HRS §328-28
County lawyers must act on health law violations
When the health department reports a violation of this part, the county or prosecuting attorney must start court proceedings quickly and follow the law. Before a criminal case is started, the accused person gets a chance to explain their side to the health department, in person or in writing, with or without a lawyer.
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The statute, as written — Duties of county attorneys, prosecuting attorney
Each county attorney, or prosecuting attorney to whom the department of health reports any violation of this part, shall cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Before any violation of this part is reported to any such attorney for the institution of a criminal proceeding, the person against whom the proceeding is contemplated shall be given appropriate notice and an opportunity to present the person's views before the department either orally or in writing, in person or by attorney, with regard to such contemplated proceeding.
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