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

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

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

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

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

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

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


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