Current through September, 2024
Section 3-131-8 - Administrative fine(a) A chief procurement officer may assess an administrative fine in the following amounts: (1) An amount not to exceed $5,000 for each violation involving a procurement which amount is in excess of the dollar levels specified by section 103D- 305, HRS;(2) An amount not to exceed $1,000 for each violation involving a procurement which amount is less than the dollar levels specified by section 103D-305, HRS.(b) Prior to the imposition of an administrative fine, the chief procurement officer shall notify the person in writing that the chief procurement officer intends to assess an administrative fine. The person then shall be given an opportunity to be heard by the chief procurement officer. A request for a meeting shall be made within seven calendar days after the receipt of the chief procurement officer's letter. After the meeting, if any, should the chief procurement officer determine that the imposition of an administrative fine is appropriate, the person may request the review of the assessment through an administrative review of the chief procurement officer's decision pursuant to section 103D-709, HRS. The request shall be made within seven calendar days pursuant to section 3-125-42, after the receipt of the chief procurement officer's decision.(c) The payment of the administrative fine shall be the responsibility of the person, and if the person is a government employee, shall not be paid with government funds.(d) The chief procurement officer shall report annually to the state procurement office any administrative fines assessed. The report shall include but not be limited to the following information: the name of the person, the amount fine, and the reason for the fine.[Eff and comp AUG 24 2009 ] (Auth: HRS § 103D-202) (Imp: HRS § 103D-106)