HAR §11-15-53
HAR §11-15-53. Penalty
Cite as Haw. Code R. § 11-15-53
(a) Any person who violates any
provision of this chapter shall be guilty of a
misdemeanor. Each and every violation of the
provisions of this chapter shall constitute a separate
offense.
(b) In addition to any other administrative or
judicial remedy provided in this chapter, the director
may fine any person who violates any provision of this
chapter a fine or penalty of not more than $10,000 for
each separate offense. Factors to be considered in
imposing the administrative penalty include the nature
and history of the violation and of any prior
violation, and the opportunity, difficulty, and
history of corrective action. For any judicial
proceeding to recover the administrative penalty
imposed, the director need only show that notice was
given, a hearing was held, or the time granted for
requesting a hearing has expired without such a
request, the administrative penalty was imposed, and
that the penalty remains unpaid.
(c) The director may institute a civil action in
any court of competent jurisdiction for injunctive
relief to prevent any violation of this chapter.
[Eff. AUG 14 1989] (Auth: HRS §§321-8, 321-9, 321-10,
321-11, 321-18, 328-30, 328-31) (Imp: HRS §§321-11,
328-8, 328-22, 328-25, 328-28, 328-29, 328-30, 328-31)