§412:2-303  Permanent cease and desist
orders; procedure; hearing; enforcement.  (a)  The notice of charges and
proposed permanent cease and desist order shall be in writing and shall be
served upon the institution-affiliated party or the Hawaii financial
institution at its principal office in this State and upon any other affected
party wherever that person can be located and served by the commissioner.  The
notice of charges shall state the alleged violations or wrongful practices and
a summary of the facts in support of such allegations.  The notice shall be
accompanied by a proposed order which states the commissioner's intent to
require discontinuance of such violation or practice and the immediate
compliance with all requirements of any applicable agreement, conditions of
approval, order, or law.  The proposed order may also direct such affirmative
action as may be necessary to prevent insolvency or to correct the alleged
violation or wrongful practice.  The notice of charges shall set forth a time and
place for a hearing to determine whether the proposed order shall be issued.



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



(c)  On or after the effective date of any
permanent cease and desist order, the commissioner may apply for enforcement of
the order to the circuit court.  Such application may also contain a petition
for 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, c
196, §4]



 



Rules of Court



 



  Appeals, see HRCP rule 72.