Current through November, 2024
Section 16-608-23 - Civil citation - default(a) Failure of the respondent to appear: (1) On the date and at the time and place designated in the citation for a preliminary appearance, pursuant to section 16-608-21(d); or(2) On the date and at the time and place designated by the commission for a chapter 91, HRS, hearing; constitutes a default.(b) In the event of a default pursuant to subsection (a), the commission may assume that the facts alleged in the citation are true, and, if the facts establish a violation, the commission:(1) Will issue a final order and pursue enforcement of the final order, pursuant to section 16-608-24; and(2) May impose the maximum amount of penalties and assessments allowed under the regulatory law.(c) Failure of the respondent to make payment of the civil penalty, referred to in section 16-608-21(d)(2) or 16-608-21(f)(1), following the expiration of the second bill for collection period, constitutes a default, and the commission: (1) May impose the maximum amount of penalties and assessments authorized under the regulatory law; and(2) Will pursue enforcement of the final order, pursuant to section 16-608-24.[Eff 1/1/2019] (Auth: HRS §§ 91-2, 269-6, 269-15, 271-9, 271-27, 271G-7, 271G-19) (Imp: HRS §§ 269-6, 269-7.5, 269-15, 269-20, 269-28, 271-8, 271-9, 271-12, 271-13, 271-27, 271-31, 271G-7, 271G-10, 271G-19, 271G-23)