§397-8  Violations and penalties.  (a) The director shall have authority to assess all civil penalties provided inthis section, giving due consideration to the appropriateness of the penaltywith respect to the gravity of the violation, the good faith of the owner,user, contractor, or vendor and the history of previous violations.

(b)  Any owner, user, contractor, or vendor whoviolates this chapter, or any safety standard promulgated hereunder or any ruleissued under the authority of this chapter, or who violates or fails to complywith any order made under or by virtue of this chapter or under or by virtue ofany rule of the department, or who defaces, displaces, destroys, damages, orremoves without the authority of the department any safety device, safeguard,notice, order, or warning required by this chapter or by any rule of thedepartment shall be assessed a civil penalty of not more than $10,000 for eachsuch violation.

(c)  Each day a violation continues shallconstitute a separate violation except during an abatement period.

(d)  Whoever knowingly makes any falsestatement, representation, or certification in any application, record, report,plan or other document filed or required to be maintained pursuant to thischapter, shall, upon conviction, be punished by a fine of not more than$10,000, or by imprisonment for not more than six months, or by both.

(e)  Civil penalties owed under this chaptershall be paid to the department and may be recovered in a civil action in thename of the department and the State brought in the district or circuit courtfor the circuit where the violation is alleged to have occurred or where theowner, user, contractor or vendor has the owner's, user's, contractor's, orvendor's principal office. (f)  Criminal offenses committed against anyemployee of the State acting within the scope of the employee's office, oremployment, or authority under this chapter shall be subject to the penaltiesset forth in the Hawaii Penal Code provided that:

(1)  Ten years shall be added to the maximum term ofimprisonment (unless life imprisonment is imposed) and $10,000 shall be addedto the maximum fine imposed for conviction under a class A felony.

(2)  Five years shall be added to the maximum term ofimprisonment and $5,000 shall be added to the maximum fine imposed forconviction under a class B felony.

(3)  Three years shall be added to the maximum term ofimprisonment and $1,000 shall be added to the maximum fine for conviction undera class C felony.

(4)  One year shall be added to the maximum term ofimprisonment and $500 shall be added to the maximum fine for conviction for amisdemeanor.

(5)  The maximum term of imprisonment and maximumfines prescribed for misdemeanors under the Hawaii Penal Code shall apply toconvictions for a petty misdemeanor. [L 1980, c 19, pt of §1; gen ch 1985; am L1999, c 229, §2]