Current through November, 2024
Section 11-79-27 - Enforcement(a) The department may enforce this chapter on its own initiative.(b) The department may also enforce this chapter based on complaints. Complaints must be submitted in writing and must include: (1) The exact nature of the complaint;(2) The statutory or regulatory requirement(s) that are alleged to have been violated;(3) The professional or ethical principle(s) that are alleged to have been violated;(4) The date(s), time(s), and location(s) of the alleged violation(s);(5) The name(s) and address(es) of individual(s) with knowledge of the alleged violation(s);(6) Any other supporting evidence; and(7) The complainant's name, address, signature, and daytime telephone number.(c) The department shall mail a notice to the complainant, within seven calendar days after receiving the complaint, that the complaint has been received and an investigation will be conducted.(d) The department shall notify the respondent of the results of the investigation, by certified mail and within thirty calendar days after its substantiation of the alleged violation. The notice shall State the action that the department intends to take regarding the respondent's license: Suspension, revocation, imposition of conditions, or imposition of penalties. The action shall become final twenty days after receipt of the notice unless, within those twenty days, the respondent requests in writing a hearing before the director.(e) Upon receiving a request for a hearing, the director shall schedule a hearing under chapter 91, Hawaii Revised Statutes, and the department's rules of practice and procedure. If a hearing officer is appointed, the hearing officer shall serve the proposed decision on the parties within thirty calendar days after the completion of the hearing. The director shall render a decision within sixty calendar days after the completion of the hearing.(f) The advisory committee shall have the opportunity to review findings of complaint investigations and provide recommendations for enforcement action to be taken.[Eff JAN 24 2008] (Auth: HRS § 448B-3) (Imp: HRS § 448B-11)