Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 1 - ADMINISTRATION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Subchapter 7 - CIVIL RESOURCE VIOLATIONS SYSTEM › Section 13-1-70 - Administrative sanctions schedule; factors to be considered

Current through June, 2024
(a)
				  For the purposes of providing guidance in the assessment of administrative
				  sanctions and promoting consistency within the department, there shall be
				  adopted by the board an administrative sanctions schedule.
(b) The administrator, divisions, and
				  conservation and resource enforcement officers shall use the administrative
				  sanctions schedule when issuing a notice of civil resource violation.
(c) The board or its delegates shall set a
				  sanction for a civil resource violation after consideration of the
				  administrative sanctions schedule and the following factors:
(1) Value of the natural or cultural resource
				  that is damaged or the subject of a theft, which may be measured by the market
				  value of the resource damaged or taken and any other factor deemed appropriate
				  by the board or its delegates, such as the loss of the resource to its natural
				  habitat and environment and the cost of restoration or replacement;
(2) Damages to the state in its facilities
				  and services, including the present value of any accrued past damages and
				  defined future damages;
(3) Costs
				  for the state to remedy any damages, restore any resources, repair any
				  facilities, replace any assets, or recover any losses;
(4) Costs for the state to enforce against,
				  investigate and monitor the violation and its damages;
(5) Fees and costs for the state to prosecute
				  or process the violation in any legal or administrative proceedings, including
				  attorneys' fees and costs;
(6)
				  Level of damages to the public for whom the state holds a public trust of the
				  resource involved;
(7) Pecuniary
				  gains that have been realized or may be potentially realized by the respondent
				  from an unauthorized commercial activity;
(8) Concurrent civil resource violations when
				  perpetrating the underlying violation;
(9) Concurrent violations of any federal laws
				  or state laws other than those administered by the department;
(10) Level of the respondent's culpable
				  intent as compared to the state's responsibility in proper signage, other
				  actual or constructive notice, enforcement, and promotion of public awareness
				  and education;
(11) Repetition and
				  duration of resource violations of the same or similar type in the respondent's
				  history;
(12) Extent of the
				  respondent's cooperation with authorities and compliance with inquiries,
				  requests, orders, protocols, or warnings that may have been conveyed to the
				  respondent through written or verbal notification from the
				  department;
(13) Voluntary actions
				  taken by the respondent to mitigate or avoid any damages or injuries resulting
				  from or threatened by the violation;
(14) The respondent's capability and
				  resources in providing any redress and restitution;
(15) The respondent's willingness to
				  voluntarily comply with all the sanctions assessed in the notice of civil
				  resource violation for any specific violation; and
(16) Any other factors that may be identified
				  as constructive for the fair assessment of administrative sanctions.