Haw. Rev. Stat. § 451J-1 — HI Code / Division 2 / Title 25 / Chapter 451J / Section 451J-1
Definitions.
Status: in_force

As used in this chapter, unless the context clearly requires a different meaning:

"Accredited educational institution" means any educational institution which grants a master's or doctoral degree and is accredited by a regional accrediting body or a post graduate training institute accredited by the Commission on Accreditation for Marriage and Family Education.

"Advertise" means the issuing of or causing to be distributed any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on or in any building, on radio or television, or by advertising by any other means designed to secure public attention.

"Associate marriage and family therapist" or "licensed associate marriage and family therapist" [Definition effective July 1, 2026.] means a person who:

(1) Has completed all educational requirements under section 451J-7.2(a)(1);

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

(3) Is currently earning supervised clinical experience in marriage and family therapy under clinical supervision.

"Association" means the American Association for Marriage and Family Therapy.

"Clinical supervision" [Definition effective until June 30, 2026. For definition effective July 1, 2026, see below.] means the supervision of no more than six persons at the same time who are acquiring and completing clinical experience in accordance with section 451J-7(2) and (3), by a licensed marriage and family therapist whose license has been in good standing in any state for two years preceding commencement and during the term of supervision, or any licensed mental health professional whose license has been in good standing in any state and who has been a clinical member in good standing of the association for the two years preceding commencement and during the term of supervision. Clinical supervision includes but is not limited to case consultation of the assessment and diagnosis of presenting problems, development and implementation of treatment plans, and the evaluation of the course of treatment. Clinical supervision may include direct observation by the qualified supervisor of the provision of marriage and family therapy services.

"Clinical supervision" [Definition effective July 1, 2026. For definition effective until June 30, 2026, see above.] means the supervision of no more than six persons at the same time who are acquiring and completing clinical experience in accordance with sections 451J-7(2) and (3) and 451J-7.2(a)(3), by a licensed marriage and family therapist whose license has been in good standing in any state for two years preceding commencement and during the term of supervision, or any licensed mental health professional whose license has been in good standing in any state and who has been a clinical member in good standing of the association for the two years preceding commencement and during the term of supervision. "Clinical supervision" includes but is not limited to case consultation of the assessment and diagnosis of presenting problems, development and implementation of treatment plans, and the evaluation of the course of treatment. "Clinical supervision" may include direct observation by the qualified supervisor of the provision of marriage and family therapy services.

"Continuing education courses" means courses approved by the American Association for Marriage and Family Therapy, American Association for Marriage and Family Therapy: Hawaii Division, American Psychological Association, Hawaii Psychological Association, National Association of Social Workers, or National Board for Certified Counselors and Affiliates, Inc.

"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.

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

"Family systems theories" means a body of research which focuses on understanding the family system and other social systems of the individual as integral to evaluating the etiology and providing treatment of mental and nervous disorders.

"Marriage and family therapist" or "licensed marriage and family therapist" means a person who uses the title of marriage and family therapist or licensed marriage and family therapist, who has been issued a license under this chapter, and whose license is in effect and not revoked or suspended at the time in question.

"Marriage and family therapy intern" [Definition deleted effective July 1, 2026.] means a person who has completed all educational requirements stipulated in section 451J-7(1)(A) and who is currently earning supervised clinical experience in marriage and family therapy under clinical supervision.

"Marriage and family therapy practice" means the application of psychotherapeutic and family systems theories and techniques in the delivery of services to individuals, couples, or families in order to diagnose and treat mental, emotional, and nervous disorders, whether these are behavioral, cognitive, or affective, within the context of the individual's relationships. Marriage and family therapy is offered directly to the general public or through organizations, either public or private, for a fee or through pro bono work. Marriage and family therapists assist individuals, couples, and families to achieve more adequate, satisfying, and productive social relationships, enable individuals to improve behavioral or psychological functioning, and help individuals reduce distress or disability. Marriage and family therapy includes but is not limited to:

(1) Assessment and diagnosis of presenting problems through inquiry, observation, evaluation, integration of diagnostic information from adjunctive resources, description, and interpretation of verbal and nonverbal communication, thought processes, beliefs, affect, boundaries, roles, life cycle stages, family interaction patterns, economic, social, emotional, and mental functioning, in order to identify specific dysfunctions and to identify the presence of disorders as identified in the Diagnostic and Statistical Manual of Mental Disorders;

(2) Designing and developing treatment plans by incorporating and integrating recognized family system theories, communication principles, crisis counseling principles, cognitive and behavioral counseling principles, or psychotherapeutic techniques in establishing short- and long-term goals and interventions collaboratively with the client; and

(3) Implementing and evaluating the course of treatment by incorporating family systems theories to assist individuals, couples, and families to achieve more adequate, satisfying, and productive social relationships, to enable individuals to improve behavioral or psychological functioning, and to help individuals reduce distress or disability by improving problem solving skills, decision-making skills, communication and other relationship interaction patterns, identification of strengths and weaknesses, understanding or resolution of interpersonal or intrapersonal issues, recognition, development, and expression of appropriate affect, and referral to adjunctive medical, psychological, psychiatric, educational, legal, or social resources.

"Use of a title" means to hold oneself out to the public as having a particular status by stating the status on signs, mailboxes, address plates, stationery, announcements, telephone directory advertising, business cards, or other instruments of professional identification. [L 1998, c 159, pt of §2; am L 2014, c 28, §2; am L 2016, c 29, §5; am L 2024, c 93, §3]
Haw. Rev. Stat. § 443B-5 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-5
Bond.
Status: in_force

(a) Each collection agency shall file and maintain with the director a bond in the penal sum of $25,000 for the first office in this State and $15,000 for each additional office in this State.

(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 collection agency faithfully, promptly, and truly shall account and pay within thirty days after the calendar month, to its clients the net proceeds due on all collections made during the calendar month. The bond shall be conditioned further that the collection agency will comply with all requirements of this chapter or any other statute now in force or hereafter enacted with respect to the duties, conduct, obligations, and liabilities of collection agencies.

(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 collection agency for which the bond was issued.

(d) The bond shall be continuous in form and remain in full force and effect unless terminated or canceled by the surety. Termination or cancellation shall not be effective, unless notice thereof is delivered by the surety to the director and the collection agency at least sixty days prior to the date of termination or cancellation.

(e) Failure, refusal, or neglect of a collection agency to maintain in full force and effect a bond as required by this section shall cause the automatic suspension of the registration of the collection agency effective as of the date of expiration, termination, or cancellation of the bond. The director shall not reinstate the affected registration until satisfactory proof of bond coverage is submitted to the director as required by this section. Failure to effect a reinstatement of a suspended registration within sixty days of the expiration of the requirements of registration shall cause it to be forfeited, thereby forfeiting all registration and biennial renewal fees. A collection agency, within fifteen days after receipt of the notification of the registration forfeiture, may request an administrative hearing to review the forfeiture pursuant to chapter 91.

(f) Upon expiration, termination, or cancellation of the bond, the collection agency shall cease to do business as a collection agency in this State and the collection agency shall not resume business in this State until a bond as required in subsection (a) is submitted to the director. [L 1987, c 191, pt of §1; am L 1990, c 246, §§6, 7]
Haw. Rev. Stat. § 453D-7 — HI Code / Division 2 / Title 25 / Chapter 453D / Section 453D-7
Application for licensure as a mental health counselor.
Status: in_force

(a) An applicant shall be issued a license by the department if the applicant provides satisfactory evidence to the department that the applicant is qualified for licensure pursuant to the requirements of this chapter and meets the following qualifications:

(1) Receipt of a master's degree or doctoral degree from an accredited educational institution in counseling or in an allied field related to the practice of mental health counseling that includes, or is supplemented by, graduate level course work in counseling comprising a minimum of forty-eight semester hours or seventy-two quarter hours in the following course areas, with a minimum of three semester hours or five quarter hours in each course area as indicated below:

(A) Human growth and development, including but not limited to the study of life span development, strategies to facilitate that development and transitions, theories of learning and personality development, and human behavior to include crisis, disabilities, addictive behavior, and environmental factors;

(B) Social and cultural foundations, including but not limited to the study of issues and trends in a multicultural and diverse society, including characteristics of diverse groups that may include but are not limited to age, race, religious or sexual preference, physical disability, ethnicity and culture, gender, socioeconomics, intellectual ability, and individual, family, and group strategies with diverse populations;

(C) Counseling theories and applications, including but not limited to counseling and consultation, including both individual and systems perspectives, interviewing, assessment, and counseling skills, as well as applying principles, methods, and theories of counseling, treatment and counseling of mental and emotional disorders, and educational techniques aimed at preventing these disorders with individuals and families;

(D) Group theory and practice, including but not limited to principles of group dynamics, group process, group leadership styles, theories and methods of group counseling, and the application of theory to the group processes;

(E) Career and lifestyle development, including but not limited to the study of vocational development theories and decision-making models, assessment instruments, and techniques, types, sources, and uses of occupational and educational information systems, career development applications, and career counseling processes, techniques, and resources;

(F) Appraisal of human behavior, including but not limited to assessment and diagnosis of disorders with an emphasis on DSM categories and an understanding of these disorders relative to the counseling context;

(G) Tests and measurements, including but not limited to theoretical and historical bases for assessment techniques, and assessment methods, including analysis of various types of tests to select, administer, interpret, and use assessment and evaluation instruments and techniques in counseling;

(H) Research and program evaluation, including but not limited to research design and methods, statistical analysis, principles, practices, and application of needs assessment, and program evaluation;

(I) Professional orientation and ethics, including but not limited to the history of the helping profession, professional roles and functions, ethical standards, confidentiality, professional organizations, and the public policy process, including advocacy on behalf of the profession and its clientele; and

(J) At least two academic terms of supervised mental health practicum intern experience for graduate credit of at least six semester hours or ten quarter hours in a mental health counseling setting, with a total of three hundred hours of supervised client contact. The practicum experience shall be completed under the clinical supervision of a person who is licensed as a mental health counselor, psychologist, clinical social worker, advanced practice registered nurse with a specialty in mental health, marriage and family therapist, or physician with a specialty in psychiatry;

(2) Completion of not less than three thousand hours of post-graduate experience in the practice of mental health counseling, with one hundred hours of face-to-face clinical supervision that shall be completed in no less than two years and in no more than four years, under the clinical supervision of a person who is a licensed mental health counselor, psychologist, clinical social worker, advanced practice registered nurse with a specialty in mental health, marriage and family therapist, or physician with a specialty in psychiatry. In collaboration with the supervisor, the applicant may elect to fulfill some or all of the supervision requirements through face-to-face supervision that is conducted electronically through a videoconference service that complies with all federal and state privacy, security, and confidentiality laws, including the Health Insurance Portability and Accountability Act of 1996; provided that the applicant shall review the laws and rules of other jurisdictions to determine the impact, if any, that electronic supervision may have on licensure by endorsement or reciprocity in other states prior to electing electronic supervision; and

(3) Passage of the National Counselor Examination for Licensure and Certification.

