reviews its records and
sees that it has never issued a warning or a citation to Operator LLC. The
department shall issue a written warning to Operator LLC under section
18-237D-4-12.
