§412:2-307  Removal or prohibition of
institution-affiliated party; procedure; hearing; enforcement.  (a)  The
notice of charges and the proposed order of removal or prohibition shall be in
writing and served upon the institution-affiliated party and the affiliated Hawaii financial institution.  The notice of charges shall state the alleged violations,
wrongful practices, or breaches and a summary of the facts upon which the
allegations are based.  The notice shall be accompanied by a proposed order
stating the commissioner's intention to remove the party from office, or
prohibit the party's affiliation with the financial institution or any other Hawaii financial institution, or both.  The notice of charges shall set forth a time and
place for a hearing to determine whether the removal or prohibition order shall
be issued.



(b)  Within twenty days after service upon the
institution-affiliated party, unless an earlier 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 removal or prohibition
order and the commissioner may issue a permanent removal or prohibition order. 
Any permanent removal or prohibition order issued after a hearing held in
accordance with this subsection shall become effective after service upon the
institution-affiliated party and shall remain effective until modified or
terminated by the commissioner.  Any permanent order of removal or prohibition
issued to an institution-affiliated party shall also be served upon the
affiliated Hawaii financial institution.  Any appeal of a permanent removal or
prohibition order shall be made to the circuit court in accordance with chapter
91.



(c)  On or after the effective date of any
permanent removal or prohibition order, the commissioner may apply for
enforcement of the order to the circuit court. [L 1993, c 350, pt of §1; am L
2006, c 228, §8]



 



Rules of Court



 



  Appeals, see HRCP rule 72.