§183-5 General penalties.

549 words·~2 min read·/hi/chapter-183/183-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except as otherwise provided by law, the board or its authorized representative may:

(1)Set, charge, and collect administrative fines;

(2)Bring legal action to recover administrative fines, fees, and costs, including attorney's fees and costs and costs associated with land or habitat restoration; and

(3)Collect administrative fees and costs pursuant to paragraph (2),

resulting from a violation of this chapter, any rule adopted, or permit issued thereunder.

(b)The administrative fines for violation of this chapter shall be as follows:

(1)For a first violation, or any violation not preceded within a five-year period by a violation of this chapter, a fine of no more than $2,500 per violation;

(2)For a second violation within five years of a previous violation of this chapter, a fine of no more than $5,000 per violation; and

(3)For a third or subsequent violation within five years of the last violation of this chapter, a fine of no more than $10,000 per violation.

(c)In addition, a fine of an amount up to $10,000 or three times the market value at the time and place of the violation, as determined by the board, for each tree or tree product, including koa, whichever is greater, per violation of section 183-17 may be levied for each destroyed, damaged, or harvested tree, or portion thereof, larger than six inches in diameter at ground level, along with any costs associated with restoration or replacement of habitat and damages to public land or natural resources, or any combination thereof.

(d)Any person who violates any rule adopted by the department under this chapter regulating vehicular parking or traffic movement shall have committed a traffic infraction and be adjudicated as set forth in chapter 291D. A person found to have committed a traffic infraction shall be fined no more than:

(1)$100 for a first violation;

(2)$200 for a second violation; and

(3)$500 for a third or subsequent violation.

Except as provided in this subsection, the State shall be precluded from pursuing further civil legal action to recover administrative fines, fees, and costs, including attorney's fees and costs or monetary assessment against the person fined under this subsection.

(e)Any criminal action against a person for any violation of this chapter or any rule adopted thereunder shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines, fees, and costs, including attorney's fees and costs or monetary assessments against that person. Any civil legal action against a person to recover administrative fines, fees, and costs, including attorney's fees and costs or monetary assessments, for any violation of this chapter or any rule adopted thereunder shall not be deemed to preclude the State from pursuing any criminal action against that person.

(f)No person shall be sanctioned pursuant to this section for the exercise of native Hawaiian gathering rights and traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the state constitution.

(g)The department shall submit an annual report outlining the revenues generated by the penalties to the legislature no later than twenty days prior to the convening of each regular session. [L 2006, c 174, §1; am L 2021, c 193, §1]