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Haw. Rev. Stat. § 489D-34

Powers of the commissioner

Known as the Money Transmitters Modernization Act

The act spans §§ 489–489 (39 sections).

L 2006, c 153, pt of §1; am L 2018, c 21, §2; am L 2021, c 108, §8; am L 2022, c 59, §2

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 conducted by or through NMLS or pursuant to 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.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.