§11-228  Administrative fines; relief. (a)  In the performance of its required duties, the commission may render adecision or issue an order affecting any person violating any provision of thissubpart or section 281-22 that shall provide for the assessment of anadministrative fine in the manner prescribed as follows:

(1)  If a natural person, an amount not to exceed$1,000 for each occurrence or an amount equivalent to three times the amount ofan unlawful contribution or expenditure, whichever is greater; or

(2)  If a corporation, organization, association, orlabor union, it shall be punished by a fine not exceeding $1,000 for eachoccurrence; and

(3)  Whenever a corporation, organization,association, or labor union violates this subpart, the violation shall bedeemed to be also that of the individual directors, officers, or agents of thecorporation, organization, association, or labor union, who have knowinglyauthorized, ordered, or done any of the acts constituting the violation.

(b)  Any order for the assessment of anadministrative fine may not be issued against a person without providing theperson written notice and an opportunity to be heard at a hearing conductedunder chapter 91.  A person may waive these rights by written stipulation or consent. If an administrative fine is imposed upon a candidate, the commission may orderthat the fine, or any portion, be paid from the candidate's personal funds.

(c)  If an order issued by the commission isnot complied with by the person to whom it is directed, the first circuitcourt, upon application of the commission, shall issue an order requiring theperson to comply with the commission's order.  Failure to obey such a courtorder shall be punished as contempt.

(d)  Any administrative fine collected by thecommission shall be deposited into the general fund of the State of Hawaii.

(e)  Any person or the commission may sue forinjunctive relief to compel compliance with this subpart.

(f)  The provisions of this section shall notbe construed to prohibit prosecution under any appropriate provision of theHawaii Penal Code or section 11-229.

(g)  The provisions of this section shall notapply to any person who, prior to the commencement of proceedings under thissection, has paid or agreed to pay the penalties prescribed by sections11-213.5 and 11-215(c). [L 1979, c 224, pt of §2; am L 1980, c 232, §1;gen ch 1985; am L Sp 1995, c 10, §2(27); am L 1999, c 96, §10; am L 2000, c 99,§7; am L 2002, c 111, §2; am L 2008, c 244, §33; am L 2009, c 11, §1]