HAR §13-1-71. Determination of a repeat violator

For the purpose of assessing administrative fines and other sanctions on a civil resource violation, a prior criminal or administrative citation shall not subject the same person to being determined as a repeat violator unless a final judgment or administrative decision on the prior citation has been entered by a judge, the board, the chairperson or a hearing officer with a finding and conclusion of a violation of a state law administered by the department. [Eff and comp 2/27/09] (Auth: HRS §199D-1) (Imp: HRS §199D-1) §13-1-72 Enforcement and stay of a final decision. (a) Unless otherwise stated in a final decision, all administrative fines, other monetary assessments and non-monetary sanctions shall be due within thirty days of the service of the final decision imposing such fines and sanctions. (b) Unless otherwise decided by the board, upon request filed by a party, the chairperson may stay enforcement of a final decision pending a judicial review of the case. The chairperson’s decision as to the request for stay is final. (c) The department is authorized to take any legal action to collect any overdue monetary sanctions or enforce any overdue non-monetary sanctions imposed in an administrative proceeding under this subchapter, or may refer the case to the attorney general for such 1-53 an action. [Eff and comp 2/27/09] (Auth: HRS §199D- 1) (Imp: HRS §199D-1) DEPARTMENT OF LAND AND NATURAL RESOURCES The amendment to and compilation of Title 13, Chapter 1, Hawaii Administrative Rules, including the adoption, amendment and repeal of individual rules as listed on the summary pages, and in the text attached hereto, were adopted on December 12, 2008, by the Board of Land and Natural Resources. Eight public hearings on the amendment were held on six islands on October 2, 7, 9, 14, 20, 23, 28 and 30, 2008. Public hearing notice was given in the Honolulu Advertiser and the Honolulu Star-Bulletin on August 31, 2008. They shall take effect ten days after filing with the Office of the Lieutenant Governor. /s/ _____________________________ LAURA H. THIELEN Chairperson, Board of Land and Natural Resources APPROVED: /s/ _____________________________ LINDA LINGLE Governor State of Hawaii 2/13/09 _____________________________ Date of Approval APPROVED AS TO FORM: /s/ Linda L.W. Chow _______________________ Deputy Attorney General 2/17/09 _____________________________ Office of the Lt. Governor