BIL 216 Draft 02 2018-2020 - Laserfiche WebLink

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Article 2. Administration and Enforcement. Division 1. Administration. Section 21-02-01. Jurisdiction. Unless otherwise provided for by law, the department shall have jurisdiction over and administer all matters covered by this chapter. Section 21-02-02. Adoption of rules. The department may adopt rules pursuant to chapter 91, Hawaii Revised Statutes, necessary for the purposes of this chapter. Division 2. Enforcement. Section 21-02-21. General provisions. Failure to comply with any provision of this chapter, or any rule adopted pursuant to this chapter, or with conditions imposed as part of any permit issued pursuant to this chapter, shall constitute a violation of this chapter. Section 21-02-22. Administrative enforcement. (a) If the director determines that any person has violated or is violating any provision of this chapter or department rules, the director shall serve a notice of violation and order upon the parties responsible for the violation, which shall include the following: (l) Date of the notice, (2) Name and address of the person noticed; (3) Section number of the code or rule which has been violated; (4) Date, time, location, and nature of the violation; (5) Deadline to correct the violation; (6) To pay a civil fine not to exceed $1,000 in the manner, place and deadline specified in the order; (7) To pay a civil fine not to exceed $1,000 per day for each day in which the violation persists, in the manner, time, place and deadline specified in the order; (8) Any other consequence as determined by the director, including but not limited to, suspension or revocation of a permit; and (9) The order shall advise the party responsible for the violation that the order shall become final thirty calendar days after the date of its delivery. The order shall also advise that the party responsible maw request a meeting with the director prior to the end of the thirty calendar days and that the director's final written decision may be appealed to the commission within fifteen calendar days from the date of the director's final written decision. (b) Service. Proper service of such notice of violation and order shall be by personal service, registered mail, or certified mail upon the responsible party or parties, provided, that if such notice of violation and order is by registered mail or certified mail, the designated period within which the responsible party or parties is required to comply with the order shall begin as of the date the responsible party or parties in charge receives such notice. 4