reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398. Family Leave › 398-8 Prohibited acts.

§398-8 Prohibited acts.
(a) It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this chapter.
(b) It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this chapter.
(c) It shall be unlawful for any person to discharge or in any other manner discriminate against any individual because the individual has:
(1) Filed any charge, or instituted or caused to be instituted any proceeding, under or related to this chapter;
(2) Given or is about to give any information in connection with any inquiry or proceeding relating to any right provided under this chapter; or
(3) Testified or is about to testify in any inquiry or proceeding relating to any right provided under this chapter. [L 1991, c 328, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398. Family Leave › 398-9 Administration.

§398-9
Administration.
(a) The director shall have jurisdiction over those prohibited acts made unlawful by this chapter.
(b) The department shall assist employers in the placement of temporary help to perform the work of those employees on family leave.
(c) The director also may hire, subject to chapter 76, investigators, hearings officers, clerical, stenographic, and other staff as may be necessary to administer and enforce this chapter. [L 1991, c 328, pt of §1; am L 1995, c 154, §7; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398. Family Leave › 398-9.5 Family leave data collection system; establishment.

§398-9.5 Family leave data collection system; establishment.
(a) There is established a family leave data collection system to:
(1) Ensure that all employees covered by the benefits of this chapter are informed of their rights under this chapter and their names are entered into the database upon application for benefits;
(2) Collect pertinent data, consistent with state and federal privacy statutes, on the use and potential demand for family leave benefits for both public and private-sector employees, including information on who and under what circumstances employees are using family leave benefits, the nature and duration of family members' needs, and the adequacy of current family leave benefits;
(3) Provide analysis of the data to assist in the development and implementation of an efficient system of family leave, including potential paid family leave, for employees in Hawaii; and
(4) Provide analysis of data to assist in the future development of caregiver services for senior citizens in Hawaii.
(b) The department shall work with the University of Hawaii center on aging to create a web-based data system with the following capabilities:
(1) The capacity for all employees seeking family leave benefits under this chapter to log into the data system and enter pertinent data on the circumstances and need for family leave benefits;
(2) The ability to secure confidential information, consistent with state and federal privacy statutes, available only in aggregate form for managers and analysts of the data system;
(3) The ability of the employee to print out a simple form to be submitted to the employer certifying that required data has been entered;
(4) The ability of data managers and analysts to manipulate and query the database to achieve the purpose of this chapter;
(5) A back-up paper system that can be used when computer access or printing is unavailable; and
(6) A user-friendly format that can be translated into multiple languages for employees.
(c) The state auditor shall be provided access to the database and shall prepare annual reports to the legislature, the department, and the University of Hawaii center on aging. [L Sp 2009, c 7, §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398. Family Leave › 398-10 Applicability.

§398-10 Applicability.
(a) Section 398-3 shall set a minimum standard that is not intended to replace family leave policies that exist as of the effective date of this Act and that provide for equal or greater employment benefits than those benefits afforded under this chapter.
(b) Nothing in this chapter shall be construed to modify, eliminate, or otherwise abrogate any existing family leave policies, employment benefits, or protections that employees may have pursuant to any employment contracts or collective bargaining agreements, to the extent that the contracts and agreements provide greater protections than those afforded under this chapter.
(c) To the extent the provisions of this chapter contradict or otherwise conflict with any contract rights or collective bargaining agreements in existence as of the date of this Act, the provisions that provide greater benefits to the employees shall control. [L 1991, c 328, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398. Family Leave › 398-21 Filing of complaint.

§398-21 Filing of complaint.
(a) Any individual claiming to be aggrieved by an alleged unlawful act may file with the department a verified complaint in writing.
(b) The attorney general or the department, in like manner, may file a complaint on behalf of an individual.
(c) A complaint may be filed on behalf of a class by the attorney general or the department.
(d) No complaint shall be filed after the expiration of ninety days after the:
(1) Date of the alleged unlawful act; or
(2) Date of discovery by the employee of the alleged unlawful act; however, in no event shall such a complaint be filed after the expiration of one hundred eighty days of the alleged unlawful act.
(e) After the filing of any complaint, the attorney general or the department, as applicable, shall serve a copy of the complaint upon the employer. [L 1995, c 154, pt of §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398. Family Leave › 398-22 Predetermination settlement.

