§412:2-302  Cease and desist orders; groundsfor issuance.  (a)  Whenever it appears to the commissioner that any personhas engaged or is about to engage in any act or practice constituting aviolation of any:

(1)  Provision of this chapter;

(2)  Rule adopted or order issued under this chapter;or

(3)  Condition of an approval of request orapplication by the commissioner or a written agreement between such person andthe commissioner,

the commissioner may, in the commissioner'sdiscretion, issue a temporary or permanent cease and desist order to enforcecompliance with this chapter, with any rule adopted or order issued under thischapter, or with the conditions of such approval or written agreement.

The commissioner shall have the discretion toinclude in the order an assessment of an administrative penalty against anyperson who violates this chapter or who has knowingly violated a writtenagreement with, or a rule or order of, the commissioner made pursuant to thischapter.

(b)  The commissioner may issue a temporary orpermanent cease and desist order to any Hawaii financial institution, anyinstitution-affiliated party, or any other person that the commissioner findsor has reasonable cause to believe:

(1)  Is violating, has violated, or is about to violatethis chapter or any rules adopted pursuant to this chapter;

(2)  Is violating, has violated, or is about toviolate any written condition imposed or order issued by the commissioner onsuch financial institution's or other person's authority to engage in business,or any condition of a written agreement between the financial institution orother person and the commissioner;

(3)  Is engaging, has engaged, or is about to engagein an illegal, unauthorized, unsafe, or unsound practice; or

(4)  Is failing to maintain books and records that aresufficiently complete and accurate so as to permit the commissioner todetermine the financial condition of the institution named in the order. [L1993, c 350, pt of §1; am L 1998, c 196, §3]