HAR §13-1-53. Applicability

(a) This subchapter is applicable to all divisions, offices and attached agencies of the department, except as otherwise provided by law, where a notice of civil resource violation has been issued pursuant to chapter 199D, Hawaii Revised Statutes and this subchapter. (b) Any criminal prosecution against a person shall not preclude the state from imposing administrative sanctions pursuant to this subchapter against the same person for any civil resource violation committed in the same course of conduct. (c) Any administrative proceeding against a person under this subchapter shall not preclude the state from pursuing a separate criminal prosecution against the same person for a criminal offense committed in the same course of conduct. (d) For any proceedings instituted under this subchapter against violations of chapter 6K, HRS, or any rules adopted thereunder, the Kaho’olawe island reserve commission shall act whenever the board is responsible and authorized to act, and the chairperson of the Kaho’olawe island reserve commission shall act 1-41 whenever the chairperson of the department is responsible and authorized to act. (e) For any proceedings instituted under this subchapter against violations of chapter 174C, HRS, or any rules adopted thereunder, the commission on water resource management shall act whenever the board is responsible and authorized to act, and the chairperson of the commission on water resource management shall act whenever the chairperson of the department is responsible and authorized to act. [Eff and comp 2/27/09] (Auth: HRS §§6K-8.6, 174C-15.5, 199D-1, 199D-2) (Imp: HRS §§6K-8.6, 174C-15.5, 199D-1, 199D- 2)