Section 12-220-21 - Rights and enforcement(a) Rights. (1) Authorized representatives of the director may enter without delay during regular working hours and at other reasonable times, any place, establishment, or premises where pressure retaining items are located that are subject to chapter 3 97, HRS;(2) The department may question any employer, owner, operator, agent, or employee in investigation, enforcement, and inspection activities covered by this chapter; and(3) Any employee of the State acting within the scope of the employee's office, employment, or authority under chapter 397, HRS, shall not be liable for or made a party to any civil action arising out of administration and enforcement of chapter 397, HRS.(b) Enforcement. (1) Whenever an authorized representative of the director is denied the right of entry to a place to inspect any pressure retaining item subject to inspection by this chapter, the department may apply to the circuit court where the place exists for a search warrant providing on its face that the wilful interference with its lawful execution may be punished as a contempt of court;(2) Whenever the department finds that the construction of, or the operation of any pressure retaining item subject to inspection by this chapter is not safe, or that any practice, means, method, operation, or process employed or used is unsafe; or is not in conformance with the standards and codes adopted pursuant to chapter 91, HRS, the department shall issue an order to render the construction or operation safe in conformance with chapter 397, HRS. The department shall deliver the order to the contractor, owner, or user in writing and may be delivered by mail, electronic mail, or in person. The department may in the order direct that, in a manner and within a time specified, additions, repairs, improvements, or changes and safety devices and safeguards be furnished, provided, and used as are reasonably required to ensure compliance with the purposes and provisions of chapter 397, HRS. The owner, user, or contractor shall obey and observe all orders issued by the department or be subject to civil penalties pursuant to section 12-220-22;(3) Whenever, in the opinion of the department, the condition of, or the operation of a pressure retaining item subject to inspection by chapter 397, HRS, or any practice, means, method, operation, or process employed is unsafe, or is not properly guarded, or is dangerously placed, use of the pressure retaining item may be prohibited by the department. An order to that effect shall be posted prominently on the equipment, or near the place or condition referred to in the order. The order shall be removed when a determination has been made by an authorized representative of the department that the pressure retaining item is safe and the required safeguard or safety devices are provided;(4) Pursuant to section 397-4(d)(4), HRS, the department may apply for a restraining order from a circuit court to effect enforcement;(5) Pursuant to section 397-4(d)(5), HRS, the director, or an authorized representative, shall have the same powers possessed by the court respecting administering of oaths, compelling attendance of witnesses, producing documentary evidence, and examining witnesses or causing them to be examined, and may take depositions and certify to official acts;(6) Where a condition or practice involving any pressure retaining item subject to inspection by chapter 397, HRS, could reasonably be expected to cause death or serious physical harm, the department shall have the right, independent of any other enforcement powers under this chapter, to: (A) Immediately take steps to obtain abatement by informing the owners, users, contractors, and all persons in harm's way of the hazard by meeting, posted notice, or otherwise;(B) Take steps to immediately obtain abatement through direct control or elimination of the hazard if, after reasonable search, the user, owner, contractor, or their representative is not available;(C) Take steps to obtain immediate abatement when the nature and imminence of the danger or hazard does not permit a search for the owner, user, or contractor; and(D) Where appropriate, initiate necessary legal proceedings to require abatement by the owner, user, or contractor; and(7) The department may prosecute, defend, and maintain actions in the name of the department for the enforcement of the provisions of chapter 397, HRS, including the enforcement of any order issued by it, the appeal of an administrative or court decision, and other actions necessary to enforce chapter 397, HRS.[Eff 7/6/98] (Auth: HRS § 397-4) (Imp: HRS §§ 397-4, 397-6, 397-8)