§398-22 Predetermination settlement.
At any time after the filing of a complaint, but prior to a determination by the department that this chapter has been violated, the parties may agree to resolve the complaint through a predetermination settlement. [L 1995, c 154, pt of §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398. Family Leave › 398-23 Investigation and conciliation.

§398-23 Investigation and conciliation.
(a) The department may investigate and conciliate any complaint filed under this chapter.
(b) Every employer shall furnish or provide to the department access to records, documents, and other material to determine compliance with this chapter. The department shall have the right to examine, photograph, or copy the material and interview witnesses at the place of employment or business during regular working hours with respect to any matter under this chapter.
(c) The department may require by subpoena the attendance and testimony of witnesses and the production of all records, payrolls, correspondence, documents, and other material relative to any matter under investigation.
(d) If the department determines after investigation that this chapter has been violated, the department shall inform the employer and endeavor to remedy the violation by informal methods, such as conference or conciliation.
(e) If the department finds that methods in subsection (d) will not resolve the complaint, the department shall issue an order and a demand for compliance.
(f) If the department issues an order that finds that an employer has violated the requirements of this chapter, the department may prescribe relief as provided under this chapter. [L 1995, c 154, pt of §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398. Family Leave › 398-24 Appeal and hearing.

§398-24 Appeal and hearing.
(a) Upon appeal by the employer, the order issued by the department shall be subject to a de novo review by a hearings officer appointed by the director.
(b) The hearings officer shall schedule a contested case hearing that shall be heard in accordance with chapter 91.
(c) At any time after the filing of an appeal under subsection (a), but prior to the hearing, the hearings officer may hold a prehearing conference with the parties or their representatives.
(d) If a hearing is held as provided under subsection (b), the hearings officer shall issue a decision and grant relief as provided under this chapter.
(e) Any person aggrieved by the decision of the hearings officer shall be entitled to judicial review as provided by section 91-14.
(f) The hearings officer may administer oaths, take or cause to be taken depositions of witnesses, and may issue subpoenas to compel the attendance and testimony of witnesses or the production of records, payrolls, correspondence, documents, or other material relating to any matter to be heard. [L 1995, c 154, pt of §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398. Family Leave › 398-25 Civil action.

§398-25 Civil action.
(a) If an employer fails or neglects to comply with the:
(1) Final order of the department from which no appeal has been taken as provided by this chapter; or
(2) Final decision of the hearings officer,
the department or the affected employee may apply to any court of competent jurisdiction to enforce the provisions of the final order or decision and for any other appropriate relief. In any proceeding to enforce the provisions of the final order or decision, the department or the affected employee need only file with the court proof that a certified copy of the final order or decision was served. In the case of the final decision, proof that the notice of hearing was given also must be filed with the court.
(b) Any action to enforce this chapter, or to recover damages or equitable relief prescribed by this chapter, may be maintained in any court of competent jurisdiction by any one or more employees for and on behalf of the employee or employees, or the employee or employees may designate an agent or representative to maintain the action.
(c) In any action brought under this chapter, the court shall allow, in addition to any judgment awarded to the plaintiff, costs of action, including fees of any nature, and reasonable attorney's fees to be paid by the defendant. [L 1995, c 154, pt of §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398. Family Leave › 398-26 Remedies.

§398-26 Remedies.
(a) In addition to all employment terms and benefits provided under section 398-7, remedies prescribed and ordered by the department or the court under this chapter may include any legal, equitable, and other relief the department or court deems appropriate.
(b) Relief under this section may include:
(1) The amount of any wages, salary, employment benefits, or other compensation denied or lost to the employee by reason of the violation; or
(2) In a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the employee, any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to four weeks of wages or salary for the employee.
(c) An employer may be liable for an additional amount as liquidated damages equal to the sum of the applicable amount in subsection (b)(1) and (2); provided that if an employer who has violated this chapter proves to the satisfaction of the department or the court that the act or omission that violated this chapter was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of this chapter, the department or the court may reduce the amount of the liability to the applicable amount determined under subsection (b)(1) or (2). [L 1995, c 154, pt of §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398. Family Leave › 398-27 Notice of right to sue and employee remedies.

