HOUSE OF REPRESENTATIVES	H.B. NO.	342
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to the department of health.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to part I be appropriately designated and to read as follows:

     "§321-    Administrative review of action by an agent or inspector.  (a)  Any person who is aggrieved by an administrative act of an agent or inspector of the department of health that:

     (1)  Adversely affects a license or certification held or applied for by the person; and

     (2)  Is based on grounds that are otherwise appropriate subjects for investigation under section 96-8,

may submit a request for a contested case hearing to the director of health within sixty days of the date of the action of the agent or inspector.

     (b)  In addition to any other remedy provided by law, the director may award attorney's fees and costs to the person who is aggrieved by an administrative act of the agent or inspector and may fine the agent or inspector not more than $10,000."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

DOH; Agents and Inspectors; Hearings

 

Description:

Authorizes administrative review of certain actions by DOH agents and inspectors that adversely affect licenses and certifications issued by DOH.

 

 

 

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