(b) An individual shall be deemed to have met the requirements of this section if the individual:

(1) Holds current, unencumbered certification as a national certified counselor or a national certified rehabilitation counselor prior to the effective date of this chapter;

(2) Has passed the National Counselor Examination for Licensure and Certification, National Clinical Mental Health Counselors Examination of the National Board for Certified Counselors, or Commission on Rehabilitation Counselor Certification examination after January 1, 2000, and before July 1, 2005; and

(3) Within one year of the effective date of this chapter, applies for licensure and pays the applicable license fee.

(c) For an applicant who graduated from an accredited educational institution as specified in subsection (a)(1) before July 1, 2007, the department shall also deem acceptable:

(1) For practicum intern experience, written certification from an official of the institution of higher education attesting that the applicant has completed the academic terms, graduate credit hours, and supervised client contact hours in subsection (a)(1)(J) and that the applicant's practicum intern experience is equivalent to a mental health graduate level practicum program; and

(2) For post-graduate experience, written certification from an officer and the clinical supervisor of the agency at which the applicant has earned experience attesting that the applicant has completed the hours of experience and supervision in subsection (a)(2), within the time frame set forth in that subsection, and that the applicant's post-graduate experience is equivalent to the practice of mental health counseling.

The license requirements for clinical supervisors under subsections (a)(1)(J) and (a)(2) shall not apply to this subsection. [L 2004, c 209, pt of §2; am L 2006, c 14, §3; am L 2007, c 252, §2; am L 2008, c 206, §1; am L 2018, c 185, §2; am L 2020, c 63, §2]
Haw. Rev. Stat. § 448F-3 — HI Code / Division 2 / Title 25 / Chapter 448F / Section 448F-3
License required.
Status: in_force

Except as otherwise provided by law, no person shall practice the occupation of electrologist in this State either gratuitously or for pay, or shall announce oneself either publicly or privately as prepared or qualified to practice this occupation without having a license issued by the department pursuant to this chapter.
Haw. Rev. Stat. § 440-16 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-16
Failure to report receipts.
Status: in_force

Whenever any individual or club holding a license to conduct, hold, or give boxing contests fails to make a report of any boxing contest at the time and in the manner herein prescribed, or whenever the report is unsatisfactory to the commission, the executive officer, at the licensee's expense, may examine, or cause to be examined, the books and records of the individual or club.
Haw. Rev. Stat. § 456-10 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-10
Duties, by mercantile usage.
Status: in_force

It shall be a notary public's duty, when requested, to enter on record all losses or damages sustained or apprehended, by sea or land, and also all averages, and such other matters as, by mercantile usage, appertain to the notary's office, and cause protest thereof to be made, duly and formally. [CC 1859, §1269; RL 1925, §3177; RL 1935, §5203; RL 1945, §7670; RL 1955, §168-10; HRS §456-10; gen ch 1985]
Haw. Rev. Stat. § 441-32.5 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-32.5
Sales contracts; filing with the director.
Status: in_force

Every cemetery or pre-need funeral authority shall file with the director a copy of all existing contract forms, and any new contract form prior to its use, relating to the selling of cemetery property or pre-need services and related commodities. The content of the contract shall be in conformance with section 441-22.5(b).
Haw. Rev. Stat. § 458-6.5 — HI Code / Division 2 / Title 25 / Chapter 458 / Section 458-6.5
License; application; qualifications.
Status: in_force

(a) An individual shall be licensed as a dispensing optician to engage in the occupation of dispensing optician.

(b) The applicant shall provide evidence of having:

(1) The equivalent of a high school education and two years of opticianry work experience as required by administrative rules;

(2) Graduation from an opticianry course accredited by the Commission on Opticianry Accreditation; or

(3) A current and valid license as a dispensing optician in another state or territory of the United States and passage of the national examinations specified in subsection (c).

The applicant shall submit to the director an application for a license on a form prescribed by the director, which shall include the applicant's experience and signature, and an application fee.

(c) The applicant shall provide evidence of having passed the following examinations:

(1) The National Opticianry Competency Examination;

(2) The National Contact Lens Registry Examination; and

(3) A nationally standardized practical examination may be required by the director as a prerequisite for dispensing optician licensure.

Any applicant who has previously passed both the National Opticianry Competency Examination and the National Contact Lens Registry Examination in a state or territory of the United States shall not be required to retake these examinations provided that the applicant's passing scores have been certified. [L 1987, c 300, §7; am L 1992, c 155, §1 and c 202, §117; am L 1997, c 301, §5]
Haw. Rev. Stat. § 468L-5.6 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-5.6
Violations; summary suspension; penalties.
Status: in_force

(a) Any violations by a travel agency or charter tour operator of any law or rule relating to client trust accounts shall constitute a prima facie showing of fraud on the part of the travel agency or charter tour operator.

(b) Upon a violation by a travel agency or charter tour operator of any law or rule relating to client trust accounts, the director may suspend or restrict the registration of the travel agency or charter tour operator as provided under section 436B-23. The director, as part of a proceeding brought under section 436B-23, may order a freeze of the bank or deposit accounts of the travel agency or charter tour operator.

(c) A travel agency or charter tour operator that violates any provision of this chapter may be fined not more than $1,000 for each violation; provided that a charter tour operator also shall be assessed an administrative fine pursuant to section 468L-27 for any violation of that section. [L 2001, c 62, pt of §2]
Haw. Rev. Stat. § 461-15.5 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-15.5
[ §461-15.
Status: in_force

[ §461-15.5] Distribution of dialysate drugs and devices. (a) The license, registration, and permit requirements of this chapter shall not apply to a manufacturer, wholesale distributor, manufacturer engaged in direct distribution to qualified persons, or third-party logistics provider, to the extent the manufacturer, wholesale distributor, manufacturer engaged in direct distribution to qualified persons, or third-party logistics provider is engaged in the distribution of dialysate drugs or devices necessary to perform home dialysis on patients with end-stage renal disease; provided that the following criteria shall be met:

(1) The dialysate drugs or devices are approved by the United States Food and Drug Administration, as required by federal law;

(2) The dialysate drugs or devices are lawfully held by a manufacturer or a manufacturer's agent that is properly licensed with the board as a manufacturer, wholesale distributor, or manufacturer engaged in direct distribution to qualified persons;

(3) The dialysate drugs or devices are held and delivered in the original, sealed, and labeled packaging from the manufacturing facility;

(4) The dialysate drugs or devices are delivered only by the manufacturer or the manufacturer's agent and only upon receipt of an order by a physician, a physician assistant, or an advanced practice registered nurse with prescriptive authority ; and

(5) The manufacturer or the manufacturer's agent delivers the dialysate drugs or devices directly to:

(A) A patient with end-stage renal disease, or the patient's designee, for the patient's self-administration of dialysis therapy; or

(B) A health care provider or an institution for administration or delivery of dialysis therapy to a patient with end-stage renal disease.

(b) For the purposes of this section:

"Manufacturer" has the same meaning as in section 328-112.

"Third-party logistics provider" means an entity that provides or coordinates warehousing or other logistics services on behalf of a manufacturer, wholesale distributor, or dispenser of a product.

"Wholesale distributor" has the same meaning as in section 328-112. [L 2023, c 101, §1]
Haw. Rev. Stat. § 466J-3 — HI Code / Division 2 / Title 25 / Chapter 466J / Section 466J-3
Executive officer; other assistants.
Status: in_force

(a) Subject to chapter 76 the department of health may employ and remove such administrative and clerical assistants as the board may require and prescribe their powers and duties.

(b) The department shall employ an executive officer of the board whose position shall be subject to chapter 76. The executive officer shall:

(1) Be employed with due regard to the officer's fitness, thorough administrative ability, and knowledge of and experience in the field of radiologic technology;

(2) Administer this chapter and the rules and orders established hereunder and perform such other duties as the board may require; and

(3) Prepare reports and collect and disseminate data and other public information relating to radiologic technology. [L 1974, c 253, pt of §2; ree L 1980, c 128, pt of §1; gen ch 1985; am L 2000, c 253, §150; am L 2004, c 167, §2]
Haw. Rev. Stat. § 461-22 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-22
Cumulative remedies.
Status: in_force

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. § 463-8 — HI Code / Division 2 / Title 25 / Chapter 463 / Section 463-8
Principal guards and guard agencies; qualifications for license.
Status: in_force

[Repeal and reenactment on July 1, 2016. L 2010, c 208, §8.] (a) The board may grant a principal guard license to any suitable individual, or a guard agency license to any suitable firm making written application therefor. The applicant, if an individual, or the principal guard of a firm shall:

(1) Be not less than eighteen years of age;

(2) Have had a high school education or its equivalent;

(3) Have had experience reasonably equivalent to at least four years of full-time guard work;

(4) Not be presently suffering from any psychiatric or psychological disorder which is directly related and detrimental to a person's performance in the profession;

(5) Not have been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the applicant to engage in the profession, unless the conviction has been annulled or expunged by court order; and

(6) Possess a history of honesty, truthfulness, financial integrity, and fair dealing.

A firm applying for a guard agency license shall have in its employ an individual who is licensed and registered as a guard pursuant to section 463-10.5 and who shall be designated as the principal guard for the firm, and shall provide a bond as required under section 463-12.

(b) A guard agency may employ as many agents, operatives, and assistants in a guard capacity and as necessary for the conduct of business; provided that the principal guard shall be held responsible for, and have direct management and control of, the agency and the agency's employees while they are acting within the scope and purpose of the guard agency's business. These employees shall:

(1) Have had a high school education or its equivalent;

(2) Not be presently suffering from any psychiatric or psychological disorder which is directly related and detrimental to a person's performance in the profession;

(3) Not have been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the employee to engage in the profession, unless the conviction has been annulled or expunged by court order; and

(4) Be registered with the board upon employment with the agency.

The employer, with the written authorization of the employee, shall conduct a criminal history records check, in accordance with section 463-10.5 and the rules of the board adopted pursuant thereto, of all new employees employed in a guard capacity directly through the Hawaii criminal justice data center upon certification to the board that the signature on the authorization is authentic. [L 1961, c 77, pt of §1; am L 1965, c 35, §2; Supp, §165A-8; HRS §463-8; am L 1974, c 21, §3 and c 205, §2(24); am L 1983, c 40, §5; am L 1987, c 57, §4; am L 1994, c 122, §5; am L 2004, c 94, §7; am L 2010, c 208, §3]
Haw. Rev. Stat. § 449-23 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-23
Removal of officers or directors.
Status: in_force

(a) The commissioner may order the removal of any officer or director from office or employment with an escrow depository and prohibit the person's affiliation or participation in the affairs of the escrow depository if the commissioner determines that any of the following circumstances exist:

(1) The person has violated a state law regulating escrow depositories, violated a cease and desist order, engaged or participated in an unsafe or unsound practice in connection with the escrow depository, or breached a fiduciary duty;

(2) As a result of a statutory violation or breach the escrow depository has suffered or will probably suffer financial loss or other damage, the interests of the escrow depository's clients have been or may be prejudiced, or the person has received financial gain as a result of such violation or breach; or

(3) The violation or breach involves the person's personal dishonesty, or demonstrates the person's wilful or continuing disregard for the safety or soundness of the escrow depository.

