(a) Any person violating this chapter shall be subject to a civil fine not exceeding $500 for each violation.
(b) The department shall enforce this chapter. Any person may request that the department investigate any alleged violation of any part of this chapter, or the department on its own initiative may investigate any alleged violation.
(c) Upon receipt of a written request by a person to investigate an alleged violation of this chapter, or upon its own initiative, the department shall conduct an investigation. If finding that a violation has occurred, the department shall attempt an informal correction of the violation. If the violation cannot be informally corrected or if the person requesting the investigation or the alleged violator requests an agency hearing, the department shall:
(1) Hold an agency hearing in accordance with the contested case procedures of HRS Chapter 91; and
(2) Issue an appropriate decision and order. If finding that a violation has occurred, the department may order the violator to do any or all of the following:
(A) Cease and desist from the violation;
(B) Correct the violation;
(C) Pay to a lessor or lessee any amount due and owing as specified in this chapter. An “amount due and owing” includes excessive lease rent paid by an apartment owner-occupant or insufficient lease rent paid to a lessor; or
(D) Pay the civil fine imposed under subsection (a).
(d) The department may institute a civil action in any court of competent jurisdiction for the enforcement of any decision and order issued pursuant to this section. If finding that a violation has not occurred, whether before or after an agency hearing, the department shall so notify the alleged violator and, if any, the person who requested the investigation. The notification shall be in writing.
(1990 Code, Ch. 39, Art. 1, § 39-1.14) (Added by Ord. 91-96)