Haw. Rev. Stat. § 451K-5 — HI Code / Division 2 / Title 25 / Chapter 451K / Section 451K-5
Exemptions.
Status: in_force

(a) This chapter does not prohibit any persons legally regulated in this State by any other law from engaging in the practice for which they are authorized as long as they do not represent themselves by the title of "genetic counselor" or "licensed genetic counselor". This chapter shall not prohibit the practice of nonregulated professions whose practitioners are engaged in the delivery of human services as long as these practitioners do not represent themselves as or use the title of "genetic counselor" or "licensed genetic counselor".

(b) Nothing in this chapter shall be construed to limit the activities and services of:

(1) A student, intern, resident, or fellow in genetics or genetic counseling seeking to fulfill educational requirements to qualify for a license under this chapter if those activities and services constitute a part of that individual's supervised course of study;

(2) An individual seeking to fulfill the post-degree practice requirements to qualify for licensing under this chapter, as long as the activities and services are supervised by a licensed genetic counselor or physician. A student, intern, resident, or fellow shall be designated by the title "intern", "resident", "fellow", or any other designation of trainee status; or

(3) An American Board of Genetic Counseling or an American Board of Medical Genetics certified genetic counselor who is brought into the State as a consultant to train health care providers within the State. Nothing contained in this subsection shall be construed to permit students, interns, residents, fellows, or consultants to offer their services as genetic counselors or geneticists to any other person.

(c) Nothing in this chapter shall be construed to prevent a physician licensed to practice medicine in this State or an intern, fellow, or resident from performing genetic counseling within the person's scope of practice as long as the person is not in any manner held out to the public as a "genetic counselor" or "licensed genetic counselor".

(d) Nothing in this chapter shall be construed to prevent any licensed nurse in this State from performing genetic counseling within the nurse's scope of practice as long as the nurse is not in any manner held out to the public as a "genetic counselor" or "licensed genetic counselor".

(e) Nothing in this chapter shall be construed to prevent any licensed social worker, licensed psychologist, or licensed marriage and family therapist from practicing professional counseling in this State as long as the person is not in any manner held out to the public as a "genetic counselor" or "licensed genetic counselor" and does not hold out the person's services as being genetic counseling. [L 2009, c 191, pt of §2]
Haw. Rev. Stat. § 448B-12 — HI Code / Division 2 / Title 25 / Chapter 448B / Section 448B-12
Prohibited acts; penalties.
Status: in_force

(a) No person shall:

(1) Use in connection with the person's name any designation tending to imply that the person is a licensed dietitian unless the person is duly licensed and authorized under this chapter; or

(2) Represent oneself as a licensed dietitian during the time the person's license issued under this chapter is forfeited, inactive, terminated, suspended, or revoked.

(b) Any person who violates this section shall be subject to a fine of not more than $1,000 and each day's violation shall be deemed a separate offense. [L 2000, c 280, pt of §2]
Haw. Rev. Stat. § 457 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457
‑6 REPEALED.
Status: repealed

§457‑6 REPEALED. L 1992, c 202, §216.
Haw. Rev. Stat. § 440E-1 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-1
Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

"Amateur mixed martial arts contest" means a mixed martial arts contest in which no money, purse, or other form of monetary compensation is offered or given to contestants and the contestants are at least eighteen years of age.

"Amateur mixed martial arts contestant" means a person who is trained in mixed martial arts, competes in an amateur mixed martial arts contest, and is at least eighteen years of age.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Manager" means any person who:

(1) Undertakes or has undertaken to represent in any way the interests of any mixed martial arts contestant in procuring, arranging, or conducting any contest in which the mixed martial arts contestant is to participate; provided that "manager" shall not include an attorney licensed to practice in this State in the attorney's legal representation of a mixed martial arts contestant; or

(2) Directs or controls the mixed martial arts activities of the mixed martial arts contestant.

"Mixed martial arts" means unarmed combat involving the use, subject to any applicable limits set forth in this chapter and any rules adopted to implement these limits, of a combination of techniques, including grappling, kicking, and striking, from different disciplines of martial arts. For purposes of this chapter, kickboxing, pankration, muay Thai, and xtreme martial arts shall be considered "mixed martial arts".

"Mixed martial arts contest" or "contest" means a contest or exhibition in a mixed martial arts event in which a mixed martial arts contestant competes with another mixed martial arts contestant, using mixed martial arts, and includes an amateur mixed martial arts contest.

"Mixed martial arts contestant" or "contestant" means a person who is trained in mixed martial arts and competes in a mixed martial arts contest.

"Mixed martial arts event" or "event" means one or more mixed martial arts contests held at the same location on the same date.

"No rules combat, extreme fighting, or similar contest" means a contest or exhibition performed in this State in which the contestants are permitted to use, with few or no rules or restrictions, a combination of combative contact techniques, including punches, kicks, chokes, joint locks, and other maneuvers, with or without the use of weapons, that place contestants at an unreasonably high risk of bodily injury or death whether or not for any money, prize, reward, purse, or other compensation, or promise thereof; provided that the term does not include a contest involving the exclusive use of boxing, wrestling, kickboxing, martial arts, or mixed martial arts.

"Professional mixed martial arts contestant" means a person who is trained in mixed martial arts and competes in a mixed martial arts contest in which money, a prize, or purse, or other form of monetary compensation is offered or given to contestants.

"Promoter" means an individual, corporation, joint venture, partnership, limited liability corporation, limited liability partnership, or any other type of business entity that promotes, conducts, holds, or gives a mixed martial arts contest. [L 2007, c 279, pt of §1; am L 2010, c 117, §2; am L 2012, c 102, §1]
Haw. Rev. Stat. § 457B-2 — HI Code / Division 2 / Title 25 / Chapter 457B / Section 457B-2
Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

"Administrator" means the individual responsible for planning, organizing, directing, and controlling of the operation of a nursing home.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Nursing home" means any nursing facility licensed by the department of health.

"Practice of nursing home administration" means the planning, organizing, directing, or controlling of the operation of a nursing home. [L 1970, c 63, pt of §1; am L 1994, c 184, §3; am L 1997, c 235, §2]

Revision Note

Numeric designations deleted and definitions rearranged.
Haw. Rev. Stat. § 452-3 — HI Code / Division 2 / Title 25 / Chapter 452 / Section 452-3
Massage therapy establishments to be licensed.
Status: in_force

No massage therapy establishment shall be operated unless it has been duly licensed as provided for in this chapter.
Haw. Rev. Stat. § 454M-7 — HI Code / Division 2 / Title 25 / Chapter 454M / Section 454M-7
License sanctions; cease and desist and other orders.
Status: in_force

(a) In addition to any other actions authorized by law, the commissioner may suspend; revoke; deny; condition in any manner; or refuse to renew, reinstate, or restore, any license issued under this chapter, or fine any person holding a license issued under this chapter, for any violation of this chapter. All such orders shall be made pursuant to chapter 91, except as provided by section 454M‑8.7 or another provision of this chapter.

(b) If the commissioner finds that a violation of this chapter or a rule adopted or an order issued under this chapter by a licensee is likely to cause immediate and irreparable harm to the licensee, the licensee's customers, or the public as a result of the violation, or is likely to cause insolvency or significant dissipation of assets of the licensee, then the commissioner may issue an order requiring the licensee to cease and desist from the violation. The order becomes effective upon service of the order upon the licensee.

(c) The commissioner may enter into a consent order at any time with a person to resolve a matter arising under this chapter. A consent order shall be signed by the person to whom the order is issued or by the person's authorized representative and shall indicate agreement with the terms of the order. A consent order may provide that it does not constitute an admission by a person that this chapter or a rule adopted or an order issued under this chapter has been violated. [L 2009, c 106, pt of §1; am L 2019, c 75, §3]
Haw. Rev. Stat. § 461J-11 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-11
REPEALED.
Status: in_force

L 1992, c 202, §227.
Haw. Rev. Stat. § 468M-9 — HI Code / Division 2 / Title 25 / Chapter 468M / Section 468M-9
Client trust accounts; maintenance of and withdrawal from accounts.
Status: in_force

(a) Within three business days of receipt, an activity desk shall deposit all sums received from a consumer for excursions or activities offered by the activity desk in a trust account maintained in a federally insured financial institution located in Hawaii. All sums paid by any person to an activity desk for activities furnished by an activity provider shall be held in trust for the benefit of the person making the payment and the activity provider. The activity desk shall be considered the trustee of the funds paid into the client trust account, less any commission.

(b) The trust account required by this section shall be established and maintained for the benefit of the consumers paying money to the activity desk and the activity provider. The activity desk shall not in any manner encumber the amounts in trust and shall not withdraw money therefrom except:

(1) In partial or full payment to the activity provider directly providing the services for excursion or activities; or

(2) To make refunds as required by this chapter.

(c) This section shall not prevent the withdrawal from the trust account of:

(1) The amount of the sales commission, up to a maximum of fifteen per cent;

(2) Any interest earned and credited to the trust account;

(3) Refunds; or

(4) Remaining funds of a consumer once the activity provider has been paid.

(d) At the time of registration, the activity desk shall file with the department the account number and the name of the financial institution at which the trust account is held or submit a bond or letter of credit as provided in section 468M-10. The activity desk shall notify the department of any change in the account number or location within one business day of the change. [L 1991, c 240, pt of §1, §§2, 4; ren and am L 1992, c 231, pt of §2, §§3, 6; am L 1995, c 174, §§1, 2; am L 1998, c 248, §§1, 2; am L 2010, c 150, §3]
Haw. Rev. Stat. § 458-13 — HI Code / Division 2 / Title 25 / Chapter 458 / Section 458-13
Acts prohibited.
Status: in_force

It shall be unlawful to do any of the following:

(1) To engage in the occupation of dispensing optician without first having been issued a dispensing optician license under this chapter;

(2) To advertise in any manner that would tend to mislead or deceive the public;

(3) To dispense, furnish, or supply the services and appliances to the intended wearer or user thereof, except upon a prescription issued by a licensed physician or optometrist; provided that duplications, replacements, reproductions, and repetitions without change in the refractive value may be done without prescription by individuals holding a license of dispensing optician issued under this chapter;

(4) To fit or duplicate, or offer, undertake, or attempt to fit or duplicate, hard and soft contact lenses or artificial eyes except under the written orders and personal supervision of an ophthalmologist or optometrist;

(5) For a dispensing optician to grant, allow, credit, or pay, directly or indirectly, openly or secretly, any price differential, rebate, refund, discount, commission, credit, kickback, or other allowance, whether in the form of money or otherwise, to any oculist, optometrist, physician, or practitioner of any other profession for or on account of:

(A) The referring or sending by any oculist, optometrist, physician, or practitioner to the dispensing optician of any person for the rendition of any of the services performed or articles or appliances furnished by a dispensing optician as described in section 458-1; or

(B) The rendition of any services or the furnishing of any articles or appliances to a person so referred or sent by any oculist, optometrist, physician, or practitioner.

Every scheme, agreement, undertaking, arrangement, or device shall also be deemed in violation of section 481-7. The license of every dispensing optician who violates this paragraph shall be revoked; or

(6) For a dispensing optician to permit any unlicensed person to take facial measurements or to fit or adjust lenses or frames or duplicate frames unless the unlicensed person is acting under the direct personal supervision of a licensed dispensing optician. "Direct personal supervision" means the licensed optician is present on the premises of the optical dispensing establishment and is available for consultation by the unlicensed person. [L 1949, c 183, pt of §1; RL 1955, §69-13; am L 1963, c 38, §1; HRS §458-13; am L 1979, c 163, §1; am L 1981, c 86, §7; am L 1984, c 202, §4; am L 1987, c 300, §15; am L 1997, c 301, §10; am L 2021, c 230, §17]
Haw. Rev. Stat. § 457-15 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-15
Injunctive relief.
Status: in_force

The practice of nursing as a registered nurse or as a licensed practical nurse by any person who has not been issued a license under this chapter or whose license has been suspended or revoked or has expired is declared to be inimical to the public welfare and to constitute a public nuisance. The board of nursing may, through the attorney general, apply for an injunction in any court of competent jurisdiction to enjoin any person who has not been issued a license or whose license has been suspended or revoked or expired, from practicing nursing as a registered nurse or as a licensed practical nurse; and, upon the filing of a verified petition in court, the court or any judge thereof, if satisfied by affidavit, or otherwise, that the person is or has been practicing nursing as a registered nurse or as a licensed practical nurse without having been issued a license, or after the person's license has been suspended or revoked or expired, may issue a temporary injunction, without notice or bond, enjoining the defendant from further practicing nursing as a registered nurse or as a licensed practical nurse. A copy of the verified petition shall be served upon the defendant and the proceedings shall thereafter be conducted as in other civil cases. If it be established that the defendant has been or is practicing nursing as a registered nurse or as a licensed practical nurse without having been issued a license or has been or is practicing nursing as a registered nurse or as a licensed practical nurse after the defendant's license has been revoked, or expired, the court, or any judge thereof, may enter a decree perpetually enjoining the defendant from further practicing nursing as a registered nurse or as a licensed practical nurse. In case of violation of any injunction issued under this section, the court, or any judge thereof, may summarily try and punish the offender for contempt of court. The injunction proceedings shall be in addition to, and not in lieu of, all penalties and other remedies provided in this chapter.
Haw. Rev. Stat. § 468L-2.6 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-2.6
Revocation, suspension, and renewal of registration.
Status: in_force

In addition to any other action authorized by law, the director may revoke, suspend, or refuse to renew the registration of any travel agency or charter tour operator that violates this chapter.
Haw. Rev. Stat. § 443B-4.60 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-4.60
Collecting without a registration.
Status: in_force

Any collection agency whose registration has been terminated but continues to conduct business as a collection agency shall be engaging in an unregistered activity, and any agency so engaged, and any employee or agent of the agency who engages in an unregistered activity, shall be subject to the sanctions provided in this chapter. Nothing in this chapter shall be deemed to limit or prohibit other available civil or criminal actions against an agency engaged in an unregistered activity or any employee or agent of the agency engaged in an unregistered activity.
Haw. Rev. Stat. § 449-14 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-14
Fees.
Status: in_force

(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 initial issuance of an escrow depository license, $2,000;

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

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

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

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

(7) 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;

(8) For reissuance of a license for a change in the licensee's name, $50;

(9) For an application for a proposed change in control of the licensee, $5,000; and

(10) 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; am L 2016, c 224, §6]
Haw. Rev. Stat. § 448B-7 — HI Code / Division 2 / Title 25 / Chapter 448B / Section 448B-7
Issuance of license.
Status: in_force

The director shall issue a license to any person who meets the requirements of this chapter, upon payment of the prescribed fees.
Haw. Rev. Stat. § 467-26 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-26
Penalty.
Status: in_force

Any person violating this chapter shall be fined not more than $5,000 for each violation.
Haw. Rev. Stat. § 444-26 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-26
Contractors recovery fund; use of fund; person injured; fees.
Status: in_force

(a) The board is authorized to establish and maintain a contractors recovery fund from which any person injured by an act, representation, transaction, or conduct of a duly licensed contractor that is in violation of this chapter or the rules adopted pursuant thereto may recover, by order of the circuit court or district court of the judicial circuit where the violation occurred, an amount of not more than $12,500 per contract, regardless of the number of persons injured under the contract, for damages sustained from the act, representation, transaction, or conduct. Recovery from the fund shall be limited to the actual damages suffered by the claimant, including court costs and fees as set by law and reasonable attorney fees as determined by the court; provided that recovery from the fund shall not be awarded to persons injured by an act, representation, transaction, or conduct of a contractor whose license was suspended, revoked, forfeited, terminated, or in an inactive status at the time the claimant entered into the contract with the contractor.

(b) For purposes of this chapter, "person injured" or "injured person" means and is limited to owners or lessees of private residences, including condominium or cooperative units, who have contracted with a duly licensed contractor for the construction of improvements or alterations to the owners' or lessees' own private residences and owners or lessees of real property who have contracted with a duly licensed contractor for the construction of the owners' or lessees' own private residences on the owners' or lessees' real property.

(c) When any person applies for a contractors license, the person shall pay, in addition to the person's original license fee, a fee of $150 for deposit in the contractors recovery fund and a fee for deposit in the contractors education fund as provided in rules adopted by the director pursuant to chapter 91. If the board does not issue the license, these fees shall be returned to the applicant. [L 1973, c 170, pt of §1; am L 1976, c 144, §1; am L 1977, c 127, §1 and c 152, §2; am L 1983, c 201, §4; gen ch 1985; am L 1989, c 209, §1; am L 1994, c 132, §2; am L 1995, c 20, §8; am L 2019, c 29, §§7, 18(2); am L 2020, c 12, §§1, 8; am L 2021, c 230, §15]
Haw. Rev. Stat. § 454F-23 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-23
Payment of fees.
Status: in_force

All fees collected pursuant to section 454F-22, administrative fines, and other charges collected pursuant to this chapter, except fees designated for deposit into the mortgage loan recovery fund shall be deposited into the compliance resolution fund established pursuant to section 26-9(o) and shall be payable through NMLS, to the extent allowed by NMLS. Fees not eligible for payment through NMLS shall be deposited into a separate account within the compliance resolution fund for use by the division.
Haw. Rev. Stat. § 444-16.5 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-16.5
Bond.
Status: in_force

The contractors license board may require each licensee, applicant, individual or corporate, who is a specialty contractor to put up bond in the sum of not less than $5,000 executed by the licensee or applicant as principal and by a surety company authorized to do business in the State as surety.

The board may require each licensee, applicant, individual or corporate, who is a general contractor to put up a bond in the sum of not less than $5,000 executed by the licensee or applicant as principal and by a surety company authorized to do business in the State as surety.

The board, in exercising its discretion, shall take into consideration the licensee's or applicant's financial condition and experience in the field.

The bond shall be in a form as the board may prescribe, conditioned upon the payment of wages, as defined in section 104-1, to the employees of the contractor or any other person or entity entitled to wages when due, and giving employees or any other person or entity entitled to wages who have not been paid a right of action on the bond in their own names; and upon the honest conduct of the business of the licensee, and upon the right of any person injured or damaged by any wrongful act of the licensee to bring an action on the bond; provided that any claim for wages shall have priority over all other claims. [L 1969, c 234, §1; gen ch 1985; am L 1986, c 319, §2; ree L 1988, c 141, §50; am L 2015, c 165, §3]
Haw. Rev. Stat. § 454F-4 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-4
License and registration; application; issuance.
Status: in_force

(a) Applicants for a license shall apply in a form as prescribed by NMLS or by the commissioner.

