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



(1)  Provision of this chapter;



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



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



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



The commissioner shall have the discretion to
include in the order an assessment of an administrative penalty against any
person who violates this chapter or who has knowingly violated a written
agreement with, or a rule or order of, the commissioner made pursuant to this
chapter.



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



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



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



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



(4)  Is failing to maintain books and records that are
sufficiently complete and accurate so as to permit the commissioner to
determine the financial condition of the institution named in the order. [L
1993, c 350, pt of §1; am L 1998, c 196, §3]