For the purpose of assessing administrative fines and other sanctions on a civil resource violation, a prior criminal or administrative citation shall not subject the same person to being determined as a repeat violator unless a final judgment or administrative decision on the prior citation has been entered by a judge, the board, the chairperson or a hearing officer with a finding and conclusion of a violation of a state law administered by the department.
Haw. Code R. § 13-1-71