§269-28  Penalty.  (a)  Any public
utility violating or neglecting or failing in any particular to conform to or
comply with this chapter or any lawful order of the public utilities commission
shall be subject to a civil penalty not to exceed $25,000 for each day such
violation, neglect, or failure continues, to be assessed by the commission
after a hearing in accordance with chapter 91.  The commission may order the
public utility to cease carrying on its business while the violation, neglect,
or failure continues.



(b)  Notwithstanding the provisions of
subsection (a), any public utility violating or neglecting or failing in any
particular to conform to or comply with any rule or order of the commission
setting forth safety requirements applicable to the transmission of gas shall
be subject to a civil penalty not to exceed $25,000 for each day that the
violation, neglect, or failure continues; provided that the maximum penalty for
related violations arising out of the same act, omission, or occurrence shall
not exceed $500,000.



(c)  Notwithstanding the provisions of
subsection (a), any person acting in the capacity of or engaging in the
business of a public utility in the State without having a certificate of
public convenience and necessity or other authority previously obtained under
and in compliance with this chapter and the rules promulgated thereunder may be
subject to a civil penalty not to exceed $5,000 for each such offense, and, in
the case of a continuing violation, $5,000 for each day that uncertified
activity continues.



(d)  Upon written application filed within
fifteen days after service of an order imposing a civil penalty pursuant to
this section, the commission may remit or mitigate such penalty upon such terms
as it deems proper.



(e)  If any civil penalty imposed pursuant to
this section is not paid within such period as the commission may direct, the
attorney general shall institute a civil action for recovery of same in circuit
court. [L 1913, c 89, §15; RL 1925, §2205; am L 1933, c 169, §3; RL 1935,
§7963; RL 1945, §4724; RL 1955, §104-25; HRS §269-28; am L 1977, c 7, §1; am L
1988, c 254, §1; am L 1989, c 242, §1; am L 1991, c 57, §11]



 



Case Notes



 



  State-federal jurisdiction over interisland air
transportation.  235 F. Supp. 990; 47 H. 1, 87, 384 P.2d 536.