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(C) Arbitrary, or capricious, or characterized by an abuse of discretion or clearly <br />unwarranted exercise of discretion. <br />(3) An appeal and a request for a contested case hearing must be received in writing on or <br />before the date the order becomes final. However, an appeal for a contested case <br />hearing shall not stay any provision of the order. <br />(4) A contested case hearing shall have a minimum of one and no more than three hearing <br />officers at the discretion of the director. <br />(d) Judicial Enforcement of Order. The director may institute a civil action in any court of <br />competent jurisdiction for the enforcement of any final order issued pursuant to this <br />section. Where the civil action has been instituted to enforce the civil fine imposed by such <br />final order, the director need only show that the notice of violation and order was served, <br />that a civil fine was imposed, the amount of the civil fine imposed, and that the fine <br />imposed has not been paid. <br />(e) If any section of this article conflicts with chapter 2, article 40 of this code, this article shall <br />take precedence. <br />Section 14. _. Disposal of confiscated genetically modified organisms. <br />Destruction of genetically modified crops or products containing genetically modified <br />organisms shall require composting of the product for a minimum of six to twelve months to <br />destroy the genetically modified organism and its genetically modified component. The time <br />required for composting shall be determined by the director and should be dependent on the type <br />of genetic modification and the time necessary to decompose the component and whether it <br />includes herbicides, pesticides, viruses, etc. Best practices for decomposition by composting of <br />such genetically modified organisms shall be used. <br />Section 14. Penal enforcement. <br />(a) General Provisions. The provisions of this section are in addition to any other applicable <br />remedy or penalty provided by law. <br />(b) The person/owner/leasee of the property shall be responsible for the costs of removal and <br />destruction of any genetically modified organism, and remediation of property found to be <br />in violation of this article. This includes testing to determine if any genetically modified <br />organism or product containing genetically modified organisms exists on the property. <br />(c) In case the parties responsible for violating any provisions of this article fail, neglect, or <br />refuse to comply or correct a violation, the director may submit the matter to the proper <br />authority for penal enforcement. <br />(d) Any person, firm, or corporation violating any provisions of this article shall, upon <br />conviction, be deemed guilty of a petty misdemeanor and each person so convicted shall be <br />deemed guilty of a separate offense for each and every day or portion thereof during which <br />any violation of any provision of this article is committed, continued or permitted; and <br />upon conviction of any such violation, such person shall be punishable by a fine of not <br />more than $1,000, or by imprisonment for not more than thirty days, or by both fine and <br />imprisonment. <br />(e) Any officer or inspector designated by the director or who has been deputized by the chief <br />of police as a special officer for the purpose of enforcing the provisions of this code <br />(hereinafter known as "authorized personnel"), pursuant to section 803-6, Hawaii Revised <br />Statutes, may arrest without warrant alleged violators by issuing a summons or citation in <br />accordance with the procedure specified in this section. Nothing in this section shall be <br />C! <br />