[§261E-17]  Unlawful actions; penalties. 
(a)  Any person who knowingly and wilfully violates any provision of this
chapter, or the terms of any certificate, for which violation a penalty is not
otherwise provided in this chapter, shall be fined not less than $500 or more
than $2,000 for the first offense and not less than $1,000 nor more than
$10,000 for any subsequent offense.  Each day of the violation shall constitute
a separate offense.



(b)  Any person, whether carrier, shipper, or
consignee, or any officer, employee, agent, or representative thereof, who:



(1)  Knowingly offers, grants, gives, solicits,
accepts, or receives any rebate, concession, or discrimination in violation of
any provision of this chapter;



(2)  By means of any false statement or representation
or by the use of any false or fictitious bill, bill of lading, receipt,
voucher, roll, account, claim, certificate, affidavit, deposition, lease, or
bill of sale, or by any other means or device, knowingly and wilfully assists,
suffers, or permits any person or persons, natural or artificial, to obtain
transportation of passengers or property subject to this chapter for less than
the applicable rate, fare, or charge; or



(3)  Knowingly and wilfully by any such means or
otherwise fraudulently seeks to evade or defeat regulations in this chapter,



shall be fined not less than $100 nor more than
$5,000 for each offense.



(c)  Any person who knowingly and wilfully
divulges any fact or information that may come to the person's knowledge during
the course of any examination or inspection made under authority of this
chapter, except as the person may be directed by the commission or by a court
or judge of competent jurisdiction, shall be guilty of a misdemeanor.



(d)  Any Hawaii air carrier or related company,
or any officer, agent, employee, or representative thereof, who knowingly and
wilfully fails or refuses to comply with any provision of this chapter, or any
rule, filed tariff, or requirement or order thereunder, shall pay a civil
penalty to the State in the sum of not less than $100 nor more than $5,000 for
each offense and, in the case of a continuing violation, a penalty not to
exceed $1,000 for each additional day during which the failure or refusal
continues.  A penalty shall become due and payable when the person incurring it
receives a notice in writing from the air carrier commission, reasonably
describing the violation and advising that the penalty is due.  Penalties
against a related company, at the discretion of the air carrier commission, may
be collected from the related Hawaii air carrier.



(e)  The commission may compromise any fine or
civil penalty taking into consideration, among other factors, the impact on
consumers and remedial measures to be taken. [L Sp 2008, c 1, pt of §2]