Current through August, 2024
(a) The director
may assess all civil penalties provided in this section, giving due respect to
the gravity of the violation, the good faith of the owner, user, consultant,
contractor, or vendor, and the history of previous violations.
(b) Violations.
(1) Any owner, user, consultant, contractor,
vendor, or person who violates chapter
397, HRS, or any safety standards,
rules, and codes adopted pursuant to chapter
91, HRS; or who violates or fails to
comply with any order made pursuant to chapter
397, HRS, or who defaces, displaces,
destroys, damages, or removes without the authority of the department any
safety device, safeguard, notice, order, or warning required by chapter
397, HRS, standards, or codes, shall
be assessed a civil penalty of not more than $10,000 for each violation;
and
(2) Each day a violation
continues shall constitute a separate violation except during an abatement
period.
(c)
Discrepancies and penalties.
(1) Any
conditions found in nonconformance with applicable standards, rules, or codes,
adopted pursuant to chapter
91, HRS, shall be regarded as
discrepancies and the department shall notify the owner, user, consultant,
contractor, vendor, or person by letter, or written order to correct that shall
be mailed, or sent by electronic service. All discrepancies shall be
satisfactorily resolved as soon as possible. ' When, in the opinion of the
department, a discrepancy constitutes a potentially serious or imminent hazard,
it may prohibit the use of the equipment until the condition is abated. Failure
to abate unsafe conditions, or failure to correct discrepancies within the time
prescribed, shall be a violation subject to the civil penalties prescribed in
this section; and
(2) Assessing
penalties.
(A) Consideration shall be given
to the gravity of the violation. For a violation that could not or probably
would not result in serious harm to life or property, the penalty may be
reduced by forty per cent;
(B)
Consideration shall be given to the good faith of the owner, user, consultant,
contractor, or vendor. For immediate correction or for attempts to make
corrections or abate hazards that have been thwarted by conditions beyond the
control of the owner, user, consultant, contractor, or vendor, the penalty may
be reduced by forty per cent; and
(C) Consideration shall be given for the
history of previous violations. For few or no previous violations by the owner,
user, consultant, contractor, or vendor, the penalty may be reduced by twenty
per cent.
(d)
Anyone who knowingly makes a false statement on any document required by
chapter
397, HRS, shall upon conviction, be
punished by a fine of no more than $10,000 or by imprisonment for not more than
six months, or by both. 'Any evidence suggesting that a false statement may
have been made shall be immediately referred to the director, who shall consult
with the attorney general for purposes of initiating appropriat
action.
