General administrative penalties
HRS §171-6.4
in effect171-6.4. General administrative penalties
(a) Except as otherwise provided by law, the board or its authorized representative by proper delegation may set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorneys' fees and costs; or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages resulting from a violation of this chapter or any rule adopted pursuant to this chapter. The administrative fines shall be as follows:
(1) For a first violation, a fine of not more than
$2,500;
(2) For a second violation
within five years of a previous violation, a fine of not more than $5,000; and
(3) For a third or
subsequent violation within five years of the last violation, a fine of not
more than $10,000.
(b) Any criminal
action against a person for any violation of this chapter or any rule adopted
pursuant to this chapter shall not be deemed to preclude the State from
pursuing civil legal action against that person. Any civil legal action
against a person to recover administrative fines and costs for any violation of
this chapter or any rule adopted pursuant to this chapter shall not be deemed
to preclude the State from pursuing any criminal action against that person.
Each day of each violation shall constitute a separate offense.
(c) Noncompliance with administrative
enforcement action against a landowner for a land use, as defined in section
183C-2, that violates the law or for a currently unauthorized structure
encroaching on public lands, including but not limited to submerged lands or
lands within the shoreline, that falls, slides, or comes onto public land, or
arises from or benefits an adjoining or abutting private land shall affect
title pursuant to section 501-151 and result in a lien attaching to the
adjoining or abutting private land.
[L 2004, c 142, §4; am L 2023, c 236, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0171/HRS_0171-0006_0004.htmFetched: 11/10/2026