(b) The commissioner shall serve the officer or director and the board of directors of the escrow depository with written notice containing the alleged violations or breaches, a summary of the facts upon which the allegations are based, and a statement of the commissioner's intention to remove the person from office or prohibit the person's affiliation with the escrow depository, or both. If the commissioner deems it necessary for the protection of the escrow depository or its clients, the notice may also suspend the officer or director from office or prohibit the party from further participation in any manner in the conduct of the affairs of the escrow depository, or both.

(c) Upon request of the person made within ten days after service of notice, the commissioner shall hold a hearing at which any pertinent evidence may be presented and after which the commissioner shall issue findings and a determination. If no hearing is timely requested, the commissioner may proceed to issue orders of removal or prohibition, or both, on the basis of the facts set forth in the written notice.

(d) No officer or director whose removal or prohibition has been ordered pursuant to this section shall thereafter participate in any manner in the conduct of the affairs of the affiliated escrow depository as long as the order remains in effect. Any violation of the order shall constitute a violation of law, and shall be sufficient for the issuance of a cease and desist order to the escrow depository. [L 1992, c 205, pt of §1]
Haw. Rev. Stat. § 441-11 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-11
Use as cemetery may not be disturbed after dedication.
Status: in_force

After property is dedicated to cemetery purposes pursuant to this chapter, neither the dedication nor the title of any plot, crypt, or niche owner shall be affected by the dissolution of the cemetery authority, by nonuser on its part, by alienation of the property, by any liens or encumbrances, by sale under execution, power of sale, or foreclosure, or otherwise except as expressly provided by law. Nothing herein, however, shall affect the rights of encumbrances which attached to property prior to the dedication thereof for cemetery purposes.
Haw. Rev. Stat. § 460J-27 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-27
Penalties for unlicensed acts.
Status: in_force

Any person or business organization that violates the provisions of section 460J-6 shall not be fined less than $5,000.
Haw. Rev. Stat. § 445-95.5 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-95.5
Suits by the State.
Status: in_force

The director of the department of human services, by and through the attorney general, may bring an action on behalf of the State to enjoin any violation of section 445-95.2, to enjoin any person, partnership, corporation or other organization who has violated section 445-95.2 from continuing to engage in the rooming house business, to collect the penalties provided by section 445-95.4, or to recover any damages sustained by any person injured by a violation of section 445-95.2. In any such action, the State shall also be entitled to recover the costs of suit together with reasonable attorneys' fees.
Haw. Rev. Stat. § 469-8 — HI Code / Division 2 / Title 25 / Chapter 469 / Section 469-8
Penalty.
Status: in_force

Any person who practices as an embalmer or undertaker without being registered with the department of health as herein provided shall be fined not less than $50 nor more than $250 or imprisoned not less than thirty days nor more than ninety days, or both.
Haw. Rev. Stat. § 440E-6 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-6
Licenses; promoters.
Status: in_force

(a) A promoter may apply to the director for a license that shall be required to promote, conduct, hold, or give mixed martial arts contests. The application shall be in writing, on a form prescribed by the director, and signed by the applicant, and shall include the following:

(1) Evidence of financial integrity in accordance with rules adopted by the director pursuant to chapter 91; and

(2) Proof that the applicant has currently satisfied all of the applicable requirements of the department's business registration division.

(b) The application shall contain a recital of the facts as may be specified by the director for the director to determine whether or not the applicant possesses the necessary physical, mental, moral, and financial qualifications to entitle the applicant to a license.

(c) The director shall not issue any license to conduct, hold, or give mixed martial arts contests unless the director is satisfied that the applicant has complied with the conditions of this chapter, possesses the necessary qualifications for a license, and is the real party in interest, and intends to conduct, hold, or give the mixed martial arts contest itself. The director shall not issue a promoter's license to an applicant if the applicant or any of the applicant's officers, directors, partners, members, or associates has been convicted of any crime related to gambling or a crime that is directly related to the person's performance in the sport of mixed martial arts.

(d) A license may be revoked at any time if the director finds after a hearing that:

(1) The licensee is not the real party in interest or has not complied with this chapter or the rules of the director; or

(2) The licensee or any of the licensee's officers, directors, partners, members, or associates have been convicted of any crime related to gambling or a crime that is directly related to the person's performance in the sport of mixed martial arts.

(e) Every license shall be subject to this chapter and the rules of the director.

(f) The application for a license to promote mixed martial arts contests shall be accompanied by a fee as provided in rules adopted by the director pursuant to chapter 91. [L 2007, c 279, pt of §1]
Haw. Rev. Stat. § 445-134.15 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-134.15
Pawnbroker's recourse.
Status: in_force

(a) Unless found to be stolen, mortgaged, or otherwise encumbered, any pledged goods not redeemed within the last holding period may thereafter, at the option of the pawnbroker, be forfeited and become the property of the pawnbroker.

(b) Where the customer has pledged defective goods, the only recourse of a pawnbroker shall be against the pledged goods. [L 1992, c 192, pt of §2]
Haw. Rev. Stat. § 453-13 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-13
Penalty.
Status: in_force

Any person who violates this chapter, or who offers or in any way attempts to engage in the practice of medicine as defined in section 453-1 and fails to comply with any of the requirements or provisions of this chapter, penalty for which violation or failure to comply is not otherwise provided for, shall be fined not more than $500 or imprisoned not more than six months and each day's violation or failure to comply shall be deemed a separate offense.

All tools, implements, medicine, and drugs used in the practice of medicine by any person convicted of practicing medicine without a license shall be declared forfeited to the State by the court and ordered destroyed. [L 1896, c 60, §6; RL 1925, §1028; am L 1929, c 109, §1; RL 1935, §1207; RL 1945, §2512; RL 1955, §64-12; HRS §453-13]
Haw. Rev. Stat. § 466-3 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-3
Definitions.
Status: in_force

When used in this chapter, the following terms have the meanings indicated:

"Attest" means providing the following financial statement services:

(1) Any audit or other engagement to be performed in accordance with the statements on auditing standards of the American Institute of Certified Public Accountants;

(2) Any compilation or review of a financial statement to be performed in accordance with the statements on standards for accounting and review services of the American Institute of Certified Public Accountants;

(3) Any examination of prospective financial information to be performed in accordance with the statements on standards for attestation engagements of the American Institute of Certified Public Accountants;

(4) Any engagement to be performed in accordance with the government auditing standards, also known as the Yellow Book, issued by the United States Government Accountability Office; and

(5) Any engagement to be performed in accordance with the standards of the Public Company Accounting Oversight Board.

"Board" means the state board of public accountancy established under section 466-4.

"Certified public accountant" means the designation given to a person licensed under section 466-5 or the law of any other state or foreign country.

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

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

"Firm" means a sole proprietorship, a corporation, a partnership, a limited liability company, or a limited liability partnership.

"Hawaii attest work" means attest services provided or attest reports issued by an individual or firm licensed and authorized to practice public accountancy in this State or any other state, to any of the following clients:

(1) An individual who is a resident of this State;

(2) A person, entity, firm, or trust that is domiciled within this State, or whose principal or home office is physically located within this State; or

(3) A subsidiary that has a physical presence in this State, and has a separate, stand-alone financial statement or report issued on that subsidiary.

"License" means the document issued by the board to a person designated as a certified public accountant under section 466-5, or a person licensed as a public accountant under section 466-6, or a valid comparable certificate, registration, or license of certified public accountant or public accountant issued after examination under the law of any other state or foreign country, or of a permit issued under section 466-7.

"Partner" means a partner in any general partnership, foreign general partnership, limited liability partnership, or foreign limited liability partnership.

"Partnership" means any general partnership, foreign general partnership, limited liability partnership, or foreign limited liability partnership.

"Peer review" means a study, appraisal, or review of one or more aspects of the professional work of a firm that issues attest reports by a person or persons who hold permits to practice public accountancy under section 466-7 or are licensed to practice public accountancy in any other state and who are not affiliated with the firm being reviewed.

"Permit" means a permit to actively practice public accountancy issued under section 466-7.

"Practice of public accountancy" means the performance or the offering to perform, by a person or firm holding itself out to the public as a licensee, for a client or potential client of one or more kinds of services involving the use of accounting or auditing skills, including the issuance of reports on financial statements, or of one or more kinds of management advisory or consulting services, or the preparation of tax returns or the furnishing of advice on tax matters.

"Public accountant" means the designation given to a person licensed under section 466-6, or the law of any other state or foreign country.

"Report", when used with reference to financial statements, means an opinion, report, or other form of language that states or implies the measure of assurance as to the reliability of any financial statements, and that also includes, or is accompanied by, any statement or implication that the firm issuing it has special knowledge or competence in accounting or auditing.

"State" means any state, territory, or insular possession of the United States, except that "this State" means the State of Hawaii. [L 1973, c 158, pt of §2; am L 1989, c 110, §4; am L 1992, c 202, §162; am L 1996, c 93, §2; am L 2010, c 66, §2; am L 2016, c 145, §§1, 7]
Haw. Rev. Stat. § 461-11.8 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-11.8
Opioid antagonist; authority to prescribe and dispense; requirements.
Status: in_force

(a) A pharmacist may prescribe and dispense an opioid antagonist to an individual who is at risk for an opioid overdose or a family member or caregiver of an individual who is at risk of an opioid overdose regardless of whether the individual has evidence of a previous prescription for an opioid antagonist from a practitioner authorized to prescribe opioids. The opioid antagonist prescribed and dispensed for a family member or caregiver of an individual who is at risk for an opioid overdose may be prescribed and dispensed in the name of the individual who is to be treated with the opioid antagonist or an "Opioid Antagonist Recipient" or "OAR".

