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(c) Any violation of this article that occurs after the issuance of a written warning Commented(KW2a] Sub part(a)above states that the to a food vendor is subject to civil and administrative enforcement,punishable director shall issue a...."written notice to the food vendor by a civil fine established in this article. Any citation issued for a violation of that a violation has occurred..." this article shall give notice of the right to request an administrative hearing to Sub part(c)refers to a"written warning"having been given. challenge the validity of the citation and the time for requesting that hearing Clarification is required.Does(a)require a warning first? - as provided in section 2-ofthis Code. Commented[KW25]:Note:DEM must generate the violation notice containing these specific notices. Section 20" • Fines. Commented[KW26]:•Keyra Wong(CC): (a) A fine may be imposed upon findings made by the director that any food •Under subsection(c),it states that a challenge to the vendor has used polystyrene-based disposable food service ware in violation validity of a citation and time for requesting the hearing is provided in"section 2-204 of this Code." Because of this article. "Code"is capitalized and is a reference,a definition for "Code"(as Hawai`i County Code)may be appropriate. (b) Amount of fine. Upon findings made under this article,the food vendor shall be subject to an administrative fine for each separate violation as follows: I Commented[KW27]:Again,the status of"hard (1) A fine of$10 for a first violation; Polystyrene"must be addressed. (2) A fine of$50 for a second violation;and Commented[KW28]:Note:Dem will have to establish (3) A fine not exceeding$200 for the third and any subsequent violations. the standards to assess a variable fine."Up to..."requires standards. (c) Food vendors who violate this article in connection with commercial or non- Commented[KW29]:Special events has no definition. Does this mean a private party?A Holiday celebration?A commercial Special events Shall be assessed fines for each special event as Il Wedding? follows: - Commented[KW30]:•Keyra Wong(CC): (1) A fine of$10 for a first violation; *Under subsection(c),it states that food vendors who (2) A fine of$50 for a second violation;and violate this article in connection with commercial or non- (3) For athird and any subsequent violation: commercial special events shall be assessed fines for (A) A fine not to exceed$100 for an event of one to 200 persons; each special event. Clarification is necessary for what "special events"means. Does it mean a food vendor who (B) A fine not to exceed$200 for an event of 201 to 400 persons; must have applied for a special events permit issued by (C) A fine not to exceed$400 for an event of 401 to 600 persons;and the County? Perhaps a definition for"special events" (D) A fme not to exceed$600 for an event of 600 or more persons. would be helpful. (d) Fine procedures. Notice of the fine shall be served on the food vendor. The Commented[KW31]:• (CC): notice shall contain an advisement of the right to request a hearing before the Keys Wong ski subsection (d),it states that a hearing before the director contesting the imposition of the fine. The grounds for the contest director must be requested in thirty days of the date shall be that the food vendor did not use polystyrene foam-based disposable appearing on the notice of the fine. However,Hawaii food service ware when providing prepared food. Said hearing must be County code§2-204(c)states that"Any order issued under this chapter shall become final,unless not later requested within thirty days of the date appearing on the notice of the fine. than twenty days after the notice of order is served,the The hearing shall be held within thirty days of receipt of the request for the person or persons named therein request in writing a hearing.The decision of the director shall be based upon a finding that the hearing before the director." For consistency with Hawai`i County Code§2-204(c),it is recommended that above listed grounds for a contest have been met or not met and shall be a a person must request a hearing twenty(20)days of the final administrative order. date appearing on the notice of the fine. (e) Failure to pay fine. Fines not paid within thirty days from the date appearing Commented[KW32]:Examine EMC review-possible on the notice of the fme or of the notice of determination of the director after conflict.If the Directors determination is a"final Adthe hearing,shall be referred to a collection agency. play? strative order"where does a review by EMC come to play. (c)below: ...[6] Commented[KW33]:•Keyra Wong (CC): *Under subsection(e),perhaps for consistency with§2- 204,it would be easier to state that the fine procedures under this article shall be consistent with Hawai`i County Code§2-204(e),which reads,"If the amount of an(...[7] 10