[§261E-17]  Unlawful actions; penalties. (a)  Any person who knowingly and wilfully violates any provision of thischapter, or the terms of any certificate, for which violation a penalty is nototherwise provided in this chapter, shall be fined not less than $500 or morethan $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 constitutea separate offense.

(b)  Any person, whether carrier, shipper, orconsignee, 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 ofany provision of this chapter;

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

(3)  Knowingly and wilfully by any such means orotherwise 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 wilfullydivulges any fact or information that may come to the person's knowledge duringthe course of any examination or inspection made under authority of thischapter, except as the person may be directed by the commission or by a courtor 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 andwilfully fails or refuses to comply with any provision of this chapter, or anyrule, filed tariff, or requirement or order thereunder, shall pay a civilpenalty to the State in the sum of not less than $100 nor more than $5,000 foreach offense and, in the case of a continuing violation, a penalty not toexceed $1,000 for each additional day during which the failure or refusalcontinues.  A penalty shall become due and payable when the person incurring itreceives a notice in writing from the air carrier commission, reasonablydescribing the violation and advising that the penalty is due.  Penaltiesagainst a related company, at the discretion of the air carrier commission, maybe collected from the related Hawaii air carrier.

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