(a) The department shall notify those persons who have failed to timely provide the information specified in § 486J-3 or requested by the department under § 486J-3. If, within five business days after being notified of the failure to provide the specified or requested information, the person fails to supply the specified or requested information, the person shall be subject to a civil penalty of not less than $50,000 per day nor more than $100,000 per day for each day the submission of information is refused or delayed.
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Terms Used In Hawaii Revised Statutes 486J-9

  • Department: means the department of business, economic development, and tourism. See Hawaii Revised Statutes 486J-1
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, or company. See Hawaii Revised Statutes 486J-1
(b) Any person, or any employee of any person, who wilfully makes any false statement, representation, or certification in any record, report, plan, or other document filed with the department shall be subject to a civil penalty not to exceed $500,000 and shall be deemed to have committed an unfair or deceptive act or practice in the conduct of a trade or commerce and subject to the penalties specified in chapters 480 and 486B.
(c) The department shall refer any matter under subsection (a) or (b) to the attorney general, who may exercise any appropriate legal or equitable remedies that may be available to the State.
(d) For the purposes of this section, “person” means, in addition to the definition contained in § 486J-1, any responsible corporate officer.

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