PART IV. VIOLATIONS, WARNING NOTICE, AND PENALTIES

 

Note

 

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

 

§149A-41  Violations, warning notice, andpenalties.  (a)  Warning notice.  Any person who violates this chapter orany rule issued under this chapter may upon the first violation be issued awritten warning notice citing the specific violation and necessary correctiveaction.

(b)  Administrative penalties.

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

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

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

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

(c)  Criminal penalties.

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

(2)  Any private applicator or other person notincluded in paragraph (1) who knowingly violates any provision of this chaptershall 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 orreveals information relative to formulas of products acquired under theauthority of section 3, Federal Insecticide, Fungicide and Rodenticide Act(FIFRA), as amended, shall be fined not more than $10,000, or imprisoned fornot more than three years, or both.

(d)  Liabilities.  When construing andenforcing the provisions of this chapter, the act, omission, or failure of anyofficer, agent, or other person acting for or employed by any person shall inevery case be also deemed to be the act, omission, or failure of such person aswell as that of the person employed. [L 1972, c 58, pt of §1; HRS §149A-22; renL 1975, c 126, pt of §1; am L 1977, c 104, pt of §1; am L 1979, c 88, §3; am L1987, c 310, §19; am L 1996, c 281, §3; am L 2000, c 154, §6]