(a) The commissioner may adopt rules pursuant to chapter 91 that the commissioner deems necessary for the administration of this chapter.
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Terms Used In Hawaii Revised Statutes 480J-42

  • Commissioner: means the commissioner of financial institutions. 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
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Licensee: means a person who is licensed or required to be licensed under this chapter. See Hawaii Revised Statutes 480J-1
  • 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
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) In addition to any other powers provided by law, the commissioner may:

(1) Issue declaratory rulings or informal nonbinding interpretations;
(2) Investigate and conduct hearings regarding any violation of this chapter and any rule or order of, or agreement with, the commissioner;
(3) Create fact-finding committees to make recommendations for the commissioner’s consideration;
(4) Require an applicant or any of its control persons, executive officers, directors, general partners, and managing members to disclose their relevant criminal history and request a criminal history record check in accordance with chapter 846;
(5) Contract with or employ qualified persons, including accountants, attorneys, investigators, examiners, auditors, or other professionals who may be exempt from chapter 76 and who shall assist the commissioner in exercising the commissioner’s powers and duties;
(6) Process and investigate complaints; subpoena witnesses and documents; administer oaths; receive affidavits and oral testimony, including telephonic communications; and do any things necessary or incidental to the exercise of the commissioner’s power and duties, including conducting contested case proceedings under chapter 91;
(7) Require a licensee to comply with any rule, guidance, guideline, statement, supervisory policy or any similar proclamation issued or adopted by the Federal Deposit Insurance Corporation to the same extent and in the same manner as a bank chartered by the State or, in the alternative, any policy position of the Conference of State Bank Supervisors;
(8) Enter into agreements or relationships with other government officials or regulatory associations in order to improve efficiencies and reduce regulatory burden by sharing resources; standardized or uniform methods or procedures; and documents, records, information, or evidence obtained under this chapter;
(9) Use, hire, contract, or employ public or privately available analytical systems, methods, or software to investigate or examine a licensee or person subject to this chapter;
(10) Accept and rely on investigation or examination reports made by other government officials, within or without this State; and
(11) Accept audit reports made by an independent certified public accountant for the licensee or person subject to this chapter in the course of an examination covering the same general subject matter as the audit. The commissioner may incorporate the audit report in the commissioner’s report of the examination, report of investigation, or other writing.
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