Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 81 - SMOKING IN WORK PLACES AND PUBLIC PLACES
Section 11-81-5 - Enforcement action

Universal Citation: HI Admin Rules 11-81-5

Current through February, 2024

(a) Any person may register a complaint with the department either orally or in writing. The person shall not be required to provide personal information for the department to investigate and take action, if appropriate.

(b) Any inspector of the department upon observing a violation (including a violation by an individual or by a person who owns, manages, operates, or otherwise controls any establishment regulated by this chapter) shall document the violation and may issue a citation or summons as provided in this chapter and in chapter 328J, HRS.

(c) Upon receiving a complaint or observing a violation, the department shall:

(1) Send a letter to the reported violator informing the violator of the complaint or violation if the department did not issue a citation or summons to the violator; and

(2) Forward a copy of the complaint, violation, summons, or citation to any other applicable licensing or permitting authority such as the county liquor commission when the violation is committed by a person who owns, manages, operates, or otherwise controls any place or facility designated by chapter 328J, HRS.

(d) Any person who violates any provision or requirement of this chapter or of any notice given pursuant thereto shall be subject to the penalties provided for under section 328J-12, HRS.

(e) The department, an appropriate county agency, a county, or any other person aggrieved by the failure of the owner, manager, operator, or other person in control of a place open to the public or a place of employment to comply with chapter 328J, HRS, or these rules may apply for injunctive relief to enforce chapter 328J, HRS, or these rules in any court of competent jurisdiction.

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