Section 13-190.1-46 - Entry upon property,(a) The department shall have the right to direct and conduct investigations as it may reasonably deem necessary, to carry out its duties as prescribed by statute. For this purpose, the agents or employees of the department or any authorized representatives may enter at reasonable times, without prior notice, any property, public or private, for the purpose of investigating the condition, construction, or operation of any dam, reservoir, or other artificial barrier dealt with in chapter 179D, HRS. If an emergency situation arises as determined by the department, the agents or employees of the department, or any authorized representatives, shall have the right to enter without prior notice, any property, public or private, for the purpose of investigating the condition, construction, or operation of the dam and to take any emergency remedial actions, without a search warrant or liability for trespaiss.(b) It shall be unlawful for any person to refuse entry or access to any authorized representative of the department who requests entry for purposes of inspection and who presents appropriate credentials. It shall also be unlawful to obstruct, hamper, or interfere with any representative , while in the process of carrying out the representative's official duties.(c) Notwithstanding any other provision of law to the contrary, the board and its agents, engineers, other employees, or authorized representatives, for the purposes of enforcing chapter 179D, HRS, may enter upon any land or water in the State that is the subject of an inspection, investigation, or remedial actions without a search warrant or liability for trespass. Haw. Code R. § 13-190.1-46
[Eff. FEB 20 2012] (Auth: HRS § 179D-6) (Imp: HRS § 1790-22)