(b) A pharmacist who prescribes and dispenses opioid antagonists pursuant to subsection (a) shall:

(1) Complete a training program related to prescribing opioid antagonists that is approved by the Accreditation Council for Pharmacy Education (ACPE), a curriculum-based program from an ACPE-accredited college of pharmacy, a state or local health department program, or a program recognized by the board;

(2) Provide the individual who is receiving the opioid antagonist with information and written educational material on risk factors of opioid overdose, signs of an overdose, overdose response steps, and the use of the opioid antagonist; and

(3) Dispense the opioid antagonist to the individual who is at risk for an opioid overdose, family member, or caregiver as soon as practicable after the pharmacist issues the prescription. [L 2018, c 154, §2; am L 2019, c 255, §§2, 4]
Haw. Rev. Stat. § 463E-12 — HI Code / Division 2 / Title 25 / Chapter 463E / Section 463E-12
Rules.
Status: in_force

The Hawaii medical board shall adopt rules in accordance with chapter 91 for the administration of this chapter.
Haw. Rev. Stat. § 464-13 — HI Code / Division 2 / Title 25 / Chapter 464 / Section 464-13
Structures exempted from provisions of chapter.
Status: in_force

(a) The provisions of this chapter shall not apply to work in respect to any privately owned or privately controlled one-storied building or structure, the estimated cost of which does not exceed $40,000, nor to any privately controlled two-storied building or structure, the estimated cost of which does not exceed $35,000.

(b) The provisions of this chapter shall not apply to work in respect to any privately owned or privately controlled one-storied residence, the estimated cost of which does not exceed $180,000, nor to any privately owned or privately controlled two-storied residence, the cost of which does not exceed $162,000.

(c) Whenever the exemption provided for in subsection (b) is applied to the construction of a new residence, it shall be noted and recorded with the bureau of conveyances.

(d) Notwithstanding subsections (a) and (b), the following work shall not be exempt from the requirements of this chapter:

(1) Any building, structure, or residence in which the principal structural members consist of reinforced concrete or structural steel having riveted, bolted, or welded connections;

(2) Any structure or improvement for which the State, a county, or political subdivision requires the use of an appropriately licensed design professional, including but not limited to:

(A) Structures within special management areas, flood hazard areas, and special design districts; or

(B) Improvements resulting from conditional use or other discretionary zoning permits, code compliances or variances, and building permit expediting procedures; and

(3) Any improvement resulting from rules established by a landowner or an association of owners for private property owned by the landowner or association of owners. [L 1931, c 165, §9; RL 1935, §7041; RL 1945, §7613; RL 1955, §166-13; am L 1961, c 151, §1; HRS §464-13; am L 1969, c 146, §2; am L 1979, c 113, §1; am L 2023, c 177, §2]
Haw. Rev. Stat. § 466J-5 — HI Code / Division 2 / Title 25 / Chapter 466J / Section 466J-5
Radiographers, radiation therapists, and nuclear medicine technologists; qualifications and licenses.
Status: in_force

(a) An applicant for a license to practice as a radiographer or as a radiation therapist shall submit to the board written evidence, verified by oath or affirmation, that the applicant is registered in good standing with the American Registry of Radiologic Technologists.

(b) An applicant for a license to practice as a nuclear medicine technologist shall submit to the board written evidence, verified by oath or affirmation, that the applicant is:

(1) Certified in good standing with the Nuclear Medicine Technology Certification Board;

(2) Registered in good standing with the American Registry of Radiologic Technologists in Nuclear Medicine;

(3) Registered in good standing with the American Registry of Radiologic Technologists in Radiography with nuclear medicine technology clinical training and experience acceptable to the board; or

(4) Practicing as a nuclear medicine technologist with nuclear medicine technology clinical training and experience acceptable to the board.

(c) The board shall adopt rules pursuant to chapter 91 to further define and regulate the practices authorized for radiographers, radiation therapists, and nuclear medicine technologists.

(d) The board shall adopt rules pursuant to chapter 91 to enable licensed radiographers, licensed radiation therapists, and licensed nuclear medicine technologists from other states having standards that are comparable to those in Hawaii to obtain licensure without the need for examination.

(e) The applicant applying for a license to practice as a radiographer, as a radiation therapist, or as a nuclear medicine technologist shall pay a nonrefundable application fee to the department. All fees received by the department pursuant to this section shall be deposited into the noise, radiation, and indoor air quality special fund established pursuant to section 342P-7; provided that any other moneys collected pursuant to this chapter shall be deposited with the director of finance to the credit of the general fund, unless otherwise provided by law.

(f) Any person who holds a license to practice as a radiographer shall have the right to use the title "certified radiographer". No other person shall assume this title or any other words, letters, signs, or devices to indicate that the person is a certified radiographer.

(g) Any person who holds a license to practice as a radiation therapist shall have the right to use the title "certified radiation therapist". No other person shall assume this title or any other words, letters, signs, or devices to indicate that the person is a certified radiation therapist.

(h) Any person who holds a license to practice as a nuclear medicine technologist shall have the right to use the title "certified nuclear medicine technologist". No other person shall assume this title or any other words, letters, signs, or devices to indicate that the person is a certified nuclear medicine technologist.

(i) The form of every license shall be prescribed by and issued in the name of the board. [L 1974, c 253, pt of §2; am L 1980, c 128, pt of §1; am L 1990, c 273, §7; am L 1991, c 42, §2; am L 1994, c 169, §§7, 9; am L 1995, c 143, §§5, 10; am L 1996, c 164, §1; am L 1998, c 311, §§16, 22]
Haw. Rev. Stat. § 463E-10 — HI Code / Division 2 / Title 25 / Chapter 463E / Section 463E-10
Perjury.
Status: in_force

Any person who wilfully and knowingly makes under oath any false statement in connection with any proceeding before the board shall be guilty of perjury and shall be subject to the penalty prescribed by law for perjury. Whenever the board is satisfied that the witness has committed perjury in any proceeding before the board, it shall report the same to the prosecuting officer of the county in which the perjury took place, who shall prosecute the witness for perjury.
Haw. Rev. Stat. § 437-16 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-16
Records to be kept.
Status: in_force

Every motor vehicle dealer shall keep a record of the purchases, consignments, sales and exchanges, moneys, commissions, or any other thing of value paid or agreed to be paid to any person for each motor vehicle purchased, sold, consigned to be sold, or exchanged, and the record shall be at all times open to the inspection of the motor vehicle industry licensing board or any peace officer designated by the board to inspect the record. The record shall contain:

(1) The names and addresses of all persons from whom any motor vehicle is purchased or received;

(2) The names and addresses of all persons to whom any motor vehicle is sold, consigned to be sold, or exchanged;

(3) The names and addresses of all persons who have received any moneys, commissions, or any other thing of value, or to whom the same is due and owing, in connection with the sale of any motor vehicle; and

(4) The license number, motor number, serial number, and style of any such motor vehicle. [L 1959, c 243, §1(8); am L 1961, c 59, §1(8); Supp, §160-167.666; HRS §437-16; am L 1969, c 263, §1(22)]
Haw. Rev. Stat. § 448B-8 — HI Code / Division 2 / Title 25 / Chapter 448B / Section 448B-8
Renewal of license.
Status: in_force

(a) Every license issued under this chapter shall be renewed triennially on or before June 30, with the first renewal deadline occurring on June 30, 2003. Failure to renew a license shall result in a forfeiture of the license. Licenses that have been so forfeited may be restored within one year of the expiration date upon payment of renewal and penalty fees. Failure to restore a forfeited license within one year of the date of its expiration shall result in the automatic termination of the license, and relicensure may require the person to apply as a new applicant and satisfy all licensure requirements again.

(b) Upon request, the director may grant inactive status to a person licensed under this chapter. [L 2000, c 280, pt of §2]
Haw. Rev. Stat. § 437-2 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-2
Licenses.
Status: in_force

(a) No person shall engage in the business as or serve in the capacity of, or act as a motor vehicle dealer, salesperson, auction, manufacturer, or distributor in this State, or otherwise engage in the business of selling or negotiating for the purchase of motor vehicles in this State without being licensed as provided in this chapter. A license issued under this chapter shall authorize the holder to engage in the business or activities permitted by the license, only in the county for which the license is issued.

(b) A license issued under this chapter shall authorize the holder to engage in the same business at:

(1) Branch locations in the same county for which the license is issued during the term thereof; provided that each branch location of a motor vehicle dealer is approved by the board; or

(2) Other motor vehicle dealer locations located in the same county and affiliated by common ownership with the location for which the license is issued during the term thereof; provided that each motor vehicle dealer location affiliated by common ownership shall obtain prior approval from the board before transferring salespersons between dealer locations.

For purposes of this subsection, "common ownership" shall include entities that have the same exact ownership, whether through individuals, corporations, trusts, or other entities.

(c) A dealer's license issued to a sole proprietorship or partnership shall authorize the sole proprietor or general partner to engage in the business of a salesperson without a license therefor, only for and in the business of the holder of the dealer's license and only for the county in which the license is issued.

(d) In the event of the dissolution of a partnership, holding a current license issued under this chapter, due to the death of one or more partners, the surviving partners may operate the business under the license for the remaining effective term of the license but not to exceed sixty days. In the event of the death or bankruptcy of the holder of a current license issued under this chapter, the duly appointed personal representative or receiver or trustee in bankruptcy, whichever the case may be, may operate the business under the license for the remaining effective term of the license.

(e) Notwithstanding any provisions of this chapter, the authority of any state or county agency to purchase motor vehicles for state or county use from any dealer licensed under this chapter shall not be limited or conditioned. Any dealer licensed under this chapter may sell vehicles to any state or county agency. [L 1939, c 258, §2; RL 1945, §7362; am L 1951, c 90, pt of §1; RL 1955, §160-161; am L 1957, c 302, §1(2); am L 1961, c 59, §1(2); am L 1963, c 199, §1b; HRS §437-2; am L 1969, c 263, §1(4); am L 1976, c 200, pt of §1; am L 1992, c 45, §1; gen ch 1992; am L 1996, c 264, §3; am L 2003, c 126, §4; am L 2018, c 163, §3]
Haw. Rev. Stat. § 447-1.5 — HI Code / Division 2 / Title 25 / Chapter 447 / Section 447-1.5
Community service license.
Status: in_force

(a) The board of dentistry may issue, without examination, a community service license to practice dental hygiene in the employment of a federally qualified health center, Native Hawaiian health center, community health center, rural health clinic, mobile dental outreach program, or post-secondary dental auxiliary training program accredited by the American Dental Association Commission on Dental Accreditation. Community service licensees under this section shall abide by the requirements and conditions placed upon those fully licensed under this chapter.

Eligible candidates shall:

(1) Provide copies of documentation and credentials that include but are not limited to:

(A) A diploma or certificate of graduation from a dental hygiene college accredited by or that has a reciprocal agreement with the American Dental Association Commission on Dental Accreditation, recognized and approved by the board; and

(B) Either of the following:

(i) A certificate or other evidence satisfactory to the board of having passed the examination of the National Board Dental Hygiene Examination within five years of the date of request; or

(ii) Evidence of active clinical dental hygiene practice of not less than one thousand hours per year for the three years immediately prior to the date of request;

(2) Provide a copy of an active, unrestricted dental hygiene practice license from another state;

(3) Disclose to the board of dentistry all previous and pending legal or regulatory action relating to claims of malpractice, or personal or professional misconduct; and

(4) Pay applicable registration fees, which shall be one half of the prevailing biennial registration fee for dental hygienists.

