(a) In addition to any other administrative or judicial remedy provided by this chapter or rules adopted under this chapter, the director may impose by order the penalties specified in § 342P-20.
Terms Used In Hawaii Revised Statutes 342P-21
Director: means the director of health or a duly authorized agent, officer, or inspector. See Hawaii Revised Statutes 342P-1
(b) Factors to be considered in imposing an administrative penalty shall include:
(1) The nature and history of the violation and any prior violations;(2) The economic benefit, if any, resulting from the violation;(3) The opportunity, difficulty, and history of corrective action;(4) Good faith efforts to comply; and(5) Any other matters that justice may require.(c) It shall be presumed that the violator’s economic and financial conditions allow payment of the penalty; the burden of proof to the contrary shall be on the violator.(d) In any judicial proceeding to collect the administrative penalty imposed, the director need only show that:
(1) Notice was given;(2) A hearing was held or the time granted for requesting a hearing expired without a request for a hearing;(3) The administrative penalty was imposed; and(4) The penalty remains unpaid.
