[§412:2-609.5]  Imposition of administrativefines on persons who are not Hawaii financial institutions; assessment. (a)  Any person, other than a Hawaii financial institution or aninstitution-affiliated party, who:

(1)  Commits a violation of any law or rule for whicha penalty or fine is not expressly provided in this chapter;

(2)  Commits a violation of any order issued by thecommissioner;

(3)  Commits a violation of any condition imposed inwriting by the commissioner in connection with the grant of any application orother request by the person; or

(4)  Commits a violation of any written agreementbetween the commissioner and the person;

may be ordered by the commissioner to pay anadministrative fine of not more than $100,000 for each day during which theviolation continues.

(b)  Any administrative fine imposed undersubsection (a) may be assessed and collected by the commissioner by service ofwritten notice and order upon that person at the person's last known home oroffice address by means of certified mail, return receipt requested.  If, withrespect to any such assessment, a hearing is not requested pursuant to section412:2-610(c) within the period of time allowed under section 412:2-610(c), theassessment shall constitute a final and unappealable order. [L 1998, c 196, §1]