2019 Hawaii Revised Statutes
TITLE 19. HEALTH
329B. Substance Abuse Testing
329B-7 Remedies.

Universal Citation: HI Rev Stat § 329B-7 (2019)

§329B-7 Remedies. [(a)] Any person, agency, or entity that wilfully and knowingly violates any provision of this chapter shall be fined not less than $1,000 but not more than $10,000 for each violation as set by the department, plus reasonable court costs and attorney's fees as determined by the court, which penalty and costs shall be paid to the aggrieved person. This subsection shall not be construed as limiting the right of any person or persons to recover actual damages.

(b) In addition to any other enforcement mechanism allowed by law, any person, agency, or entity that commits, or proposes to commit, any act in violation of this chapter may be enjoined therefrom by a court of competent jurisdiction. An action for injunctive relief under this subsection may be brought by any aggrieved person that will fairly and adequately represent the interests of the protected class. [L 1990, c 236, pt of §1]

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