Haw. Code R. § 16-24-27 - Examination fees and expense

(a) The commissioner may charge an examination fee to each licensed money transmitter and authorized delegate examined or investigated by the commissioner or the commissioner's staff, based upon the cost per hour per examiner. Effective July 1, 2007, the hourly fee shall be $40. After July 1, 2008, the commissioner may establish, increase, decrease, or repeal the hourly fee when necessary, pursuant to rules adopted in accordance with chapter 91, HRS.

(b) In addition to the examination fee, the commissioner may charge any money transmitter or authorized delegate examined or investigated by the commissioner or the commissioner's staff, additional amounts for travel, per diem, mileage, and other reasonable expenses incurred in connection with the examination.

(c) The commissioner shall bill the affected money transmitter or authorized delegate for examination fees and expenses as soon as feasible after the close of the examination or investigation. The affected money transmitter or authorized delegate shall pay the division of money transmitter or authorized delegate within thirty days following the billing. All such payments shall be deposited to the compliance resolution fund established pursuant to section 26-9(o), HRS. All disputes relating to these billings between the affected money transmitter or authorized delegate and the commissioner shall be resolved in accordance with the procedures for contested cases under chapter 91, HRS.

(d) A money transmitter or authorized delegate that fails to make a payment required by this section shall be subject to a fine as provided under the statutory provisions relating to civil penalties, which fine, together with the amount due under this section, may be recovered by action in circuit court, in which case the commissioner may request the court to award reasonable attorney's fees and costs. All of the additional fines, fees, and costs recovered by the commissioner under this section shall be deposited into the compliance resolution fund established pursuant to section 26-9(o), HRS.

Notes

Haw. Code R. § 16-24-27

[Eff 7/23/07] (Auth: HRS §§ 489D-17, 489D-33, 489D-34) (lmp: HRS § 489D-17)