(b) To fulfill the purposes of this chapter, the commissioner may enter into agreements or contracts with NMLS or other entities to use NMLS to collect and maintain records and process transaction fees or other fees related to licensees or other persons subject to this chapter.

(c) For the purpose and the extent necessary to participate in NMLS, the commissioner may waive or modify, in whole or in part, by rule or order, any or all of the requirements of this chapter and establish new requirements as reasonably necessary to participate in NMLS.

(d) In connection with an application for a license under this chapter, the applicant, at a minimum, shall furnish to NMLS information concerning the applicant's identity, including:

(1) Fingerprints of the applicant or, if an applicant is not an individual, each of the applicant's control persons, executive officers, directors, general partners, and managing members for submission to the Federal Bureau of Investigation and any governmental agency or entity authorized to receive the fingerprints for a state, national, and international criminal history background check, accompanied by the applicable fee charged by the entities conducting the criminal history background check; and

(2) Personal history and experience of the applicant or, if an applicant is not an individual, each of the applicant's control persons, executive officers, directors, general partners, and managing members in a form prescribed by NMLS including the submission of authorization for NMLS and the commissioner to obtain:

(A) An independent credit report obtained from a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act, title 15 United States Code section 1681 et seq.; and

(B) Information related to any administrative, civil, or criminal findings by any governmental jurisdiction;

provided that the commissioner may use any information obtained pursuant to this subsection or through NMLS to determine an applicant's demonstrated financial responsibility, character, and general fitness for licensure.

(e) The commissioner may use NMLS as an agent for requesting information from and distributing information to the Department of Justice or any governmental agency.

(f) The commissioner may use NMLS as an agent for requesting and distributing information to and from any source directed by the commissioner.

(g) An applicant for a license as a mortgage loan originator company that is a person other than an individual shall be registered with the business registration division of the department of commerce and consumer affairs to do business in this State before a license pursuant to this chapter shall be granted. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §11; am L 2011, c 194, §5; am L 2013, c 168, §§7, 20; am L 2017, c 150, §4]
Haw. Rev. Stat. § 467E-1 — HI Code / Division 2 / Title 25 / Chapter 467E / Section 467E-1
Definitions.
Status: in_force

As used in this chapter:

"Continuing education courses" means courses approved by the National Association of Social Workers, the National Association of Social Workers Chapters, or the Association of Social Work Boards.

"Credit hour" means, except as otherwise provided, the value assigned to fifty minutes of instruction.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Ethic courses" include ethic theory, ethical reasoning, ethical principles, ethical dilemmas, and professional ethics.

"Exempt government employee" means an employee in a social worker position with any federal, state, or county government agency.

"Practice of social work" means applying the formal knowledge base, theoretical concepts, specific functional skills, and essential social values that are used to effect change in human behavior, emotional responses, and social conditions, and helping individuals, couples, families, groups, and community organizations enhance or restore their capacities for personal and social functioning while preventing and controlling social problems. Social work practice is the professional application of social work values, principles, ethics, and techniques in the following areas:

(1) Information, resource identification, referral services, mediation services, advocacy services, and education of individuals, groups, couples, and families;

(2) Preparation and evaluation of assessments and development and implementation of social work service plans;

(3) Case management, coordination, casework intervention, and monitoring of social work service plans in the areas of personal, social, or economic resources, conditions, or problems;

(4) Administration and development of social service programs, policies, community organization, planning, implementation, and involvement in the evaluation of social systems and social policies;

(5) Social work consultation and resource development;

(6) Research through the formal design and methodology of data collection and the analysis and evaluation of data, social work programs, social systems, and social policies;

(7) Psychosocial assessment, diagnostic impressions, treatment of individuals, couples, families, and groups, prevention of psychosocial dysfunction, disability, or impairment, including emotional, mental, and behavioral disorders, and evaluation of practice effectiveness; and

(8) Clinical diagnosis or psychotherapy, or both, provided by a licensed clinical social worker.

"Social worker" or "S.W." means a person who has been issued a license as a licensed bachelor social worker, licensed social worker, or licensed clinical social worker to practice within the scope of practice as provided in this chapter. [L 1994, c 251, pt of §2; am L 2001, c 229, §§2, 5; am L 2002, c 16, §29 and c 167, §§6, 17; am L 2013, c 183, §2]
Haw. Rev. Stat. § 437-25 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-25
Amended licenses.
Status: in_force

(a) Prior to entering the employ of a dealer, other than the one for which the salesperson's license was issued, a salesperson shall apply to the board for an amended license authorizing the new employment. Prior to moving or amending the premises or adding branch locations of a business for which a license was issued under this chapter, the holder shall apply for an amended license authorizing the change.

(b) The executive officer of the board is authorized to issue the amended license of a salesperson subject to the ratification by the board for the first three amendments to a license during the original term thereof. The board shall issue the fourth and following amendments to such license during the term of the original license. The executive officer may issue an amended license for new or amended premises or for additional branch locations of the business under a license subject to the board's ratification; provided that the executive officer may not issue an amended license when a prior amendment to the same license has not been acted upon by the board. Unless good cause exists, the amended license shall be freely issued for the remainder of the original term.

(c) The fees for amended licenses shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91. [L 1963, c 199, §1(1); Supp, §160-171.3; HRS §437-25; am L 1969, c 263, §1(14); am L 1984, c 7, §5; gen ch 1985, 1993; am L 1996, c 264, §8]
Haw. Rev. Stat. § 441-32 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-32
Delivery of agreement.
Status: in_force

The cemetery or pre-need funeral authority shall deliver a copy of any contract pertaining to cemetery property, pre-need interment or pre-need funeral services to the person or persons signing it at the time the signature is obtained; provided that only one copy need be delivered to the parties signing as co-tenants.
Haw. Rev. Stat. § 453D-1 — HI Code / Division 2 / Title 25 / Chapter 453D / Section 453D-1
Definitions.
Status: in_force

As used in this chapter, unless the context clearly requires otherwise:

"Accredited educational institution" means a university or college accredited by the Western Association of Schools and Colleges or a comparable regional body.

"Associate mental health counselor" or "licensed associate mental health counselor" [Definition effective July 1, 2026.] means a person who:

(1) Has completed all education requirements under section 453D-7.5(a)(1);

(2) Has been issued a provisional license under this chapter; and

(3) Is currently earning supervised clinical experience in mental health counseling under clinical supervision.

"Clinical supervision" [Definition effective until June 30, 2026. For definition effective July 1, 2026, see below.] means supervision applied to all individuals who are gaining the experience required for a license as a mental health counselor. "Clinical supervision" includes but is not limited to:

(1) Case consultation on the assessment and presenting problem;

(2) Development and implementation of treatment plans;

(3) Enhancement of the supervisee's counseling techniques and treatment evaluation skills; and

(4) Evaluation of the course of treatment.

"Clinical supervision" [Definition effective July 1, 2026. For definition effective until June 30, 2026, see above.] means supervision applied to all individuals who are gaining the experience required for a license as a mental health counselor or an associate mental health counselor. "Clinical supervision" includes but is not limited to:

(1) Case consultation on the assessment and presenting problem;

(2) Development and implementation of treatment plans;

(3) Enhancement of the supervisee's counseling techniques and treatment evaluation skills; and

(4) Evaluation of the course of treatment.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Licensed mental health counselor" means a person:

(1) Who engages in the practice of mental health counseling and uses the title of licensed mental health counselor;

(2) Who has been issued a license under this chapter; and

(3) Whose license is in effect and not revoked or suspended.

"Practice of mental health counseling" means the rendering of professional counseling services based on specialized education, training, and experience to individuals, families, or groups for compensation, monetary or otherwise. These professional counseling services include applying the respective principles, methods, and theories of counseling, human development, learning theory, group and family dynamics, rehabilitation, and the etiology of mental illness and dysfunctional behavior, and defining goals and developing a treatment plan of action aimed toward the prevention, treatment, and resolution of mental and emotional dysfunction and intra or interpersonal disorders to all persons irrespective of diagnosis. "Practice of mental health counseling" includes but is not limited to:

(1) The assessment, diagnosis, and treatment of, and counseling for, mental and emotional disorders;

(2) The assessment, diagnosis, and treatment of, and counseling for, substance abuse and conduct disorders defined in the approved diagnostic and statistical manual for mental disorders;

(3) The application of educational techniques aimed at the prevention of these disorders; and

(4) The provision of consultative services to individuals, couples, families, groups, organizations, and communities. [L 2004, c 209, pt of §2; am L 2006, c 14, §1; am L 2008, c 206, §1; am L 2024, c 93, §12]
Haw. Rev. Stat. § 454F-7 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-7
Testing of mortgage loan originators.
Status: in_force

(a) To meet the written test requirement in section 454F-5, an applicant for licensure as a mortgage loan originator shall pass, in accordance with the standards established under this section, a qualified written test developed by NMLS and administered by a test provider approved by NMLS based upon reasonable standards.

(b) A written test shall not be treated as a qualified written test for purposes of subsection (a) unless the test adequately measures the applicant's knowledge and comprehension in appropriate subject areas, including:

(1) Ethics;

(2) Federal law and regulations pertaining to mortgage origination;

(3) The State's law and rules pertaining to mortgage origination; and

(4) Federal and the State's law, rules, and regulations, including instruction on fraud, consumer protection, the nontraditional mortgage marketplace, and fair lending issues.

(c) Nothing in this section shall prohibit a test provider approved by NMLS from providing a test at the location of the employer of the applicant, the location of any subsidiary or affiliate of the employer of the applicant, or the location of any entity with which the applicant holds an exclusive arrangement to conduct the business of a mortgage loan originator.

(d) An individual shall have passed a qualified written test if the individual achieves a test score of seventy-five per cent of the correct answers to questions or better. An individual may take a test three times with each retest occurring at least thirty days after the preceding test. After failing three consecutive tests, an individual shall wait at least six months before taking the test again. A licensed mortgage loan originator who fails to maintain a valid license for a period of five years or longer not taking into account any time during which the individual is an exempt registered mortgage loan originator, shall retake the test. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §14; am L 2013, c 168, §9; am L 2016, c 122, §10]
Haw. Rev. Stat. § 454F-18 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-18
Powers of commissioner.
Status: in_force

(a) The commissioner may adopt rules pursuant to chapter 91 as the commissioner deems necessary for the administration of this chapter.

(b) In addition to any other powers provided by law, the commissioner shall have the authority to:

(1) Administer and enforce the provisions and requirements of this chapter;

(2) Adopt, amend, or repeal rules and issue declaratory rulings or informal nonbinding interpretations;

(3) Develop requirements for licensure through rules, including establishing the content of the written tests required under section 454F-7;

(4) Investigate and conduct hearings regarding any violation of this chapter or any rule or order of, or agreement with, the commissioner;

(5) Create fact-finding committees that may make recommendations to the commissioner for the commissioner's deliberations;

(6) Require an applicant or any of its control persons, executive officers, directors, general partners, and managing members to disclose their relevant criminal history and request a criminal history record check in accordance with chapter 846;

(7) Contract with or employ qualified persons, including investigators, examiners, or auditors who may be exempt from chapter 76 and who shall assist the commissioner in exercising the commissioner's powers and duties;

(8) Require that all fees, fines, and charges collected by the commissioner under this chapter, except for fees designated for deposit into the mortgage loan recovery fund pursuant to section 454F-41, be deposited into the compliance resolution fund established pursuant to section 26-9(o);

(9) Process and investigate complaints, subpoena witnesses and documents, administer oaths, and receive affidavits and oral testimony, including telephonic communications, and do any and all things necessary or incidental to the exercise of the commissioner's power and duties, including the authority to conduct contested case proceedings under chapter 91; and

(10) Require a licensee to comply with any rule, guidance, guideline, statement, supervisory policy or any similar proclamation issued or adopted by the Federal Deposit Insurance Corporation to the same extent and in the same manner as a bank chartered by the State or in the alternative, any policy position of the Conference of State Bank Supervisors. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §23; am L 2017, c 150, §8]
Haw. Rev. Stat. § 452-1 — HI Code / Division 2 / Title 25 / Chapter 452 / Section 452-1
Definitions.
Status: in_force

For the purpose of this chapter, the following definitions shall be adopted:

"Board" means the board of massage therapy created under this chapter.

"Massage", "massage therapy", and "Hawaiian massage" commonly known as lomilomi, means any method of treatment of the superficial soft parts of the body, consisting of rubbing, stroking, tapotement, pressing, shaking, or kneading with the hands, feet, elbow, or arms, and whether or not aided by any mechanical or electrical apparatus, appliances, or supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. Any mechanical or electrical apparatus used as described in this chapter shall be approved by the United States Food and Drug Administration.

"Massage therapist" means any person who engages in the occupation or practice of massage for compensation.

"Massage therapist apprentice" means any person who engages in the occupation or practice of massage under the direct supervision of a sponsoring massage therapist who is employed by or registered with an approved massage establishment.

"Massage therapist student" means any person who engages in the study or practice of massage therapy who is under the direct supervision of the teacher in a school setting.

"Massage therapy establishment" means premises occupied and used for the purpose of practicing massage therapy or massage therapy training; provided that when any massage therapy establishment is situated in any building used for residential purposes, the massage therapy establishment premises shall be set apart and shall not be used for any other purpose.

"Principal massage therapist" means a massage therapist designated by an establishment or an out-call massage service as the person in charge. [L 1947, c 192, §1; RL 1955, §63-1; HRS §452-1; am L 1980, c 208, §3; am L 1981, c 65, §1; am L 1987, c 190, §2; am L 1989, c 204, §1; am L 1990, c 205, §1; am L 2016, c 146, §2]
Haw. Rev. Stat. § 461-11.9 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-11.9
[ §461-11.
Status: in_force

[ §461-11.9] Refills without practitioner's authorization during state of emergency. (a) During a declared state of emergency pursuant to section 127A-14, a prescription for persons directly impacted by the emergency may be refilled up to a thirty-day supply without the practitioner's authorization if the practitioner is unavailable to authorize the refill and if, in the registered pharmacist's professional judgment, failure to refill the prescription may interrupt the patient's ongoing care and have a significant adverse effect on the patient's well-being .

(b) Before refilling a prescription pursuant to this section, the registered pharmacist shall make every reasonable effort to contact the practitioner. The registered pharmacist shall make an appropriate record, including the basis for proceeding under this section.

(c) The registered pharmacist shall inform the patient that the prescription was refilled pursuant to this section.

(d) The registered pharmacist shall notify the practitioner no later than twenty-four hours after the dispensing of any refills pursuant to this section. Notification to a practitioner under this subsection may be made by phone, facsimile, or electronic mail.

(e) The practitioner who issued a prescription shall not incur any liability as the result of a registered pharmacist refilling that prescription pursuant to this section.

(f) Notwithstanding any law to the contrary, a person may possess a substance dispensed pursuant to this section.

(g) Nothing in this section shall authorize a registered pharmacist to refill a prescription for a controlled substance as defined in section 329-1. [L 2024, c 100, §2]
Haw. Rev. Stat. § 437B-7 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-7
License required.
Status: in_force

On or after January 1, 1976, it shall be unlawful for any person to engage in the repair of motor vehicles for compensation without being licensed as a motor vehicle repair dealer or motor vehicle mechanic in accordance with this chapter. Every motor vehicle repair dealer shall be a motor vehicle mechanic or shall have at least one motor vehicle mechanic in the dealer's employ. No motor vehicle mechanic shall engage in the repair of motor vehicles unless that person is also licensed as a motor vehicle repair dealer or unless that person is in the employ of a motor vehicle repair dealer.
Haw. Rev. Stat. § 457-12 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-12
Discipline; grounds; proceedings; hearings.
Status: in_force

(a) In addition to any other actions authorized by law, the board shall have the power to deny, revoke, limit, or suspend any license to practice nursing as a registered nurse or as a licensed practical nurse applied for or issued by the board in accordance with this chapter, and to fine or to otherwise discipline a licensee for any cause authorized by law, including but not limited to the following:

(1) Fraud or deceit in procuring or attempting to procure a license to practice nursing as a registered nurse or as a licensed practical nurse;

(2) Gross immorality;

(3) Unfitness or incompetence by reason of negligence, habits, or other causes;

(4) Habitual intemperance, addiction to, or dependency on alcohol or other habit-forming substances;

(5) Mental incompetence;

(6) Unprofessional conduct as defined by the board in accordance with its own rules;

(7) Wilful or repeated violation of any of the provisions of this chapter or any rule adopted by the board;

(8) Revocation, suspension, limitation, or other disciplinary action by another state of a nursing license, except when the revocation, suspension, limitation, or other disciplinary action by another state was based on the provision or assistance in receipt or provision of medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy, so long as the provision or assistance in receipt or provision of the services was in accordance with the laws of this State or would have been in accordance with the laws of this State if it occurred within this State;

(9) Conviction, whether by nolo contendere or otherwise, of a penal offense substantially related to the qualifications, functions, or duties of a nurse, notwithstanding any statutory provision to the contrary, except when the conviction was based on the provision or assistance in receipt or provision of medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy, so long as the provision or assistance in receipt or provision of the services was in accordance with the laws of this State or would have been in accordance with the laws of this State if it occurred within this State;

(10) Failure to report to the board any disciplinary action taken against the licensee in another jurisdiction within thirty days after the disciplinary action becomes final;

(11) Submitting to or filing with the board any notice, statement, or other document required under this chapter, which is false or untrue or contains any material misstatement of fact, including a false attestation of compliance with continuing competency requirements; or

(12) Violation of the conditions or limitations upon which any license is issued.

(b) Notwithstanding any other law to the contrary, the board may deny a license to any applicant who has been disciplined by another state, except on the basis of discipline by another state for the provision or assistance in receipt or provision of medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy, so long as the provision or assistance in receipt or provision of the services was in accordance with the laws of this State or would have been in accordance with the laws of this State if it occurred within this State. Any final order entered pursuant to this subsection shall be a matter of public record.

(c) Any fine imposed by the board after a hearing in accordance with chapter 91 shall be no less than $100 and no more than $1,000 for each violation.

