Laserfiche WebLink
Section 14-_. Notice of violation. <br />(a) Whenever the director determines that there exists a violation of any provision of this article, the <br />director shall serve a notice of violation upon the parties responsible for the violation, which may <br />include, but shall not be limited to the owner and any lessee of the property where the violation <br />is located, to make the location where the cultivation, development, or use of genetically <br />modified organisms is occurring compliant with this article. Such notice of violation shall <br />include: <br />(1) The date of the notice; <br />(2) The name and address of the person noticed, and the location of the violation; <br />(3) The section number of the ordinance, code or rule which has been violated; <br />(4) The nature of the violation; and <br />(5) The deadline for compliance with the notice. <br />(b) Proper service of such notice shall be by personal service, registered mail, or certified mail <br />upon the owner of record, provided, that if such notice is by registered mail or certified mail, <br />the designated period within which the owner or person in charge is required to comply with <br />the order of the director shall begin as of the date the owner or person in charge receives <br />such notice. <br />Section 14- . Administrative enforcement. <br />(a) If the director determines that any person, firm or corporation is not complying with a <br />notice of violation, the director may have the party responsible for the violation served, by <br />mail or delivery, with an order pursuant to this section. <br />(b) Contents of the order. <br />(1) The order may require the parties responsible for the violation, including but not <br />limited to the owner/lessee of the property where the violation is located, to do any or <br />all of the following: <br />(A) Correct the violation within the time specified in the order; <br />(B) Pay a civil fine not to exceed $1,000 in the manner, at the place, and before the <br />date specified in the order; <br />(C) Pay a civil fine not to exceed $1,000 per day for each day in which the violation <br />persists, in the manner and at the time and place specified in the order. <br />(2) The order shall advise the party responsible for the violation that the order shall <br />become final thirty calendar days after the date of its delivery. The order shall also <br />advise that the director's action may be appealed through a contested case hearing <br />process. <br />(c) Effect of Order; Right to Appeal. The provisions of the order issued by the director under <br />this section shall become final thirty calendar days after the date of the delivery of the order. <br />The party responsible for the violation may appeal the order and request a contested case <br />hearing under Chapter 91 of the Hawaii Revised Statues. <br />(1) The director shall establish administrative rules that shall include a contested case <br />hearing process for an appeal by any aggrieved person. <br />(2) The environmental management commission shall conduct the contested case hearing, <br />and shall thereby affirm the decision of the director, or it may reverse or modify the <br />decision if the decision is: <br />(A) In violation of this article or other applicable law; <br />(B) Clearly erroneous in view of the reliable, probative, and substantial evidence on <br />the whole record; or <br />3 <br />