Hawaii Revised Statutes
489D. Money Transmitters Act
489D-34 Powers of the commissioner.

§489D-34 Powers of the commissioner. In addition to any other powers provided by law, the commissioner may:
(1) Adopt rules pursuant to chapter 91 to implement this chapter;
(2) Administer and enforce the provisions and requirements of this chapter;
(3) Issue declaratory rulings and informal nonbinding interpretations;
(4) Develop requirements for licensure;
(5) Process and investigate complaints, subpoena witnesses and documents, administer oaths, and receive affidavits and oral testimony, including telephonic communications;
(6) Investigate and conduct hearings, including contested case proceedings under chapter 91, regarding any violation of this chapter, or any rule or order of, or agreement with, the commissioner;
(7) Create fact-finding committees that may make recommendations to the commissioner for the commissioner's deliberations;
(8) Require disclosure of relevant criminal history in accordance with this chapter and conduct criminal history record checks in accordance with chapter 846;
(9) Contract with or employ qualified persons who may be exempt from chapter 76, including investigators, examiners, auditors, and attorneys, to assist the commissioner in exercising the commissioner's powers and duties;
(10) Require that all revenues, fees, and fines collected by the commissioner under this chapter be deposited into the compliance resolution fund established pursuant to section 26-9(o);
(11) Revoke, suspend, or otherwise limit the license of any money transmitter for any violation of this chapter, or any rule or order of, or agreement with, the commissioner;
(12) Report any violation of this chapter or violation of federal or state law to the Consumer Financial Protection Bureau or other federal agency having jurisdiction over the licensee;
(13) Participate in nationwide protocols for licensing cooperation and coordination among state regulators; and
(14) Do any and all things necessary or incidental to the exercise of the commissioner's power and duties. [L 2006, c 153, pt of §1; am L 2018, c 21, §2; am L 2021, c 108, §8]
Revision Note
Subsection designation deleted pursuant to §23G-15(1).

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 26. Trade Regulation and Practice

489D. Money Transmitters Act

489D-1 Short title.

489D-2 Purpose.

489D-3 License required.

489D-4 Definitions.

489D-5 Exclusions.

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-9.5 Limited exemption for financial institutions; financial institutions as authorized delegates.

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-13 Licensee liability.

489D-14 Extraordinary reporting requirements.

489D-14.5 Name change.

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-23 Prohibited practices.

489D-24 Suspension or revocation of licenses.

489D-25 Suspension or revocation of authorized delegates.

489D-26 Orders to cease and desist.

489D-27 Consent orders.

489D-28 Civil penalties.

489D-29 Criminal penalties.

489D-30 Unlicensed persons.

489D-31 Administrative procedures.

489D-32 Hearings.

489D-33 Division functions.

489D-34 Powers of the commissioner.