§489D-26 Orders to cease and desist. (a) If the commissioner determines a violation of this chapter or a rule adopted or an order issued under this chapter by a licensee or authorized delegate is:
(1) Likely to cause immediate and irreparable harm to the licensee, the licensee's customers, or the public as a result of the violation; or
(2) Cause insolvency or significant dissipation of assets of the licensee,
the commissioner may issue an order requiring the licensee or authorized delegate to cease and desist from the violation. The order becomes effective upon service of the order upon the licensee or authorized delegate.
(b) The commissioner may order a licensee to cease and desist from providing money transmission services through an authorized delegate that is the subject of a separate order pursuant to section 489D-25 by the commissioner.
(c) An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to chapter 91.
(d) A licensee or an authorized delegate that is served with an order to cease and desist may petition the circuit court for a judicial order setting aside, limiting, or suspending the enforcement, operation, or effectiveness of the order pending the completion of an administrative proceeding pursuant to section 489D-31 or 489D-32.
(e) The commissioner shall commence an administrative proceeding pursuant to chapter 91 within twenty days after issuing an order to cease and desist.
(f) The commissioner may apply to the circuit court for an appropriate order to protect the public interest. [L 2006, c 153, pt of §1]
Structure Hawaii Revised Statutes
Title 26. Trade Regulation and Practice
489D-6 License qualifications.
489D-6.2 Registration with NMLS.
489D-7 Bond or other security device.
489D-8 Permissible investments and statutory trust.
489D-9 License and registration; application.
489D-10 Application and license fees
489D-11 Issuance of license; grounds for denial.
489D-12 Renewal of license and annual report.
489D-12.5 Penalties and other charges.
489D-14 Extraordinary reporting requirements.
489D-15 Changes in control of a licensee.
489D-16 Money laundering reports.
489D-17 Examinations and investigations.
489D-18 Maintenance of records.
489D-19 Confidentiality of records.
489D-20 Money transmitter receipts and refunds.
489D-21 Authorized delegate contracts.
489D-22 Authorized delegate; conduct.
489D-22.5 Voluntary surrender of license.
489D-24 Suspension or revocation of licenses.
489D-25 Suspension or revocation of authorized delegates.
489D-26 Orders to cease and desist.