Hawaii Revised Statutes
467B. Solicitation of Funds from the Public
467B-9.7 Administrative enforcement and penalties.

§467B-9.7 Administrative enforcement and penalties. (a) The attorney general may refuse to register, revoke, or suspend the registration of any charitable organization, professional fundraising counsel, or professional solicitor, or issue a cease and desist order whenever the attorney general finds that a charitable organization, professional fundraising counsel, or professional solicitor, or its agent, servant, or employee:
(1) Has violated or is operating in violation of this chapter, the rules of the attorney general, or an order issued by the attorney general;
(2) Has refused or failed, after notice, to produce any records of the organization or to disclose any information required to be disclosed under this chapter or the rules of the attorney general;
(3) Has made a material false statement in an application, statement, or report required to be filed under this chapter; or
(4) Has failed to file the financial report required by section 467B-2.5, or filed an incomplete financial report.
(b) When the attorney general finds that the registration of any person may be refused, suspended, or revoked under the terms of subsection (a), the attorney general may:
(1) Revoke a grant of exemption from any provisions of this chapter;
(2) Issue an order directing that the person cease specified fundraising activities;
(3) Impose an administrative fine not to exceed $1,000 for each act or omission that constitutes a violation of this chapter and an additional penalty, not to exceed $100, for each day during which the violation continues. Registration shall be automatically suspended upon final affirmation of an administrative fine until the fine is paid or until the normal expiration date of the registration. No registration shall be renewed until the fine is paid; or
(4) Place the registrant on probation for any period of time and subject to any conditions as the attorney general may determine.
(c) Any person aggrieved by an action of the attorney general under this section may request a hearing to review that action in accordance with chapter 91 and rules adopted by the attorney general. Any request for hearing shall be made within ten days after the attorney general has served the person with notice of the action, which notice shall be deemed effective upon mailing.
(d) The attorney general may apply to the circuit court for the first circuit, State of Hawaii, for relief, and the court may issue a temporary injunction or a permanent injunction to restrain violations of this chapter, appoint a receiver, order restitution or an accounting, or grant other relief as may be appropriate to ensure the due application of charitable funds. Proceedings thereon shall be brought in the name of the State. [L 2004, c 93, pt of §1; am L 2006, c 168, §4; am L 2008, c 174, §8; am L 2011, c 40, §4]

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