[§304A-1904]  Violations; penalties; costs; collection.  (a)  In consultation with the office of Hawaiian affairs, the board of regents may set and provide for the assessment and collection of administrative fines for violations of this subpart or rules adopted hereunder; provided that the fines shall be set as follows:

     (1)  For the first violation, not more than $2,500;

     (2)  For the second violation within five years of a previous violation, not more than $5,000; and

     (3)  For the third violation within five years of a prior violation and any subsequent violation, not more than $10,000.

     (b)  Each day that the violation continues shall constitute a separate offense.

     (c)  The costs of any enforcement proceedings, including the costs of contested case proceedings, may be assessed against a party found to be in violation.

     (d)  Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action. [L 2009, c 132, pt of §2]