Planning Commission Rules, Rule 9

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Commission Rule 4 relating to Contested Case Procedures, where applicable. (c) Decision and Order: The procedures shall be the same as provided under Section 9-11(f) of this rule. (d) A property owner or other person affected by the revocation of a Special Management Area Use Permit ordered by the Commission, may, within thirty days after the date of the Commission's written order, appeal the Commission's action to the Third Circuit Court as provided by Chapter 91 of the HRS. An appeal to the Third Circuit Court shall stay the provisions of the Commission's revocation order pending the final decision of the Third Circuit Court. (e) The Department is authorized to adopt rules to establish procedures for revocation of a Special Management Area Minor Permit. 9-17 Penalties (a) Any person who violates any provision or this rule shall be liable for (1) a civil fine not to exceed$100,000;or(2)for the cost of returning the affected environment or ecology within the Special Management Area to the condition existing before the violation. (b) In addition to any other penalties,any person who is violating any provision of this rule shall be liable for a civil fine not to exceed $10,000 a day for each day in which such violation persists. (c) Any civil fine or other penalty provided under this rule may be imposed by the circuit court or by the Department after an opportunity for a hearing under Chapter 91, HRS. 9-18 Complaint and Investigative Procedures The Department shall adopt rules to establish procedures for investigating complaints and alleged violations. 9-19 Administrative Fines The Department is authorized to impose administrative fines in accordance with established rules. 9-20 Injunction Any person violating any provision of this rule may be enjoined by the circuit court of the State by mandatory or restraining order necessary or proper to 9-23