§467B-9.7 - Administrative enforcement and penalties.
§467B-9.7 Administrative enforcement and
penalties. (a) The attorney general may refuse to register or may revoke
or suspend the registration of any charitable organization, professional
fundraising counsel, or professional solicitor whenever the attorney general
finds that a charitable organization, professional fundraising counsel, or
professional solicitor, or an agent, servant, or employee thereof:
(1) Has violated or is operating in violation of this
chapter, the rules of the attorney general, or an order issued by the attorney
general;
(2) Has refused or failed, after notice, to produce
any records of the organization or to disclose any information required to be
disclosed under this chapter or the rules of the attorney general;
(3) Has made a material false statement in an
application, statement, or report required to be filed under this chapter; or
(4) Has failed to file the financial report required
by section 467B-2.5, or filed an incomplete financial report.
(b) When the attorney general finds that the
registration of any person may be refused, suspended, or revoked under the
terms of subsection (a), the attorney general may:
(1) Revoke a grant of exemption from any provisions
of this chapter;
(2) Issue an order directing that the person cease
specified fundraising activities;
(3) Impose an administrative fine not to exceed
$1,000 for each act or omission that constitutes a violation of this chapter
and an additional penalty, not to exceed $100, for each day during which the
violation continues. Registration shall be automatically suspended upon final
affirmation of an administrative fine until the fine is paid or until the
normal expiration date of the registration. No registration shall be renewed
until the fine is paid; or
(4) Place the registrant on probation for any period
of time and subject to any conditions as the attorney general may determine.
(c) Any person aggrieved by an action of the
attorney general under this section may request a hearing to review that action
in accordance with chapter 91 and rules adopted by the attorney general. Any
request for hearing shall be made within ten days after the attorney general
has served the person with notice of the action, which notice shall be deemed
effective upon mailing.
(d) The attorney general may apply to the
circuit court for the first circuit, State of Hawaii, for relief, and the court
may issue a temporary injunction or a permanent injunction to restrain
violations of this chapter, appoint a receiver, order restitution or an
accounting, or grant other relief as may be appropriate to ensure the due
application of charitable funds. Proceedings thereon shall be brought in the
name of the State. [L 2004, c 93, pt of §1; am L 2006, c 168, §4; am L 2008, c
174, §8]