§437B-12 - Enforcement. - Hawaii Statutes

     §437B-12  Enforcement.  (a)  In addition to any other actions authorized by law, in accordance with chapter 91, the board may fine, suspend, revoke, or refuse to renew the license of a motor vehicle repair dealer or mechanic for any violation of this chapter or rules adopted pursuant thereto.  The board may also order restitution as provided in subsection (c).

     (b)  Any fine that is imposed shall be not less than $100 nor more than $2,500 for each violation.

     (c)  In lieu of or in addition to the fine imposed under this section, the board may require the motor vehicle repair dealer or mechanic to make restitution to the customer.  Restitution may be imposed in lieu of a fine even though the amount may exceed the maximum fine set forth in subsection (b).

     (d)  If a motor vehicle repair dealer operates more than one motor vehicle repair facility in this State, the board pursuant to subsection (a) may only revoke, suspend, or refuse to renew the license of the specific motor vehicle repair facility that has violated this chapter.  The violation, or the action by the board, shall not affect in any manner the right of the motor vehicle repair dealer to operate the dealer's other motor vehicle repair facilities; provided that the board may suspend, revoke, or refuse to renew the license for all motor vehicle repair facilities operated in this State by a motor vehicle repair dealer upon a finding that the motor vehicle repair dealer has, or is, engaged in a course of repeated and wilful violations of this chapter, or rules adopted pursuant thereto.

     (e)  Each:

     (1)  Mobile air conditioner serviced without using refrigerant recovery and recycling equipment;

     (2)  Motor vehicle or mobile air conditioner serviced after January 1, 1994, without successful completion of an appropriate training course dealing with the recovery and recycling of CFC and HCFC refrigerants; and

     (3)  Violation of chapter 342C; constitutes a separate offense for which fines may be imposed under subsection (b). [L 1975, c 143, pt of §2; gen ch 1985; am L 1989, c 77, §8; am L 1990, c 316, §6; am L 1992, c 23, §1, c 202, §34, and c 264, §7; am L 1998, c 198, §8]