(d) The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. [L 1970, c 71, pt of §1; am L 1973, c 31, §20; am L 1974, c 205, §2(17); am L 1983, c 119, §9; am L 1986, c 27, §1; am L 1992, c 202, §111; am L 2015, c 127, §4; am L 2016, c 38, §8; am L 2017, c 66, §§4, 6; am L 2023, c 2, §10]
Haw. Rev. Stat. § 466K-3 — HI Code / Division 2 / Title 25 / Chapter 466K / Section 466K-3
Powers and duties of the director.
Status: in_force

In addition to any other powers and duties authorized by law, the director shall have the following powers and duties:

(1) To grant permission to practice as a certified real estate appraiser in this State pursuant to this chapter and 12 United States Code §3301 et seq. and the rules and regulations adopted pursuant thereto;

(2) To adopt, amend, or repeal rules as the director finds necessary to effectuate fully this chapter and 12 United States Code §3301 et seq.;

(3) To enforce this chapter and 12 United States Code §3301 et seq. and rules and regulations adopted pursuant thereto;

(4) To discipline a certified real estate appraiser for any cause prescribed by this chapter or 12 United States Code §3301 et seq. or for any violation of the rules and regulations and refuse to grant a person permission to practice as a certified real estate appraiser for any cause that would be grounds for disciplining a certified real estate appraiser;

(5) To act as the designated representative of this State to implement 12 United States Code §3301 et seq.; and

(6) To appoint an advisory committee to assist with the implementation of this chapter and 12 United States Code §3301 et seq. and the rules and regulations adopted pursuant thereto. [L 1989, c 188, pt of §1; am L 1990, c 346, §2; am L 1992, c 202, §166]
Haw. Rev. Stat. § 443B-8 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-8
Manner in which records, funds, and other forms of indebtedness are to be kept by collection agencies.
Status: in_force

(a) Every collection agency shall keep and maintain a permanent record or have immediate access to copies of the permanent record of all funds and other forms of indebtedness collected by it, and of all disbursements. Every collection agency shall maintain and keep a record of all clients' funds or have immediate access to copies of the record. No person wilfully shall make any false entry in any collection agency record, or intentionally mutilate, destroy, conceal, or in any way dispose of any record.

(b) A collection agency shall not commingle the money of its clients with its own, but shall maintain a separate trust account for clients' funds in a federally insured financial institution. [L 1987, c 191, pt of §1; am L 1990, c 246, §9]
Haw. Rev. Stat. § 474-3 — HI Code / Division 2 / Title 25A / Chapter 474 / Section 474-3
General functions; powers and duties.
Status: in_force

The center shall have the following functions, powers, and duties:

(1) Accept permit and license applications and associated fees on behalf of participating agencies in accordance with agreements reached with these agencies;

(2) Provide comprehensive information on permits and licenses required for business activities in the State;

(3) Facilitate contacts between the applicant and state agencies with permit and license functions;

(4) Research, compile, and maintain a file of state and federal laws and rules and county ordinances and rules applicable to the various business activities for which permits and licenses are required, including but not limited to laws relating to employer requirements in such areas as state taxes, workers' compensation, and unemployment insurance;

(5) Research, compile, and maintain a file of various financial assistance programs available for business activities in the State;

(6) Encourage and facilitate the cooperation and participation of federal and county government agencies in permit and license coordination;

(7) Promote and publicize the center's services to the public, and provide information on its services for inclusion in any public informational material for permits and licenses provided by a state agency;

(8) Make recommendations to state agencies for eliminating, consolidating, simplifying, expediting, or otherwise improving permit and license procedures affecting business activities;

(9) Adopt rules, procedures, instructions, and forms as are necessary to carry out the functions, powers, and duties of the center; and

(10) Accept credit card payments and facsimile or digitized signatures for business permit, license, or registration filing fees, as authorized by the issuing agency. [L 2005, c 62, pt of §2]
Haw. Rev. Stat. § 445-96 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-96
Penalty.
Status: in_force

(a) Any person who violates or fails to observe any of the requirements or conditions of this chapter shall be fined not less than $100 nor more than $1,000 per day of violation for each violation.

(b) Any person who intentionally or knowingly obstructs or interferes with the progress of any authorized inspection pursuant to this chapter shall be guilty of a misdemeanor. [L 1896, c 64, §72; RL 1925, §2057; RL 1935, §2479; RL 1945, §7082; RL 1955, §155-63; HRS §445-96; gen ch 1985; am L 1986, c 149, §6; am L 1987, c 333, §7; am L 1990, c 164, §18; am L 2001, c 35, §6]
Haw. Rev. Stat. § 440G-3 — HI Code / Division 2 / Title 25 / Chapter 440G / Section 440G-3
Definitions.
Status: in_force

As used in this chapter, unless the context clearly requires otherwise:

"Access organization" means any nonprofit organization designated by the director to oversee the development, operation, supervision, management, production, or broadcasting of programs for any channels obtained under section 440G-8, and any officers, agents, and employees of such an organization with respect to matters within the course and scope of their employment by the access organization.

"Applicant" means a person who initiates an application or proposal.

"Application" means an unsolicited filing.

"Basic cable service" means any service tier which includes the retransmission of local television broadcast signals.

"Cable franchise" means a nonexclusive initial authorization or renewal thereof issued pursuant to this chapter, whether the authorization is designated as a franchise, permit, order, contract, agreement, or otherwise, which authorizes the construction or operation of a cable system.

"Cable operator" means any person or group of persons who:

(1) Provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in the cable system; or

(2) Otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system.

"Cable service" means:

(1) The one-way transmission to subscribers of video programming or other programming service; and

(2) Subscriber interaction, if any, that is required for the selection of video programming or other programming service.

"Cable system" means any facility within this State consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and is provided to multiple subscribers within a community, but does not include:

(1) A facility that serves only to retransmit the television signals of one or more television broadcast stations;

(2) A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless that facility or facilities uses any public right-of-way; or

(3) A facility of a public utility subject in whole or in part to the provisions of chapter 269, except to the extent that those facilities provide video programming directly to subscribers.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Facility" includes all real property, antenna, poles, supporting structures, wires, cables, conduits, amplifiers, instruments, appliances, fixtures, and other personal property used by a cable operator in providing service to its subscribers.

"Franchise area" or "service area" means the geographic area for which a cable operator has been issued a cable franchise.

"Institution of higher education" means an academic college or university accredited by the Western Association of Schools and Colleges.

"Other programming service" means information that a cable operator makes available to all subscribers generally.

"Person" means an individual, partnership, association, joint stock company, trust, corporation, or governmental agency.

"Proposal" means a filing solicited by the director.

"Public, educational, or governmental access facilities" means:

(1) Channel capacity designated for public, educational, or governmental uses; and

(2) Facilities and equipment for the use of that channel capacity.

"Public place" includes any property, building, structure, or water to which the public has a right of access and use.

"Public utilities commission" means the public utilities commission of this State.

"School" means an academic and noncollege type regular or special education institution of learning established and maintained by the department of education or licensed and supervised by that department.

"Video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. [L 1970, c 112, pt of §1; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1987, c 301, §3; am L 1991, c 294, §1; am L 2014, c 93, §2; am L 2021, c 230, §12]
Haw. Rev. Stat. § 459-7.5 — HI Code / Division 2 / Title 25 / Chapter 459 / Section 459-7.5
Reciprocity.
Status: in_force

The board, by rules, shall provide for licensure of optometrists registered and licensed under the laws of any state or territory of the United States or any other jurisdiction with qualifications for licensure which equal or exceed those of this State.
Haw. Rev. Stat. § 468E-16 — HI Code / Division 2 / Title 25 / Chapter 468E / Section 468E-16
Penalties.
Status: in_force

Any person who violates any provision of this chapter or any rule or regulation promulgated thereunder shall be guilty of a petty misdemeanor, the fine for which shall be not more than $1,000.
Haw. Rev. Stat. § 452-12 — HI Code / Division 2 / Title 25 / Chapter 452 / Section 452-12
Application for examination.
Status: in_force

Each person who desires to practice the occupation of massage therapist shall file with the board a written application on a form prescribed and supplied by the board, and shall submit such credentials as may be required by this chapter or the rules adopted by the board, and shall also pay the board the required fees.
Haw. Rev. Stat. § 462A-9 — HI Code / Division 2 / Title 25 / Chapter 462A / Section 462A-9
Exhibition of license.
Status: in_force

A pilot, on boarding a vessel, and if required by the master thereof, shall exhibit the pilot's license or a photostatic copy thereof.
Haw. Rev. Stat. § 443B-11 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-11
Action on collection agency bond.
Status: in_force

If a collection agency has failed to account for and pay over the proceeds of any collection made, the client shall have, in addition to all other legal remedies, a right of action in the client's own name on the bond given pursuant to this chapter and the total of all recoveries from the sureties shall not exceed the face of the bond. Upon entering judgment for plaintiff in any action on the bond required by this chapter, for more than any sum which may have been tendered in court by the defendant, the court shall include in the judgment reasonable compensation for the services of plaintiff's attorney in the action.
Haw. Rev. Stat. § 467E-13 — HI Code / Division 2 / Title 25 / Chapter 467E / Section 467E-13
Prohibited acts; penalties.
Status: in_force

(a) No person shall:

(1) Use in connection with the person's name any designation tending to imply that the person is a social worker, licensed bachelor social worker, licensed social worker, or licensed clinical social worker unless the person is duly licensed and authorized under this chapter;

(2) Represent oneself as a social worker, licensed bachelor social worker, licensed social worker, or licensed clinical social worker during the time the person's license issued under this chapter is forfeited, terminated, suspended, or revoked;

(3) Perform clinical diagnosis or psychotherapy unless the person is a licensed clinical social worker; or

(4) Engage in autonomous and independent clinical social work practice without being licensed as a licensed clinical social worker.

(b) Any person who violates this section shall be subject to a fine of not more than $1,000 and each day's violation shall be deemed a separate offense. [L 1994, c 251, pt of §2; am L 2001, c 229, §§3, 5; am L 2002, c 16, §29 and c 167, §§15, 17]
Haw. Rev. Stat. § 437D-8 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-8
Rate disclosure requirements; oral or written statements.
Status: in_force

Each lessor, and each officer, employee, agent, or other representative of the lessor, who makes any oral statement, excluding telephonic communications, or written statement of the rental cost of a vehicle, shall disclose, in plain language and in conjunction with that statement, the daily rate of the applicable damage waiver and that the rate constitutes an additional daily charge to the lessee.
Haw. Rev. Stat. § 452-9 — HI Code / Division 2 / Title 25 / Chapter 452 / Section 452-9
Records of board.
Status: in_force

The board shall keep a record of all of its proceedings and activities including all applications, and the action taken thereon. The books and records of the board shall be prima facie evidence of matters therein contained. The provisions of chapter 92F shall prevail in the disclosure of information maintained by the board.
Haw. Rev. Stat. § 463-2 — HI Code / Division 2 / Title 25 / Chapter 463 / Section 463-2
Board of private detectives and guards; appointment; qualifications; term.
Status: in_force

Appointment and removal. There shall be a board of detectives and guards consisting of seven members, six of whom shall be nominated, and by and with the advice and consent of the senate, appointed by the governor. The terms of the members shall be for four years. Each term shall commence on July 1 and expire on June 30. No person shall be appointed consecutively to more than two terms, provided that membership shall not exceed eight consecutive years. The director of commerce and consumer affairs shall be an ex officio[,] nonvoting seventh member of the board and may designate a representative to sit in the director's stead.

Of the six appointed members, two shall be chiefs of police of any of the four counties, two shall be private citizens not engaged in any of the licensed practices, and two shall be persons actively engaged in any of the licensed practices; provided that one person shall be a licensed private detective and one person shall be a licensed guard. [L 1961, c 77, pt of §1; Supp, §165A-2; HRS §463-2; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1985, c 306, §1; gen ch 1985; am L 1986, c 11, §1 and c 130, §3; am L 1992, c 202, §146]
Haw. Rev. Stat. § 442-3 — HI Code / Division 2 / Title 25 / Chapter 442 / Section 442-3
Hawaii board of chiropractic.
Status: in_force

There shall be a board to be known as the "Hawaii board of chiropractic", that shall consist of five members. Three members of the board shall be licensees under this chapter and two shall be public members. As used in this chapter, "board" means the Hawaii board of chiropractic.

No person connected with any chiropractic school or college is eligible to appointment as a member of the board. Each member licensed under this chapter shall have practiced chiropractic for at least five years immediately prior to the date of appointment. [L 1925, c 99, §1; RL 1935, §961; RL 1945, §2072; am L 1949, c 57, §2; RL 1955, §60-3; am L Sp 1959 2d, c 1, §§5, 15; am L 1963, c 114, §3; HRS §442-3; am L 1978, c 208, §3; am L 1982, c 204, §8; am L 1984, c 240, §3 and c 243, §1; am L 1992, c 202, §55; am L 1993, c 322, §4; am L 2018, c 203, §§2, 3]
Haw. Rev. Stat. § 452-14 — HI Code / Division 2 / Title 25 / Chapter 452 / Section 452-14
Examination.
Status: in_force

The department of commerce and consumer affairs or the board may contract with professional testing services to prepare, administer, and grade the examination for applicants as may be required for the purposes of this chapter. The examination of applicants for a license to practice massage shall be conducted under rules prescribed by the board and shall consist of a written examination which is not confined to any specific system or method and which is consistent with the practical and theoretical requirements of the occupation as provided by this chapter.
Haw. Rev. Stat. § 469-5 — HI Code / Division 2 / Title 25 / Chapter 469 / Section 469-5
Disposition of fees.
Status: in_force

All fees collected by the board shall be deposited by the department of health with the director of finance to the credit of the general fund.
Haw. Rev. Stat. § 467B-10.5 — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B-10.5
Violation as unfair practice.
Status: in_force

Any person who engages in an act or practice that violates this chapter or rules adopted or issued shall have engaged in an unfair or deceptive act or practice in the conduct of a trade or commerce, in violation of section 480-2, and shall be subject to the penalties and remedies provided for such a violation.
Haw. Rev. Stat. § 441-46 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-46
Surrender of license.
Status: in_force

(a) A pre-need authority licensee covered under this chapter may seek to terminate all further responsibilities for compliance with the requirements of this chapter by voluntarily offering to surrender its license to the director with a sworn statement to that effect. The statement shall be accompanied by an affidavit that the licensee has lawfully expended or refunded all pre-need trust funds accepted by the person or made provisions to transfer the pre-need trust funds subject to the obligations related thereto to another person subject to approval of the director, and that the pre-need authority surrendering the license will accept no additional pre-need payments.

(b) A cemetery authority licensee covered under this chapter may seek to terminate all further responsibilities for compliance with the requirements of this chapter by voluntarily offering to surrender its license to the director with a sworn statement to that effect. The statement shall be accompanied by an affidavit that the licensee has made provisions to have the trustee of the perpetual care fund provide for the perpetuity of the cemetery or to transfer the perpetual care fund subject to the obligations related thereto to another person subject to the approval of the director, and that the authority seeking to surrender the license will make no additional interments.

(c) The person proposed to receive the pre-need trust or perpetual care fund subject to the obligations related thereto shall meet and satisfy the requirements of section 441-21 prior to the director accepting the voluntary surrender of the pre-need or cemetery authority license and canceling or revoking the license. [L 1985, c 101, §27; am L 1988, c 73, §4]
Haw. Rev. Stat. § 441-23 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-23
Fine, revocation, suspension, and renewal of authority licenses.
Status: in_force

In addition to any other actions authorized by law, the director may fine an authority, revoke any authority license, or suspend the right of the licensee to use the license, or refuse to renew any license for any cause authorized by law, including but not limited to the following:

(1) Any dishonest or fraudulent act as a cemetery or pre-need funeral authority that causes substantial damage to another;

(2) Making repeated misrepresentations or false promises through advertising or otherwise;

(3) Violation of this chapter or the rules adopted pursuant thereto;

(4) Commingling the money or other property of others with that of the licensee;

(5) Having been adjudicated insane or incompetent;

(6) Selling or offering to sell any cemetery property, pre-need interment, funeral services, or pre-need funeral services based on speculation or promises of profit from resale;

(7) Failing to file the actuarial study or an audited financial statement or to maintain in effect the bond as required by section 441-22;

(8) Failing to maintain pre-need trusts or perpetual care funds as required by this chapter; or

(9) Violating section 441-22.7. [L 1967, c 199, pt of §1; HRS §441-23; am L 1969, c 242, §6; am L 1974, c 205, §2(7); am L 1975, c 21, §8; am L 1981, c 221, §9; am L 1982, c 66, §6; am L 1985, c 101, §9; am L 1992, c 202, §51; am L 1998, c 232, §4]
Haw. Rev. Stat. § 453-32.1 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-32.1
Renewal of licensure.
Status: in_force

(a) Every person holding a license under this part shall renew the license with the board no later than January 31 of each even-numbered year, pay a renewal fee, and comply with the continuing education requirements set forth in the board's rules.

(b) To determine compliance, the board may conduct a random audit. A person selected for audit shall be notified by the board. Within sixty days of notification, the person shall provide to the board documentation to verify compliance with the continuing education requirements.

(c) Failure to renew, pay the renewal fee, and, in the case of audited persons, provide documentation of compliance shall constitute a forfeiture of the license which may only be restored upon the submission of written application, payment to the board of a restoration fee, and in the case of audited persons, documentation of compliance.

(d) A license that has been forfeited for one renewal term shall be automatically terminated and cannot be restored, and a new application for licensure shall be required. [L 1989, c 181, §1; am L 2001, c 66, §2; am L 2021, c 119, §7]
Haw. Rev. Stat. § 447-3.5 — HI Code / Division 2 / Title 25 / Chapter 447 / Section 447-3.5
Educational requirements for intra-oral block anesthesia.
Status: in_force

(a) The applicant for certification to administer intra-oral block anesthesia shall show proof that the applicant successfully completed a course of study that shall include the following categories of intra-oral infiltration local anesthesia and intra-oral block anesthesia:

(1) Maxillary mandibular infiltration anesthesia;

(2) Long buccal nerve block anesthesia;

(3) Mental nerve block;

(4) Inferior alveolar/lingual nerve block;

(5) Incisive nerve block;

(6) Posterior superior alveolar nerve block;

(7) Middle superior alveolar nerve block;

(8) Anterior superior alveolar nerve block;

(9) Nasopalatine (incisive canal) nerve block; and

(10) Greater (anterior) palatine nerve block.

