(a) There is established, within the department of transportation, a state harbors civil violations system, whose purpose shall be to process violations of departmental regulations for which administrative penalties have been authorized by law or rules adopted thereunder.
Terms Used In Hawaii Revised Statutes 266-29
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
(b) The department of transportation shall adopt, amend, and repeal rules, subject to chapter 91, for the purposes of this section.(c) Rules adopted pursuant to subsection (b) may include, but are not limited to, the following:
(1) Requirements for notice of state harbors infraction;(2) A form of the answer that shall be made pursuant to a notice of state harbors infraction, which answer may be an admission of the infraction, a denial of the infraction, or an admission of the infraction with mitigating circumstances;(3) The action to be taken after an answer is received or when a person fails to answer the notice of state harbors infraction;(4) Procedures for administrative hearings under this section;(5) The imposition and enforcement of monetary assessments made pursuant to this section; and(6) Means of assuring that the alleged violator who answers the notice of state harbors infraction by an admission of the infraction or an admission of the infraction with mitigating circumstances has knowingly and voluntarily elected to use the state harbors civil violations system and waive the appeal provided for in § 91-14.(d) Notwithstanding any other provision of law to the contrary, all state harbors infractions that the department of transportation identifies as subject to administrative penalties may be adjudicated pursuant to this section.
