§147-2  Duties of department; violations; proceedings; penalties.  The department shall administer and enforce this part and rules adopted by the department pursuant thereto.

     The following penalties, remedies, procedures, and actions shall apply in instances of violations and complaints of violations of this part, or of the rules adopted by the department under the authority of this part:

     (1)  Administrative penalty.  The department may, after notice and opportunity for hearing, fine any person who violates this part or any rule adopted under this part, not more than $1,000 for each separate offense.  Each day or instance of violation shall constitute a separate offense.  Any action taken to impose or collect the penalty provided for in this paragraph shall be considered a civil action;

     (2)  Nuisance may be enjoined, abated.  Violation of this part or of any rule adopted thereunder is declared a public nuisance and may be enjoined or abated as such in a suit filed and prosecuted in the circuit court by the department or the attorney general.  The several circuit courts are hereby vested with jurisdiction to prevent and restrain violation of this part or of any rule effective thereunder;

     (3)  Misdemeanor.  Any person who violates this part or any rule adopted under this part shall be fined not more than $1,000 or imprisoned not more than one year, or both;

     (4)  The penalties and remedies prescribed in this section with respect to any violation mentioned in this section shall be concurrent and alternative and neither singly nor combined shall the same be exclusive and either singly or combined the same shall be cumulative with any and all other civil, criminal, or alternative rights, remedies, or penalties provided or allowed by law with respect to any such violation; and

     (5)  Nothing in this section shall prohibit the county police departments and county prosecutors or state law enforcement agencies from investigating and enforcing criminal violations of this chapter. [L 1945, c 252, §2; RL 1955, §22-2; am L Sp 1959 2d, c 1, §§14, 22; am L 1961, c 132, §2; am L 1963, c 114, §1 and c 193, §8; HRS §147-2; am L 1983, c 257, §3; am L 1985, c 111, §1; am L 2012, c 328, §2]

Cross References

  Administrative hearing, see chapter 91.

Rules of Court

  Injunction, see HRCP rule 65.