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



(b)  In determining the amount of any
administrative fine imposed under this chapter, the commissioner shall take
into account the appropriateness of the fine with respect to all of the
following:



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



(2)  The gravity of the violation, practice, or
breach;



(3)  The history of previous violations, unsafe or
unsound practices, or breaches of fiduciary duty owed to the financial
institution;



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



(5)  Such other matters as justice may require.



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