§398-27 Notice of right to sue and employee remedies.
(a) The department may issue a notice of right to sue. Within ninety days after the receipt of a notice of right to sue, the complainant may bring a civil action under this chapter. The department may intervene in a civil action brought pursuant to this chapter if the case is of general importance.
(b) An action by an employee to enforce the provisions of this chapter may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of oneself or themselves, or the employee or employees may designate an agent or representative to maintain the action.
(c) The court in any action brought under this section, in addition to any judgment awarded to the plaintiff or plaintiffs, shall allow costs of action, including costs of fees of any nature, and reasonable attorney's fees, to be paid by the defendant.
(d) The court also may provide injunctive relief in appropriate circumstances. [L 1995, c 154, pt of §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398. Family Leave › 398-28 Compliance review.

§398-28 Compliance review.
The department may investigate whether the terms of an agreement, settlement, order, or decision are being complied with by the employer. If the employer is not in compliance, the department shall take appropriate action as provided under this chapter. [L 1995, c 154, pt of §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398. Family Leave › 398-29 Penalty.

§398-29 Penalty.
Any employer who intentionally resists, prevents, impedes, or interferes with the department in the performance of duties pursuant to this chapter, or who in any manner intentionally violates this chapter, shall be guilty of a petty misdemeanor. [L 1995, c 154, pt of §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398A. Leave of Absence for Organ, Bone Marrow, or Peripheral Blood Stem Cell Donation › 398A-1 Definitions.

§398A-1 Definitions.
As used in this chapter:
"Employee" means a person who may be permitted, required, or directed by an employer for wages or pay to engage in any employment and who has been employed by that employer for at least one year immediately preceding the commencement of leave provided under this chapter.
"Employee benefits" means all benefits, other than salary and wages, provided or made available to an employee by an employer and includes group life insurance, health insurance, disability insurance, and pensions, regardless of whether benefits are provided by a policy or practice of an employer.
"Employer" means any private:
(1) Person;
(2) Partnership;
(3) Corporation;
(4) Association; or
(5) Other business entity,
that employs fifty or more employees. [L 2014, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398A. Leave of Absence for Organ, Bone Marrow, or Peripheral Blood Stem Cell Donation › 398A-2 Inapplicability.

§398A-2 Inapplicability.
This chapter shall not apply to any leave of absence provided to any public employee serving as an organ or bone marrow donor pursuant to section 78-23.6. [L 2014, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398A. Leave of Absence for Organ, Bone Marrow, or Peripheral Blood Stem Cell Donation › 398A-3 Leave requirement.

§398A-3 Leave requirement.
(a) Subject to subsection (d), an employer shall provide to an employee leave of absence not exceeding:
(1) Seven days each calendar year to serve as a bone marrow donor or peripheral blood stem cell donor; and
(2) Thirty days each calendar year to serve as an organ donor;
provided that the employee shall submit written verification to the employer that the employee is an organ donor, bone marrow donor, or peripheral blood stem cell donor and that there is a medical necessity for the donation of the organ, bone marrow, or peripheral blood stem cells.
(b) Any period of time during which an employee is required to be absent from work to serve as an organ donor, bone marrow donor, or peripheral blood stem cell donor shall not constitute a break in the employee's continuous service for the purpose of the employee's right to salary adjustments, sick leave, vacation, annual leave, or seniority. During any period that an employee takes leave pursuant to subsection (a), the employer shall maintain and pay for coverage under a group health plan, as defined in section 5000(b) of the Internal Revenue Code of 1986, as amended, for the full duration of the leave, in the same manner as the coverage would have been maintained if the employee had been actively at work during the leave period.
(c) This chapter shall not affect the obligation of an employer to comply with any collective bargaining agreement or employee benefit plan that provides greater leave rights to employees than the rights provided under this chapter.
(d) An employer may require as a condition of an employee's initial receipt of leave provided pursuant to this section that the employee take up to three days of earned but unused sick leave, vacation, or paid time off, or unpaid time off, for bone marrow or peripheral blood stem cell donation and up to two weeks of earned but unused sick leave, vacation, or paid time off, or unpaid time off, for organ donation, unless doing so would violate the provisions of any applicable collective bargaining agreement.
(e) Notwithstanding any other provision to the contrary, leave provided pursuant to this section shall not be taken concurrently with any leave taken pursuant to the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) or chapter 398.
(f) Leave provided pursuant to this section may be taken in one or more periods, but in no event shall exceed the amount of leave prescribed in subsection (a). [L 2014, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398A. Leave of Absence for Organ, Bone Marrow, or Peripheral Blood Stem Cell Donation › 398A-4 Restoration of employment.

