§485A-604 - Administrative enforcement. - Hawaii Statutes

     [§485A-604]  Administrative enforcement.  (a)  If the commissioner determines that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter or that a person has materially aided, is materially aiding, or is about to materially aid an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter, the commissioner may:

     (1)  Issue an order directing the person to cease and desist from engaging in the act, practice, or course of business or to take other action necessary or appropriate to comply with this chapter;

     (2)  Issue an order denying, suspending, revoking, or conditioning the exemptions for a broker-dealer under section 485A-401(b)(1)(D) or (F), or for an investment adviser under section 485A-403(b)(1)(C); or

     (3)  Issue an order under section 485A-204.

     (b)  An order under subsection (a) shall be effective on the date of issuance.  Upon issuance of the order, the commissioner shall promptly serve each person subject to the order with a copy of the order.  The order shall include a statement of any civil penalty or costs of investigation the commissioner will seek, a statement of the reasons for the order, and notice that, within fifteen days after receipt of a request in a record from the person, the matter shall be scheduled for a hearing in accordance with chapter 91.  The order may include rescission, restitution, or disgorgement directed to a person that has engaged in an act, practice, or course of business constituting a violation of this chapter or the predecessor act or a rule adopted or order issued under this chapter or the predecessor act.  If a person subject to the order does not request a hearing and none is ordered by the commissioner within thirty days after the date of service of the order, the order, including the imposition of a civil penalty or requirement for payment of the costs of investigation sought in a statement in the order, becomes final as to that person by operation of law.  If a hearing is requested or ordered, the commissioner, after notice of and opportunity for hearing to each person subject to the order, may modify or vacate the order or extend it until a final determination is made.  During the pendency of any hearing requested under this subsection, the cease and desist order shall remain in effect unless vacated or modified by the commissioner; provided that any penalty shall not take effect until the final order is issued.

     (c)  If a hearing is requested or ordered pursuant to subsection (b), a hearing shall be held pursuant to chapter 91.  A final order may not be issued unless the commissioner makes findings of fact and conclusions of law in a record in accordance with chapter 91.  The final order may make final, vacate, or modify the order issued under subsection (a).

     (d)  In a final order under subsection (c), the commissioner may impose a civil penalty of not more than $50,000 for each violation.  The order may include rescission, restitution, or disgorgement directed to a person that has engaged in an act, practice, or course of business constituting a violation of this chapter or the predecessor act or a rule adopted or order issued under this chapter or the predecessor act.

     (e)  In a final order, the commissioner may charge the actual cost of an investigation or proceeding for a violation of this chapter or a rule adopted or order issued under this chapter.

     (f)  If a petition for judicial review of a final order is not filed in accordance with section 485A-609, the commissioner may file a certified copy of the final order with the clerk of a court of competent jurisdiction.  The order so filed has the same effect as a judgment of the court and may be recorded, enforced, or satisfied in the same manner as a judgment of the court.

     (g)  If a person does not comply with an order under this section, the commissioner may petition a court of competent jurisdiction to enforce the order.  If the court finds, after service and opportunity for hearing, that the person was not in compliance with the commissioner's order, the court may find the person in civil contempt of the order.  The court may impose a further civil penalty against the person for contempt in an amount not to exceed $2,000 for each violation and may grant any other relief the court determines is just and proper in the circumstances. [L 2006, c 229, pt of §1]