§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. [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]



 



Cross References



 



  Administrative
hearing, see chapter 91.



 



Rules of Court



 



  Injunction, see HRCP
rule 65.