HAR §11-37-82
HAR §11-37-82. or their designee shall provide a hearing as soon as practicable
Cite as Haw. Code R. § 11-37-82
At such hearing the director or their designee shall:
(1) Determine whether the embargoed or detained product is held for sale, offered for sale, sold, or distributed in violation of this chapter or chapter 328G, HRS, or is otherwise a potential health hazard;
(2) Determine whether the product must be destroyed and under what circumstances; and
(3) Issue a final order for the continued embargo or detainment and ultimate disposition of the embargoed or detained product, or rescind the action.
(g) If no written request is submitted to the department within twenty days from the date the tag or other marking of embargo or detainment was affixed to the product, the department's findings and conclusions shall become final and the owner or seller of the product shall dispose of the embargoed or detained product in the manner prescribed by the department.
(h) Every product sold, moved, or used, and every tag or other appropriate marking removed, in violation of this section shall be a separate violation and subject to further enforcement pursuant to section 328G-6, HRS. [Eff and comp 12/6/24; §11-37-80; ren §11-37-81 and comp JAN 28 2026 ]
(Auth: HRS §§321-1, 328G-4) (Imp: HRS §§328G-4, 328G-6)
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