Haw. Code R. § 13-1-62

Current through September, 2024

Section 13-1-62 - Notice of civil resource violation; contents

A notice of civil resource violation shall include, at a minimum, the following:

(1) The respondent's name and current address if available;

(2) A statement that the notice is being issued pursuant to chapter 199D, HRS.

(3) A citation of the specific resource violation, including a brief statement of the facts for which the notice is issued and a citation to the law that has been violated;

(4) An assessment of all the administrative sanctions upon the respondent and the governing legal authorities;

(5) A statement of the options provided in section 13-1-64 herein for answering the notice and the procedures necessary to exercise the options;

(6) A summons to the respondent to answer the notice within twenty-one days of the service of the notice;

(7) Name and signature of the officer or official who issues the notice;

(8) Date of the issuance of the notice;

(9) A statement that all citations made and sanctions assessed by the department in the notice are final unless contested by the respondent within twenty-one days of service of the violation notice;

(10) A statement that failure to timely answer the violation notice and comply with all sanctions assessed by the department may result in the entry of a default decision for the department and additional penalty as specified in the violation notice for the past due compliance;

(11) A statement that a request for mitigation without contesting the notice shall be examined and decided by a hearing officer without holding any hearing, and that the hearing officer's decision shall be final and shall not be subject to any administrative or judicial review thereafter;

(12) A statement that any administrative action against the respondent for any civil resource violation shall not preclude the state from pursuing a separate criminal prosecution in a court of law for an offense committed in the same course of conduct; and

(13) A space for the respondent's statement and signature.

Haw. Code R. § 13-1-62

[Eff and comp 2/27/09] (Auth: HRS § 199D-1) (Imp: HRS § 199D-1)