Haw. Code R. § 18-237D-4-14 - Issuance of a citation for failure to display
(a) A
citation for failure to display is both a notice of violation and an offer to
settle an administrative case involving any violation related to the citation,
and may include a monetary fine where permitted under the applicable law and
rules.
(b) Any employee of the
department who is assigned to the special enforcement section or otherwise duly
authorized by the department may issue a citation for failure to display to a
person if there is reason to believe the person has violated or is violating
section
237D-4,
HRS, or any administrative rules adopted thereunder.
(c) A citation for failure to display may 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 a citation for failure to display under section
237D-4,
HRS, by the publication and has thirty days from the date of service to
respond. No return information or other personal or confidential information
shall be disclosed in the publication.
(d) If the citation is served by publication
under subsection (c)(3), the date of service of the citation is the last date
of publication in the second successive week.
Notes
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