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 12-51-20 - Failure to correct a violation

(a) If an inspection discloses that an employer has failed to correct an alleged violation for which a citation has been issued within the period permitted for its correction, the director may consult with the attorney general, and the director shall notify the employer, by certified mail or by personal service by a safety and health compliance officer, of the failure and of the additional penalty proposed under chapter 396-10, HRS, by reason of the failure.

(b) Any employer receiving a notification of failure to correct a violation and of the proposed additional penalty may petition the director to review the order pursuant to the rules of the appeals board. The petition must be postmarked or if not mailed, received by the director within twenty calendar days of the receipt by the employer of the notification of failure to correct a violation and of the proposed additional penalty. If not mailed, the date of receipt by the director shall be the date stamped on the contest by the director. Copies of each contest petition shall be posted where they will be readily observable by all affected employees and a copy shall be provided to their designated representative.

(c) Each notification of the failure to correct a violation and of the proposed additional penalty shall state that it 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 the notification, the employer petitions in accordance with section 12-51-19, the director for review of the order in accordance with the law.