§397-8 - Violations and penalties.

§397-8 Violations and penalties. (a)
The director shall have authority to assess all civil penalties provided in
this section, giving due consideration to the appropriateness of the penalty
with 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 who
violates this chapter, or any safety standard promulgated hereunder or any rule
issued under the authority of this chapter, or who violates or fails to comply
with any order made under or by virtue of this chapter or under or by virtue of
any rule of the department, or who defaces, displaces, destroys, damages, or
removes without the authority of the department any safety device, safeguard,
notice, order, or warning required by this chapter or by any rule of the
department shall be assessed a civil penalty of not more than $10,000 for each
such violation.

(d) Whoever knowingly makes any false
statement, representation, or certification in any application, record, report,
plan or other document filed or required to be maintained pursuant to this
chapter, 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 chapter
shall be paid to the department and may be recovered in a civil action in the
name of the department and the State brought in the district or circuit court
for the circuit where the violation is alleged to have occurred or where the
owner, user, contractor or vendor has the owner's, user's, contractor's, or
vendor's principal office. (f) Criminal offenses committed against any
employee of the State acting within the scope of the employee's office, or
employment, or authority under this chapter shall be subject to the penalties
set forth in the Hawaii Penal Code provided that:

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

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

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

(4) One year shall be added to the maximum term of
imprisonment and $500 shall be added to the maximum fine for conviction for a
misdemeanor.

(5) The maximum term of imprisonment and maximum
fines prescribed for misdemeanors under the Hawaii Penal Code shall apply to
convictions for a petty misdemeanor. [L 1980, c 19, pt of §1; gen ch 1985; am L
1999, c 229, §2]