Administrative penalties
HRS §329-49
in effect329-49. Administrative penalties
(a) Any person who violates this chapter or any rule adopted by the department pursuant to this chapter shall be fined not more than $10,000 for each separate offense. Any action taken to collect the penalty provided for in this subsection shall be considered a civil action and the fine shall be deposited into the state general fund.
(b) The director may impose by order the
administrative penalty specified in this section, in addition to any other
administrative or judicial remedy provided by this part, or by rules adopted
pursuant to this chapter. Factors to be considered in imposing the
administrative penalty include:
(1) The nature and history of the violation;
(2) Any prior violation; and
(3) The opportunity, difficulty, and history of
corrective action.
For any judicial proceeding to recover the
administrative penalty imposed, the administrator 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 the
penalty remains unpaid.
[L 2008, c 186, pt of §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0329/HRS_0329-0049.htmFetched: 11/10/2026