[ 489D-30]  Unlicensed persons.  (a)  If the commissioner has reason to believe that a person has violated or is violating section 489D-3, the commissioner may issue an order to show cause why an order to cease and desist should not issue requiring that the person cease and desist from the violation of section 489D-3.

Terms Used In Hawaii Revised Statutes 489D-30

  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.

     (b)  If the commissioner has reason to believe that a person has violated or is violating section 489D-3, the commissioner may petition the circuit court for the issuance of a temporary restraining order if the public would be irreparably harmed.

     (c)  An order to cease and desist becomes effective upon service of the order upon the person.

     (d)  An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to section 489D-26.

     (e)  A person who is served with an order to cease and desist for violating section 489D-3 may petition the circuit court for a judicial order setting aside, limiting, or suspending the enforcement, operation, or effectiveness of the order to cease and desist pending the completion of an administrative proceeding pursuant to section 489D-26.

     (f)  The commissioner shall commence an administrative proceeding within twenty days after issuing an order to cease and desist.