§412:2-303  Permanent cease and desistorders; procedure; hearing; enforcement.  (a)  The notice of charges andproposed permanent cease and desist order shall be in writing and shall beserved upon the institution-affiliated party or the Hawaii financialinstitution at its principal office in this State and upon any other affectedparty wherever that person can be located and served by the commissioner.  Thenotice of charges shall state the alleged violations or wrongful practices anda summary of the facts in support of such allegations.  The notice shall beaccompanied by a proposed order which states the commissioner's intent torequire discontinuance of such violation or practice and the immediatecompliance with all requirements of any applicable agreement, conditions ofapproval, order, or law.  The proposed order may also direct such affirmativeaction as may be necessary to prevent insolvency or to correct the allegedviolation or wrongful practice.  The notice of charges shall set forth a time andplace for a hearing to determine whether the proposed order shall be issued.

(b)  Within twenty days after service of anotice of charges, unless an earlier date or later date is set by thecommissioner upon request of the affected party, the commissioner shall hold ahearing in accordance with chapter 91.  If no appearance is made at thescheduled hearing by the party or its duly authorized representative, the partyshall be deemed to have consented to the issuance of the cease and desist orderand the commissioner may issue a permanent cease and desist order.  Any ceaseand desist order issued after a hearing held in accordance with this subsectionshall become effective after service upon the affected party and shall remaineffective until modified or terminated by the commissioner.  Any appeal of apermanent cease and desist order shall be made to the circuit court inaccordance with chapter 91.

(c)  On or after the effective date of anypermanent cease and desist order, the commissioner may apply for enforcement ofthe order to the circuit court.  Such application may also contain a petitionfor such other relief or remedies as may be appropriate in the circumstances. The application shall be given precedence over other cases pending in court,and shall in every way be expedited. [L 1993, c 350, pt of §1; am L 1998, c196, §4]

 

Rules of Court

 

  Appeals, see HRCP rule 72.