(b) A course of study shall also include didactic studies and clinical experience, and for intra-oral block anesthesia categories in subsection (a)(1) to (10), at least thirty-nine hours, and a minimum of fifty successful injections of which ten shall be in intra-oral block in subsection (a)(4) and five in intra-oral block in subsection (a)(6).

(c) The curriculum of the course of study shall include as follows:

(1) Cardiopulmonary resuscitation certification;

(2) Medical history evaluation procedures;

(3) Physical evaluation procedures;

(4) Anatomy of head, neck, and oral cavity as it relates to administering local anesthetic agents;

(5) Pharmacology of local anesthetics and vasoconstrictors;

(6) Indications and contraindications for administration of local anesthetics;

(7) Prevention, diagnosis, and management of medical emergency;

(8) Recognition and management of post-injection complications and management of reactions to injections;

(9) Medical and legal management complications;

(10) Selection and preparation of the armamenteria and recordkeeping for administering various local anesthetics;

(11) Methods of administering local anesthetics with emphasis on technique, which includes aspiration and slow injection, in addition to minimum effective dosage; and

(12) Proper infection control techniques with regard to local anesthesia and the proper disposal of sharps.

(d) As part of the course of study, the applicant or licensed dental hygienist shall be required to pass an examination to determine if the applicant or licensed dental hygienist has acquired the necessary knowledge and clinical proficiency to administer intra-oral block anesthesia.

(e) The board of dentistry may adopt rules pursuant to chapter 91, relating to the education and certification of dental hygienists to administer intra-oral block anesthesia. [L 1999, c 97, §1; am L 2018, c 203, §4]
Haw. Rev. Stat. § 440-1 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-1
Definitions.
Status: in_force

As used in this chapter:

"Amateur boxing contest" is one in which no contestant has boxed with or against a professional boxer or another amateur boxer for a money prize or purse, except as provided in this chapter.

"Boxing" means a contest in which the act of attack and defense is practiced with gloved fists by two contestants.

"Club" means a promoter, corporation, joint venture, partnership, limited liability corporation, limited liability partnership, or any other type of business entity that promotes, conducts, holds, or gives a boxing contest. The terms "club" and "promoter" are synonymous, and may be used interchangeably.

"Commission" means the state boxing commission.

"Contest" means match or exhibition.

"Director" means the director of commerce and consumer affairs.

"Executive officer" means the executive officer assigned to the commission.

"Manager" means any person who:

(1) Undertakes or has undertaken to represent in any way the interest of any professional boxer in procuring, arranging, or conducting any professional contest in which the boxer is to participate as a contestant; provided that "manager" shall not include an attorney licensed to practice in this State while the attorney is representing the legal interest of a professional boxer as a client; or

(2) Directs or controls the boxing activities of the professional boxer.

"Professional boxer" is one who: competes for a money prize or purse or other form of compensation; or teaches, pursues, or assists in the practice of boxing as a means of obtaining a livelihood or pecuniary gain.

"Professional boxing contest" or "boxing contest" is one in which a contestant boxes with or against another boxer for a money prize or purse or other form of compensation. [L 1929, c 216, §38; RL 1935, §6990; RL 1945, §7551; am L 1949, c 264, §1; RL 1955, §165-1; HRS §440-1; am L 1983, c 241, §1; am L 1986, c 135, §4; am L 2004, c 135, §§1, 2]
Haw. Rev. Stat. § 457G-1.5 — HI Code / Division 2 / Title 25 / Chapter 457G / Section 457G-1.5
Practice of occupational therapy.
Status: in_force

(a) The practice of occupational therapy is the therapeutic use of everyday life activities with individuals or groups for the purpose of participation in roles and situations in home, school, workplace, community, and other settings. It includes:

(1) Evaluation of factors affecting activities of daily living, instrumental activities of daily living, rest and sleep, education, work, play, leisure, and social participation, including:

(A) Client factors, including body functions, such as neuromusculoskeletal, sensory-perceptual, visual, mental, cognitive, and pain factors; body structures, such as cardiovascular, digestive, nervous, integumentary, genitourinary systems, and structures related to movement, values, beliefs, and spirituality;

(B) Habits, routines, roles, rituals, and behavior patterns;

(C) Occupational and social environments, cultural, personal, temporal, and virtual contexts and activity demands that affect performance; and

(D) Performance skills, including motor and praxis, sensory-perceptual, emotional regulation, cognitive, communication, and social skills;

(2) Methods or approaches selected to direct the process of interventions, including:

(A) Establishment, remediation, or restoration of a skill or ability that has not yet developed, is impaired, or is in decline;

(B) Compensation, modification, or adaptation of activity or environment to enhance performance or prevent injuries, disorders, or other conditions;

(C) Retention and enhancement of skills or abilities without which performance in everyday life activities would decline;

(D) Promotion of health and wellness, including the use of self-management strategies, to enable or enhance performance in everyday life activities; and

(E) Prevention of barriers to performance and participation, including injury and disability prevention; and

(3) Interventions and procedures to promote or enhance safety and performance in activities of daily living, instrumental activities of daily living, rest and sleep, education, work, play, leisure, and social participation, including:

(A) Therapeutic use of occupations, exercises, and activities;

(B) Training in self-care, self-management, health management and maintenance, home management, community reintegration, work reintegration, school activities, and work performance;

(C) Development, remediation, or compensation of neuromusculoskeletal, sensory-perceptual, visual, mental, and cognitive functions; pain tolerance and management; and behavioral skills;

(D) Therapeutic use of self, including one's personality, insights, perceptions, and judgments, as part of the therapeutic process;

(E) Education and training of individuals, including family members, caregivers, groups, populations, and others;

(F) Care coordination, case management, and transition services;

(G) Consultative services to groups, programs, organizations, or communities;

(H) Modification of environments, such as home, work, school, or community, and adaptation of processes, including the application of ergonomic principles;

(I) Assessment, design, fabrication, application, fitting, and training in seating and positioning; assistive technology; adaptive devices; orthotic devices; and training in the use of prosthetic devices;

(J) Assessment, recommendation, and training in techniques to enhance functional mobility, including management of wheelchairs and other mobility devices;

(K) Low vision rehabilitation;

(L) Driver rehabilitation and community mobility;

(M) Management of feeding, eating, and swallowing to enable eating and feeding performance;

(N) Application of physical agent modalities and use of a range of specific therapeutic procedures, such as wound care management, interventions to enhance sensory-perceptual and cognitive processing, and manual therapy, to enhance performance skills; and

(O) Facilitating the occupational performance of groups, populations, or organizations through the modification of environments and the adaptation of processes.

(b) No person shall engage in the practice of occupational therapy gratuitously or for pay, offer to practice occupational therapy, offer occupational therapy, or represent, advertise, or announce, either publicly or privately, that the person is an occupational therapist, unless the person is appropriately licensed under this chapter.

(c) No person shall use, in connection with the person's name or business, the words "occupational therapist licensed", "registered occupational therapist", "licensed occupational therapist", "occupational therapist", or "doctor of occupational therapy", or the letters "OT", "OTR", "OTD", "OT/L", "OTR/L", or "OTD/L", or any other words, letters, abbreviations, or insignia indicating or implying that the person is an occupational therapist unless the person is appropriately licensed as an occupational therapist under this chapter.

(d) Effective January 1, 2017, except as otherwise provided in this chapter, no person shall engage in the practice of occupational therapy or represent the person's self as able to practice as an occupational therapy assistant in the State unless:

(1) The practice is done under the supervision of and in partnership with an occupational therapist who is licensed to practice occupational therapy in the State; and

(2) The person possesses a valid license issued pursuant to this chapter to practice occupational therapy as an occupational therapy assistant.

(e) No person shall use the title "occupational therapy assistant licensed", "licensed occupational therapy assistant", the letters "OTA/L" or "COTA/L", or any other words, letters, abbreviations, or insignia indicating or implying that the person is an occupational therapy assistant unless that person is appropriately licensed as an occupational therapy assistant under this chapter. [L 1978, c 146, pt of §1; gen ch 1985; am L 1998, c 100, §2; am L 2001, c 198, §2; am L 2003, c 97, §3; am L 2014, c 209, §4]
Haw. Rev. Stat. § 453-3.5 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-3.5
Training replacement temporary license.
Status: in_force

(a) The board may issue a limited and temporary license to a physician or osteopathic physician to maintain patient services for the purpose of substituting for another physician or osteopathic physician licensed in this State to enable specialized training at an out-of-state fully accredited medical teaching institution; provided that the out-of-state physician or osteopathic physician:

(1) Is board certified by the American Board of Medical Specialties or Bureau of Osteopathic Specialties in the subspecialty in which the Hawaii physician or osteopathic physician is seeking training;

(2) Is a member of the teaching faculty of the accredited medical teaching institution;

(3) Has an unrestricted license in another state;

(4) Has been invited by the chief of a clinical department of a hospital; and

(5) Has been examined and approved by the hospital's credential process.

The limited and temporary license issued under this section shall expire upon notification of the board by the Hawaii-licensed physician or osteopathic physician that the physician or osteopathic physician has resumed the physician's or osteopathic physician's practice in this State. Licenses and extensions of licenses issued under this section to an individual shall not be valid for more than nine months during any consecutive twenty-four month period.

(b) The chief of the clinical department in which the out-of-state physician or osteopathic physician will practice shall submit a letter to the board that shall include, without limitation, the following:

(1) Identification and documentation of unrestricted license for the applicant for the specialty training license;

(2) A statement that the hospital is sponsoring the applicant, and shall be responsible for monitoring the individual physician or osteopathic physician during the period of the temporary license;

(3) Verification of the start and end dates for the requested temporary license; and

(4) Verification that the chief of the clinical department is a licensed physician or osteopathic physician of this State.

(c) The holder of a specialty training license shall obey and be subject to all laws and rules of this State. [L 1997, c 364, §2; am L 2008, c 5, §6]
Haw. Rev. Stat. § 445-10 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-10
Term of license.
Status: in_force

(a) Subject to section 445-5, all licenses issued for carrying on the several businesses or doing the acts specified in this chapter shall be issued by the treasurer in accordance with the terms and conditions and for the fees specified in this chapter, for the respective terms of one year from the several dates of issue.

(b) The treasurer shall suspend, refuse to renew, reinstate, or restore, or deny any license or application if the treasurer has received certification from the child support enforcement agency pursuant to the terms of section 576D-13 that the licensee or applicant is not in compliance with an order of support or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. Unless otherwise provided by law, the treasurer shall grant, reinstate, renew, or restore the license only upon receipt of an authorization from the child support enforcement agency, office of child support hearings, or family court. [L 1896, c 64, pt of §3; RL 1925, §1965; RL 1935, §2410; RL 1945, §7011; RL 1955, §155-11; HRS §445-10; am L 1997, c 293, §19]
Haw. Rev. Stat. § 440G-8.1 — HI Code / Division 2 / Title 25 / Chapter 440G / Section 440G-8.1
Requirement for adequate service; terms and conditions of service.
Status: in_force

(a) Every cable operator shall provide safe, adequate, and reliable service in accordance with applicable laws, rules, franchise requirements, and its filed schedule of terms and conditions of service.

(b) The director shall require each cable operator to submit a schedule of all terms and conditions of service in the form and with the notice that the director may prescribe.

(c) The director shall ensure that the terms and conditions upon which cable service is provided are fair both to the public and to the cable operator, taking into account the geographic, topographic, and economic characteristics of the service area and the economics of providing cable service to subscribers in the service area. [L 1987, c 301, pt of §9]
Haw. Rev. Stat. § 471-13 — HI Code / Division 2 / Title 25 / Chapter 471 / Section 471-13
Violations; penalties.
Status: in_force

Any person who violates or fails to comply with any provision of this chapter shall be fined not more than $5,000 for each violation. Each day that the person is in violation of section 471-2 shall be a separate violation for the purposes of this section.
Haw. Rev. Stat. § 440G-9 — HI Code / Division 2 / Title 25 / Chapter 440G / Section 440G-9
Complaints; violations; revocation, alteration, or suspension of cable franchise; penalties.
Status: in_force

(a) Subscriber complaints regarding the operation of a cable system may be made orally or in writing to the director. The director shall resolve complaints informally when possible.

(b) Any cable franchise issued hereunder after hearing in accordance with chapter 91 may be revoked, altered, or suspended by the director as the director deems necessary on any of the following grounds:

(1) For making material false or misleading statements in, or for material omissions from, any application or proposal or other filing made with department;

(2) For failure to maintain signal quality under the standards prescribed by the director;

(3) For any sale, lease, assignment, or other transfer of its cable franchise without consent of the director;

(4) Except when commercially impracticable, for unreasonable delay in construction or operation or for unreasonable withholding of the extension of cable service to any person in a service area;

(5) For violation of the terms of its cable franchise;

(6) For failure to comply with this chapter or any rules or orders prescribed by the director;

(7) For violation of its filed schedule of terms and conditions of service; and

(8) For engaging in any unfair or deceptive act or practice as prohibited by section 480-2.

(c) In lieu of or in addition to the relief provided by subsection (b), the director may fine a cable operator, for each violation of subsection (b)(1) through (8), an amount not less than $50 nor more than $25,000 for each violation. Each day's continuance of a violation may be treated as a separate violation pursuant to rules adopted by the director. Any penalty assessed under this section shall be in addition to any other costs, expenses, or payments for which the cable operator is responsible under other provisions of this chapter. [L 1970, c 112, pt of §1; gen ch 1985; am L 1987, c 301, §10]
Haw. Rev. Stat. § 462A-3.5 — HI Code / Division 2 / Title 25 / Chapter 462A / Section 462A-3.5
Adequate supply of licenses.
Status: in_force

(a) The director shall determine the number of pilots necessary to maintain an efficient pilotage service in accordance with this chapter.

(b) The director, in consultation with users of pilotage services, the department of transportation's harbors division, and the professional association of port pilots in the State shall give primary consideration to the public interest in ensuring that there is an adequate supply of qualified pilots to safely and economically meet the requirements of commerce. [L 2001, c 13, §2]
Haw. Rev. Stat. § 443B-7 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-7
REPEALED.
Status: in_force

L 1992, c 202, §198.
Haw. Rev. Stat. § 437B-7.5 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-7.5
Requirements for licensing of repair dealer; inspection.
Status: in_force

(a) Before a motor vehicle repair dealer license is granted by the board, the applicant shall establish that the applicant is or employs a full-time motor vehicle mechanic licensed with the board, and has a repair facility and the equipment necessary to properly perform work in the specialty or area of certification for which licensure is requested.

(b) The board may inspect an applicant's repair facility and equipment prior to licensing, and may conduct subsequent inspections of repair facilities to verify continued compliance with subsection (a). [L 1993, c 110, §1; am L 1998, c 199, §5]
Haw. Rev. Stat. § 436M-4 — HI Code / Division 2 / Title 25 / Chapter 436M / Section 436M-4
False alarms; reporting.
Status: in_force

Alarm businesses that maintain, service, or monitor alarm systems shall, upon request by the police, share with them the data about false alarms and alarm systems in operation needed to determine the monthly false alarm rate for each alarm business. Data obtained from each alarm business shall be used by the police only for statistical purposes and shall not be released to others. Alarm businesses and the police shall cooperate to reduce to a minimum the number of false alarms reported to the police.
Haw. Rev. Stat. § 437B-12.5 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-12.5
Cumulative penalties.
Status: in_force

Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State.
Haw. Rev. Stat. § 457G-1.3 — HI Code / Division 2 / Title 25 / Chapter 457G / Section 457G-1.3
Powers and duties of the director.
Status: in_force

In addition to any other powers and duties authorized by law, the director shall have the powers and duties to:

(1) Grant, deny, renew, refuse to renew, restore, terminate, reinstate, condition, restrict, suspend, or revoke a license issued pursuant to this chapter;

(2) Grant permission to a person to practice occupational therapy and to use the title of "licensed occupational therapist" or a description indicating that the person is a licensed occupational therapist in this State;

(3) Grant permission to a person to practice as an occupational therapy assistant and to use the title "licensed occupational therapy assistant" or a description indicating that the person is a licensed occupational therapy assistant in this State;

(4) Adopt, amend, or repeal rules pursuant to chapter 91 as the director finds necessary to carry out the purposes of this chapter;

(5) Administer, coordinate, and enforce this chapter;

(6) Discipline a licensed occupational therapist or licensed occupational therapy assistant on grounds specified by this chapter or chapter 436B or for any violation of rules adopted by the director pursuant to this chapter;

(7) Refuse to license a person for failure to meet the licensing requirements in this chapter or for any reason specified by this chapter as grounds to discipline an occupational therapist or occupational therapy assistant; and

(8) Appoint an advisory committee composed of practicing occupational therapists and occupational therapy assistants to assist with the implementation of this chapter. [L 2014, c 209, pt of §2]
Haw. Rev. Stat. § 442-5 — HI Code / Division 2 / Title 25 / Chapter 442 / Section 442-5
Board's powers.
Status: in_force

In addition to any other powers and duties authorized by law, the board may adopt a seal, which shall be affixed to all official acts of the board; adopt from time to time such rules as the board may deem proper and necessary for the performance of its work; examine applicants and issue licenses and order the limitation, restriction, revocation, suspension, or placement under probation of licenses to practice chiropractic; summon witnesses and take testimony as to matters pertaining to its duties; adopt by rule continuing educational requirements for reregistration of licenses designed to promote the continuing professional competence of licensees and protection of the public. Each member may administer oaths and take affidavits, and do any and all things necessary or incidental to the exercise of the powers and duties herein granted or imposed.
Haw. Rev. Stat. § 474-1 — HI Code / Division 2 / Title 25A / Chapter 474 / Section 474-1
Definitions.
Status: in_force

For purposes of this chapter, unless the context clearly requires otherwise:

"Applicant" means any person acting on the person's own behalf or who is authorized to act on behalf of any other person for the purpose of securing required permits to engage in business activities in the State.

"Center" means the business action center established in section 474-2.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Permit" means any license, certificate, registration, or any other form of authorization required by a federal, state, or county department or agency to engage in any business activity, excluding vocational and professional occupational licenses, certificates, or registration and environmental permits.

"Person" means any individual, proprietorship, partnership, association, cooperative, corporation, nonprofit organization, and any other organization required to obtain one or more permits for the conduct of its business activities.

