Bill Text: HI SB2859 | 2014 | Regular Session | Introduced
Bill Title: Administrative Penalties
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-14 - Report adopted; Passed Second Reading and referred to WAM. [SB2859 Detail]
Download: Hawaii-2014-SB2859-Introduced.html
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THE SENATE |
S.B. NO. |
2859 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ADMINISTRATIVE PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 321-20, Hawaii Revised Statutes, is amended to read as follows:
"[[]§321-20[]]
Remedies. Notwithstanding other penalties, the director may enforce
this chapter in either administrative or judicial proceedings:
(1) Administrative. If the director determines that
any person is violating any provision of this chapter, any rule adopted
thereunder, or any variance or exemption or waiver issued pursuant thereto, the
director may have that person served with a notice of violation and an order.
The notice shall specify the alleged violation. The order may require that the
alleged violator do any or all of the following: cease and desist from the
violation, pay an administrative penalty not to exceed [$1,000] $10,000
for each day of violation, correct the violation at the alleged violator's own
expense, or appear before the director at a time and place specified in the
order and answer the charges complained of. The order shall become final
twenty days after service unless within those twenty days the alleged violator
requests in writing a hearing before the director. Upon such request the
director shall specify a time and place for the alleged violator to appear.
When the director issues an order for immediate action to protect the public
health from an imminent and substantial danger, the department shall provide an
opportunity for a hearing within twenty-four hours after service of the order.
After a hearing pursuant to this subsection, the director may affirm, modify,
or rescind the order as appropriate. The director may institute a civil action
in any court of appropriate jurisdiction for the enforcement of any order
issued pursuant to this subsection.
Factors to be considered in imposing the administrative penalty include the nature and history of the violation and any prior violation and the opportunity, difficulty, and history of corrective action. It is presumed that the violator’s economic and financial conditions allow payment of the penalty and the burden of proof to the contrary is on the violator. In any judicial proceeding to enforce the administrative penalty imposed pursuant to this chapter, the director need only show that notice was given, a hearing was held or the time granted for requesting a hearing had expired without such a request, the administrative penalty imposed, and that the penalty imposed remains unsatisfied.
This section does not supersede specific administrative penalties provided elsewhere.
(2) Judicial. The director may institute a civil action in any court of appropriate jurisdiction for injunctive relief to prevent violation of any order issued or rule adopted pursuant to this chapter, in addition to any other remedy or penalty provided for under this chapter."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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BY REQUEST |
Report Title:
Administrative Penalties
Description:
Increases from $100 per day to a maximum of $10,000 per day fines levied for violations of sanitation laws and rules for establishments required to undergo sanitation inspections by the Department of Health. The increase in sanitation penalties establishes parity with existing food adulteration penalties.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