§398A-4 Restoration of employment.
An employer, upon expiration of a leave authorized by this chapter, shall restore an employee to the position held by the employee when the leave began or to a position with equivalent seniority status, employee benefits, pay, and other terms and conditions of employment. An employer may decline to restore an employee as required in this section because of conditions unrelated to the employee's exercise of rights under this chapter. [L 2014, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398A. Leave of Absence for Organ, Bone Marrow, or Peripheral Blood Stem Cell Donation › 398A-5 Employee rights.

§398A-5 Employee rights.
(a) An employer shall not interfere with, restrain, or deny the exercise of, or an attempt to exercise, a right established by this chapter.
(b) An employer shall not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against an employee who:
(1) Exercises a right provided under this chapter; or
(2) Opposes a practice made unlawful by this chapter. [L 2014, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 398A. Leave of Absence for Organ, Bone Marrow, or Peripheral Blood Stem Cell Donation › 398A-6 Civil action.

§398A-6 Civil action.
An employee may bring a civil action to enforce this chapter. The court may enjoin any act or practice that violates this chapter and may order any equitable relief necessary and appropriate to redress the violation or to enforce this chapter. [L 2014, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 401. Commissioner of Financial Institutions--Repealed

Chapter
401 Commissioner of Financial Institutions--Repealed
402 Fiduciaries and Investments--Repealed
403 Hawaii Bank Act--Repealed
404 Bank Mergers--Repealed
405 International and Foreign Banking by Hawaii
Corporations--Repealed
405A International Banking Facilities--Repealed
405D Foreign Banks--Repealed
406 Trust Companies--Repealed
407 Savings and Loan Associations--Repealed
408 Financial Services Loan Companies--Repealed
408A Industrial Loan Company Guaranty Act--Repealed
409 Small Loan Companies--Repealed
410 State Chartered Credit Unions--Repealed
411 Emergency Acquisition of Financial
Institutions--Repealed
412 Code of Financial Institutions
Cross References
Uniform management of institutional funds act, see chapter 517D.
CHAPTER 401
COMMISSIONER OF FINANCIAL INSTITUTIONS
REPEALED.
L 1993, c 350, §39.
Cross References
For present provisions, see chapter 412.
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:1-101 Purpose.

§412:1-101 Purpose.
This chapter shall be liberally construed and applied to promote its underlying purposes and policies, which are as follows:
(1) To simplify, clarify, and modernize the laws concerning the regulation, organization, management, and activities of financial institutions in this State; and
(2) To provide a comprehensive set of laws applicable to financial institutions. [L 1993, c 350, pt of §1]
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:1-102 Scope and application of chapter.

§412:1-102 Scope and application of chapter.
(a) This chapter shall be applicable to the following:
(1) All Hawaii financial institutions;
(2) Other persons, including foreign financial institutions, who subject themselves to special provisions of this chapter, or who, by violating any of its provisions, become subject to the penalties of this chapter; and
(3) To the extent permitted by federal law, all federal financial institutions transacting business in this State.
(b) A person shall not be deemed to be doing business in this State simply because it participates in a mortgage loan transaction with a Hawaii financial institution or a federal financial institution whose operations are principally conducted in this State by purchasing, acquiring, transferring, servicing, enforcing, or otherwise dealing with mortgaged property located in this State, or by foreclosing upon, or acquiring title to mortgaged property in case of a default under the mortgage, securing the rents and profits therefrom, or disposing of the same.
(c) Loans made by a financial institution pursuant to an agreement that a federal agency will guaranty the loan, or will purchase the loan, shall be subject to this chapter only to the extent consistent with federal law. No law of the State prescribing the nature, amount, or form of security or requiring security upon which loans may be made, or limiting the aggregate amount which is permitted to be invested in loans by reason of type of investment, or prescribing or limiting interest rates upon loans, or prescribing or limiting the period for which loans may be made shall be deemed to apply to loans made pursuant to an agreement with a federal agency that it will guaranty or purchase the loan. [L 1993, c 350, pt of §1]
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:1-104 Names.

