§444-23  Violation; penalties.  (a)  Any
licensee who contracts outside the appropriate scope of classification for
which the licensee is licensed shall be fined $500 for the first offense,
$1,000 for the second offense, and not less than $1,500 or more than $2,000 for
any subsequent offense.



(b)  Any licensee who violates section 444-9.3
or 444-17(17) shall be fined up to $25,000 or up to the full amount of the
contract price for each offense, whichever is greater.



(c)  Except as provided in subsections (a),
(b), (d), and (e), any person who violates or fails to comply with this chapter
shall be fined not less than $100 or more than $5,000 for each violation;
provided that any person who violates section 444-9 shall be fined:



(1)  $2,500 or forty per cent of the total contract
price, whichever is greater, for the first offense;



(2)  $3,500 or forty per cent of the total contract
price, whichever is greater, for the second offense; and



(3)  $5,000 or forty per cent of the total contract
price, whichever is greater, for any subsequent offense,



and when the person is or was a defendant or
respondent in a separate citation or lawsuit filed with or by the department,
all tools, implements, documents, materials, or any other property used by the
person in activities violating section 444-9 shall be subject to forfeiture as
provided by section 444-23.5 and shall be turned over to the department for
disposition under that section.



(d)  Any licensee who violates, or whose
employee violates, section 444-17(18), 444-17(19), or 444-17(20), shall be
fined $75 for the first offense, $150 for the second offense, and not less than
$300 or more than $1,000 for each subsequent offense; provided that each unit
serviced in violation of section 444-17(18) or 444-17(19) and each instance of
releasing CFCs in violation of section 444-17(20) shall constitute a separate
offense.



(e)  Any person who violates section 444-2(7),
shall be fined:



(1)  $5,000 or forty per cent of the appraised value
of the building as determined by the county tax appraiser, whichever is
greater, for the first offense; and



(2)  $10,000 or fifty per cent of the appraised value
of the building as determined by the county tax appraiser, whichever is
greater, for any subsequent offenses. [L 1957, c 305, §1(s 22); Supp, §166A-22;
HRS §444-23; am L 1975, c 127, §1; am L 1980, c 102, §1; am L 1984, c 216, §1;
am L 1986, c 23, §1; am L 1989, c 77, §12; am L 1990, c 244, §1; am L 1992, c
264, §10 and c 269, §5; am L 1996, c 172, §5; am L 2000, c 291, §3; am L 2009,
c 195, §1]