§150A-44 Summary suspension. Notwithstanding any law to the contrary, the department may cause the immediate suspension of an importer's certificate, subject to subsequent notice and hearing or other adequate procedures, upon the department's determination that there is an impending danger of escape or release of, or contamination from or exposure to microorganisms imported pursuant to certificate so as to present a threat to public health or safety, animal health, agriculture, horticulture, or the environment, or in the event of a medical emergency or agricultural or ecological disaster resulting from escape or release of, or contamination from or exposure to microorganisms imported pursuant to certificate.
The department may order the summary suspension of the certificate for a period not to exceed twenty days. The order of suspension shall be served upon the certified importer at the same time as the notice of hearing for further suspension or revocation and the hearing shall be scheduled prior to the expiration of the order of suspension. The period of suspension prior to the hearing shall not be extended beyond twenty days except upon the request of the importer for a reasonable continuance to adequately prepare the importer's defense. Any attempt by the importer to continue the certified activity while the certificate has been summarily suspended shall of itself be sufficient to warrant a permanent revocation of the certificate and shall subject the importer to all penalties prescribed by this chapter or any rule or order of the department. [L 1999, c 177, pt of §1]
Structure Hawaii Revised Statutes
Title 11. Agriculture and Animals
150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import
150A-4 Effect on department of land and natural resources and the department of health.
150A-4.5 Pest inspection, quarantine, and eradication fund.
150A-5 Conditions of importation.
150A-5.3 Inspection, quarantine, and eradication service fee and charge.
150A-5.4 Failure to pay or remit the inspection, quarantine, and eradication service fee; fines.
150A-5.5 What constitutes importation.
150A-5.6 Exceptions to the right to import.
150A-6 Soil, plants, animals, etc., importation or possession prohibited.
150A-6.3 Microorganism import.
150A-6.4 Permit and other import document issuance; requirements.
150A-6.5 Animals; prohibition against possession, etc.; exception.
150A-6.6 Import lists amendment.
150A-7.6 Processing fees for importation and possession requests.
150A-10 Advisory committee on plants and animals.
150A-11.5 Entry of private property for enforcement.
150A-13 Administration of oath.
150A-15 Failure to obey summons.
150A-21 Certification for shipment.
150A-22 Responsibility for treatment.
150A-23 Nursery stock certificate.
150A-31 Certificate for shipment.
150A-43 Suspension or revocation of certificate.
150A-45 Emergency remediation.
150A-46 Conditions of importation under certification.
150A-51 Biosecurity program; establishment.
150A-52 Objectives of biosecurity program.
150A-53 General actions to achieve objectives.
150A-54 Biosecurity program; charges; costs.
150A-55 Federal and other funds.
150A-56 Schedule of appropriations and expenditures for program.