Chapters

CHAPTER 449 ESCROW DEPOSITORIES

Contents 449-1 Definitions 449-1.5 Applicability of chapter 449-1.6 Name of escrow depository 449-1.7 Indicia of escrow depository prohibited 449-1.8 Confidential portion of application or records 449-1.9 Powers of commissioner 449-2 Rules 449-3 Excepted from this chapter 449-4 Administrative penalty 449-5 License required to act as escrow depository 449-5.5 Net capital 449-6 Application for license 449-7 Investigation and ruling 449-7.4 Grant of approval 449-7.5 Licensing requirements 449-8 Issuance and renewal of license 449-8.5 Denial of license 449-8.6 Sale or transfer of license or change in control 449-9 Escrow depository's bond 449-10 Suit on bond 449-11 Fidelity bonds; deposit 449-12 Errors and omissions insurance; deposit 449-13 Cancellation of bonds or insurance; withdrawal of deposits 449-14 Fees 449-15 Audited statements 449-16 Accounting for moneys, property, etc. 449-16.5 Earnings on funds 449-17 Revocation and suspension of licenses 449-18 Repealed 449-19 Relocation of office 449-20 Branch offices 449-20.5 Closing branch office 449-21 Maintenance of books and records 449-22 Examinations 449-23 Removal of officers or directors 449-24 Termination of escrow depository operations

     §449-14  Fees.  (a)  The following fees shall be paid by licensed escrow depositories to the commissioner and, together with any administrative penalty or other charge assessed under this chapter, shall be deposited into the compliance resolution fund established pursuant to section 26-9(o):

     (1)  For filing and investigation of an escrow depository′s application for license, $5,000;

     (2)  For an application for approval to establish a branch office, $100;

     (3)  For an application for approval to relocate an existing office or branch, $100;

     (4)  For annual renewal of an escrow depository′s license, $2,000;

     (5)  For initial issuance and annual renewal of a branch office license, $100;

     (6)  For reissuance of a license for the change in the business address of its office, $50; provided that a reissuance caused by changes to the address by the United States Postal Service shall not require payment of a fee; and

     (7)  For an application for approval to cease business as an escrow depository, $0.

     (b)  For all escrow depositories examined by the commissioner or the commissioner′s staff, the commissioner:

     (1)  May charge an examination fee based upon the cost per hour per examiner.  The hourly fee shall be $60;

     (2)  May charge additional amounts for travel, per diem, mileage, and other reasonable expenses incurred in connection with the examination; and

     (3)  Shall bill the affected escrow depository for examination fees and expenses as soon as feasible after the close of the examination or investigation.  The affected escrow depository shall pay the division within thirty days following the billing.  All payments shall be deposited into the compliance resolution fund established pursuant to section 26‑9(o).  Any dispute by the affected escrow depository relating to these billings shall be reviewed by the commissioner who may modify, waive, or suspend any billing.

     (c)  An escrow depository that fails to make a payment required by this section shall be subject to an administrative penalty of not more than $200 per day for each day it is in violation of this section.

     (d)  Any fee authorized by this section may be set or modified by the commissioner by rule adopted pursuant to chapter 91. [L 1967, c 144, pt of §1; HRS §449-14; am L 1973, c 141, §1; am L 1979, c 219, §4; am L 1985, c 269, §50; am L 1992, c 205, §13; am L 1996, c 41, §3; am L 1999, c 129, §18; am L 2001, c 184, §4; am L 2013, c 166, §9]