"State agency" means any department, board, bureau, commission, division, office, council, or agency of the State, a public benefit corporation, or public authority having at least one member appointed by the governor. [L 2005, c 62, pt of §2]
Haw. Rev. Stat. § 453-5.1 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-5.1
Powers and duties of board.
Status: in_force

In addition to other powers and duties authorized by law, the Hawaii medical board shall have all the powers necessary or convenient to effectuate the purpose of this chapter, including, without limitation, the following powers:

(1) To adopt rules, pursuant to chapter 91; and

(2) To enforce this chapter and rules adopted pursuant thereto. [L 1977, c 107, §1; ree L 1983, c 92, pt of §1(3); am L 1992, c 202, §99; am L 2008, c 9, §3]
Haw. Rev. Stat. § 442-2 — HI Code / Division 2 / Title 25 / Chapter 442 / Section 442-2
License to practice.
Status: in_force

(a) It shall be unlawful for any person to practice chiropractic without a license. Any person applying for a license to practice chiropractic shall submit an application to the Hawaii board of chiropractic accompanied by the application fee, and all documents and affidavits that may be prescribed by law. The application shall be submitted in accordance with the rules of the board, shall be on a form prescribed by the board, and shall be signed by the applicant. In addition thereto, each applicant shall furnish to the board:

(1) Satisfactory proof that the applicant has met the educational requirements prescribed in the rules of the board; provided that these educational requirements shall not apply to applicants having entered an approved chiropractic college on or before October 31, 1955; and

(2) Satisfactory proof that the applicant graduated from a chiropractic college accredited by, or recognized as a candidate for accreditation by, any chiropractic college accrediting agency recognized by the United States Department of Education; provided that the requirements shall not apply to applicants who matriculated in any chiropractic college prior to October 15, 1984.

(b) Except in the cases otherwise prescribed in this section each applicant shall be a graduate of a chiropractic school or college accredited as provided by this section.

(c) Each applicant who successfully passes the examination shall pay a license fee. [L 1925, c 99, §5; am L 1927, c 254, §1; RL 1935, §960; am L 1939, c 186, §1; RL 1945, §2071; am L 1949, c 57, §1; am L 1955, c 229, §1(a); RL 1955, §60-2; am L 1957, c 316, §3; HRS §442-2; am L 1983, c 55, §1; am L 1984, c 7, §18 and c 240, §2; am L 1992, c 202, §54; am L 1994, c 124, §3; am L 1997, c 40, §8; am L 2000, c 10, §1; am L 2018, c 203, §2]
Haw. Rev. Stat. § 441-2 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-2
Certificate of dedication.
Status: in_force

Every cemetery authority from time to time as its property may hereafter be made available for cemetery purposes, shall file in the office of the bureau of conveyances or, in the case of registered land, in the office of the assistant registrar of the land court, a written certificate of dedication containing a description of the land or other property which is to be made available for cemetery purposes, and dedicating the property exclusively to cemetery purposes.
Haw. Rev. Stat. § 440-6 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-6
Rules.
Status: in_force

The commission may adopt, amend, and repeal rules that it considers necessary or expedient for the conduct of its business and the regulation of the matters in this chapter committed to its charge. The rules when adopted pursuant to chapter 91 shall have the force and effect of law.
Haw. Rev. Stat. § 465D-2 — HI Code / Division 2 / Title 25 / Chapter 465D / Section 465D-2
Definitions.
Status: in_force

For the purposes of this chapter:

"Applied behavior analysis" means interventions that are based on scientific research and the direct observation and measurement of behavior and the environment.

"Behavior Analyst Certification Board" means the international accredited Behavior Analyst Certification Board or its successor.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Licensed behavior analyst" means a person:

(1) Who engages in the practice of applied behavior analysis and uses the title of licensed behavior analyst;

(2) Who has been issued a license under this chapter; and

(3) Whose license is in effect and not revoked, suspended, or encumbered.

"Practice of applied behavior analysis" means the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior. Practice of applied behavior analysis includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis. Practice of applied behavior analysis also includes the use of contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other consequences to help people develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions. Practice of applied behavior analysis expressly excludes psychological testing, diagnosis of a mental or physical disorder, neuropsychology, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, and long-term counseling as treatment modalities. [L 2015, c 199, pt of §2; am L 2018, c 205, §4]
Haw. Rev. Stat. § 463E-5 — HI Code / Division 2 / Title 25 / Chapter 463E / Section 463E-5
Fees; expenses.
Status: in_force

(a) No applicant shall be examined under this chapter until the applicant has paid to the board application, examination, and license fees. The board may provide separate fees for licensure by endorsement and for limited and temporary licenses.

(b) Every person holding a license under this chapter shall renew the license with the board no later than January 31 of each even-numbered year, pay a renewal fee, and comply with the continuing education requirements provided in rules adopted by the board.

(c) To determine compliance, the board may conduct a random audit. A licensee selected for audit shall be notified by the board. Within sixty days of notification, the licensee shall provide to the board documentation to verify compliance with the continuing education requirements.

(d) Failure to renew, pay the renewal fee, and in the case of audited licensees, provide documentation of compliance shall constitute a forfeiture of the license, which may be restored only upon the submission of written application therefor, payment to the board of a restoration fee, and in the case of audited licensees, documentation of compliance.

(e) A license that has been forfeited for one renewal term shall be automatically terminated and cannot be restored, and a new application for licensure shall be required. [L 1973, c 80, pt of §1; am L 1975, c 118, §26; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985; am L 1986, c 273, §3; am L 1989, c 181, §6 and c 240, §4; am L 1990, c 34, §30; am L 1992, c 202, §151; am L 2001, c 66, §3]
Haw. Rev. Stat. § 444-30 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-30
False statement.
Status: in_force

It shall constitute a misdemeanor for any person or the person's agent to file with the contractors license board any notice, statement, or other document required under the provisions of this chapter, which is false or untrue or contains any material misstatement of fact.
Haw. Rev. Stat. § 457-13.5 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-13.5
[ §457-13.
Status: in_force

[ §457-13.5] Temporary permit. (a) The board may issue a temporary permit to a practical nurse or registered nurse licensed in another jurisdiction who:

(1) Completes an application on a form prescribed by the board;

(2) Pays all applicable fees to the board as prescribed by administrative rules;

(3) Provides proof of a valid and unencumbered license in another state, territory, or country by way of a license verification from the other state, territory, or country, or Nursys license verification report as prescribed by administrative rules; and

(4) The board has determined that no disciplinary action has been taken or is pending with a nursing authority.

(b) The board may issue a temporary permit to a nurse who currently holds a multistate license issued by another state, territory, or country; provided that the individual:

(1) Completes an application on a form prescribed by the board;

(2) Pays all applicable fees to the board as prescribed by administrative rules;

(3) Provides proof of a valid and unencumbered multistate license in another state, territory, or country by way of a Nursys license verification report as prescribed by administrative rules. For purposes of this subsection, a "multistate license" means a license to practice as a licensed practical nurse or registered nurse issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege; and

(4) The board has determined that no disciplinary action has been taken or is pending with a nursing authority.

(c) A temporary permit shall be issued only to an applicant who has been appointed or accepted employment with a single health care entity in the State listed in section 321-11(10).

(d) A temporary permit shall be issued within ten business days of the date the completed application is received by the board and shall be valid for a period of no longer than six months from the date of issuance.

(e) Beginning July 1, 2025, notwithstanding sections 457-7 and 457-8, an out-of-state registered nurse or licensed practical nurse may apply for a temporary permit based on the requirements of subsections (a) or (b), simultaneously with an application for a license to practice as a registered nurse or licensed practical nurse in the State. Any out-of-state registered nurse or licensed practical nurse applying simultaneously for a temporary permit and license to practice shall be required to submit only one application with a single, non-refundable fee as prescribed by the board. A temporary permit pursuant to this subsection shall be issued within ten business days of the date the completed application is received by the board; provided that all criteria in subsections (a) or (b), and (c) have been met; provided further that the temporary permit issued pursuant to this subsection shall be valid until the time the board approves the individual's application for a license to practice as a registered nurse or licensed practical nurse but no longer than one year. [L 2024, c 95, §1]
Haw. Rev. Stat. § 436B-29 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-29
Severability.
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Haw. Rev. Stat. § 436B-10 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-10
Application and requirements for licensure.
Status: in_force

(a) Application for a license shall be made on an application form to be furnished by the licensing authority. An applicant shall provide the following information on the application form:

(1) The applicant's legal name;

(2) Affirmation that the applicant is beyond the age of majority;

(3) The applicant's current residence, business and mailing addresses, and phone numbers;

(4) The applicant's social security number if the licensing authority is authorized by federal law to require the disclosure;

(5) The date and place of any conviction of a penal crime directly related to the profession or vocation in which the applicant is applying for licensure, unless the conviction has been expunged or annulled, or is otherwise precluded from consideration by section 831-3.1;

(6) Proof that the applicant is a United States citizen, a United States national, or an alien authorized to work in the United States;

(7) Disclosure of similar licensure in any state or territory;

(8) Disclosure of disciplinary action by any state or territory against any license held by the applicant; and

(9) Any other information the licensing authority may require to investigate the applicant's qualifications for licensure.

Failure to provide the above information and pay the required fees shall be grounds to deny the application for licensure.

(b) In addition to any other requirements provided by law, all applicants shall be:

(1) Beyond the age of majority; and

(2) A United States citizen, a United States national, or an alien authorized to work in the United States. [L 1991, c 111, pt of §2; am L 1992, c 202, §12; am L 1994, c 124, §1; am L 1995, c 35, §2; am L 1997, c 40, §1]
Haw. Rev. Stat. § 437-27 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-27
Change of status, notice.
Status: in_force

If the status of any licensee changes during the period for which the license is issued because of:

(1) Changes in officers, directors, or limited partners of the licensee or termination of the employment of any licensed salesperson;

(2) The transfer of more than ten per cent of the ownership of the licensee to one person;

(3) The termination of a licensed premises by a dealer or auction or the acquiring or termination of a franchise; or

(4) The assignment of any part of the licensee's assets for the benefit of creditors;

the licensee shall within fifteen days thereafter file with the board notice of such change containing such information as may be required by the board; provided that nothing contained in this section shall limit the power of the board to suspend, revoke, or deny the renewal of such license or impose any other penalty authorized by this chapter. A manufacturer or distributor shall give written notice to the board pursuant to section 437-58, of its intent to terminate, discontinue, cancel, or fail to renew a franchise agreement. [L 1939, c 258, §8; RL 1945, §7372; am L 1951, c 90, pt of §1; RL 1955, §160-172; am L 1957, c 302, §1(19); am L 1961, c 59, §1(14); HRS §437-27; am L 1969, c 263, §1(15); gen ch 1993; am L 1996, c 264, §9; am L 2010, c 164, §5]
Haw. Rev. Stat. § 436B-21 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-21
Revoked license.
Status: in_force

A person may apply for a new license after five years from the effective date of the revocation of the license by filing an application and complying with all current requirements for new applicants. The licensing authority may waive any applicable education or examination requirements upon being satisfied that the applicant whose license has been previously revoked, has submitted documentation that the applicant has maintained equivalent knowledge, competence, and qualifications through work experience, training, or education.
Haw. Rev. Stat. § 445-25 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-25
Description of goods sold considered warranties.
Status: in_force

Any person selling, disposing of, or offering for sale at public auction any stock of merchandise for the purpose of closing out the same as provided in section 445-22, shall, in describing the same, be truthful with respect to the cost, character, quality, kind, and description of the same, and such descriptions shall, for the purpose of the sale be considered as warranties.
Haw. Rev. Stat. § 437B-11.5 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-11.5
Advertising.
Status: in_force

No motor vehicle repair dealer shall advertise unless it holds a valid motor vehicle repair dealer license issued under this chapter. Advertisement includes, but is not limited to, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing of any sign or marking on or in any building or structure, or newspaper or magazine, or directory under the listing of motor vehicle repair dealer, or broadcasting by airwave transmission which relates to the motor vehicle repair business.
Haw. Rev. Stat. § 445-95.2 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-95.2
Unfair and deceptive practices defined.
Status: in_force

The following are defined as unfair or deceptive practices in the rooming house business:

(1) Requiring, seeking, or encouraging any resident or prospective resident to execute a power of attorney in which the resident or prospective resident names the rooming house, its owner, or any of its agents or employees as attorney-in-fact;

(2) Making any representation that the rooming house offers medical care, rehabilitation, or therapeutic benefits of any type;

(3) Negotiating public assistance checks payable to a resident;

(4) Refusing to refund any deposit as provided in sections 521-44(c) and 521-66;

(5) Refusing to give any resident a partial rent refund in accordance with section 521-66;

(6) Encouraging, soliciting, or requiring any resident or prospective resident to consent to the release of information concerning the resident or prospective resident which is maintained by any government agency and otherwise confidential;

(7) Encouraging, soliciting, or requiring a resident or prospective resident to:

(A) Turn over food stamps to the rooming house, its agents, or employees; or

(B) Permit authorization to purchase (ATP) food stamp cards to be negotiated by the rooming house, its agents, or employees;

(8) Limiting, hindering, or restricting access of residents who are food stamp recipients to foodstuffs, food containers, refrigerators, or other food storage facilities;

(9) Encouraging, soliciting, or requiring any resident or prospective resident to apply for or receive food stamps if the rooming house has meal service;

(10) Accepting food stamps as payment for or in reduction of rent;

(11) Charging different rents for similar accommodations based on the amount of a resident's public assistance benefits;

(12) Encouraging, soliciting, or requiring any resident or prospective resident to have public assistance benefits mailed to the rooming house, its owner, or its agents or employees; and

(13) Denying any prospective resident or evicting any resident from living accommodations solely on the basis of age or disability. [L 1988, c 313, pt of §3]
Haw. Rev. Stat. § 468L-2.5 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-2.5
Denial of registration.
Status: in_force

The director may deny the registration of any travel agency or charter tour operator when a travel agency or charter tour operator, its directors, officers, owners, members, managers, or general partners:

(1) Fails to meet the requirements for registration as provided in this chapter;

(2) Fails to satisfy a civil fine, penalty, or restitution order arising out of any administrative or enforcement action brought by any governmental agency for conduct involving fraud or dishonest dealing, or for any violation of any state's travel agency or charter tour operator licensing laws or rules;

(3) Has a pending criminal, administrative, or enforcement proceeding brought against it in any jurisdiction for conduct involving fraud or dishonest dealing, or for any violation of any state's travel agency or charter tour operator licensing laws or rules;

(4) Has had an order or judgment entered against it in the past ten years in any criminal, administrative, or enforcement action for conduct involving fraud or dishonest dealing, or for any violation of any state's travel agency or charter tour operator licensing laws or rules;

(5) Fails to establish and maintain a client trust account in accordance with this chapter;

(6) Makes any false statement, representation, or certification in any document or record required to be maintained under this chapter;

(7) Fails to keep, maintain, and disclose upon request the books and records required to be maintained under this chapter; or

(8) Violates this chapter or any rule or order of the director. [L 2001, c 62, pt of §2]
Haw. Rev. Stat. § 448B-10 — HI Code / Division 2 / Title 25 / Chapter 448B / Section 448B-10
REPEALED.
Status: in_force

L Sp 2021, c 9, §17.
Haw. Rev. Stat. § 457-8.9 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-8.9
Advanced practice registered nurses; expedited partner therapy.
Status: in_force

Advanced practice registered nurses who meet the definition of a health professional as defined in section 453-51, shall be authorized to provide expedited partner therapy in accordance with part III of chapter 453.
Haw. Rev. Stat. § 467-4 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-4
Powers and duties of commission.
Status: in_force

In addition to any other powers and duties authorized by law, the real estate commission shall:

(1) Grant licenses, registrations, and certificates pursuant to this chapter;

(2) Adopt, amend, or repeal rules as it may deem proper to effectuate this chapter and carry out its purpose, which is the protection of the general public in its real estate transactions. All rules shall be approved by the governor and director of commerce and consumer affairs, and when adopted pursuant to chapter 91 shall have the force and effect of law. The rules may forbid acts or practices deemed by the commission to be detrimental to the accomplishment of the purpose of this chapter, and the rules may require real estate brokers and salespersons to complete educational courses or to make reports to the commission containing items of information as will better enable the commission to enforce this chapter and the rules, or as will better enable the commission from time to time to amend the rules to more fully effect the purpose of this chapter, and, further, the rules may require real estate brokers and salespersons to furnish reports to their clients containing matters of information as the commission deems necessary to promote the purpose of this chapter. This enumeration of specific matters that may properly be made the subject of rules shall not be construed to limit the commission's broad general power to make all rules necessary to fully effectuate the purpose of this chapter;

(3) Enforce this chapter and rules adopted pursuant thereto;

(4) Suspend, fine, terminate, or revoke any license, registration, or certificate for any cause prescribed by this chapter, or for any violation of the rules, and may require additional education or reexamination, and refuse to grant any license, registration, or certificate for any cause that would be a ground for suspension, fine, termination, or revocation of a license, registration, or certificate;

(5) Report to the governor and legislature relevant information that shall include but not be limited to a summary of the programs and financial information about the trust funds, including balances and budgets, through the director of commerce and consumer affairs annually, before the convening of each regular session, and at other times and in other manners as the governor or the legislature may require concerning its activities;

(6) Publish and distribute pamphlets and circulars, produce seminars and workshops, hold meetings in all counties, and require other education regarding any information as is proper to further the accomplishment of the purpose of this chapter;

(7) Enter into contract or contracts with qualified persons to assist the commission in effectuating the purpose of this chapter;

(8) Develop a curriculum for leadership training for condominium boards of directors, including pertinent provisions of chapter 514B, association governing documents, and the fiduciary duties of board members; and

(9) Establish standing committees to assist in effectuating this chapter and carry out its purpose, which shall meet no less than ten times annually, and shall from time to time meet in each of the counties. [L 1933, c 140, pt of §4; RL 1935, pt of §7313; am L 1935, c 126, §1; RL 1945, pt of §7734; am L 1951, c 77, pt of §2; RL 1955, pt of §170-4; am L Sp 1959 2d, c 1, §§6, 15; am L 1961, c 154, §4; am L 1963, c 114, §3; am L 1965, c 96, §111; am imp L 1967, c 223, §24; HRS §467-4; am L 1973, c 150, §2; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985; am L 1989, c 217, §2; am L 1992, c 202, §168; am L 1994, c 100, §3; am L 1995, c 241, §2; am L 2023, c 149, §1]
Haw. Rev. Stat. § 451A-1 — HI Code / Division 2 / Title 25 / Chapter 451A / Section 451A-1
Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Hearing aid" means any wearable instrument or device and any parts, attachments, or accessories, including earmold, but excluding batteries and cords, designed or offered for the purpose of aiding or compensating impaired human hearing.

