Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION
Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS
Chapter 51 - INSPECTIONS, CITATIONS, AND PROPOSED PENALTIES
Section 12-51-15 - Proposed penalties
Current through August, 2024
(a) After or concurrent with the issuance of a citation, and within a reasonable time after the termination of the inspection, the director shall notify the employer by certified mail or by personal service by the safety and health compliance officer of the proposed penalty under the law. Any notice of proposed penalty shall state that the proposed penalty shall be the final order and not subject to review by any court or agency unless, within twenty calendar days from the date of receipt of notice, the employer files a notice of contest in accordance with section 12-51-19 for review of the order in accordance with the law.
(b) The director shall determine the amount of any proposed penalty, giving due consideration to the appropriateness of the penalty with respect to the size of the business, the gravity of the violation, the good faith of the employer, and the history of previous violations in accordance with the law.
(c) Appropriate penalties may be proposed with respect to an alleged violation even though, after being informed of the alleged violation by the safety and health compliance officer, the employer immediately corrects or initiates steps to correct the alleged violation.