No person who, after July 2, 2004, has failed to pass the license examination administered under this chapter may be issued a community service license.

(b) Community service licensees shall actively participate in a formal and ongoing program of clinical quality assurance.

(c) A license may be renewed annually, pending review and reauthorization of the board of dentistry.

(d) A community service license authorizes the licensee to practice dental hygiene only within the employment of an eligible organization and shall be in force until the earliest of the following occurs:

(1) The date the person leaves the employment authorized under the community service license;

(2) The date on which the results of the license examination taken by the person under this chapter are posted by the board;

(3) The date the community service license expires; or

(4) The date on which the board revokes the community service license; provided that the board may revoke the community service license at any time for cause.

(e) Commissioned officers of the United States Army, the United States Navy, the United States Air Force, the United States Public Health Service, or the United States Department of Veterans Affairs practicing in a federally qualified health center or Native Hawaiian health systems center, shall qualify for a community service license to practice dental hygiene, which may be issued for the term of the dental hygienists federal duty assignment. Officers shall provide to the board of dentistry:

(1) A copy of an active, unrestricted dental hygiene license from another state; and

(2) A copy of documentation reflecting official duty assignment to a qualifying community service dental hygiene license site. [L 2004, c 166, §2; am L 2006, c 31, §2; am L 2017, c 12, §1; am L 2018, c 203, §4; am L 2023, c 100, §1]

Revision Note

"July 2, 2004," substituted for "the effective date of this section".
Haw. Rev. Stat. § 468L-29 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-29
Violation of charter tour operator provisions.
Status: in_force

Without limitation to any other remedies or penalties that may be applicable, any person who knowingly accepts moneys for charter tours without being registered as a travel agency in compliance with this chapter, or any charter tour operator that knowingly is not in compliance with the provisions of this chapter and continues to accept moneys for charter tours, shall be guilty of a misdemeanor.
Haw. Rev. Stat. § 455-13 — HI Code / Division 2 / Title 25 / Chapter 455 / Section 455-13
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, §14]
Haw. Rev. Stat. § 466-43 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-43
Oversight of peer reviewers for a Hawaii supplemental peer review.
Status: in_force

(a) A peer reviewer for a Hawaii supplement to the peer review report under section 466-36 shall be a person who:

(1) Holds a permit to practice public accountancy under section 466-7; and

(2) Is not affiliated with the firm being reviewed.

(b) The board shall retain oversight of the peer reviewers for a Hawaii supplement to the peer review report by monitoring the peer reviewers to ensure that the peer reviewers are in compliance with subsection (a) and that peer reviews are conducted in accordance with the standards established under section 466-36.

(c) Information concerning any peer reviewer that is obtained during the board's peer review oversight activities shall be confidential as required by section 466-32.

(d) The board shall annually assess the qualifications of all peer reviewers for a Hawaii supplement to the peer review report based on a random selection of each reviewer's published Hawaii supplement to the peer review reports and shall determine whether the published reports comply with subsection (b). The board may suspend a person from being a peer reviewer for a Hawaii supplement to the peer review report for a period not to exceed one year for failure to comply with subsection (b).

(e) A peer reviewer suspended under subsection (d) may appeal the suspension to the board at a public hearing that shall be an action or proceeding subject to discovery under the provisions of section 466-32(c). [L 2012, c 324, pt of §1]
Haw. Rev. Stat. § 445-134.14 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-134.14
Redemption of pledged goods.
Status: in_force

(a) Except as otherwise provided by this part, any person properly identified as the customer in a pawn transaction or as the assignee or agent thereof, and presenting a pawn transaction agreement to the pawnbroker, shall be presumed to be entitled to redeem the pledged goods described therein.

(b) If a pawn transaction agreement is lost, destroyed, or stolen, the customer may so notify the pawnbroker in writing, and receipt of such notice shall invalidate the pawn transaction agreement as an instrument to redeem the pledged goods, if the pledged goods have not previously been redeemed. Before delivering the pledged goods or issuing a new pawn transaction agreement, the pawnbroker may require the customer to sign a written statement or affidavit concerning the loss, destruction, or theft of the pawn transaction agreement. [L 1992, c 192, pt of §2]
Haw. Rev. Stat. § 467E-8 — HI Code / Division 2 / Title 25 / Chapter 467E / Section 467E-8
Application for examination.
Status: in_force

(a) Any person eligible for licensure who wishes to be licensed shall apply for examination to the director at least ninety days prior to the date of the examination, upon a form and in the manner that the director shall prescribe.

(b) Any application to the director shall be accompanied by a nonrefundable application fee.

(c) A person who fails an examination may apply for reexamination. [L 1994, c 251, pt of §2]
Haw. Rev. Stat. § 461J-2.3 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-2.3
Physical therapist use of support or auxiliary personnel.
Status: in_force

(a) A physical therapist may use support or auxiliary personnel, including licensed physical therapist assistants, to assist the physical therapist in the practice of physical therapy; provided that the support or auxiliary personnel shall:

(1) Perform only the duties prescribed in the rules of the board; and

(2) Perform these duties under the supervision and direction of a physical therapist.

(b) Physical therapists and physical therapist assistants shall provide proof of compliance with this section upon written request from the board. [L 2013, c 220, pt of §1]
Haw. Rev. Stat. § 453-3.2 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-3.2
Educational teaching license.
Status: in_force

(a) The board may issue an educational teaching license to a physician or osteopathic physician who is not licensed in this State and who is invited by the chief of service of a clinical department of a hospital to provide and promote professional education for students, interns, residents, fellows, doctors of medicine, and doctors of osteopathic medicine in this State. In no case shall an educational teaching license issued hereunder be valid for more than a period of twelve months from the date of issuance of the license.

(b) To receive an educational teaching license, the applicant shall:

(1) Complete an application as prescribed by the board, which shall include a summary of the applicant's medical, educational, and professional background;

(2) Provide proof that the applicant is licensed as a physician or osteopathic physician in another state or country and the license is current and in good standing;

(3) Submit a letter with the application signed by the chief of service of a clinical department of a hospital attesting that the chief of service is a licensed physician or osteopathic physician of this State and is requesting to sponsor and monitor the applicant while the person is engaged in educational or teaching activities for the hospital under an educational teaching license; and

(4) Pay all applicable fees.

(c) The holder of an educational teaching license shall not open or appoint a place to meet patients, or receive calls from patients relating to the practice of medicine, beyond the parameters of the hospital that is sponsoring and monitoring the licensee's activities.

(d) The holder of an educational teaching license shall obey all laws and rules of this State. [L 1992, c 22, §1; am L 2008, c 5, §5]
Haw. Rev. Stat. § 444-3 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-3
Contractors license board.
Status: in_force

(a) There shall be a contractors license board of thirteen members.

(b) Of the board members:

(1) Ten shall be contractors who have been actively engaged in the contracting business for a period of not less than five years preceding the date of their appointment;

(2) Five shall be general engineering or building contractors, five shall be specialty contractors, and three shall be noncontractors. No member shall receive any compensation for the member's services, but each shall be reimbursed for necessary traveling expenses incurred in the performance of duties.

(c) Each county shall be represented on the board.

(d) No one, except the three noncontractor 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 contractor. [L 1957, c 305, §1(s 3); am L Sp 1959 2d, c 1, §§5, 6, 15; am L 1963, c 114, §3; am L 1965, c 279, §1; Supp, §166A-3; HRS §444-3; am L 1982, c 204, §8; am L 1983, c 124, §17 and c 275, §1; am L 1992, c 202, §63; am L 1993, c 322, §5]
Haw. Rev. Stat. § 445-24 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-24
Fictitious bids.
Status: in_force

At any auction sale it shall be unlawful for any person to procure any person to make fictitious bids, or to conspire with any person to make any fictitious bid, or knowingly to permit any person to make a fictitious bid; or for any auctioneer fictitiously to raise any bid oneself; or for any person to act as a by-bidder, or what is commonly known as a "capper", "booster", or "shiller", or offer to make any false or fictitious bid, or pretend to bid for, or pretend to buy, any article sold or offered for sale.
Haw. Rev. Stat. § 448F-2 — HI Code / Division 2 / Title 25 / Chapter 448F / Section 448F-2
Definitions.
Status: in_force

As used in this chapter:

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

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

"Electrologist" means any person who removes hair from the human body using a needle inserted in the hair follicle and uses direct electric current or shortwave alternating current to destroy the follicle but does not include any hair removal system that does not penetrate the skin. [L 1990, c 285, pt of §1]
Haw. Rev. Stat. § 471-10 — HI Code / Division 2 / Title 25 / Chapter 471 / Section 471-10
Refusal to grant and revocation or suspension of license.
Status: in_force

(a) In addition to any other actions authorized by law, the board may refuse to grant, renew, reinstate or restore a license for any cause which would be ground for revocation of a license under the law.

(b) In addition to any other actions authorized by law, the board may revoke or suspend the license of any veterinarian, fine a licensee, or both, for any cause authorized by law, including but not limited to the following:

(1) Professional misconduct, gross negligence, or manifest incapacity;

(2) Violation of this chapter or the rules adopted pursuant thereto or any other law which applies to the licensee as a practicing veterinarian;

(3) Making any false representations or promises through advertising or otherwise;

(4) Habitual intemperance in the use of alcoholic beverages or addiction to the use of narcotic or dangerous substances;

(5) Mental incompetence;

(6) Any fraudulent, dishonest, or deceitful act in connection with the practice of veterinary medicine;

(7) Making a false statement on any document submitted or required to be filed by this chapter, including a false certification of compliance with the continuing education requirement;

(8) Revocation, suspension, or other disciplinary action by another state of a license or certificate for reasons as provided in this section;

(9) Conviction of or plea of nolo contendere to a penal offense substantially related to the qualifications, functions, or duties of a veterinarian, notwithstanding any statutory provision to the contrary;

(10) Violation of chapter 329, the uniform controlled substances act, or any rule adopted pursuant thereto;

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

(12) Conduct or practice contrary to the recognized principles of medical ethics of the veterinary profession as adopted by the Hawaii Veterinary Medical Association and the American Veterinary Medical Association. [L 1949, c 280, pt of §1; RL 1955, §73-10; HRS §471-10; am L 1973, c 121, §1; am L 1974, c 205, §2(30); gen ch 1985; am L 1986, c 153, §3; am L 1992, c 202, §175; am L 2010, c 13, §1; am L 2012, c 306, §4]
Haw. Rev. Stat. § 467E-11 — HI Code / Division 2 / Title 25 / Chapter 467E / Section 467E-11
Renewals.
Status: in_force

(a) Every license issued under this chapter shall be renewed triennially on or before June 30, with the first renewal deadline occurring on June 30, 1998. Failure to renew a license shall result in a forfeiture of the license. Licenses which have been so forfeited may be restored within one year of the expiration date upon payment of renewal and penalty fees, and in the case of audited licensees, documentary proof of compliance of continuing education. Failure to restore a forfeited license within one year of the date of its expiration shall result in the automatic termination of the license and relicensure may be subject to the person applying as a new applicant and satisfying again all licensing requirements.