§412:1-104 Names.
(a) Unless authorized to engage in business as a financial institution in this State of the type indicated by the name or as otherwise approved by the commissioner, no person may use any of the terms "financial institution", "bank", "savings bank", "savings and loan", "savings association", "financial services loan company", "credit union", "trust company", "intra-Pacific bank", "international banking corporation", words of similar import, or translations of such words, in a manner that might suggest or tend to lead others into believing that the person is a financial institution of the character indicated by the name.
(b) No financial institution may use words designating another type of financial institution, words of similar import, or translations of these words, in a manner that suggests or tends to lead others into believing that it is that type of financial institution.
(c) No financial institution may use a name except in accordance with section 412:3-101. [L 1993, c 350, pt of §1; am L 2006, c 228, §3]
Cross References
Financial institution name fraud, see §412:2-606.5.
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:1-105 Deposits.

§412:1-105 Deposits.
Except as expressly authorized by this chapter or by federal law, no person shall solicit, accept, or hold deposits in this State. [L 1993, c 350, pt of §1; am L 2002, c 40, §11]
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:1-106 Headings; references.

§412:1-106 Headings; references.
The meaning or scope of any provision of this chapter is not affected by any heading. Any references in this chapter to federal laws or regulations shall be deemed to refer to successor laws and regulations unless the reference is clearly inapplicable. [L 1993, c 350, pt of §1]
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:1-107 Particular provisions prevail.

§412:1-107 Particular provisions prevail.
Provisions of this chapter relating to a particular class of financial institutions or a particular matter shall prevail over provisions relating to financial institutions in general or to such matter in general. [L 1993, c 350, pt of §1]
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:1-108 Jurisdiction conferred upon circuit court.

§412:1-108 Jurisdiction conferred upon circuit court.
For all matters requiring or permitting judicial action or remedy in this chapter, jurisdiction is conferred upon the circuit court of the judicial circuit in which the principal office in this State of the affected financial institution is located. [L 1993, c 350, pt of §1]
Cross References
Jurisdiction of circuit courts, see chapter 603, part III.
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:2-100 Commissioner of financial institutions; division of financial institutions.

§412:2-100 Commissioner of financial institutions; division of financial institutions.
(a) The director of commerce and consumer affairs, with the approval of the governor, shall appoint the commissioner of financial institutions. The commissioner shall be in charge of the division of financial institutions within the department of commerce and consumer affairs. The commissioner shall be the primary regulator of Hawaii financial institutions, and shall have the authority expressly conferred by or reasonably implied from the provisions of this chapter. The commissioner may be removed by the director of commerce and consumer affairs with the approval of the governor; provided that while there is any vacancy in the office of the commissioner, the director of commerce and consumer affairs shall serve as ex officio commissioner. The commissioner shall not be subject to chapter 76.
(b) The salary of the commissioner shall be set by the director of commerce and consumer affairs but shall not be more than the maximum salary of first deputy to the director of commerce and consumer affairs.
(c) It shall be the primary purpose of the division of financial institutions to ensure the safety and soundness of Hawaii financial institutions and to maintain public confidence in such institutions through the process of chartering and licensing, regulatory approval, examinations and supervision. [L 1993, c 350, pt of §1; am L 2000, c 253, §150; am L 2005, c 226, §13]
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:2-100.5 Powers of the commissioner.

§412:2-100.5 Powers of the commissioner.
In addition to any other powers provided by law, the commissioner shall have the authority to:
(1) Administer and enforce the provisions and requirements of this chapter;
(2) Adopt, amend, or repeal rules or issue declaratory rulings pursuant to chapter 91 to effectuate the purposes of this chapter;
(3) Issue informal nonbinding interpretations to effectuate the purposes of this chapter;
(4) Develop requirements for charter or licensure through rules;
(5) Investigate and conduct hearings regarding any violation of this chapter or any rule or order of, or agreement with, the commissioner; and
(6) Require a licensed or chartered entity or other entity with a certificate of authority to comply with any rule, guidance, guideline, statement, supervisory policy, or any similar proclamation issued or adopted by the appropriate federal regulatory authority. [L 2013, c 172, §1]
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:2-101 Deputy commissioner, acting commissioner.

§412:2-101 Deputy commissioner, acting commissioner.
The deputy commissioner shall have such duties as are assigned by the commissioner from time to time, and shall serve as acting commissioner whenever the commissioner is out of the State or is otherwise incapable of performing the commissioner's duties. [L 1993, c 350, pt of §1]
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:2-102 Examiners and other personnel.

