The COVID Project
The record
- Jurisdiction
- Hawaii (Intermediate Court of Appeals of the State of Hawaii) · Hawaii
- Level
- Court
- Authority
- HRS chapter 127A, §§ 127A-1, 127A-14, 127A-25, 127A-28, 127A-29, 127A-30 (Supp. 2019)
- Issued
- 2022-02-25 Feb. 25, 2022
- Effective
- 2022-02-25
- End
- n/a (decision)
- In force
- Feb. 25, 2022 (no end date recorded; counted as in force for 120 days)
- Limitation types
- Emergency declarationOther
- Addressees
- persons generally; the Governor (scope of authority)
- Character
- adjudication
- Collection
- Standing duties: Hawaii DUT-HI
Operative words
The Emergency Management Act also includes provisions for the enforcement of any rule issued under the Act and punishment including not more than one year of imprisonment and/or a fine of not more than $5,000 for violation of any such rule. See HRS § 127A-28 (Supp. 2019) (regarding injunctions); HRS § 127A-29 (Supp. 2019) (regarding misdemeanor penalties for violations).
Penalty
recognizes HRS § 127A-29 misdemeanor penalties and HRS § 127A-28 injunctions as the enforcement of every rule adopted under the Act
What it required
Hawaii's appellate court held that the Emergency Management Act confers 'comprehensive powers,' that HRS § 127A-14(a) 'authorizes the Governor to declare the existence of a state of emergency whenever, in his or her sole judgment, he or she finds that circumstances giving rise to a declaration of a state of emergency have occurred... regardless of whether a prior emergency proclamation has been issued based on the same, continuing, and/or otherwise related circumstances,' and that the Act's rules are enforced by injunction and by misdemeanor penalties of up to $5,000 and one year; the successive COVID-19 proclamations were therefore lawful exercises of the Act. Character as recorded: adjudication (order_penalty layer).
Retrieval notePins (slip opinion): at 2 (holding); at 11-13 (HRS § 127A-1 policy: 'to provide for and confer comprehensive powers for the purposes stated herein. This chapter shall be liberally construed to effectuate its purposes'); at 18 (enforcement and penalties); at 19 (holding on § 127A-14(a)). The decision post-dates the period and is cited for its statement of the standing law as it stood in Supp. 2019, which is the text in force in every quarter.