§431:2-203  Enforcement.  (a)  The
commissioner may prosecute an action in any court of competent jurisdiction to
enforce any order or fine made by the commissioner pursuant to any provision of
this code.



 (b)(1)  A person who intentionally or knowingly violates,
intentionally or knowingly permits any person over whom the person has
authority to violate, or intentionally or knowingly aids any person in
violating any insurance rule or statute of this State or any effective order
issued by the commissioner, shall be subject to any penalty or fine as provided
by this code or by the penal code of the Hawaii Revised Statutes.



(2)  If the commissioner has cause to believe that any
person has violated any penal provision of this code or of other laws relating
to insurance, the commissioner shall proceed against that person or certify the
facts of the violation to the public prosecutor of the jurisdiction in which
the offense was committed.



(3)  Violation of any provision of this code is
punishable by a fine of not less than $100 nor more than $10,000 per violation,
or by imprisonment for not more than one year, or both, in addition to any
other penalty or forfeiture provided herein or otherwise by law.



(4)  The terms "intentionally" and
"knowingly" shall have the same meanings as defined in section
702-206(1) and (2).



(c)  If any licensee doing business in this
State, persistently or substantially violates this code or an order of the
commissioner, and there are grounds for delinquency proceedings against such
licensee, or the licensee's methods and practices in the conduct of the
licensee's business endanger, or the licensee's financial resources are
inadequate to safeguard, the legitimate interest of the licensee's customers or
the public, the commissioner may, after a hearing, in whole or in part,
suspend, place on probation, limit, or refuse to renew the license or
certificate of authority pursuant to section 431:3-217 to section 431:3-221.



(d)  If the commissioner has cause to believe
that any person is violating or is about to violate any provision of this code
or any order of the commissioner, the commissioner may issue a cease and desist
order to enforce compliance with this code or any order of the commissioner, or
bring an action in any court of competent jurisdiction to enjoin the person
from continuing the violation or doing any act in furtherance thereof.  The
commissioner shall have the discretion to include in a cease and desist order
or request in an action brought in any court an assessment of a monetary
penalty against any person who violates this code or who has violated an order
of the commissioner.



(e)  If, upon examination or at any other time,
the commissioner has reasonable cause to believe that any domestic insurer
requires supervision because it is in such condition as to render the
continuance of its business hazardous to the public or to holders of its
policies or certificates of insurance, or if the domestic insurer gave its
consent, then the commissioner may summarily proceed pursuant to section
431:15-201.



(f)  The attorney general, corporation
counsels, and county prosecuting attorneys, on behalf of the commissioner,
shall bring an action in forfeiture against an insurer who violates any order
or notice of such order issued by the commissioner.  The notice shall be given
to the insurer of the commissioner's intention to proceed under such order
against the person who does not comply with the order issued.  The order may
contain this notice of intention to seek a forfeiture if the order is disobeyed. 
The forfeiture shall be in an amount that the court considers just, but may not
exceed an amount of $10,000 for each day that the violation continues after the
commencement of the action until judgment is rendered.  No forfeiture may be
imposed under this subsection if at the time the forfeiture action is
commenced, the insurer was in compliance with the order, or if the violation of
the order occurred during the order suspension period.  If, after a judgment is
rendered, the insurer still does not comply with the order, the commissioner
may commence a new action of forfeiture, and may continue commencing actions in
forfeiture until the insurer complies.  All proceeds from actions of forfeiture
shall be paid to the director of finance and paid into the compliance
resolution fund.



(g)  A monetary penalty may be imposed in
addition to any applicable suspension, revocation, or denial of a license or
certificate of authority. [L 1987, c 347, pt of §2; am L 1995, c 232, §6; am L
1999, c 163, §15(1) and c 246, §2; am L 2000, c 4, §6; am L 2002, c 39, §4; am
L 2009, c 149, §3]