§412:2-102 Examiners and other personnel.
The commissioner may hire as many examiners, professional employees and clerical personnel as the business of the division of financial institutions may require. The commissioner may also appoint an examiner knowledgeable in international banking who shall have the same powers and authority as other examiners, but who shall not be subject to chapter 76. [L 1993, c 350, pt of §1; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:2-103 Disqualifications.

§412:2-103 Disqualifications.
No person shall be an examiner who is a director of or owner of any interest, or shares of stock, in any company that may be examined pursuant to this chapter. [L 1993, c 350, pt of §1]
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:2-105 Fees.

§412:2-105 Fees.
(a) The commissioner shall charge any financial institution examined by the commissioner or the commissioner's staff, an amount for travel, per diem, mileage, and other reasonable expenses incurred in connection with the examination.
(b) The commissioner shall bill the affected financial institution for expenses as soon as feasible after the close of the examination. The affected financial institution shall pay the division within thirty days following the billing. All such payments shall be deposited to the compliance resolution fund established pursuant to section 26-9(o). All disputes relating to these billings between the affected financial institution and the commissioner shall be resolved in accordance with the procedures for contested cases under chapter 91.
(c) A Hawaii financial institution that fails to make a payment required by this section shall be subject to an administrative fine of not more than $250 per day for each day it is in violation of this section, which fine, together with the amount due under this section, may be recovered pursuant to section 412:2-611, and shall be deposited into the compliance resolution fund established pursuant to section 26-9(o). [L 1993, c 350, pt of §1; am L Sp 1995, c 11, §9; am L 1999, c 129, §7; am L 2013, c 172, §11]
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:2-106 Public or private hearings.

§412:2-106 Public or private hearings.
(a) All hearings before the commissioner shall be subject to chapter 91 and the rules adopted pursuant thereto, unless it is expressly provided otherwise in this chapter.
(b) All actions of and proceedings before the commissioner under parts III, IV, V and VI of this article shall be closed to the public. In such proceedings, reports of examination, testimony of examiners and other evidence may be presented to substantiate or refute allegations stated in any notice of charges. Except as otherwise provided by law, no person shall divulge information regarding such actions or proceedings except to governmental authorities, to the person's directors, and to its officers, employees, attorneys, auditors, or other consultants or advisors of the person who have responsibilities related to the action or proceeding. Hearings which result from joint supervisory or enforcement actions with an appropriate federal regulatory agency shall be closed to the public, unless the procedures set forth in this section are preempted by federal law.
(c) Notwithstanding subsection (b) of this section, the commissioner may authorize the disclosure of the existence or outcome of an action or proceeding under parts III, IV, V and VI of this article and may disclose other general information concerning the action or proceeding, if the commissioner shall determine that such disclosure is in the public interest. [L 1993, c 350, pt of §1]
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:2-108 Alternative mortgage loans rules.

§412:2-108 Alternative mortgage loans rules.
The commissioner may by rule permit financial institutions to make loans secured by mortgages that do not meet the loan-to-value ratio, payment terms, compounding of interest, or other requirements contained under this chapter, chapter 478 or other law of this State, including but not limited to, alternative mortgage loans, such as "reverse annuity" and "graduated payment" mortgage loans. Such rules may specify the borrowers eligible for such alternative mortgage loans, and the limitations, restrictions, and other requirements the commissioner shall deem appropriate. [L 1993, c 350, pt of §1]
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:2-109 Compliance resolution fund; financial institution examiners.

§412:2-109 Compliance resolution fund; financial institution examiners.
(a) Any law to the contrary notwithstanding, fees and fines collected by the commissioner of financial institutions shall be deposited into the compliance resolution fund established pursuant to section 26-9(o).
(b) The commissioner may appoint financial institution examiners, in accordance with chapter 76, who shall examine the affairs, transactions, accounts, records, documents, and assets of financial institutions. The commissioner also may appoint administrative support personnel, in accordance with chapter 76, who shall assist and support the examiners. The commissioner may pay the salaries of the financial institution examiners and administrative support personnel from the compliance resolution fund.
(c) The compliance resolution fund also may be used to reimburse financial institution examiners and administrative support personnel for the following expenses necessarily incurred on account of an examination and the education and training of financial institution examiners and administrative support personnel:
(1) Actual travel expenses in amounts customary for these expenses and approved by the commissioner;
(2) A reasonable living expense allowance at a rate customary for these expenses and approved by the commissioner; and
(3) Any fee or tuition necessary to attend educational and training conferences, workshops, seminars, and any similar events of this nature.
(d) The compliance resolution fund also may be used for other expenses relating to examinations of financial institutions and administrative costs, including personnel costs of the division and costs incurred by supporting offices and divisions.
(e) All persons receiving any reimbursement or compensation from the compliance resolution fund shall submit to the commissioner for approval a detailed account of all expenses and compensation necessarily incurred. Persons shall not receive or accept any additional compensation on account of an examination. In the case of an examination, any reimbursement or compensation made by the fund and approved by the commissioner shall be charged to the financial institution being examined by the commissioner and all receipts shall be credited to the fund.
(f) Moneys in the compliance resolution fund shall not revert to the general fund. [L Sp 1995, c 11, §5; am L 1996, c 207, §2; am L 1999, c 129, §8; am L 2000, c 253, §150; am L 2006, c 228, §6 and c 300, §14; am L 2016, c 149, §3]
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:2-110 Emergency applications.

