Haw. Code R. § 11-60.1-193

Current through September, 2024
Section 11-60.1-193 - Acceptance or withdrawal of citation,
(a) To accept the director's offer to settle, the person to whom a field citation was issued must, within twenty days of its issuance, correct the violations, sign the settlement agreement, and deliver the signed agreement with payment of the penalty by check or money order to the State of Hawaii. The director, on the director's own initiative, or upon request from the person to whom a field citation was issued, may extend the deadline to accept the offer to settle if the director determines that reasonable justification exists for the extension.
(b) By signing the settlement agreement, the person to whom a field citation was issued agrees to:
(1) waive the person's right to a contested case hearing pursuant to chapter 91, HRS;
(2) waive any challenge to the field citation;
(3) pay the penalty assessed;
(4) correct the violation; and
(5) enter into the settlement agreement.
(c) The settlement agreement is not effective until it is signed by both the person to whom the field citation was issued and by the director. Approval by the director shall be at the director's sole discretion.
(d) The director may withdraw the field citation if the person to whom it is issued:
(1) declines to accept the director's offer to settle;
(2) fails to satisfactorily meet any of the conditions set forth in subsection 11-60.1-193(a); or
(3) fails to satisfactorily meet any of the conditions set forth in subsection 11-60.1-193(b), in which case the director may bring a formal administrative action under HRS, §3425-42 and pursue any remedies available under this chapter, HRS, chapter 342B, or any other law.

Haw. Code R. § 11-60.1-193

[Eff and comp 9/15/01; comp 11/14/03; comp 1/13/12; comp JUN 30 2014] (Auth: HRS § 342B-42)
Am and comp 2/8/2024