(b) Beginning with the renewal for the licensing triennium commencing on July 1, 2013, through June 30, 2016, each licensee shall:

(1) Pay all required fees; and

(2) Complete a minimum of fifteen credit hours of continuing education courses within the renewal period; provided that a minimum of three credit hours shall be in ethic courses.

(c) Beginning with the renewal for the licensing triennium commencing on July 1, 2016, through June 30, 2019, and prior to every triennial renewal thereafter, each licensee shall:

(1) Pay all required fees; and

(2) Complete a minimum of forty-five credit hours of continuing education courses within the three-year period preceding the renewal date; provided that a minimum of three credit hours shall be in ethic courses.

(d) A first-time licensee shall not be subject to the continuing education requirement for the first license renewal.

(e) Each licensee shall maintain the licensee's continuing education records. At the time of renewal, each licensee shall certify under oath that the licensee has complied with the continuing education requirement of this section. The director may require a licensee to submit evidence satisfactory to the director that demonstrates compliance with the continuing education requirement of this section.

(f) The director may conduct random audits of licensees to determine compliance with the continuing education requirement. The director shall provide written notice of an audit to a licensee randomly selected for audit. Within sixty days of notification, the licensee shall provide the director with documentation verifying compliance with the continuing education requirement established by this section. [L 1994, c 251, pt of §2; am L 2013, c 183, §3]
Haw. Rev. Stat. § 454M-5 — HI Code / Division 2 / Title 25 / Chapter 454M / Section 454M-5
Additional duties of a mortgage servicer; good faith and fair dealing; disclosures; payments, accounting, and records; assignment of servicing rights.
Status: in_force

(a) A mortgage servicer licensed or acting under this chapter, has a duty of good faith and fair dealing in its communications, transactions, and course of dealings with each borrower in connection with the servicing of the borrower's mortgage loan.

(b) In addition to any other duties imposed by law, a mortgage servicer shall:

( 1) Safeguard and account for any money handled for the borrower;

(2) Follow reasonable and lawful instructions from the borrower consistent with the underlying note and mortgage;

(3) Act with reasonable skill, care, timeliness, promptness, and diligence;

(4) Disclose to the commissioner in the servicer's license application and each yearly renewal a complete, current schedule of the ranges of costs and fees it charges borrowers for its servicing-related activities;

(5) File a report with each yearly renewal statement in a form and format acceptable to the commissioner detailing the servicer's activities in this State, including:

(A) The number of mortgage loans the servicer is servicing;

(B) The type and characteristics of loans serviced in this State;

(C) The number of serviced loans in default, along with a breakdown of thirty-, sixty-, and ninety-day delinquencies;

(D) Information on loss mitigation activities, including details on workout arrangements undertaken;

(E) Information on foreclosures commenced in this State;

(F) The affiliations of the mortgage servicer, including any lenders or mortgagees for which the mortgage servicer provides service, any subsidiary or parent entities of the mortgage servicer, and a description of the authority held by the mortgage servicer through its affiliations; and

(G) Any other information that the commissioner may require; and

(6) Maintain an office in the State that is staffed by at least one agent or employee for the purposes of addressing consumer inquiries or complaints and accepting service of process; provided that the mortgage servicer's business constitutes at least a twenty per cent share of the portion of the total mortgage loan service market in the State that was serviced by mortgage servicers licensed under this chapter within the previous calendar year; and provided further that nothing in this section shall prohibit a mortgagee as defined by section 667-1 or a mortgage servicer from contracting with a licensee that maintains an office in this State in conformity with this section for the purposes of addressing consumer inquiries or complaints and accepting service of process.

(c) A mortgage servicer shall comply with the following requirements concerning handling and processing of mortgage payments:

(1) Except as provided in paragraph (4), all payments received by a mortgage servicer on a mortgage loan at the address where the borrower has been instructed in writing to make payments shall be accepted and credited, or treated as credited, on the business day received, to the extent that the borrower has provided sufficient information to credit the account. For all mortgage loans originated after July 1, 2015, except where inconsistent with federal law or regulation, payments shall be credited to the principal and interest due on the home loan before crediting the payments to taxes, insurance, or fees;

(2) Methods of payment and payment instruments shall be reasonable;

(3) If a mortgage servicer specifies in writing requirements for the borrower to follow in making payments, but accepts a payment that does not conform to the requirements, the mortgage servicer shall credit the payment as soon as commercially practicable, but in no event later than three business days after receipt;

(4) Late payments of principal and interest shall be credited before any late charge is collected; and

(5) If the mortgage servicer receives any payment on a mortgage loan and suspenses the payment, does not credit the payment, or does not treat the payment in accordance with this section, the mortgage servicer, within ten days of receipt, shall send the borrower notice by mail at the borrower's last known address indicating the reason the payment was suspensed or was not credited or treated as credited to the account, and specifying any actions by the borrower necessary to make the loan current.

(d) A mortgage servicer shall comply with the following requirements concerning escrows for the payment of taxes and insurance:

(1) Any mortgage servicer who receives funds from a borrower to be held in escrow for payment of taxes and insurance premiums shall pay the taxes and insurance premiums of the borrower to the appropriate taxing authority and insurance company in the amount required and at the time the taxes and insurance premiums are due, in accordance with the requirements of the Real Estate Settlement Procedures Act, including title 12 C.F.R. section 1024.17, and shall be liable to the borrower as provided therein;

(2) If the amount held in the escrow account as of the date the taxes and insurance premiums are due is insufficient to pay the taxes and insurance premiums , the mortgage servicer shall pay the taxes and insurance premiums from the mortgage servicer's own funds; provided that the borrower has paid to the mortgage servicer the amounts required to be paid into the escrow account, as determined by the mortgage servicer, for all amounts scheduled to be paid to the mortgage servicer prior to the date the taxes and insurance premiums are due; and

(3) Where an escrow account has been established and a mortgage servicer advances funds in paying a disbursement that is not the result of a borrower's payment default under the underlying mortgage document, the mortgage servicer shall conduct an escrow account analysis to determine the reasons for and extent of the deficiency and shall provide a written explanation to the borrower before seeking repayment of the funds from the borrower. The mortgage servicer shall then give the borrower the option of paying the shortage over a period of not less than one year. The mortgage servicer shall not charge or collect interest on any shortage during the payment period.

Any mortgage servicer who violates any provision of this subsection shall be liable to the borrower: for a ny penalties, interest, or other charges levied by the taxing authority or insurance company as a result of any violation; a ny actual damages suffered by the borrower as a result of the violation, including any amount that would have been paid by an insurer for a casualty or liability claim had the insurance policy not been canceled for nonpayment by the mortgage servicer; and, in the case of any successful action to enforce the foregoing liability, the costs of the action together with reasonable attorney's fees as determined by the court.

(e) A mortgage servicer shall comply with the following requirements concerning statements of account:

(1) At least once annually, within thirty days of the end of the computation year, a mortgage servicer shall deliver to the borrower a plain language statement of the borrower's account showing the unpaid principal balance of the mortgage loan at the end of the immediately preceding twelve-month period, the interest paid during that period, and the amounts deposited into escrow and disbursed from escrow during the period. The annual escrow statement may be provided separately from the annual statement showing the unpaid principal and interest paid. The format and content of the annual escrow statement shall comply with the Real Estate Settlement Procedures Act, including title 12 C.F.R. section 1024.17;

(2) A mortgage servicer shall promptly provide a borrower with an accurate accounting in plain English of the debt owed when requested by the borrower or borrower's authorized representative. Within thirty days of receipt of a request from the borrower or the borrower's authorized representative, a mortgage servicer shall deliver to the borrower a payment history for the last thirty-six months of the borrower's account, unless a different period is requested, showing the date and amount of all payments made or credited to the account and the total unpaid balance. The mortgage servicer shall have sixty days to deliver a payment history where the request is for a period longer than the last thirty-six months;

(3) A fee shall not be charged to the borrower for the annual escrow statement or for one payment history furnished to a borrower in a twelve-month period; and

(4) A shortage, surplus, or deficiency in the escrow account shall be handled in accordance with the Real Estate Settlement Procedures Act, including title 12 C.F.R. section 1024.17. Alternatively, with the consent of the borrower, an excess balance may be applied to the principal balance.

(f) Except where inconsistent with the automatic stay provisions of the Bankruptcy Code with respect to a borrower in a pending bankruptcy proceeding, a mortgage servicer shall send a payment reminder notice to a borrower at the borrower's last known address no later than seventeen days after the payment becomes due and remains unpaid; provided that a mortgage servicer is not required to send a separate payment reminder notice for each consecutive month in which the mortgage loan continues to remain unpaid.

(g) A mortgage servicer shall provide a clear, understandable, and accurate statement of the total amount that is required to pay off the mortgage loan as of a specified date, within a reasonable time, but in any event no more than five business days after receipt of a request from the borrower or borrower's authorized representative. No borrower shall be charged a fee for being informed or receiving a payoff statement or for being provided with a release upon full prepayment; provided that a mortgage servicer may charge a reasonable fee for providing a payoff statement after five or more requests in any calendar year.

(h) A mortgage servicer shall comply with the following requirements concerning handling consumer complaints and inquiries:

(1) A mortgage servicer shall follow the requirements of the Real Estate Settlement Procedures Act, including requests for error and information resolution procedures under title 12 C.F.R. sections 1024.35 and 1024.36;

(2) In addition to the requirements of the Real Estate Settlement Procedures Act, a mortgage servicer shall establish and maintain a system to respond to and resolve borrower inquiries and complaints in a prompt and appropriate manner;

(3) Within ten business days of receiving a request in writing from a borrower or the borrower's authorized representative, a mortgage servicer shall provide the borrower with the name, address, phone number or electronic mail address, if available, and other relevant contact information for the owner or assignee of the mortgage loan; and

(4) In addition to the information required to be disclosed under this section, a mortgage servicer may, at its option, provide any other information regarding the servicing of the loan that the mortgage servicer believes would be helpful to a borrower; provided that any additional information does not contradict or obscure the required disclosures.