"Practice of dealing and fitting of hearing aids" means the measurement of human hearing by an audiometer or by any other means solely for the purpose of making selections, adaptations, or sales of hearing aids or the manufacture of impressions for earmolds, and, at the request of a physician or a member of a profession related to the practice of medicine and surgery, the administration of audiograms for use in consultation with the hard-of-hearing.

"Sale" means any transfer of title, interest, or possession except transactions with distributors or dealers. [L 1969, c 205, pt of §1; am L 1982, c 204, §8; am L 1992, c 202, §90; am L 1997, c 88, §2]
Haw. Rev. Stat. § 440-12 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-12
Licenses, participants.
Status: in_force

(a) Any individual may apply to the commission for a license to act as a physician, referee, judge, matchmaker, manager, timekeeper, second, or professional boxer to participate, either directly or indirectly, in any boxing contest. The application shall be in writing, addressed to the commission, and signed by the applicant. The application shall contain a recital of facts as may be specified by the commission in order for it to determine whether or not the applicant possesses the necessary physical, mental, and moral qualifications to entitle the applicant to a license. The commission shall adopt rules for licensure in accordance with chapter 91.

(b) In addition, the applicant for a referee, judge, manager, or second license shall take and pass a written examination as provided by the commission. The commission may exempt an applicant for a manager or second license from taking the examination, if the applicant holds a valid manager or second license in another jurisdiction with comparable boxing regulations.

(c) Any license to act as a physician, referee, judge, matchmaker, manager, timekeeper, second, or professional boxer may be suspended or revoked, or the person otherwise disciplined by the commission after a contested case hearing held in accordance with chapter 91. [L 1929, c 216, §13; RL 1935, §7000; RL 1945, §7561; am L 1949, c 264, §7; RL 1955, §165-12; HRS §440-12; am L 1976, c 15, §1; am L 1983, c 241, §10; am L 1986, c 135, §9; am L 1997, c 40, §6; am L 2004, c 135, §11]
Haw. Rev. Stat. § 471-18 — HI Code / Division 2 / Title 25 / Chapter 471 / Section 471-18
[ §471-18] Reporting; duty; dogfighting; animal cruelty; immunity from civil liability.
Status: in_force

[ §471-18] Reporting; duty; dogfighting; animal cruelty; immunity from civil liability. (a) Whenever any veterinarian duly licensed under this chapter has reasonable cause to believe that an animal has been injured or killed through participation in a staged animal fight, as prescribed in section 711-1109.3 or 711-1109.35, it shall be the duty of the veterinarian to promptly report the event to the appropriate law enforcement authorities of the county where the event occurred.

(b) Whenever any veterinarian duly licensed under this chapter has reasonable cause to believe an animal under the veterinarian's care has been a victim of animal cruelty, as prescribed in section 711-1108.5 or 711-1109, it shall be the duty of the veterinarian to promptly report the event to the appropriate law enforcement authorities of the county where the event occurred.

(c) No veterinarian duly licensed under this chapter shall incur any civil liability as a result of making any report pursuant to this section or as a result of making any report of a violation of section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.35. [L 2021, c 91, pt of §1]
Haw. Rev. Stat. § 441-22 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-22
Bond.
Status: in_force

(a) A cemetery authority selling perpetual care, a cemetery authority selling pre-need interment services, or a pre-need funeral authority shall file and maintain with the director a bond in the penal sum of $50,000 for each new license and for the renewal of a license. The bond shall continue in full force and effect, and shall run concurrently:

(1) With the period of the license and for any renewal thereof; or

(2) With the period established by the director pursuant to the rules as the case may be, unless terminated or canceled by the surety.

The form of the bond shall be approved by the director.

(b) All bonds required by this section shall be issued by a surety company authorized to do business in the State, and shall run to the State. The bond shall be conditioned that the cemetery or pre-need funeral authority will faithfully, promptly, and truly account and pay over to all persons to or for whom it may sell, lease, or otherwise deal in cemetery property, pre-need interment, or pre-need funeral services all sums of money that may properly be due them.

(c) In addition to any other remedy, the director or any person claiming to have sustained damage by reason of any breach of the conditions of the bond may bring action on the bond for the recovery of any damages sustained therefrom. The liability of the surety shall not exceed the amount of the bond issued to the establishment for which the bond was issued.

(d) Termination, cancellation, or expiration shall not be effective, unless notice thereof is delivered by the surety to the director at least sixty days prior to the date of termination, cancellation, or expiration. The director shall give notice to the affected licensee that notice of termination, cancellation, or expiration, has been received and that the license of the licensee shall be placed on a limited and conditional status upon termination, cancellation, or expiration of the bond, unless prior thereto, a new bond has been filed with the director. The limitations and conditions of the license shall be set forth in the notice and shall include, but not be limited to, the following:

(1) The licensee shall not sell any pre-need services or merchandise to consumers;

(2) The licensee may sell perpetual care to satisfy the requirements of section 441-36; provided that perpetual care payments received by the licensee shall be transferred to the trustee no later than fifteen days after receipt for deposit into the perpetual care fund;

(3) All moneys collected or received by the licensee as payments on previously executed contracts for pre-need and perpetual care shall be transferred to the trustee no later than fifteen days after receipt for deposit into trust;

(4) Withdrawal of principal from the pre-need trust shall only be in accordance with this chapter and rules adopted by the director pursuant to chapter 91;

(5) No interest or income from the pre-need trust shall be withdrawn from the trust fund by the licensee or trustee;

(6) Withdrawal of interest or income from the perpetual care fund shall be allowed only to cover administrative expenses limited to payroll and fixed monthly operating expenses related to maintaining perpetual care of the cemetery;

(7) The licensee shall continue to seek a surety who will provide bonding in accordance with this section;

(8) Failure of the licensee to submit satisfactory proof of bond coverage within one year may result in the suspension of its license; and

(9) The director shall have the right to alter, amend, modify, or supplement any of the limitations and conditions in the interest of the contract holders of the licensee.

(e) Failure, refusal, or neglect of a licensed cemetery or pre-need funeral authority to maintain in full force and effect a bond as required by this section shall cause the license to be placed on automatic limited and conditional status effective as of the date of termination, cancellation, or expiration of its bond. The licensee shall abide by the limitations and conditions set forth in subsection (d) until satisfactory proof of bond coverage is submitted to the director as required by this section. Failure to abide by any of the limitations and conditions set forth in subsection (d) shall result in an automatic fine against the licensee of $1,000 per violation of any limitation or condition. Each day's continuance of a violation may be treated as a separate violation. Within sixty days after receipt of the notification of the imposition of the automatic fine, the licensee may request an administrative hearing to review the automatic fine pursuant to chapter 91.

(f) A licensee on limited and conditional status who fails, refuses, or neglects to submit satisfactory proof of bond coverage as required by this section within a period of one year, unless otherwise modified by the director, shall cause the automatic and immediate suspension of its license. The director shall not reinstate the license until satisfactory proof of bond coverage is submitted to the director. During the period of suspension the licensee is prohibited from acting or assuming to act as a cemetery or pre-need funeral authority except to the extent that it provides perpetual care services or honors the obligations of its pre-need contracts with customers. The licensee shall notify the trustee of the trust of the suspension of its license. The licensee may seek to surrender its license pursuant to section 441-46 or transfer its license pursuant to section 441-30.5.

(g) Failure to effect a reinstatement of a suspended license within sixty days shall cause it to be terminated, thereby forfeiting all license and renewal fees and the rights of the licensee to use the license, and to act as a cemetery or pre-need funeral authority under this chapter. Within sixty days after receipt of the notification of the license termination, the licensee may request an administrative hearing to review the termination pursuant to chapter 91. The licensee shall notify the trustee of the trust of the termination of its license.

(h) A licensee who is able to show that a bond cannot be reasonably secured may, with the approval of the director, file an alternative form of security as provided by rule in lieu of the bond required by this section. The filing of this alternative form of security shall allow the director to reinstate a license which has been placed on a limited and conditional status, suspended, or terminated. [L 1967, c 199, pt of §1; HRS §441-22; am L 1968, c 14, §2; am L 1969, c 242, §5; am L 1970, c 210, §1; am L 1975, c 21, §7; am L 1981, c 221, §7; am L 1982, c 66, §4; am L 1985, c 101, §4; am L 1988, c 73, §2]
Haw. Rev. Stat. § 445-235 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-235
Prohibitions; penalty.
Status: in_force

(a) Any person who violates section 445-232, 445-233, or 445-233.5, or any person who falsifies a statement required by section 445-233, shall be guilty of a misdemeanor; provided that any person who:

(1) Violates section 445-233 or 445-233.5; or

(2) Falsifies a statement required by section 445-233,

that involves the purchase of palladium, platinum, or rhodium, shall be guilty of a class C felony.

(b) In addition to any penalties the court may impose pursuant to subsection (a), the court shall order, at minimum:

(1) A fine of $1,000 for the first offense;

(2) A fine of $3,000 for the second offense; and

(3) A fine of $5,000 and the suspension of the scrap dealer's license for a period of six months for the third or subsequent offense; provided that if the third or subsequent offense occurs within a five-year period from the occurrence of two prior offenses, the scrap dealer shall be subject to license revocation. [L 1976, c 230, pt of §2; am L 2007, c 197, §§4, 7; am L 2008, c 32, §§2, 4 and c 91, §§3, 5; am L 2009, c 44, §1; am L 2022, c 88, § 8]
Haw. Rev. Stat. § 448H-9 — HI Code / Division 2 / Title 25 / Chapter 448H / Section 448H-9
Injunctive relief.
Status: in_force

The board may apply for an injunction in any court of competent jurisdiction to enjoin any person who has not been issued a license or registered or whose license has been suspended or revoked or has expired; and, upon the filing of a verified petition in the court, the court or any judge thereof, if satisfied by affidavit or otherwise, may issue a temporary injunction, without notice or bond, enjoining the defendant from further practicing as an elevator mechanic. A copy of the verified complaint shall be served upon the defendant and the proceedings shall thereafter be conducted as in other civil cases. If it is established that the defendant has been or is practicing as an elevator mechanic without having been issued a license or registered or has been or is practicing as an elevator mechanic after the defendant's license has been suspended or revoked or has expired, the court or any judge thereof may enter a decree enjoining the defendant from further practicing as an elevator mechanic. In case of violation of any injunction issued under this section, the court may summarily try and punish the offender for contempt of court. The injunction proceeding shall be in addition to, and not in lieu of, all penalties and other remedies provided in this chapter.
Haw. Rev. Stat. § 447-8 — HI Code / Division 2 / Title 25 / Chapter 447 / Section 447-8
Remedies or penalties cumulative.
Status: in_force

Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State.
Haw. Rev. Stat. § 468L-6 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-6
Disclosure on airline awards.
Status: in_force

(a) In the event an airline award is purchased, the following disclosure shall be made in a sales contract, in bold face print, no less than eight-point type, and in a manner reasonably calculated to draw the attention of the reader:

"THIS CONTRACT IS FOR THE SALE OF AN AIRLINE AWARD. CERTAIN AIRLINES HAVE TAKEN THE POSITION THAT THEY MAY VOID AIRLINE AWARDS AT THEIR DISCRETION, AT ANY TIME. IF ANY SUCH VOIDING OCCURS, (name of travel agency) WILL REFUND TO PURCHASER THE PROPORTIONATE AMOUNT OF THE PRICE PAID WITHIN THIRTY (30) DAYS."

(b) For the purposes of this section, "airline award" means any coupon, certificate, voucher, benefit, or tangible thing promised, given, sold, or otherwise transferred by any airline to a consumer in exchange for mileage, credits, bonuses, segments, or other units of value credited to the consumer as an incentive to fly on the airline. [L 1991, c 285, pt of §1]
Haw. Rev. Stat. § 440G-17 — HI Code / Division 2 / Title 25 / Chapter 440G / Section 440G-17
Criminal and civil liability.
Status: in_force

Nothing in this chapter shall be deemed to affect the criminal and civil liability of cable programmers, cable operators, or access organizations pursuant to the federal, state, or local laws regarding libel, slander, obscenity, incitement, invasions of privacy, false or misleading advertising, or other similar laws, except that no access organization shall incur any such liability arising from, based on, or related to any program not created by the access organization, which is broadcast on any channel obtained under section 440G-8, or under similar arrangements.
Haw. Rev. Stat. § 451K-15 — HI Code / Division 2 / Title 25 / Chapter 451K / Section 451K-15
Prohibited acts; penalties.
Status: in_force

(a) No individual shall:

(1) Use in connection with the person's name any designation tending to imply that the individual is a licensed genetic counselor unless the individual is duly licensed and authorized under this chapter; or

(2) Make a representation that the individual is a licensed genetic counselor during the time the person's license issued under this chapter is forfeited, inactive, terminated, suspended, or revoked.

(b) Any individual who violates this section shall be subject to a fine of not more than $1,000 and each day's violation shall be deemed a separate offense. [L 2009, c 191, pt of §2]
Haw. Rev. Stat. § 448-18 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-18
Hearings.
Status: in_force

In all proceedings before it, the board and each member thereof shall have the same powers respecting administering oaths, compelling the attendance of witnesses, and the production of documentary evidence, and examining witnesses as are possessed by circuit courts. In case of disobedience by any person of any order of the board or of a member thereof, or of any subpoena issued by it or a member, or the refusal of any witness to testify to any matter regarding which the witness may be questioned lawfully, any circuit judge, on application by the board or a member thereof, shall compel obedience as in the case of disobedience of the requirements of a subpoena issued by a circuit court, or a refusal to testify therein.
Haw. Rev. Stat. § 471-15 — HI Code / Division 2 / Title 25 / Chapter 471 / Section 471-15
Criminal penalties.
Status: in_force

(a) Any person convicted of violating section 471-2 shall have committed a misdemeanor and be subject to a fine not to exceed $1,000.

(b) In addition to the penalties provided in subsection (a), all tools, implements, appliances, medicine, and drugs used in the practice of veterinary medicine by any person convicted of practicing veterinary medicine without a license shall be declared forfeited to the State by the court and turned over to the board for any disposition it may choose. [L 1986, c 153, §1; am L 2024, c 221, §2]
Haw. Rev. Stat. § 453-5.3 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-5.3
Physician assistant; licensure required.
Status: in_force

(a) The Hawaii medical board shall require each person practicing medicine under the supervision of a physician, osteopathic physician, or group of physicians, other than a person licensed under section 453-3, to be licensed as a physician assistant. A person who is trained to do only a very limited number of diagnostic or therapeutic procedures under the direction of a physician or osteopathic physician shall not be deemed a practitioner of medicine or osteopathy and therefore does not require licensure under this section.

(b) The board shall establish medical educational and training standards with which a person applying for licensure as a physician assistant shall comply. The standards shall be at least equal to recognized national education and training standards for physician assistants.

(c) Upon satisfactory proof of compliance with the required medical educational and training standards, the board may grant state licensure to a person who has been granted certification based upon passage of a national certifying examination and who holds a current certificate from the national certifying entity approved by the board.

(d) The board shall approve temporary licensure of an applicant under this section. The applicant shall have graduated from a board approved training program within twelve months of the date of application and never taken a national certifying examination approved by the board but otherwise meets the requirements of this section. The applicant shall file a complete application with the board and pay all required fees. If the applicant fails to apply for, or to take, the first examination scheduled by the board following the issuance of the temporary license, fails to pass the examination, or fails to receive licensure, all privileges under this section shall automatically cease upon written notification sent to the applicant by the board. A temporary license shall be issued only once to each person.

(e) Prior to practicing under temporary licensure, holders of temporary licenses shall notify the board in writing of any and all supervising physicians or osteopathic physicians under whom they will be performing services.

(f) The board shall establish the degree of supervision required by the supervising physician, osteopathic physician, or group of physicians when a physician assistant performs a service within the practice of medicine. A physician or osteopathic physician who does not supervise a physician assistant's services at the degree required by the board shall be deemed to have engaged in professional misconduct.

(g) For medical records of patients seen by physician assistants:

(1) Each physician assistant and supervising physician, osteopathic physician, or group of physicians shall establish written guidelines for the review of medical records as appropriate to the specific practice. These guidelines shall be kept in the office of the practice setting in which either the physician assistant or supervising physician, osteopathic physician, or group of physicians practices, and shall be made available to the Hawaii medical board and the regulated industries complaints office or its designees;

(2) The supervising physician, osteopathic physician, or group of physicians shall review medical records as required by this subsection; provided that:

(A) When supervising a physician assistant with less than one year of practice experience as a licensed physician assistant, the supervising physician, osteopathic physician, or group of physicians shall:

(i) For the first six months of supervision, review fifty per cent of the medical records within thirty days of the patient visit;

(ii) For the next six months of supervision, review twenty-five per cent of the medical records within thirty days of the patient visit; and

(iii) For physician assistants who issue controlled substance prescriptions, at least fifty per cent of the records reviewed under clause (i) or (ii) shall include controlled substance prescriptions; provided further that if the number of records that include controlled substance prescriptions amounts to less than fifty per cent of the records in clause (i) or (ii), the supervising physician, osteopathic physician, or group of physicians shall review as many controlled substance prescriptions as are available.

The board may, on a case-by-case basis, require physician assistants who begin in a new practice specialty with less than one year of full-time practice experience in the specialty to comply with this clause; and

(B) When supervising a physician assistant with more than one year of practice experience as a licensed physician assistant, the supervising physician, osteopathic physician, or group of physicians shall:

(i) Establish a process for the regular review of a sample of medical records of patients seen by the physician assistant, including a sample of controlled substance records, if available; and

(ii) For at least thirty minutes each month, perform an audit and review of the medical records; and

(3) Notwithstanding paragraph (2), a supervising physician, osteopathic physician, or group of physicians may require additional supervisory requirements at any time for patient safety.

(h) Any license of a physician assistant may be denied, not renewed, revoked, limited, or suspended under section 453-8.

(i) The board shall establish the application procedure, medical educational and training standards, examination requirement, if any, and degrees of supervision by rule.

(j) Every person holding a license under this section shall apply for renewal with the board no later than January 31 of each even-numbered year and pay a renewal fee. Failure to apply for renewal shall constitute a forfeiture of the license that may only be restored upon written application for restoration and payment to the board of a restoration fee.

