HAR §13-1-60. Filing and service

(a) All documents subject to filing under this subchapter shall be filed with the administrator. All filings shall comply with section 13-1-12 of this chapter. (b) Service of documents shall comply with section 13-1-13.1 of this chapter. [Eff and comp 2/27/09] (Auth: HRS §199D-1) (Imp: HRS §§199D-1, 489E-7) §13-1-61 Notice of civil resource violation; issuance, service and amendment. (a) The administrator or a conservation and resource enforcement officer shall have the power to issue a civil citation to any person who is charged with having committed a civil resource violation. (b) The administrator or a conservation and resource enforcement officer shall have the power to summon such person cited pursuant to subsection (a) above to answer to the violation notice and any citation contained therein, and to submit to administrative proceedings conducted pursuant to this subchapter. (c) Service of the violation notice may be conducted by any employee of the department or anyone authorized by the administrator, and may be effectuated by one of the following methods: (1) By personal service on the respondent, with or without the respondent’s signature acknowledging the service; (2) By certified mail, return receipt requested, to the respondent’s last known address; (3) If the respondent is a domestic or foreign corporation or a partnership or other unincorporated association, by delivering a copy of the violation notice to an officer, a managing or general agent or partner, or to any other agent or partner authorized by appointment or by law to receive service of process; or 1-44 (4) Where a civil resource violation involves an unattended vehicle or vessel, service may be conducted by a conservation and resource enforcement officer who shall conspicuously affix the violation notice to the vehicle or vessel for the registered owner to receive and answer. (d) In any pending case, the department may amend a violation notice at any time prior to the filing of the respondent’s answer to the original notice. [Eff and comp 2/27/09] (Auth: HRS §199D-1) (Imp: HRS §§91-9, 91-9.5, 199D-1) §13-1-62 Notice of civil resource violation; contents. A notice of civil resource violation shall include, at a minimum, the following: (1) The respondent's name and current address if available; (2) A statement that the notice is being issued pursuant to chapter 199D, HRS. (3) A citation of the specific resource violation, including a brief statement of the facts for which the notice is issued and a citation to the law that has been violated; (4) An assessment of all the administrative sanctions upon the respondent and the governing legal authorities; (5) A statement of the options provided in section 13-1-64 herein for answering the notice and the procedures necessary to exercise the options; (6) A summons to the respondent to answer the notice within twenty-one days of the service of the notice; (7) Name and signature of the officer or official who issues the notice; (8) Date of the issuance of the notice; (9) A statement that all citations made and sanctions assessed by the department in the notice are final unless contested by the 1-45 respondent within twenty-one days of service of the violation notice; (10) A statement that failure to timely answer the violation notice and comply with all sanctions assessed by the department may result in the entry of a default decision for the department and additional penalty as specified in the violation notice for the past due compliance; (11) A statement that a request for mitigation without contesting the notice shall be examined and decided by a hearing officer without holding any hearing, and that the hearing officer’s decision shall be final and shall not be subject to any administrative or judicial review thereafter; (12) A statement that any administrative action against the respondent for any civil resource violation shall not preclude the state from pursuing a separate criminal prosecution in a court of law for an offense committed in the same course of conduct; and (13) A space for the respondent’s statement and signature. [Eff and comp 2/27/09] (Auth: HRS §199D-1) (Imp: HRS §199D-1) §13-1-63 Answer required; noncompliance subject to higher fine. (a) A respondent who receives a violation notice shall, within twenty-one days of the service of the violation notice, answer the notice by a method indicated in the violation notice. (b) The department may assess a higher administrative fine for a civil resource violation if the violation notice is not answered or any sanctions assessed therein are not complied with by the end of the twenty-one day period or as otherwise required by the department, provided that proper notice of the higher fine has been given pursuant to sections 13-1- 61 and 62 herein, and that the total administrative 1-46 fine shall not exceed the maximum amount allowed by law. (c) For good cause shown, the administrator may extend the period allowed for answering a violation notice. [Eff and comp 2/27/09] (Auth: HRS §199D-1) (Imp: HRS §199D-1)