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HRS §323D-51

When the state can stop someone from acting without a required certificate

The state can ask a court to order someone to stop working on a project that needs a certificate of need if that person does not have one and is not exempt. The court can act quickly, even without a hearing or bond. If the person ignores the order, they can be punished for contempt of court.

contractorscourtsdevelopersstate agencies

The statute, as written — Injunctive relief

The state agency may, in the name of the people of the State through the attorney general of the State, apply for an injunction in any court of competent jurisdiction to enjoin any person who is not the holder of a certificate of need and who is not exempted from obtaining a certificate of need; and, upon the filing of a verified petition in the court, the court or any judge thereof, if satisfied by affidavit or otherwise, that the person is or has been proceeding with an action covered under section 323D-43 without a certificate of need, may issue a temporary injunction, without notice or bond, enjoining the defendant from further action. A copy of the verified complaint shall be served upon the defendant and the proceedings shall thereafter be conducted as in other civil cases. If it is established that the defendant has been or is proceeding with an action covered under section 323D-43 without a certificate of need, the court or any judge thereof may enter a decree enjoining the defendant from further action. In case of violation of any injunction issued under this section, the court may summarily try and punish the offender for contempt of court. The injunction proceeding shall be in addition to, and not in lieu of, all penalties and other remedies provided in this chapter.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§323D-43 When you need state approval to build or change health care facilities

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.