Hawaii § 200-14.5 - General administrative penalties.

§ 200-14.5. General administrative penalties.

(a) Except as otherwise provided by law, the board is authorized to set, charge, and collect administrative fines and to recover administrative fees and costs, including attorney's fees and costs, or bring legal action to recover administrative fines and fees and costs, including attorney's fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of this chapter, chapter 200A or 200D, or any rule adopted thereunder. (b) In addition to, or as a condition to the suspension of, any administrative fines and penalties, the board may deprive the offender of the privilege of registering or titling any vessel for use on waters of the State, or mooring any vessel in any state small boat harbor, boating facility, or waters of the State, for a period of not more than twenty-four months. Each day or instance of violation shall constitute a separate offense. (c) For all violations, the administrative fine shall be as follows: (1) For a first violation or a violation beyond five years of a previous violation, a fine of not more than $5,000; (2) For a second violation within five years of a previous violation, a fine of not more than $10,000; and (3) For a third or subsequent violation within five years of the last violation, a fine of not more than $15,000. (d) Any criminal action against a person for any violation of this chapter, chapter 200A or 200D, or any rule adopted thereunder shall not preclude the State from pursuing civil legal action to recover administrative fines, fees and costs, or damages against that person. Any civil legal action to recover administrative fines, fees and costs, or damages for any violation of this chapter, chapter 200A or 200D, or any rule adopted thereunder shall not preclude the State from pursuing any appropriate criminal action against that person. All fines, fees and costs, or damages recovered by the department under this section shall be deposited in the boating special fund. (e) For the purposes of this section, "vessel" and "waters of the State" have the same meaning as those terms are defined in section 200-23. [L 1999, c 41, §1; am L 2024, c 215, §3] Previous Vol03_Ch0121-0200D Next