HRS §431:9-240
Fine instead of license penalty
When a court hears an appeal of a license suspension, revocation, or refusal to extend, it can choose to impose a fine instead of the insurance commissioner's action. The fine must be paid within ten days to get the license back. This only applies if the court finds a violation and thinks the original penalty was too harsh, and not if the licensee had a similar prior penalty.
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The statute, as written — Fine in lieu
(a) Upon the hearing of an appeal from an order suspending, revoking, or refusing to extend any license issued under this article, the court may impose a fine of not more than $10,000 in lieu of the commissioner's action, and payment of the fine within ten days shall reinstate, restore or extend, the license if: (1) The court finds that the licensee is guilty of violation of the law; and (2) The court deems the suspension, revocation, or refusal too severe a penalty under the facts as found. (b) If it appears that a license of the licensee has previously been suspended, revoked, or refused for a similar offense, the court shall not have jurisdiction to impose a fine in lieu of the commissioner's action.
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