(i) A mortgage servicer shall comply with the following requirements concerning fees:

(1) A mortgage servicer shall maintain and keep current a schedule of standard or common fees that the mortgage servicer charges borrowers for the servicer's servicing-related activities, such as nonsufficient fund fees. The schedule shall identify each fee, provide a plain English explanation of the fee, and state the amount of the fee or range of amounts. If there is no standard fee, the schedule shall explain how the fee is calculated or determined. A mortgage servicer shall make its schedule available on the mortgage servicer's website and to the borrower or the borrower's authorized representative upon request;

(2) A mortgage servicer may only collect a fee if the fee is for services actually rendered and one of the following conditions is met:

(A) The fee is clearly and conspicuously disclosed by the loan instruments and not prohibited by law;

(B) The fee is expressly permitted by law and not prohibited by the loan instruments; or

(C) The fee is not prohibited by law or the loan instruments and is a reasonable fee for a specific service requested by the borrower that is assessed only after clear and conspicuous disclosure of the fee is provided to the borrower and the borrower expressly consents to pay the fee in exchange for the services;

(3) In addition to the limitations in paragraph (2), attorneys' fees charged in connection with a foreclosure action shall not exceed reasonable and customary fees for the work. If a foreclosure action or proceeding is terminated prior to the public sale because of a loss mitigation option, a reinstatement, or payment in full, the borrower shall only be liable for reasonable and customary fees for work actually performed; and

(4) A mortgage servicer shall not impose any late fee or delinquency charge when the only delinquency is attributable to late fees or delinquency charges assessed on an earlier payment and the payment is otherwise a full payment for the applicable period and is paid on its due date or within any applicable grace period. Late charges shall not be:

(A) Based on an amount greater than the past due amount;

(B) Collected from the escrow account or from escrow surplus without the approval of the borrower; or

(C) Deducted from any regular payment.

(j) Each mortgage servicer licensee shall maintain adequate records of each residential mortgage loan transaction at the office named in the mortgage servicer license for seven years.

(k) Upon assignment of servicing rights on a residential mortgage loan, the mortgage servicer shall disclose to the borrower:

(1) Any notice required by the Real Estate Settlement Procedures Act, including title 12 C.F.R. section 1024.33, within the time periods prescribed therein; and

(2) A schedule of the ranges and categories of the mortgage servicer's costs and fees for the servicer's servicing-related activities, which shall comply with state and federal law and, if the disclosure is made by a mortgage servicer licensee, shall not exceed those reported to the commissioner in accordance with this chapter.

(l) At the time a servicer accepts assignment of servicing rights for a mortgage loan, the servicer shall disclose to the borrower all of the following:

(1) Any notice required by the Real Estate Settlement Procedures Act;

(2) A schedule of the ranges and categories of its costs and fees for its servicing-related activities, which shall comply with this chapter and which shall not exceed those reported to the commissioner; and

(3) A notice in a form and content acceptable to the commissioner that the servicer is licensed by the commissioner and that complaints about the servicer may be submitted to the commissioner.

(m) Where this chapter requires a person to comply with procedures, actions, standards, disclosures, notices, format, content, or other requirements of the Real Estate Settlement Procedures Act, the required compliance applies to any person subject to this chapter, whether or not the Real Estate Settlement Procedures Act applies to that person or transaction. [L 2009, c 106, pt of § 1; am L 2011, c 48, §10; am L 2012, c 18 2, § 4; am L 2015, c 62, §5; am L 2016, c 122, §23 ]
Haw. Rev. Stat. § 437B-23.5 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-23.5
Apprentices and helpers.
Status: in_force

It shall be unlawful for any motor vehicle mechanic apprentice/trainee or motor vehicle mechanic helper to assist a motor vehicle repair dealer or motor vehicle mechanic unless the apprentice or helper works under the direct supervision of a licensed or certified motor vehicle repair dealer or motor vehicle mechanic. All motor vehicle mechanic apprentices/trainees and motor vehicle helpers shall be assigned to and shall be the responsibility of a licensed or certified motor vehicle mechanic, provided that each licensed or certified mechanic shall have assigned to the mechanic not more than a total of five apprentices/trainees or helpers. In the event that a motor vehicle mechanic, who is assigned one or more motor vehicle mechanic apprentices/trainees or motor vehicle helpers, is terminated from employment, the motor vehicle repair dealer shall have thirty days to replace the motor vehicle mechanic in order to reassign the apprentices/trainees or helpers.
Haw. Rev. Stat. § 468L-5.7 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-5.7
Court action for failure to maintain client trust accounts.
Status: in_force

(a) Whenever a travel agency or charter tour operator fails to establish or maintain a client trust account for the benefit of the consumers paying money to the travel agency pursuant to section 468L-5 or [468L-5.5] or the rules relating to travel agencies and charter tour operators, the director may file an action in circuit court to obtain an injunction or other appropriate order or judgment.

(b) The director shall not be required to post a bond in any action brought under this section. [L 2001, c 62, pt of §2]
Haw. Rev. Stat. § 468L-25 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-25
Maintenance of qualified charter tour client trust assets by charter tour operators.
Status: in_force

A charter tour operator shall regularly maintain qualified charter tour client trust assets in an amount which is equal to or exceeds the qualified charter tour client trust liabilities of the charter tour operator. A charter tour operator shall be deemed to be in substantial compliance with the provisions of this section even if, during any twelve-month period, qualified charter tour client trust liabilities exceed qualified charter tour client trust assets for any one, but not more than one, quarterly reporting period applicable under section 468L-26; provided that qualified charter tour client trust assets at all times shall be equal to or exceed not less than ninety per cent of qualified charter tour client trust liabilities.
Haw. Rev. Stat. § 443B-4.58 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-4.58
Biennial renewal requirement.
Status: in_force

(a) Each collection agency shall renew its registration by June 30 of each even-numbered year.

(b) When renewing its registration, an agency shall submit to the director the following:

(1) An application on a form prescribed by the director;

(2) Satisfactory evidence that the collection agency is bonded as required by section 443B-5;

(3) A certificate of good standing or a certificate of authority issued by the business registration division, if the applicant is a corporation, partnership, or joint venture;

(4) The name and business address of the applicant's principal collector who is authorized to directly manage and control the daily operations of the applicant's Hawaii office; and

(5) A renewal fee in the amount specified by rule.

(c) Failure on the part of a collection agency to renew its registration as provided in subsection (a) shall cause the registration to be forfeited; provided that the director may make an exception for good cause shown. [L 1990, c 246, pt of §1]
Haw. Rev. Stat. § 460J-20 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-20
Document expressing an opinion or making statement regarding the presence or absence of termites; contents.
Status: in_force

Any work contract, billing, agreement, letter of work completed, or other correspondence or document, expressing an opinion or making a statement relating to the presence or absence of termites shall refer to the report defined in section 460J-19(b). Such documents shall indicate specifically whether all of the recommended work as set forth in the inspection report was completed, or, if not, it shall indicate specifically which recommendations were not completed.
Haw. Rev. Stat. § 468E-6 — HI Code / Division 2 / Title 25 / Chapter 468E / Section 468E-6
Board of speech pathology and audiology.
Status: in_force

(a) There is hereby established within the department of commerce and consumer affairs a state board of speech pathology and audiology consisting of seven members.

(b) The membership of the board shall include two speech pathologists, two audiologists, and three public members, one of whom shall be licensed to practice medicine in the State and hold a certificate of qualification from the American Board of Otorhinolaryngology. Appointees shall be fully licensed speech pathologists or audiologists.

All members of the board shall be residents of the State.

(c) Members shall serve for a term of four years. Terms shall begin on the first day of the fiscal year and end on the last day of the fiscal year.

(d) Four members of the board shall constitute a quorum for all purposes, but in no instance shall a meeting of the two speech pathologist members and two audiologist members alone be considered a quorum. [L 1974, c 48, pt of §1; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1986, c 130, §5; am L 1987, c 283, §38; am L 1992, c 202, §170; am L 2016, c 8, §3]
Haw. Rev. Stat. § 436H-1 — HI Code / Division 2 / Title 25 / Chapter 436H / Section 436H-1
[ §436H-1] Title.
Status: in_force

[ §436H-1] Title. This chapter shall be known as the Athletic Trainer Registration Act.
Haw. Rev. Stat. § 457G-1.2 — HI Code / Division 2 / Title 25 / Chapter 457G / Section 457G-1.2
Occupational therapy program.
Status: in_force

There is established an occupational therapy program within the department to be administered by the director.
Haw. Rev. Stat. § 466-35 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-35
Peer review compliance reporting form.
Status: in_force

(a) Upon the completion of a peer review, each reviewed firm shall submit a peer review compliance reporting form to the board pursuant to section 466-38. The peer review compliance reporting form shall include the following:

(1) The name of the firm conducting the peer review;

(2) The name of the approved sponsoring organization;

(3) Except for public company accounting oversight board inspections, the name of the team captain or peer reviewer or reviewers, who shall not be affiliated with the firm being reviewed;

(4) The rating issued to the firm as a result of the review, which shall be clearly indicated in the review report;

(5) The date of completion of the peer review; and

(6) A representation that the peer review or the inspection by the public company accounting oversight board firm inspection program includes the firm's Hawaii attest engagements within the scope of the review or the inspection.

(b) A firm shall include, with the peer review compliance reporting form, the contemporaneous Hawaii supplement to the peer review report pursuant to section 466-36, if:

(1) A peer review report from an approved sponsoring organization does not include the selection of a Hawaii office or Hawaii attest engagement;

(2) The peer reviewer does not hold permits to practice public accountancy under section 466-7 or is not licensed to practice public accountancy in any other state, except inspectors for the public company accounting oversight board; or

(3) The final report resulting from any inspection by the public company accounting oversight board firm inspection program does not include the firm's Hawaii offices, if any, and Hawaii attest engagements in the scope of the inspection, and the firm is not required to enroll in another peer review program under section 466-34. [L 2012, c 324, pt of §1; am L 2016, c 145, §2]
Haw. Rev. Stat. § 451D-1 — HI Code / Division 2 / Title 25 / Chapter 451D / Section 451D-1
Construction of laws.
Status: in_force

The purpose of licensing health care professionals is to protect the public health and safety and the general welfare of the people of this State. The powers conferred upon licensing boards and the department by the applicable licensing statutes and by this chapter shall be liberally construed to carry out this purpose. Any license issued to a health care professional is a revocable privilege. The provisions of this chapter are not intended to confer any particular professional status upon health care providers mentioned in this chapter for purposes of third party payments for services rendered.
Haw. Rev. Stat. § 436E-4 — HI Code / Division 2 / Title 25 / Chapter 436E / Section 436E-4
Exemptions.
Status: in_force

A licensed acupuncturist of another state or country for demonstrations or lectures to be given at acupuncture or medical society meetings or at acupuncture schools shall be exempt from licensing procedures set forth in this chapter.
Haw. Rev. Stat. § 467E-4 — HI Code / Division 2 / Title 25 / Chapter 467E / Section 467E-4
Fees; disposition.
Status: in_force

(a) Application, examination, reexamination, license, renewal, late renewal penalty fees, and other reasonable and necessary fees relating to administration of this chapter, none of which are refundable, shall be as provided in rules adopted by the director pursuant to chapter 91.

