Haw. Code R. § 4-66-66.1 - Enforcement action and penalty assessment schedule

(a) In proposing enforcement actions, the department may use the enforcement action and penalty assessment schedule dated, which is appended at the end of this chapter and made a part of this section by reference. In selecting an appropriate penalty, the department shall consider the factors in section 149A-41, Hawaii Revised Statutes.

(b) Notwithstanding subsection (a), the department is not limited to the sanctions shown in the enforcement action and penalty assessment schedule. In its discretion, the department may deny, cancel, suspend, or revoke a permit, license or certificate, as provided in sections 149A-14, 149A-18 and 149A-34, Hawaii Revised Statutes, separately or in conjunction with the enforcement action. The department may assess an appropriate penalty as provided in the enforcement action and penalty assessment schedule and consistent with sections 141-7 and 149A-41, Hawaii Revised Statutes.

(c) For private applicators and other persons referred to in section 149A-41(b)(2), Hawaii Revised Statutes, the penalty assessment shall apply after the written warning or citation requirement of section 149A-41(b)(2) has been satisfied

Notes

Haw. Code R. § 4-66-66.1

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-20, 149A-33, 149A-41) (Imp: HRS § 149A-20, 149A-41) Am and comp 8/23/2019