(k) Beginning with the renewal for the licensing biennium commencing February 1, 2020, and every biennial renewal thereafter, a physician assistant shall be in compliance with continuing medical education requirements by obtaining forty credit hours in:

(1) A category 1 continuing medical education program accredited by the American Medical Association;

(2) A category 1A continuing medical education program accredited by the American Osteopathic Association; or

(3) A category 1 continuing medical education program accredited by the American Academy of Physician Assistants.

(l) To determine compliance with the continuing medical education requirements under subsection (k), the board may conduct random audits of physician assistants' continuing education documentation. A physician assistant selected for audit shall be notified by the board. Within sixty days of notification, the physician assistant shall provide the board documentation to verify compliance with the continuing medical education requirements.

(m) Failure to renew, pay the renewal fee, and, in the case of audited physician assistants, provide documentation of compliance with the continuing medical education requirements under subsection (k), shall constitute a forfeiture of license, which may be restored upon the submission of written application therefor, payment to the board of a restoration fee, and, in the case of audited physician assistants, documentation of compliance with the continuing medical education requirements under subsection (k).

(n) A license that has been forfeited for one renewal term shall be automatically terminated and cannot be restored. A new application for licensure shall be required. [L 1984, c 168, pt of §1; am L 1986, c 144, §1; am L 1988, c 110, §4; am L 1989, c 181, §2; am L 1991, c 52, §1; am L 1999, c 90, §3; am L 2008, c 5, §8 and c 9, §3; am L 2019, c 181, §2; am L 2022, c 293, §10]
Haw. Rev. Stat. § 454F-3 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-3
Requirement of licensure.
Status: in_force

(a) Effective January 1, 2011, or such later date approved by the United States Department of Housing and Urban Development pursuant to the authority granted under Public Law 110-289, section 1508(e), title 12 United States Code section 5107(e), a person, unless specifically exempted from this chapter, shall not engage in the business of a mortgage loan originator or mortgage loan originator company with respect to any dwelling located in this State without first obtaining and maintaining annually, a license under this chapter. Each licensed mortgage loan originator or mortgage loan originator company shall register with and maintain a valid unique identifier issued by NMLS and shall submit to NMLS any reports that shall be in a form and contain information as NMLS may require.

(b) An independent contractor shall not engage in the activities of a loan processor or underwriter without a license pursuant to section 454F-4. Each independent contractor licensed as a mortgage loan originator shall obtain and maintain a valid unique identifier issued by NMLS. An independent contractor who is not an exclusive agent of a mortgage loan originator company, in addition to obtaining a license as a mortgage loan originator, shall obtain a license as a mortgage loan originator company.

(c) A loan processor or underwriter who does not represent to the public, through advertising or other means of communicating or providing information, including through business cards, stationery, brochures, signs, rate lists, or other promotional items, that the individual can or will perform any of the activities of a mortgage loan originator, who does not advertise that the individual can or will perform any of the activities of a mortgage loan originator, and who does not engage in the activities of a mortgage loan originator shall not be required to be licensed under this chapter.

(d) If this section or any provision of this section conflicts at any time with any federal law, then the federal law shall prevail and this section or the relevant provisions of this section shall become ineffective and invalid. The ineffectiveness or invalidity of this section or any of its provisions shall not affect any other provisions or applications of this chapter which shall be given effect without the invalid provision or application, and to this end, the provisions of this section are severable. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §10; am L 2013, c 168, §6; am L 2016, c 122, §7]
Haw. Rev. Stat. § 467-15.5 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-15.5
License issued after a revocation or automatic termination.
Status: in_force

A person whose license has been revoked, or automatically terminated in accordance with section 467-18(e), may apply for a license as a new applicant after the revocation or termination period and, if applicable, after repayment to the real estate recovery fund and compliance with all the terms of the commission's final order. Any person who was previously licensed as a real estate broker shall apply as a real estate salesperson. Any person who was previously licensed as a real estate salesperson shall apply as a real estate salesperson. A new applicant refused licensure as a real estate broker pursuant to this section shall not be entitled to a hearing on that refusal.
Haw. Rev. Stat. § 454F-25 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-25
Nonprofit organizations; mortgage loan originators.
Status: in_force

(a) An employee who performs mortgage loan originator activities for a nonprofit organization is exempt from registration and licensure as a mortgage loan originator; provided that:

(1) The employee's actions are part of the employee's duties as an employee of the nonprofit organization;

(2) The employee only provides mortgage loan originator services with respect to residential mortgage loans with terms favorable to the borrower; and

(3) The nonprofit organization maintains a valid registration as a nonprofit organization in NMLS and a unique identifier through NMLS.

(b) The commissioner shall periodically examine the books and activities of nonprofit organizations as defined in section 454F-1 and shall revoke an organization's registration as a nonprofit organization with NMLS if the nonprofit organization fails to meet the requirements to be a nonprofit organization.

(c) In determining whether a residential mortgage loan has terms favorable to the borrower, the commissioner shall examine:

(1) The interest rate that the home loan would carry;

(2) The charges that are imposed on the borrower for origination, application, closing, and other costs;

(3) Whether the mortgage includes any predatory characteristics;

(4) The borrower's ability to repay the loan; and

(5) The term of the mortgage.

(d) A nonprofit organization shall designate an employee who shall have the duty to directly manage and supervise the mortgage loan origination activity of the nonprofit organization, including:

(1) The maintenance of all records, contracts, and documents of the nonprofit organization relating to mortgage loan origination activity;

(2) All mortgage loan originator agreements and mortgage loan documents and the handling of these documents by the nonprofit organization's employees, or by independent contractors located at or working out of the nonprofit organization; and

(3) All employees of the nonprofit organization, and all independent contractors of the nonprofit organization located at or working out of the nonprofit organization, who are working on or handling mortgage loan origination activity of the nonprofit organization. [L 2012, c 252, pt of §1; am L 2014, c 9, §7 and c 198, §11; am L 2017, c 150, §10]
Haw. Rev. Stat. § 454F-4.8 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-4.8
[ § 454F-4.
Status: in_force

[ § 454F-4.8] Decision denying application subject to administrative hearing. (a) Within fifteen days following receipt of a decision denying an application, an applicant may petition the commissioner for an administrative hearing that shall be held in accordance with chapter 91 and the rules of the department of commerce and consumer affairs. If a petition for an administrative hearing is not filed within the time specified, the commissioner's decision denying the application shall become a final decision and order denying the application.

(b) Upon the receipt of a petition for an administrative hearing, the commissioner shall assign the petition to a hearings officer for further proceedings pursuant to the rules of the department of commerce and consumer affairs. The commissioner shall issue a written final decision and order, following the hearings officer's transmittal to the commissioner of the entire record together with the recommended decision, any timely filed exceptions, and any timely filed statements in support of the recommended decision. [L 2011, c 194, pt of §1]
Haw. Rev. Stat. § 468E-9 — HI Code / Division 2 / Title 25 / Chapter 468E / Section 468E-9
Application for examination.
Status: in_force

(a) A person eligible for licensure under section 468E-5 and desirous of licensure shall make application for examination to the board at least thirty days prior to the date of examination, upon a form and in such a manner as the board shall prescribe.

(b) Any application shall be accompanied by the appropriate fee.

(c) A person who fails an examination may make application for reexamination if the person again meets the requirements of subsections (a) and (b) of this section. [L 1974, c 48, pt of §1; gen ch 1985; am L 1988, c 320, §7]
Haw. Rev. Stat. § 460J-23 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-23
Pest control.
Status: in_force

A pest control operator may secure pest control work, identify infestations or infections, make inspections, and submit bids or otherwise contract for pest control work. A pest control operator may hire or employ individuals who are not licensed under this chapter to perform work on contracts.
Haw. Rev. Stat. § 441-3 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-3
Map or plat required; unique identifier.
Status: in_force

(a) The cemetery authority, as any of the dedicated cemetery property, or any part or section thereof, is offered for sale, transfer, or disposition in the form of plots, crypts, or niches, shall also:

(1) In the case of land, survey and subdivide the dedicated cemetery property into sections, blocks, plots, avenues, walks, or other subdivisions; make a good and substantial map or plat showing the sections, blocks, plots, avenues, walks, or other subdivisions, with descriptive names, initials, or numbers that uniquely identify each plot;

(2) In the case of a mausoleum or columbarium, make a good and substantial map or plat on which shall be delineated the sections, halls, rooms, corridors, elevation, and other divisions, with descriptive names, initials, or numbers that uniquely identify each niche, mausoleum, or crypt; and

(3) File the maps or plats required by this section in the office of the bureau of conveyances or the office of the assistant registrar of the land court, and maintain a copy of all filed maps as a permanent record of the cemetery authority.

(b) The cemetery authority shall also maintain a permanent, accurate record of the identity of each person whose remains are located in the cemetery, together with the corresponding unique identifier that indicates the location of the person's remains within the cemetery. The records required by this section shall be prepared and maintained in a manner that will enable the cemetery authority to timely respond to inquiries from the public or the department regarding the location of a person's remains within the cemetery.

(c) The cemetery authority shall specify the unique identifier of a plot, crypt, or niche in any document that provides for the sale, transfer, or disposition of the plot, crypt, or niche. [L 1967, c 199, pt of §1; HRS §441-3; am L 2007, c 188, §2]
Haw. Rev. Stat. § 469-3 — HI Code / Division 2 / Title 25 / Chapter 469 / Section 469-3
Renewal of license.
Status: in_force

Each licensed embalmer or licensed undertaker or funeral director shall, between July 1 and 10 of each year, renew the embalmer's or undertaker's or funeral director's license by registering with the department of health and by paying a renewal fee. Every license that is not so renewed shall expire on August 1 and shall not be renewed except upon the payment of a delinquent fee.
Haw. Rev. Stat. § 460J-13 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-13
Examination; operator's license.
Status: in_force

The board shall ascertain by written examination that an applicant for a license as operator is qualified in the use and understanding of all of the following:

(1) The English language, including reading, writing, and spelling.

(2) The building and safety laws of the State and any of its political subdivisions, if the branch or branches of pest control for which the applicant is applying require such knowledge.

(3) The labor laws of the State.

(4) The provisions of this chapter.

(5) Poisonous and other dangerous chemicals used in pest control, if the branch license or licenses for which the applicant is applying, require such knowledge.

(6) The theory and practice of pest control in the branch or branches for which the applicant desires to be licensed.

(7) Such other state laws, safety or health measures, or practices as are reasonably within the scope of pest control in the various branches. [L 1972, c 134, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 460J-2 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-2
Pest control board.
Status: in_force

(a) There shall be a pest control board of nine members. Six members of the board shall be appointed by the governor; of which four shall have been for a period of not less than five years preceding the date of their appointment, licensed pest control operators actively engaged in the business of pest control; and two shall be public members. Three members of the board shall serve on an ex officio, voting basis: the chairperson of the board of agriculture and biosecurity or the chairperson's representative, the director of health or the director's representative, and the chairperson of the department of plant and environmental protection sciences of the college of tropical agriculture and human resources of the University of Hawaii or the chairperson's representative. No two members of the board shall be employed by or associated with the same business firm engaged in pest control.

(b) Except for members of the board first appointed, no one, except the ex officio and public members, shall be eligible for appointment who does not at the time of the member's appointment hold a valid and unexpired license to operate as a pest control operator. [L 1972, c 134, pt of §1; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985; am L 1991, c 16, §5; am L 1992, c 202, §129; ree L 1993, c 322, §11; am L 2016, c 55, §16; am L 2025, c 236, §18]
Haw. Rev. Stat. § 453-7.5 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-7.5
Review of complaints and information by department.
Status: in_force

(a) The department of commerce and consumer affairs shall review each complaint, inquiry, and information, as applicable, received under sections 92-17, 329-44, 453-8.7, 663-1.7, and 671-5. The department shall investigate the complaint, inquiry, or information if it appears that the physician or osteopathic physician who is the subject of the complaint, inquiry, or information has violated this chapter. If the department determines that the physician or osteopathic physician has violated this chapter, the department shall present the results of its investigation to the Hawaii medical board for appropriate disciplinary proceedings.

(b) Reports of adverse decisions of peer review committees transmitted to the department under section 663-1.7 shall not be available to public inspection or subject to discovery and shall be held confidential by the department; provided that:

(1) A written affirmative or negative reply may be given to a written inquiry by a hospital or health care facility as to whether a report of an adverse decision is on file with the department; and

(2) A subpoenaed report shall be subject to the requirements under section 453-17. [L 1984, c 168, pt of §1; am L 2008, c 5, §10 and c 9, §3; am L 2012, c 296, §3]
Haw. Rev. Stat. § 437B-12 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-12
Enforcement.
Status: in_force

(a) In addition to any other actions authorized by law, in accordance with chapter 91, the board may fine, suspend, revoke, or refuse to renew the license of a motor vehicle repair dealer or mechanic for any violation of this chapter or rules adopted pursuant thereto. The board may also order restitution as provided in subsection (c).

(b) Any fine that is imposed shall be not less than $100 nor more than $2,500 for each violation.

(c) In lieu of or in addition to the fine imposed under this section, the board may require the motor vehicle repair dealer or mechanic to make restitution to the customer. Restitution may be imposed in lieu of a fine even though the amount may exceed the maximum fine set forth in subsection (b).

(d) If a motor vehicle repair dealer operates more than one motor vehicle repair facility in this State, the board pursuant to subsection (a) may only revoke, suspend, or refuse to renew the license of the specific motor vehicle repair facility that has violated this chapter. The violation, or the action by the board, shall not affect in any manner the right of the motor vehicle repair dealer to operate the dealer's other motor vehicle repair facilities; provided that the board may suspend, revoke, or refuse to renew the license for all motor vehicle repair facilities operated in this State by a motor vehicle repair dealer upon a finding that the motor vehicle repair dealer has, or is, engaged in a course of repeated and wilful violations of this chapter, or rules adopted pursuant thereto.

(e) Each:

(1) Mobile air conditioner serviced without using refrigerant recovery and recycling equipment;

(2) Motor vehicle or mobile air conditioner serviced after January 1, 1994, without successful completion of an appropriate training course dealing with the recovery and recycling of CFC and HCFC refrigerants; and

(3) Violation of chapter 342C,

constitutes a separate offense for which fines may be imposed under subsection (b). [L 1975, c 143, pt of §2; gen ch 1985; am L 1989, c 77, §8; am L 1990, c 316, §6; am L 1992, c 23, §1, c 202, §34, and c 264, §7; am L 1998, c 199, §8; am L 2021, c 230, §11]
Haw. Rev. Stat. § 463E-6.2 — HI Code / Division 2 / Title 25 / Chapter 463E / Section 463E-6.2
Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction requiring registration as a sex offender;
Status: in_force

(a) Notwithstanding any law to the contrary, the board shall automatically revoke a license or deny an application to renew, restore, or reinstate a license under either of the following circumstances:

(1) The licensee has been convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

(2) The licensee has been required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.

(b) The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

(c) Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the board within ten days of the notice. The hearing shall be held within thirty days of the revocation or denial. The proceeding shall be conducted in accordance with chapter 91.

(d) For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction. The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

(e) If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease. Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

(f) Any final order of discipline taken pursuant to this section shall be a matter of public record.

(g) The board shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

(1) The person has been required to register as a sex offender pursuant to chapter 846E, regardless of whether the conviction has been appealed; and

(2) The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense. [L 2025, c 273, §24]
Haw. Rev. Stat. § 467B-12 — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B-12
Filing requirements for professional fundraising counsel and professional solicitors.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below. L 2025, c 108, §§10, 13. ] (a) Every professional fundraising counsel or professional solicitor, prior to any solicitation, shall register with the department. The registration statement shall contain the information set forth in subsection (e). The registration statement shall be accompanied by a fee in the amount of $250, or in the amount and with any additional sums as may be prescribed by the attorney general. Renewal registration statements shall be filed with the department on or before July 1 of each calendar year by each professional fundraising counsel or professional solicitor. The renewal statement shall contain the information set forth in subsection (e). A renewal fee of $250, or in any amount and with any additional sums as may be prescribed by the attorney general, shall accompany the renewal statement. If a renewal registration required under this section is not filed, unless it is shown that the failure is due to reasonable cause, a fine of $20 shall be imposed for each day during which the violation continues; provided that the total amount imposed under this subsection shall not exceed $1,000.

(b) Each professional solicitor, at the time of each filing, shall file with and have approved by the attorney general a bond in which the applicant is the principal obligor in the penal sum of $25,000 issued with good and sufficient surety or sureties approved by the attorney general and which shall remain in effect for one year. The bond shall inure to the benefit of the State, conditioned that the applicant, its officers, directors, employees, agents, servants, and independent contractors shall not violate this chapter. A partnership or corporation that is a professional solicitor may file a consolidated bond on behalf of all its members, officers, and employees.

(c) The attorney general shall examine each registration statement and supporting document filed by a professional fundraising counsel or professional solicitor and shall determine whether the registration requirements are satisfied. If the attorney general determines that the registration requirements are not satisfied, the attorney general shall notify the professional fundraising counsel or professional solicitor in writing within fifteen business days of its receipt of the registration statement; otherwise the registration statement is deemed to be approved. Within seven business days after receipt of a notification that the registration requirements are not satisfied, the professional fundraising counsel or professional solicitor may request a hearing.

(d) The attorney general may require that registration and renewal registration, surety bonds, and contracts be filed with the department electronically and may require the use of electronic signatures.

