§412:2-307  Removal or prohibition ofinstitution-affiliated party; procedure; hearing; enforcement.  (a)  Thenotice of charges and the proposed order of removal or prohibition shall be inwriting 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 theallegations are based.  The notice shall be accompanied by a proposed orderstating the commissioner's intention to remove the party from office, orprohibit 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 andplace for a hearing to determine whether the removal or prohibition order shallbe issued.

(b)  Within twenty days after service upon theinstitution-affiliated party, unless an earlier 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 removal or prohibitionorder and the commissioner may issue a permanent removal or prohibition order. Any permanent removal or prohibition order issued after a hearing held inaccordance with this subsection shall become effective after service upon theinstitution-affiliated party and shall remain effective until modified orterminated by the commissioner.  Any permanent order of removal or prohibitionissued to an institution-affiliated party shall also be served upon theaffiliated Hawaii financial institution.  Any appeal of a permanent removal orprohibition order shall be made to the circuit court in accordance with chapter91.

(c)  On or after the effective date of anypermanent removal or prohibition order, the commissioner may apply forenforcement of the order to the circuit court. [L 1993, c 350, pt of §1; am L2006, c 228, §8]

 

Rules of Court

 

  Appeals, see HRCP rule 72.