One of the significant impacts of HB 1128 is the enhancement of the Department of Health's authority in managing health-related violations. By allowing cease and desist orders to remain effective during appeals, the bill aims to prevent ongoing violations that could jeopardize public health. This change is expected to streamline enforcement actions, making it easier for the Department to uphold health regulations without the risk of violators evading compliance during appeal periods.
Summary
House Bill 1128 aims to amend Section 321-20 of the Hawaii Revised Statutes regarding administrative procedures for enforcement by the Department of Health. The bill facilitates the enforcement of administrative orders by ensuring that any order to cease and desist issued by the Director of Health remains in effect during the appeals process. This measure is intended to protect public health from violations while administrative appeals are underway, thereby addressing potential delays that may arise from the appeal process.
Contention
Despite its intent, the bill may raise concerns regarding the rights of individuals and entities subjected to enforcement actions. Critics might argue that maintaining the effectiveness of cease and desist orders during an appeals process could infringe on due process rights, as it may impose penalties before a definitive ruling has been made. Additionally, discussions may arise about the balance between public health enforcement and the rights of individuals to contest actions they perceive as unjust or incorrect.