§412:2-110 Emergency applications.
Notwithstanding any law to the contrary, an application may be approved by the commissioner without investigation, notice, comment, or hearing in any case in which the commissioner determines to be an emergency arising from the insolvency of an existing institution or to prevent the failure of an existing institution. No emergency application may be granted unless the commissioner determines that the relevant statutory criteria have been met. Notwithstanding the granting of any approval, if the commissioner discovers good cause why an approval should not have been granted, the approval may be revoked by giving written notice of revocation to the applicant. [L 2001, c 170, pt of §1]
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:2-111 Commissioner's power to subpoena.

§412:2-111 Commissioner's power to subpoena.
In the course of an investigation of matters affecting the interest of consumers or depositors or of any other matter within the jurisdiction of the division, the commissioner may summon persons and subpoena witnesses, compel their attendance, administer oaths and examine any person under oath, and require the production of books, papers, documents, or objects that the commissioner deems relevant or material to the inquiry. Any summons or subpoena may be served by certified mail with return receipt requested. Powers granted under this section may be enforced by the circuit court. [L 2001, c 170, pt of §1]
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:2-200 Examinations.

§412:2-200 Examinations.
(a) The commissioner shall examine each Hawaii financial institution at least once every twenty-four months, or more frequently as the commissioner may determine.
(b) The purpose of every examination shall be to ensure that such Hawaii financial institution is not engaging in illegal, unsafe, or unsound practices, that its management, business practices, and policies are prudent and sound, that it is able to meet all its obligations when due, and that it is complying with all applicable laws. With respect to examinations of nondepository financial services loan companies, the commissioner may limit the scope of the examination to compliance with all applicable laws and rules.
(c) The commissioner shall have full access to the vaults, books and papers of each Hawaii financial institution being examined, except for the contents of safe deposit boxes leased to customers, and may make such inquiries as may be necessary to ascertain the condition of such institution. To the best of their knowledge and ability, and subject to the availability of privileges or immunities under state or federal law, all directors, incorporators, officers, employees, and agents of an institution being examined shall cooperate fully with the commissioner and the commissioner's examiners, shall answer all inquiries and shall furnish all information pertaining to such inquiries. [L 1993, c 350, pt of §1]
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:2-201 Use of federal examinations.

§
412:2-201 Use of federal examinations.
The commissioner may accept, adopt, or use in lieu of an examination prescribed by section 412:2-200 all or any part of the results of an examination conducted by a federal regulatory agency of a Hawaii financial institution for the same period or subject matter that would be covered by an examination required or permitted under this article. [L 1993, c 350, pt of §1]
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:2-300 Enforcement actions.

§412:2-300 Enforcement actions.
In enforcing the provisions of this chapter, the commissioner is authorized to use the powers in this part without limitation to direct the discontinuance of any violation of law, or any unsafe or unsound practice that is likely to cause insolvency or substantial dissipation of assets or earnings of the institution. The provisions of this chapter may be enforced by informal or formal actions. Informal actions include board resolutions, letter agreements, records of action, memoranda of understanding, or supervisory agreements. Formal actions include cease and desist orders (whether temporary or permanent), removal orders, suspension and revocation orders, divestiture orders, and orders enforcing statutory provisions. Any person who is the subject of formal or informal enforcement action by the commissioner may consent to the entry of any formal order. [L 1993, c 350, pt of §1; am L 1998, c 196, §2]
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:2-301 Joint enforcement with federal regulatory agency.

