HRS §342P-6
Emergency powers and procedures for asbestos or lead hazards
This section lets the governor or the director act quickly, without a public hearing first, when asbestos or lead hazards create an immediate public health danger. They can order the responsible person to reduce or stop the problem and take other needed actions. A hearing must be held within 24 hours, and this does not limit other emergency powers.
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The statute, as written — Emergency powers; procedures
(a) Notwithstanding any other law to the contrary, if the governor or the director determines that an imminent peril to the public health and safety is or will be caused by an emission of asbestos or the presence of lead hazards that requires immediate action, the governor or the director, without a public hearing, may order any person causing or contributing to the emission or lead hazards to immediately reduce or stop the emission or creating the lead hazard, and may take any and all other actions as may be necessary. The order shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the director. (b) Nothing in this section shall be construed to limit any power that the governor or any other officer may have to declare an emergency or to act on the basis of such a declaration, if the power is conferred by statute or constitutional provision or inheres in the office.
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