Section 11-453-38 - Inspection procedures(a) Officials of the department are authorized to enter during normal operating hours any facility or other area of a facility; to inspect and investigate during normal operating hours within reasonable limits and in a reasonable manner, any such facility; and to review records which are directly related to the purpose of the inspection.(b) Officials of the department may perform unannounced inspections at a facility or provide notice to the owner or operator of a facility prior to performing the inspection.(c) Upon a refusal to permit officials of the department, in exercise of his or her official duties, to enter a facility during normal business hours, to inspect, to review records, or to question any owner operator, or employee of the facility, the department shall take appropriate action, including compulsory process, if necessary. The term compulsory process shall mean the institution of any appropriate action, including ex parte application for an inspection warrant or its equivalent.(d) Any permission by an owner or operator to enter, insect, review records, or question any person, shall not imply or be conditioned upon a waiver of any cause of action, civil administrative order, or penalty under chapter 128E, HRS.(e) Officials of the department shall have authority to take or obtain photographs and copies of documents related to the purpose of the inspection.(f) Officials of the department shall have the authority to privately question an owner, operator, or employee of a facility concerning matters regarding the Hawaii Emergency Planning and Community Right-to-Know Act to the extent they deem necessary for the conduct of an effective and thorough inspection.[Eff NOV 05 2010] (Auth: HRS §§ 128E-2, 128E-12) (Imp: HRS §§ 128E-2, 128E-12)