§412:2-301 Joint enforcement with federal regulatory agency.
The commissioner may enter into any agreement and take any action with the appropriate federal regulatory agency to enforce jointly all federal and state laws applicable to the Hawaii financial institution. [L 1993, c 350, pt of §1]
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:2-302 Cease and desist orders; grounds for issuance.

§412:2-302 Cease and desist orders; grounds for issuance.
(a) Whenever it appears to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation of any:
(1) Provision of this chapter;
(2) Rule adopted or order issued under this chapter; or
(3) Condition of an approval of request or application by the commissioner or a written agreement between such person and the commissioner,
the commissioner may, in the commissioner's discretion, issue a temporary or permanent cease and desist order to enforce compliance with this chapter, with any rule adopted or order issued under this chapter, or with the conditions of such approval or written agreement.
The commissioner shall have the discretion to include in the order an assessment of an administrative penalty against any person who violates this chapter or who has knowingly violated a written agreement with, or a rule or order of, the commissioner made pursuant to this chapter.
(b) The commissioner may issue a temporary or permanent cease and desist order to any Hawaii financial institution, any institution-affiliated party, or any other person that the commissioner finds or has reasonable cause to believe:
(1) Is violating, has violated, or is about to violate this chapter or any rules adopted pursuant to this chapter;
(2) Is violating, has violated, or is about to violate any written condition imposed or order issued by the commissioner on such financial institution's or other person's authority to engage in business, or any condition of a written agreement between the financial institution or other person and the commissioner;
(3) Is engaging, has engaged, or is about to engage in an illegal, unauthorized, unsafe, or unsound practice; or
(4) Is failing to maintain books and records that are sufficiently complete and accurate so as to permit the commissioner to determine the financial condition of the institution named in the order. [L 1993, c 350, pt of §1; am L 1998, c 196, §3]
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:2-303 Permanent cease and desist orders; procedure; hearing; enforcement.

§412:2-303 Permanent cease and desist orders; procedure; hearing; enforcement.
(a) The notice of charges and proposed permanent cease and desist order shall be in writing and shall be served upon the institution-affiliated party or the Hawaii financial institution at its principal office in this State and upon any other affected party wherever that person can be located and served by the commissioner. The notice of charges shall state the alleged violations or wrongful practices and a summary of the facts in support of such allegations. The notice shall be accompanied by a proposed order which states the commissioner's intent to require discontinuance of such violation or practice and the immediate compliance with all requirements of any applicable agreement, conditions of approval, order, or law. The proposed order may also direct such affirmative action as may be necessary to prevent insolvency or to correct the alleged violation or wrongful practice. The notice of charges shall set forth a time and place for a hearing to determine whether the proposed order shall be issued.
(b) Within twenty days after service of a notice of charges, unless an earlier date or later date is set by the commissioner upon request of the affected party, the commissioner shall hold a hearing in accordance with chapter 91. If no appearance is made at the scheduled hearing by the party or its duly authorized representative, the party shall be deemed to have consented to the issuance of the cease and desist order and the commissioner may issue a permanent cease and desist order. Any cease and desist order issued after a hearing held in accordance with this subsection shall become effective after service upon the affected party and shall remain effective until modified or terminated by the commissioner. Any appeal of a permanent cease and desist order shall be made to the circuit court in accordance with chapter 91.
(c) On or after the effective date of any permanent cease and desist order, the commissioner may apply for enforcement of the order to the circuit court. Such application may also contain a petition for such other relief or remedies as may be appropriate in the circumstances. The application shall be given precedence over other cases pending in court, and shall in every way be expedited. [L 1993, c 350, pt of §1; am L 1998, c 196, §4]
Rules of Court
Appeals, see HRCP rule 72.
2023 Hawaii Revised Statutes › Title 22. Banks and Financial Institutions › 412. Code of Financial Institutions › 412:2-305 Consent cease and desist orders.

§412:2-305 Consent cease and desist orders.
Any affected party may waive its rights to a hearing on any notice of charges by stipulating and consenting to:
(1) The issuance of a permanent cease and desist order; or
(2) The conversion of a temporary cease and desist order into a permanent cease and desist order.
Any cease and desist order issued by consent shall be effective as of the date specified therein and shall remain effective until modified or terminated by the commissioner. [L 1993, c 350, pt of §1; am L 1998, c 196, §6]