§412:2-312 - Suspension or revocation; procedure; hearing; enforcement.
§412:2-312 Suspension or revocation;
procedure; hearing; enforcement. (a) The notice of charges and the
proposed order of suspension or revocation shall be in writing and served upon
the Hawaii financial institution at its principal office in this State. The
notice of charges shall state the alleged grounds and a summary of the facts
upon which such allegations are based. The notice shall be accompanied by a
proposed order stating the commissioner's intention to suspend or revoke the
institution's charter or license. The notice of charges shall set forth a time
and place for a hearing to determine whether the suspension or revocation order
shall be issued.
(b) Within twenty days after service, unless
an earlier or later date is set by the commissioner upon request of the
affected institution, the commissioner shall hold a hearing in accordance with
chapter 91. If no appearance is made at the scheduled hearing by the party or
the party's authorized representative, the party shall be deemed to have consented
to [the] issuance of the suspension or revocation order and the commissioner
may issue an order of suspension or revocation. Any suspension or revocation
order issued after a hearing held in accordance with this subsection shall
become effective after service upon the affected institution and shall remain
effective until modified or terminated by the commissioner. Any appeal of a
suspension or revocation order shall be made to the circuit court in accordance
with chapter 91.
(c) On or after the effective date of any
suspension or revocation order, the commissioner may apply for enforcement of
the order to the circuit court. [L 1993, c 350, pt of §1]
Rules of Court
Appeals, see HRCP rule 72.