PART IV. 
VIOLATIONS, WARNING NOTICE, AND PENALTIES



 



Note



 



  Part heading amended by L 1977, c 104, §1.



 



§149A-41  Violations, warning notice, and
penalties.  (a)  Warning notice.  Any person who violates this chapter or
any rule issued under this chapter may upon the first violation be issued a
written warning notice citing the specific violation and necessary corrective
action.



(b)  Administrative penalties.



(1)  In general, any registrant, commercial
applicator, wholesaler, dealer, retailer, or other distributor who violates any
provision of this chapter may be assessed an administrative penalty by the
board of not more than $5,000 for each offense;



(2)  Any private applicator or other person not
included in paragraph (1) who violates any provision of this chapter relating
to the use of pesticides while on property owned or rented by that person or
the person's employer, subsequent to receiving a written warning from the
department or following a citation for a prior violation, may be assessed an
administrative penalty by the board of not more than $1,000 for each offense. 
Any private applicator or other person not included in paragraph (1) who
violates any provision of this chapter relating to licensing, transport, sale,
distribution, or application of a pesticide for commercial purposes may be
assessed an administrative penalty as provided in paragraph (1);



(3)  No administrative penalty shall be assessed
unless the person charged shall have been given notice and an opportunity for a
hearing on the specific charge in the county of the residence of the person
charged.  The administrative penalty and any proposed action contained in the
notice of finding of violation shall become a final order unless, within twenty
days of receipt of the notice, the person or persons charged make a written
request for a hearing.  In determining the amount of penalty, the board shall
consider the appropriateness of the penalty to the size of the business of the
person charged, the effect on the person's ability to continue business, and
the gravity of the violation; and



(4)  In case of inability to collect the
administrative penalty or failure of any person to pay all or such portion of
the administrative penalty as the board may determine, the board shall refer
the matter to the attorney general, who shall recover the amount by action in
the appropriate court.  For any judicial proceeding to recover the
administrative penalty imposed, the attorney general need only show that notice
was given, a hearing was held or the time granted for requesting a hearing has
expired without such a request, the administrative penalty was imposed, and
that the penalty remains unpaid.



(c)  Criminal penalties.



(1)  In general, any registrant, commercial
applicator, wholesaler, dealer, retailer, or other distributor who knowingly
violates any provision of this chapter shall be guilty of a misdemeanor and
shall on conviction be fined not more than $25,000, or imprisoned for not more
than one year, or both.



(2)  Any private applicator or other person not
included in paragraph (1) who knowingly violates any provision of this chapter
shall be guilty of a misdemeanor and shall on conviction be fined not more than
$1,000, or imprisoned for not more than one year, or both.



(3)  Any person, who, with intent to defraud, uses or
reveals information relative to formulas of products acquired under the
authority of section 3, Federal Insecticide, Fungicide and Rodenticide Act
(FIFRA), as amended, shall be fined not more than $10,000, or imprisoned for
not more than three years, or both.



(d)  Liabilities.  When construing and
enforcing the provisions of this chapter, the act, omission, or failure of any
officer, agent, or other person acting for or employed by any person shall in
every case be also deemed to be the act, omission, or failure of such person as
well as that of the person employed. [L 1972, c 58, pt of §1; HRS §149A-22; ren
L 1975, c 126, pt of §1; am L 1977, c 104, pt of §1; am L 1979, c 88, §3; am L
1987, c 310, §19; am L 1996, c 281, §3; am L 2000, c 154, §6]