(e) Each registration and renewal registration shall contain:

(1) The names and addresses of all owners, officers, and directors of a professional fundraising counsel, and the names and addresses of all owners, officers, and directors of a professional solicitor;

(2) A statement concerning the corporate form of the registrant, whether corporation, limited liability corporation, partnership, or individual;

(3) A statement whether the registrant has an office in Hawaii and the name and phone number of the person in charge of the office;

(4) The names and addresses of any individuals supervising any solicitation activity;

(5) A statement whether the [registrant] has entered into a consent agreement with, or been disciplined by or subject to administrative action by, another governmental agency;

(6) A statement whether any officer, director, or any person with a controlling interest in the registrant has ever been convicted of a felony or a misdemeanor involving dishonesty in the solicitation for a charitable purpose;

(7) The date that the registrant began soliciting Hawaii residents on behalf of a charitable organization or providing professional fundraising counsel services; and

(8) Whether any owners, directors, or officers are related to:

(A) Any other officers, directors, owners, or employees of the registrant;

(B) Any officer, director, trustee, or employee of a charitable organization under contract with the registrant; and

(C) Any vendor or supplier providing goods or services to a charitable organization under contract with the registrant. [L 1969, c 167, pt of §1; gen ch 1985; am L 1993, c 206, §13; am L 2004, c 93, §12; am L 2006, c 168, §5; am L 2008, c 174, §9; am L 2013, c 61, §12]

§467B-12 Filing requirements for professional fundraising counsel and professional solicitors. [Section effective July 1, 2026. For section effective until June 30, 2026, see above. L 2025, c 108, §§10, 13. ] (a) Every professional fundraising counsel or professional solicitor, before any solicitation, shall register with the department. The registration statement shall contain the information set forth in subsection (e). The registration statement shall be accompanied by a fee in the amount of $250, or in the amount and with any additional sums as may be prescribed by the attorney general. Renewal registration statements shall be filed with the department on or before July 1 of each calendar year by each professional fundraising counsel or professional solicitor. The renewal statement shall contain the information set forth in subsection (e). A renewal fee of $250, or in any amount and with any additional sums as may be prescribed by the attorney general, shall accompany the renewal statement. If a renewal registration required under this section is not filed, unless it is shown that the failure is due to reasonable cause, a fine of $20 shall be imposed for each day during which the violation continues; provided that the total amount imposed under this subsection shall not exceed $1,000.

(b) Each professional solicitor, at the time of each filing, shall file with and have approved by the attorney general a bond in which the applicant is the principal obligor in the penal sum of $25,000 issued with good and sufficient surety or sureties approved by the attorney general and which shall remain in effect for one year. The bond shall inure to the benefit of the State, conditioned that the applicant, its officers, directors, employees, agents, servants, and independent contractors shall not violate this chapter. A partnership or corporation that is a professional solicitor may file a consolidated bond on behalf of all its members, officers, and employees.

(c) The attorney general shall examine each registration statement and supporting document filed by a professional fundraising counsel or professional solicitor and shall determine whether the registration requirements are satisfied. If the attorney general determines that the registration requirements are not satisfied, the attorney general shall notify the professional fundraising counsel or professional solicitor in writing within fifteen business days of its receipt of the registration statement; otherwise the registration statement shall be deemed to be approved. Within seven business days after receipt of a notification that the registration requirements are not satisfied, the professional fundraising counsel or professional solicitor may request a hearing.

(d) The attorney general may require that registration and renewal registration, surety bonds, and contracts be filed with the department electronically and may require the use of electronic signatures.

(e) Each registration and renewal registration shall contain:

(1) The names and addresses of all owners, officers, and directors of a professional fundraising counsel, and the names and addresses of all owners, officers, and directors of a professional solicitor;

(2) A statement concerning the corporate form of the registrant, whether corporation, limited liability corporation, partnership, or individual;

(3) A statement whether the registrant has an office in Hawaii and the name and phone number of the person in charge of the office;

(4) The names and addresses of any individuals supervising any solicitation activity;

(5) A statement whether the registrant has entered into a consent agreement with, or been disciplined by or subject to administrative action by, another governmental agency;

(6) A statement whether any officer, director, or any person with a controlling interest in the registrant has ever been convicted of a felony or a misdemeanor involving dishonesty in the solicitation for a charitable purpose;

(7) The date that the registrant began soliciting Hawaii residents on behalf of a charitable organization or providing professional fundraising counsel services; and

(8) Whether any owners, directors, or officers are related to:

(A) Any other officers, directors, owners, or employees of the registrant;

(B) Any officer, director, trustee, or employee of a charitable organization under contract with the registrant; and

(C) Any vendor or supplier providing goods or services to a charitable organization under contract with the registrant. [L 1969, c 167, pt of §1; gen ch 1985; am L 1993, c 206, §13; am L 2004, c 93, §12; am L 2006, c 168, §5; am L 2008, c 174, §9; am L 2013, c 61, §12; am L 2024, c 205, §12; am L 2025, c 108, §8]
Haw. Rev. Stat. § 440-36 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-36
Revocation; suspension; fine.
Status: in_force

(a) In addition to any other actions authorized by law, the commission shall have the power to revoke or suspend the license of any individual or club licensed under any of the classifications designated in this chapter, or fine the licensee, or both, for any cause authorized by law, including but not limited to the following:

(1) Violation of any provision of this chapter or the rules adopted pursuant thereto or any other law, or rule that applies to those persons licensed under this chapter;

(2) Manifest incapacity, professional misconduct, or unethical conduct;

(3) Making any false representations or promises through advertising or other dissemination of information;

(4) Any fraudulent, dishonest, or deceitful act in connection with the licensing of any individual or club under this chapter or in connection with any boxing contest;

(5) Making any false or misleading statement in any application or document submitted or required to be filed under this chapter;

(6) Revocation or suspension of a license or other disciplinary action against the licensee by another state or boxing commission;

(7) Failure to report any disciplinary action, including medical and mandatory suspensions, or revocation or suspension of a license in another jurisdiction within fifteen days preceding any boxing match in which the licensee participates; or

(8) Participation in any sham or false boxing contest.

(b) The manager and second may be held responsible for all violations of this chapter by a boxer whom they manage, second, train, or serve as an agent for and may be subject to license revocation or suspension, or a fine, or any combination thereof, irrespective of whether any disciplinary action is taken against the boxer.

(c) Any individual or club in violation of this chapter shall be fined not more than $5,000 for each violation.

(d) In addition to the penalties provided in this chapter, any individual or club found in violation of any of the above may be prohibited from engaging in any boxing activities in the State for a period in conformity with that set forth in section 92-17. [L 1986, c 135, §2; am L 1992, c 202, §49; am L 2004, c 135, §24]
Haw. Rev. Stat. § 436M-10 — HI Code / Division 2 / Title 25 / Chapter 436M / Section 436M-10
Penalty.
Status: in_force

Any person who engages in an unlawful act or practice that violates any provision of this chapter shall be fined not less than $500 or more than $2,500 for each unlawful act or practice.
Haw. Rev. Stat. § 462A-7 — HI Code / Division 2 / Title 25 / Chapter 462A / Section 462A-7
REPEALED.
Status: in_force

L 1992, c 202, §228.
Haw. Rev. Stat. § 469-4 — HI Code / Division 2 / Title 25 / Chapter 469 / Section 469-4
Registration of apprentices.
Status: in_force

Any person at least eighteen years of age, of good moral character, may qualify as an apprentice under a regularly licensed embalmer. The person shall register with the department of health, and, upon the payment of a fee, a certificate of apprenticeship shall be issued the person.

On or between July 1 and 10 of each year, the person shall renew the person's certificate of registration and pay a renewal fee. If the renewal fee is not paid within thirty days from the date due, a penalty fee for delinquency attaches and becomes a part of the total fee due the department of health for such renewal. The applicant shall also file an affidavit of three citizens who have known the applicant during the past two years, certifying to the applicant's moral character. [L 1933, c 36, §3; RL 1935, §1452; am L 1943, c 57, pt of §1; RL 1945, §3054; RL 1955, §72-4; am L 1957, c 316, §10; am L Sp 1959 2d, c 1, §19; HRS §469-4; am L 1983, c 53, §4; gen ch 1985]
Haw. Rev. Stat. § 441-22.1 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-22.1
Exemption.
Status: in_force

(a) The director shall exempt any cemetery authority from the provisions of this chapter upon proof satisfactory to the director that the cemetery authority does not sell for financial profit; provided that a cemetery authority exempted under this section shall be required to comply with any provision of this chapter upon order by the director.

(b) Any church granted an exemption under this section shall be exempt from all requirements of this chapter. Any entity that is exempt as a church under federal tax law shall be considered a church for purposes of this section. [L 1968, c 14, §3; am L 1981, c 221, §8; am L 1985, c 101, §5; am L 2020, c 22, §1]
Haw. Rev. Stat. § 467-2 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-2
Exceptions.
Status: in_force

The provisions requiring licensing as a real estate broker or salesperson shall not apply:

(1) To any individual who, as owner of any real estate or acting under power of attorney from the owner, performs any of the acts enumerated in the definitions of real estate broker and real estate salesperson with reference to the real estate; provided that the term "owner" as used in this paragraph shall not include any individual engaged in the business of real estate development or brokerage or include an individual who acquires any interest in any real estate for the purpose or as a means of evading the licensing requirements of this chapter; and provided further that the term individual "acting under power of attorney" as used in this paragraph shall not include any individual engaged in the business of real estate development or brokerage or any individual who acts under a power of attorney for the purpose or as a means of evading the licensing requirements of this chapter;

(2) To any person acting as a receiver, trustee in bankruptcy, personal representative, or trustee acting under any trust agreement, deed of trust, or will, or otherwise acting under any order of authorization of any court;

(3) To any individual who leases, offers to lease, rents, or offers to rent, any real estate or the improvements thereon of which the individual is the custodian or caretaker;

(4) To any person who manages, rents, or operates a hotel; or

(5) To any provider agency owning, leasing, operating, or managing a homeless facility or any other program for the homeless authorized under part XVII of chapter 346. [L 1933, c 140, §12; RL 1935, §7311; am L 1941, c 205, pt of §1; RL 1945, §7732; RL 1955, §170-2; am L 1961, c 154, §2; HRS §467-2; am L 1971, c 26, §1; am L 1976, c 200, pt of §1; am L 1985, c 141, §3; gen ch 1985; am L 1989, c 217, §2; am L 1991, c 212, §6; am L 1994, c 100, §2; am L 1997, c 350, §17; am L 1998, c 212, §3; am L 2007, c 249, §22; am L 2010, c 89, §6]
Haw. Rev. Stat. § 454F-42 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-42
Statute of limitation; recovery from fund.
Status: in_force

(a) No action for a judgment that subsequently results in an order for collection from the mortgage loan recovery fund shall be commenced later than six years from the accrual of the cause of action. When any aggrieved person commences an action for a judgment that may result in collection from the mortgage loan recovery fund, the aggrieved person shall notify the commissioner in writing at the time of the commencement of the action and shall submit to the commissioner any documents required by the commissioner pursuant to rules issued in accordance with chapter 91.

(b) When any aggrieved person receives a valid judgment upon the grounds of fraud, misrepresentation, or deceit that occurred before the effective date of section 454F-41 against any licensee from any circuit or district court where the violation occurred, the aggrieved person shall proceed against the bond covering the license that was in force prior to the enactment of section 454F-41 and establishment of the mortgage loan recovery fund.

(c) The court shall proceed upon an application to recover from the mortgage loan recovery fund in a summary manner and, at hearing, the aggrieved person shall be required to show:

(1) The person is not a spouse of the judgment debtor or the personal representative of a spouse of the judgment debtor;

(2) The person has complied with all the requirements of this section;

(3) The person has obtained a judgment pursuant to section 454F-41(a) that states the amount of the judgment and the amount owed on the judgment debt as of the date of the application;

(4) The person has made all reasonable searches and inquires to ascertain whether the judgment debtor is possessed of real or personal property or other assets liable to be sold or applied in satisfaction of the judgment; and

(A) The search has uncovered no personal or real property or other assets liable to be sold or applied; or

(B) The search has uncovered personal or real property or other assets liable to be sold or applied, the person has taken all necessary action and completed all necessary proceedings for the realization thereof, and the amount realized was insufficient to satisfy the judgment; provided that the person shall state the amount realized and the balance remaining due on the judgment after application of the amount realized; and

(5) That where the licensee is a judgment debtor in a bankruptcy proceeding, the aggrieved person has obtained an order from the bankruptcy court declaring the judgment against the licensee to be non-dischargeable.

(d) Upon hearing, if the court is satisfied of the truth of all matters required by subsection (c) and that the aggrieved person has fully pursued and exhausted all remedies available to the person for recovering the amount awarded by the judgment of the court, the court shall issue an order directing the commissioner to pay from the mortgage loan recovery fund whatever sum the court finds to be payable upon the claim in accordance with the limitations contained in this section.

(e) In addition to the procedure provided in subsections (c) and (d), the commissioner may also consider applications to recover from the mortgage loan recovery fund. An aggrieved person who has obtained a final judgment from the court may submit the person's application to the commissioner. If the commissioner is satisfied as to the truth of the application, and that, despite reasonable efforts the person has been unable to recover on the judgment, the commissioner may issue an order approving payment from the mortgage loan recovery fund.

(f) Notwithstanding any other provision, the liability of the mortgage loan recovery fund shall not exceed the sum of $100,000 against any one licensee. [L 2010, c 84, pt of §3; am L 2011, c 194, §14; am L 2022, c 64, §2]
Haw. Rev. Stat. § 444-25.5 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-25.5
Disclosure; contracts.
Status: in_force

(a) Prior to entering into a contract with a homeowner, or at the time a homeowner signs a contract, involving home construction or improvements, licensed contractors shall:

(1) Explain verbally in detail to the homeowner all lien rights of all parties performing under the contract, including the homeowner, the contractor, any subcontractor, or any materialman supplying commodities or labor on the project;

(2) Explain verbally in detail the homeowner's option to demand bonding on the project, how the bond would protect the homeowner, and the approximate expense of the bond; and

(3) Disclose all information pertaining to the contract and its performance and any other relevant information that the board may require by rule.

(b) All licensed contractors performing home construction or improvements shall provide a written contract to the homeowner. The written contract shall:

(1) Contain the information provided in subsection (a) and any other relevant information that the board may require by rule;

(2) Contain notice of the contractor's right to resolve alleged construction defects prior to commencing any litigation in accordance with section 672E-11;

(3) Be signed by the contractor and the homeowner; and

(4) Be executed prior to the performance of any home construction or improvement.

(c) For the purpose of this section, "homeowner" means the owner or lessee of residential real property, including owners or lessees of condominium or cooperative units, notwithstanding owner-builder status.

(d) Any violation of this section shall be deemed an unfair or deceptive practice and shall be subject to provisions of chapter 480, as well as the provisions of this chapter. [L 1975, c 183, §4; am L 1984, c 95, §8; am L 1989, c 306, §1; am L 1995, c 20, §7; am L 2004, c 119, §3; am L 2013, c 176, §4]
Haw. Rev. Stat. § 457A-9 — HI Code / Division 2 / Title 25 / Chapter 457A / Section 457A-9
Revocation of certification or denial of application to renew, restore, or reinstate a certification based on conviction requiring registration as a s
Status: in_force

(a) Notwithstanding any law to the contrary, the director shall automatically revoke a certification or deny an application to renew, restore, or reinstate a certification under either of the following circumstances:

(1) The person has been convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

(2) The person has been required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.

(b) The director shall notify the person of the certification revocation or denial of application to renew, restore, or reinstate the certification and of the right to elect to have a hearing as provided in subsection (c).

(c) Upon revocation of the certification or denial of an application to renew, restore, or reinstate, the person may file a written request for a hearing with the director within ten days of the notice. The hearing shall be held within thirty days of the revocation or denial. The proceeding shall be conducted in accordance with chapter 91.

(d) For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction. The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

(e) If the related conviction of the person is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease. Nothing in this subsection shall prohibit the director from pursuing disciplinary action based on any cause other than the overturned conviction.

(f) Any final order of discipline taken pursuant to this section shall be a matter of public record.

(g) The director shall not restore, renew, or otherwise reinstate the certification of a person under any of the following circumstances:

(1) The person has been required to register as a sex offender pursuant to chapter 846E, regardless of whether the conviction has been appealed; and

(2) The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense. [L 2025, c 273, §16]
Haw. Rev. Stat. § 448E-4 — HI Code / Division 2 / Title 25 / Chapter 448E / Section 448E-4
Powers and duties of board.
Status: in_force

In addition to any other powers and duties authorized by law, the board shall have all the powers and duties necessary or convenient to carry out and effectuate this chapter, including but not limited to the following powers and duties:

(1) To grant licenses which shall be renewable for:

(A) Journey worker electricians;

(B) Journey worker specialty electricians;

(C) Supervising electricians;

(D) Supervising specialty electricians;

(E) Master plumbers;

(F) Journey worker plumbers;

(G) Maintenance electricians;

(H) Journey worker industrial electricians; and

(I) Supervising industrial electricians;

(2) To adopt, amend, or repeal rules in accordance with chapter 91 as it may deem proper to effectuate this chapter and to insure the safety and welfare of the general public; provided that the rules may forbid acts or practices deemed by the board to be detrimental to the accomplishment of the purpose of this chapter;

(3) To enforce this chapter and rules adopted pursuant to this chapter and chapter 91, including the denial, suspension, or revocation of any license; and

(4) To examine all applicants and licensees to determine their qualifications prior to the issuance or renewal of licenses. [L 1971, c 183, pt of §1; am L 1972, c 196, §2; am L 1978, c 99, §1; am L 1979, c 105, §43; am L 1982, c 205, §2; am L 1983, c 56, §3; am L 1992, c 202, §80; gen ch 1993; am L 1994, c 215, §3]
Haw. Rev. Stat. § 456-6 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-6
Liabilities; limitations on; official bond.
Status: in_force

(a) In the performance of a notarial act, a notary public's liability shall be limited to a failure by the notary public to perform properly the actions required for the jurat, acknowledgment, or other notarial acts. The notary public's liability shall not be based on statements in a notarized document apart from the notarial certificate.

(b) For the official misconduct or neglect of a notary public or breach of any of the conditions of the notary public's official bond, the notary public and the surety on the notary public's official bond shall be liable to the party injured thereby for all the damages sustained. The party shall have a right of action in the party's name upon the bond and may prosecute the action to final judgment and execution. [L 1941, c 322, pt of §4; RL 1945, §7666; RL 1955, §168-6; HRS §456-6; gen ch 1985; am L 1996, c 18, §1; am L 2020, c 54, §9]
Haw. Rev. Stat. § 440E-24 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-24
Disposition of receipts.
Status: in_force

Except as otherwise provided for in this chapter, all fees and other moneys received by the director shall be deposited into the compliance resolution fund.
Haw. Rev. Stat. § 441-24.5 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-24.5
Pre-need trusts and perpetual care funds; audited financial statements.
Status: in_force

Every cemetery authority operating a perpetual care cemetery or which engages in pre-need sales or holds money in trust for pre-need interment services, and every pre-need funeral authority which engages in pre-need sales or holds money in trust for pre-need funeral services shall submit an audited financial statement of its pre-need trusts and perpetual care funds to the director within ninety days after the close of the authority's books on a fiscal or calendar year basis.