RELATING TO ADMINISTRATIVE ORDERS.

HB1128

HOUSE OF REPRESENTATIVES

H.B. NO.

1128

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO ADMINISTRATIVE ORDERS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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Section
321-20, Hawaii Revised Statutes, is amended to read as follows:

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"[
[
]
�321-20
[
]
]

Remedies.
Notwithstanding other penalties, the director may enforce
this chapter in either administrative or judicial proceedings:

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(1)
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Administrative.
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If the director determines that any person is
violating any provision of this chapter, any rule adopted thereunder, or any
variance or exemption or waiver issued pursuant thereto, the director may have
that person served with a notice of violation and an order.
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The notice shall specify the alleged
violation.
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The order may require that
the alleged violator do any or all of the following:
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cease and desist from the violation, pay an
administrative penalty not to exceed $1,000 for each day of violation, correct
the violation at the alleged violator's own expense, or appear before the
director at a time and place specified in the order and answer the charges
complained of.
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The order shall become
final twenty days after service unless within those twenty days the alleged
violator requests in writing a hearing before the director.
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Upon such request the director shall specify
a time and place for the alleged violator to appear.
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When the director issues an order for
immediate action to protect the public health from an imminent and substantial
danger, the department shall provide an opportunity for a hearing within
twenty-four hours after service of the order.

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Any hearing before the director shall not stay
any order to cease and desist issued pursuant to this paragraph.

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After a hearing pursuant to this [
subsection,
]

paragraph,
the director may affirm, modify, or rescind the order as
appropriate.
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The director may institute
a civil action in any court of appropriate jurisdiction for the enforcement of
any order issued pursuant to this [
subsection.
]
paragraph.

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Factors

to be considered in imposing the administrative penalty include the nature and
history of the violation and any prior violation and the opportunity,
difficulty, and history of corrective action.
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It is presumed that the violator's economic and financial conditions
allow payment of the penalty and the burden of proof to the contrary is on the
violator.
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In any judicial proceeding to
enforce the administrative penalty imposed pursuant to this chapter, the
director need only show that notice was given, a hearing was held or the time
granted for requesting a hearing had expired without such a request, the
administrative penalty imposed, and that the penalty imposed remains
unsatisfied.

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This
section does not supersede specific administrative penalties provided
elsewhere.

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(2)
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Judicial.
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The director may institute a civil action in any court of appropriate
jurisdiction for injunctive relief to prevent violation of any order issued or
rule adopted pursuant to this chapter, in addition to any other remedy or
penalty provided for under this chapter."

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SECTION 2.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that began before its effective date.

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SECTION 3.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST

Report Title:

Department of Health; Remedies; Administrative Orders;
Administrative Hearings

Description:

Requires any order to cease and desist issued by the
Director of Health that is administratively appealed to remain in effect during
the appeals process.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.