[§261C-17] Unlawful actions; penalties. (a) Any person knowingly and wilfully violating any provision of this chapter, or violating any certificate for which a penalty is not otherwise herein provided, shall be fined not less than $500 nor more than $2,000 for the first offense, and not less than $1,000 nor more than $10,000 for any subsequent offense. Each day of the violation shall constitute a separate offense.

(b) Any person, whether carrier, shipper, or consignee, or any officer, employee, agent, or representative thereof, who knowingly offers, grants, or gives, or solicits, accepts, or receives any rebate, concession, or discrimination in violation of any provision of this chapter, or who by means of any false statement or representation or by the use of any false or fictitious bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, deposition, lease, or bill of sale, or by any other means or device, knowingly and wilfully assists, suffers, or permits any person or persons, natural or artificial, to obtain transportation of persons or property subject to this chapter for less than the applicable rate, fare, or charge, or who knowingly and wilfully by any such means or otherwise fraudulently seeks to evade or defeat regulations in this chapter provided for Hawaii air carriers, shall be fined not less than $100 nor more than $5,000 for each offense.

(c) Any person who knowingly and wilfully divulges any fact or information which may come to the person's knowledge during the course of any examination or inspection made under authority of this chapter, except as the person may be directed by the commission or by a court or judge of competent jurisdiction, shall be guilty of a misdemeanor, and shall be subject to a fine of not more than $1,000 or imprisonment for not exceeding one year, or both.

(d) Any Hawaii air carrier or related company, or any officer, agent, employee, or representative thereof, who shall knowingly and wilfully fail or refuse to comply with any provision of this chapter, or any rule, regulation, filed tariff, or requirement or order thereunder, shall pay a civil penalty to the State in the sum of not less than $100, nor more than $5,000 for each offense, and, in the case of continuing violation, a penalty not to exceed $1,000 for each additional day during which the failure or refusal continues. A penalty shall become due and payable when the person incurring it receives a notice in writing from the air carrier commission, reasonably describing the violation and advising that the penalty is due. Penalties assessed against a related company may at the discretion of the air carrier commission be collected from the related Hawaii air carrier.

(e) The commission may compromise any fine or civil penalty taking into consideration, among other factors, the impact on consumers and remedial measures to be taken. [L 1993, c 332, pt of §2]