§412:2-610  Compromise or modification ofadministrative fines; determining amount of fine; hearing.  (a)  Thecommissioner may compromise, modify, or suspend any administrative fine whichmay be assessed or which has been assessed under this chapter.  Thecommissioner may also exempt violations of informal enforcement actions fromthe administrative fines and penalties set forth in this chapter.

(b)  In determining the amount of anyadministrative fine imposed under this chapter, the commissioner shall takeinto account the appropriateness of the fine with respect to all of thefollowing:

(1)  The size of financial resources and good faith ofthe financial institution or the person charged;

(2)  The gravity of the violation, practice, orbreach;

(3)  The history of previous violations, unsafe orunsound practices, or breaches of fiduciary duty owed to the financialinstitution;

(4)  The extent to which a federal agency has, byimposing a fine for similar conduct, mitigated the need for imposition of aparticular level of administrative fine under this chapter; and

(5)  Such other matters as justice may require.

(c)  The Hawaii financial institution or otherperson against whom any administrative fine is assessed under this chaptershall be afforded a hearing in accordance with chapter 91 if the financialinstitution or person submits a written request for a hearing within twentydays after the service of the notice of assessment. [L 1993, c 350, pt of §1;am L 1998, c 196, §9]