Current through November, 2024
Section 15-150-34 - Issuance of notice of violation and order(a) If the director determines that any person is violating any provision of this chapter or any condition of approval issued pursuant to this chapter, the lead agency may have the person served, by mail or personal delivery, with a notice of violation and order.(b) The notice of violation shall include at least the following information: (2) The name and address of the person noticed;(3) The section of the rules that has been violated;(4) The nature of the violation; and(5) The location and time of the violation.(c) The order shall advise the person that the order is considered final twenty days after the date of its mailing or delivery unless written request for a hearing is mailed or delivered to the lead agency within the twenty days and may require the person to do any or all of the following: (1) Cease and desist from the violation;(2) Correct the violation at the person's own expense before a date specified in the order;(3) Pay a civil fine not to exceed $100,000 in the manner, at the time, place, and before the date specified in the order;(4) Pay a civil fine not to exceed $10,000 for each day in which the violation persists, in the manner and at the time and place specified in the order, if the person has performed any development in violation of this chapter; or(5) Appear before the lead agency at a time and place specified in the order and answer the charges specified in the notice of violation.[Eff 2/25/2000; comp 4/17/2009; am and comp ] (Auth: HRS §§ 91-9, 205A-5, 205A-32, 205A-43.5, 206E-8.5) (Imp: HRS §§ 91-2, 206E-8.5)