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

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

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

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

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

(4)  The penalties and remedies prescribed in thissection with respect to any violation mentioned in this section shall beconcurrent and alternative and neither singly nor combined shall the same beexclusive and either singly or combined the same shall be cumulative with anyand all other civil, criminal, or alternative rights, remedies, or penaltiesprovided 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 L1963, c 114, §1 and c 193, §8; HRS §147-2; am L 1983, c 257, §3; am L 1985, c111, §1]

 

Cross References

 

  Administrativehearing, see chapter 91.

 

Rules of Court

 

  Injunction, see HRCPrule 65.