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

(b)  Notwithstanding the provisions ofsubsection (a), any public utility violating or neglecting or failing in anyparticular to conform to or comply with any rule or order of the commissionsetting forth safety requirements applicable to the transmission of gas shallbe subject to a civil penalty not to exceed $25,000 for each day that theviolation, neglect, or failure continues; provided that the maximum penalty forrelated violations arising out of the same act, omission, or occurrence shallnot exceed $500,000.

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

(d)  Upon written application filed withinfifteen days after service of an order imposing a civil penalty pursuant tothis section, the commission may remit or mitigate such penalty upon such termsas it deems proper.

(e)  If any civil penalty imposed pursuant tothis section is not paid within such period as the commission may direct, theattorney general shall institute a civil action for recovery of same in circuitcourt. [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 L1988, c 254, §1; am L 1989, c 242, §1; am L 1991, c 57, §11]

 

Case Notes

 

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