DLNR Seeking Input on Proposed Civil Violations

Sept. 24, 2008
http://hawaii.gov/dlnr/meetings/notices/crvs
CIVIL RESOURCE VIOLATIONS SYSTEM

Public Hearing Notice
For the Proposed Amendment of Hawaii Administrative Rules
Related to DLNR's Practice and Procedure and to the Civil Resource Violations System

Pursuant to §91-3, Hawaii Revised Statutes, the Department of Land and Natural Resources (DLNR) will hold statewide public hearings for the proposed amendment of Chapter 13-1, Hawaii Administrative Rules (HAR), Rules of Practice and Procedure. This proposed amendment would establish a Civil Resource Violations System to be managed by DLNR and amend certain rules governing the administration of DLNR and proceedings before the Board of Land and Natural Resources.

Civil Resource Violations System: The goal is to provide an administrative law proceeding to process civil resource violations in a just, speedy, and cost-effective manner, much like the traffic violation system where a small fine is enough to help change people’s behavior in the long run. It will allow violators to understand their infraction, comply with the law and avoid a tedious and costly criminal process. This system will not supersede the criminal process, but will complement it and focus on cases of less severity. Many of the cases that fall into this category have traditionally been ignored in resource enforcement. In order to set up this system, the Department has proposed to adopt a set of administrative rules and obtained the Land Board’s approval to hold public informational meetings and hearings. Information including the Board submittal and proposed rules can be found on the Department’s website (www.hawaii.gov/dlnr/).

In conjunction with the public hearings, DLNR will also hold public informational meetings to present and discuss the proposed rules and answer related questions. The public meetings and hearings are scheduled as follows:

Maui:
Thursday, October 2, 2008; Maui Waena Intermediate School, 795 Onehee Avenue, Kahului, Hawaii 96732. Informational meeting starts at 5:30 p.m., hearing at 6:30 p.m.

Kauai:
Tuesday, October 7, 2008; Chiefess Kamakahelei Middle School, 4431 Nuhou Street, Lihue, Hawaii 96766. Informational meeting starts at 5:30 p.m., hearing at 6:30 p.m.

All interested parties are urged to attend one or more of the public hearings to present relevant information and individual opinion for DLNR to consider. Any person unable to attend or wishing to present additional comments may send written testimony by Thursday, October 30, 2008, to DLNR, Administrative Proceedings Office, 1151 Punchbowl Street, Room 130, Honolulu, Hawaii 96813, or to DLNR.CO.APO@hawaii.gov. For more information and the proposed rules, visit http://hawaii.gov/dlnr/announcements/ or contact DLNR at 587-1496.

The current rules and the proposed amendment may be downloaded for review at DLNR’s website (http://hawaii.gov/dlnr/) or be reviewed in person at the afore-mentioned office address during DLNR’s normal business hours. For additional information or a hard copy of the proposed amendment, contact DLNR at the above-mentioned addresses or telephone number.

Timeline of events:
09/24/08 - DLNR Moves Forward To Adopt Rules To Establish Civil Penalties System For Natural Resource Violations
08/31/08 - Statewide public meetings and hearings notice for October 2-30, 2008
08/13/08 - holds Hilo meeting on proposed civil penalty system for natural resource violations
07/03/08 - proposes new rules to create civil penalty system for natural resource violations
Statewide public meetings and hearings notice for July 14 - August 1, 2008
06/13/08 - Land Board Submittal: Rules Amending Title 13 Hawaii Administrative Rules
Sub-Title 1 Administration, Chapter 1 of Title 13, Rules of Practice and Procedure
05/30/08 - Rules Amending Title 13 Hawaii Administrative Rules (Draft)
Sub-Title 1 Administration, Chapter 1 of Title 13, Rules of Practice and Procedure