HRS §431:2-406
How administrative penalties are imposed
This section says that an administrative penalty can only be imposed by a court order or by the insurance commissioner. Before the commissioner can impose any administrative penalty, they must hold a hearing following the rules in chapter 91.
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The statute, as written — Administrative procedures
(a) An administrative penalty may be imposed upon a judgment by a court of competent jurisdiction or upon an order by the commissioner. (b) The commissioner shall hold a hearing in accordance with chapter 91, prior to imposing any administrative remedy.
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