(a) To ensure the effective supervision and enforcement of this chapter, the commissioner, pursuant to chapter 91, may take any disciplinary action specified in subsection (b) against an applicant or licensee if the commissioner finds that the applicant or licensee:

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Terms Used In Hawaii Revised Statutes 480J-37

  • Branch office: means any location in the State that is identified by any means to the public or consumers as a location at which the licensee holds itself out as an installment lender. See Hawaii Revised Statutes 480J-1
  • Commissioner: means the commissioner of financial institutions. See Hawaii Revised Statutes 480J-1
  • Consumer: means a natural person who is the buyer, lessee, or debtor to whom credit is granted in a transaction that is primarily for that natural person's personal, family, or household purposes. See Hawaii Revised Statutes 480J-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Control: means the power, either directly or indirectly, to direct management or policies of a company, whether through ownership of securities, by contract, or otherwise. See Hawaii Revised Statutes 480J-1
  • Elder: means an individual who is sixty-two years of age or older. See Hawaii Revised Statutes 480J-1
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Licensee: means a person who is licensed or required to be licensed under this chapter. See Hawaii Revised Statutes 480J-1
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: means an individual, sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or other association of individuals, however organized. See Hawaii Revised Statutes 480J-1
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
(1) Has violated this chapter, or any rule or order lawfully made pursuant to this chapter;
(2) Has failed to disclose facts or conditions that clearly would have been grounds for the commissioner to deny an application for licensure, had those facts or conditions been disclosed at the time the application was made;
(3) Has failed to provide information required by the commissioner within a reasonable time, as specified by the commissioner;
(4) Has failed to provide or maintain proof of financial responsibility;
(5) Is insolvent;
(6) Has made, in any document or statement filed with the commissioner, a false representation of a material fact or has omitted to state a material fact;
(7) Has, or, if an applicant or licensee is not an individual, any of the applicant’s or licensee’s control persons, executive officers, directors, general partners, and managing members, have been convicted of or entered a plea of guilty or nolo contendere to a crime involving fraud or deceit, or to any similar crime under the jurisdiction of any federal court or court of another state;
(8) Has failed to make, maintain, or produce records that comply with section 480J-15 or any rule adopted by the commissioner pursuant to chapter 91;
(9) Has been the subject of any disciplinary action by any state or federal agency that resulted in revocation of a license;
(10) Has a final judgment entered against the applicant or licensee for violations of this chapter; any state or federal law concerning installment loans, deferred deposit loans, check cashing, payday loans, banking, mortgage loan originators, or money transmitters; or any state or federal law prohibiting unfair or deceptive acts or practices; or
(11) Has failed to take or provide proof of taking in a timely manner, as specified by the commissioner, the corrective action required by the commissioner subsequent to an investigation or examination pursuant to section 480J-43.
(b) After finding that the applicant or licensee has violated one or more of the conditions under subsection (a), the commissioner may take any of the following actions:

(1) Deny an application for licensure, including an application for a branch office license;
(2) Revoke the license;
(3) Suspend the license for a period of time;
(4) Issue an order to the licensee to cease and desist from engaging in any act specified in subsection (a);
(5) Order the licensee to refund to consumers any excess charges under this chapter;
(6) Impose penalties of up to $1,000 for each violation; or
(7) Bar a person from applying for or holding a license for a period of five years following revocation of the person’s license.
(c) The commissioner may issue a temporary cease and desist order if the commissioner finds that the licensee, applicant, or person is engaging, has engaged, or is about to engage in an illegal, unauthorized, unsafe, or unsound practice in violation of this chapter. Whenever the commissioner denies a license application or takes disciplinary action pursuant to this subsection, the commissioner shall enter an order to that effect and notify the licensee, applicant, or person of the denial or disciplinary action. The notification required by this subsection shall be given by personal service or by certified mail to the last known address of the licensee or applicant as shown on the application, license, or as subsequently furnished in writing to the commissioner.
(d) The revocation, suspension, expiration, or surrender of a license shall not affect the licensee’s liability for acts previously committed or impair the commissioner’s ability to issue a final agency order or take disciplinary action against the licensee.
(e) No revocation, suspension, or surrender of a license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any consumer.
(f) The commissioner may reinstate a license, terminate a suspension, or grant a new license to a person whose license has been revoked or suspended if no fact or condition then exists that clearly would justify the commissioner in revoking, suspending, or refusing to grant a license.
(g) The commissioner may impose an administrative fine on a licensee or person subject to this chapter if the commissioner finds on the record after notice and opportunity for hearing that the licensee or person subject to this chapter has violated or failed to comply with any requirement of this chapter or any rule or order issued under the authority of this chapter.
(h) Each violation or failure to comply with any directive or order of the commissioner shall be a separate and distinct violation.
(i) Any violation of this chapter that is directed toward, targets, or injures an elder may be subject to an additional civil penalty not to exceed $10,000 for each violation, in addition to any other fines or penalties assessed for the violation.

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