(b) Fees assessed shall defray all costs to be incurred by the director to support the operation of the social worker licensing program. Fees collected shall be managed in accordance [with] section 26-9(l). [L 1994, c 251, pt of §2]
Haw. Rev. Stat. § 453D-14 — HI Code / Division 2 / Title 25 / Chapter 453D / Section 453D-14
Mental health counselor prohibited from testifying in alimony and divorce actions.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] If both parties to a marriage have obtained mental health counseling from a licensed mental health counselor, the counselor shall be prohibited from testifying in an alimony or divorce action concerning information acquired in the course of mental health counseling. This section shall not apply to custody actions whether or not part of a divorce proceeding.

§453D-14 Mental health counselor or associate mental health counselor prohibited from testifying in alimony and divorce actions. [Section effective July 1, 2026. For section effective until June 30, 2026, see above.] If both parties to a marriage have obtained mental health counseling from a licensed mental health counselor or licensed associate mental health counselor, the counselor shall be prohibited from testifying in an alimony or divorce action concerning information acquired in the course of mental health counseling. This section shall not apply to custody actions whether or not part of a divorce proceeding. [L 2004, c 209, pt of §2; am L 2008, c 206, §1; am L 2024, c 93, §19]
Haw. Rev. Stat. § 437-3.5 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-3.5
Renumbered as §490:2-313.
Status: repealed

§437-3.5 Renumbered as §490:2-313.1 by L 1985, c 161, §1; repealed by L 1992, c 314, §2.
Haw. Rev. Stat. § 468E-14 — HI Code / Division 2 / Title 25 / Chapter 468E / Section 468E-14
Renewal of license.
Status: in_force

(a) Licenses issued under this chapter expire at midnight, December 31 of each odd-numbered year if not renewed.

(b) Every person licensed under this chapter, on or before December 31, 1975, and each odd-numbered year thereafter, shall pay a fee for renewal of the person's license to the board. The board may, in the event payment of the renewal fee is rendered after December 31 of any odd-numbered year, renew a license upon payment of the renewal of license fee plus a monthly late renewal payment penalty, which penalty shall, be multiplied by the number of full months which have elapsed since expiration of the license. No person who requests renewal of license, whose license has expired, shall be required to submit to examination as a condition to renewal, if such renewal application is made within two years from the date of such expiration.

(c) A suspended license is subject to expiration and may be renewed as provided in this section, but such renewal shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any other conduct or activity in violation of the order or judgment by which the license was suspended.

(d) A license revoked on disciplinary grounds is subject to expiration as provided in subsection (a) of this section, but it may not be renewed. If such license is reinstated after its expiration, the licensee, as a condition of reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last preceding regular renewal date before the date on which it is reinstated plus the late renewal payment penalty defined in subsection (b) of this section.

(e) Any person who fails to renew the person's license within the five years after the date of its expiration may not renew it, and it may not be restored thereafter, but the person may apply for and obtain a new license if the person meets the requirements of this chapter. [L 1974, c 48, pt of §1; am L 1975, c 118, §33; gen ch 1985; am L 1988, c 320, §11; am L 1992, c 202, §173]
Haw. Rev. Stat. § 451K-9 — HI Code / Division 2 / Title 25 / Chapter 451K / Section 451K-9
Issuance of license.
Status: in_force

The director shall issue a license to any individual who meets the requirements of this chapter, upon payment of the prescribed fees.
Haw. Rev. Stat. § 436E-3.6 — HI Code / Division 2 / Title 25 / Chapter 436E / Section 436E-3.6
Acupuncture intern permit required.
Status: in_force

(a) Except as otherwise provided by law, no person shall practice as an acupuncture intern in this State either gratuitously or for pay, without having first obtained a permit from the board. This permit shall entitle the applicant to engage in the practice of acupuncture for a period of four years under the immediate supervision of a licensed acupuncturist duly licensed under this chapter.

(b) An acupuncture intern permit may be reissued once, for a period not to exceed one year, upon written request to the board and payment of the required fee.

(c) The board shall adopt rules pursuant to chapter 91 defining the functions of an acupuncture intern, establishing the requirements to be met by an applicant for an acupuncture intern permit, and specifying the procedures for the immediate supervision of the acupuncture intern by a licensed acupuncturist. [L 1995, c 124, §1]
Haw. Rev. Stat. § 463E-7 — HI Code / Division 2 / Title 25 / Chapter 463E / Section 463E-7
REPEALED.
Status: in_force

L 1992, c 202, §231.
Haw. Rev. Stat. § 445-27 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-27
Penalty.
Status: in_force

Any person violating any of the provisions of sections 445-22 to 445-26, shall be fined not more than $500 and the person's auctioneer's license shall be subject to forfeiture at the discretion of the court. Each day that any of the above specified sections are violated constitutes a separate offense, punishable as in this section provided.
Haw. Rev. Stat. § 455-10 — HI Code / Division 2 / Title 25 / Chapter 455 / Section 455-10
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. § 452-21 — HI Code / Division 2 / Title 25 / Chapter 452 / Section 452-21
To whom provisions in this chapter shall not apply.
Status: in_force

Nothing in this chapter shall prohibit service in case of emergency, or domestic administration, without compensation, nor services by persons holding any valid license, permit, or certificate dealing with the healing arts, nor services by barbers, hairdressers, cosmeticians, and cosmetologists lawfully carrying on their particular profession or business under any existing law of this State.
Haw. Rev. Stat. § 436B-14.5 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-14.5
Extension of licenses for members of the armed forces, National Guard, and reserves.
Status: in_force

(a) Notwithstanding any other law to the contrary, any license held by a member of the armed forces, National Guard, or a reserve component that expires, is forfeited, or deemed delinquent while the member is on active duty and deployed during a state or national crisis shall be restored under the restoration requirements provided in this section.

For the purposes of this section, "state or national crisis" includes but is not limited to:

(1) A situation requiring the proper defense of nation or State;

(2) A federal or state disaster or emergency;

(3) A terrorist threat; or

(4) A homeland security or homeland defense event or action.

(b) The licensing authority shall restore a license upon the payment of the current renewal fee if the member:

(1) Requests a restoration of the license within one hundred twenty days after being discharged or released from active duty deployment;

(2) Provides the licensing authority with a copy of the member's order calling the member to active duty deployment and the member's discharge or release orders; and

(3) If required for renewal, provides documentation to establish the financial integrity of the licensee or to satisfy a federal requirement.

(c) This section:

(1) Shall not apply to a member who is on scheduled annual or specialized training, or to any person whose license is suspended or revoked, or who otherwise has been adjudicated and is subject to disciplinary action on a license; and

(2) Shall also apply to a member whose license is current, but will expire within one hundred twenty days of the member's discharge or release from active duty deployment. [L 2005, c 170, §2]
Haw. Rev. Stat. § 440-19 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-19
Referees; duties.
Status: in_force

(a) At each boxing contest there shall be in attendance a duly licensed referee designated by the commission, who shall direct and control the contest. Before starting the boxing contest, the referee shall ascertain from each contestant the name of the contestant's chief second and shall hold the chief second responsible for the conduct of the assistant seconds during the progress of the contest.

(b) The referee may recommend and the commission may in its discretion declare the forfeiture of any prize, purse, or remuneration, or any part thereof, to which the contestants or one of the contestants may be entitled, or any part of the gate receipts for which the contestants are competing, if in the commission's judgment the contestants or one of the contestants are not honestly competing.

(c) Every referee shall warn competing boxers of the referee's power to recommend the forfeiture of purse or purses, should there be any apparent cause for the warning.

(d) In any case where the referee decides that the contestants are not honestly competing and that under the law the contestants' purses or the purse of either contestant should be forfeited, the bout shall be stopped before the end of the last round, and no decision shall be given. A contestant earns nothing and shall not be paid for a contest in which there is stalling, faking, dishonesty, or collusion. The commission, independently of the referee or the referee's decision, may determine the merits of any contest and take whatever action it considers proper. In any case the executive officer or any commissioner may order the purse of the offender held up for investigation and action.

(e) The referee shall stop the contest when either of the contestants shows a marked superiority or is apparently outclassed. The referee, at the termination of each boxing contest, shall render a decision. [L 1929, c 216, §22; RL 1935, §7009; RL 1945, §7570; am L 1949, c 264, §10; RL 1955, §165-21; HRS §440-19; am L 1983, c 241, §16; am L 1986, c 135, §12; am L 2004, c 135, §17]
Haw. Rev. Stat. § 436B-24 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-24
Hearings.
Status: in_force

Unless otherwise provided by law, in every case in which the licensing authority refuses to issue, renew, restore or reinstate a license, or proposes to take disciplinary action or other licensing sanctions against a licensee, the proceeding before the licensing authority shall be conducted in accordance with chapter 91.

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. [L 1991, c 111, pt of §2; am L 1992, c 202, §20]
Haw. Rev. Stat. § 437-5 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-5
Board.
Status: in_force

A motor vehicle industry licensing board is created and shall consist of seven members. Three of the members shall be engaged in the motor vehicle industry and four of the members shall be private citizens not connected with the industry.
Haw. Rev. Stat. § 453-33 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-33
Rules.
Status: in_force

The Hawaii medical board shall adopt rules to implement this part, subject to chapter 91.
Haw. Rev. Stat. § 466J-4 — HI Code / Division 2 / Title 25 / Chapter 466J / Section 466J-4
Licenses required.
Status: in_force

(a) No person shall practice or offer to practice as a radiographer, as a radiation therapist, or as a nuclear medicine technologist without an appropriate license previously obtained and maintained in good standing in compliance with this chapter and the rules of the board. It shall be unlawful for any person not appropriately licensed under this chapter to practice or offer to practice radiologic technology.

(b) Every person licensed as a radiographer, as a radiation therapist, or as a nuclear medicine technologist shall be subject to a biennial license fee (initial and renewal) payable to the department. The failure of any licensee to pay the licensee's fee shall be grounds for revocation of the licensee's license. All fees collected by the board pursuant to this section shall be deposited into the noise, radiation, and indoor air quality special fund established pursuant to section 342P-7.

After July 1, 1998, the license period shall be biennial. The biennial period shall begin thirty days after the end of the licensee's birth month. [L 1974, c 253, pt of §2; am L 1980, c 128, pt of §1; gen ch 1985; am L 1990, c 273, §6; am L 1994, c 169, §§6, 9; am L 1995, c 143, §§4, 10; am L 1996, c 164, §1; am L 1998, c 311, §§16, 21]
Haw. Rev. Stat. § 457G-2.7 — HI Code / Division 2 / Title 25 / Chapter 457G / Section 457G-2.7
Supervision of occupational therapy assistants; partnership with occupational therapists.
Status: in_force

(a) An occupational therapy assistant may practice occupational therapy only under the supervision of, and in partnership with, an occupational therapist who is licensed to practice occupational therapy in the State. The occupational therapist shall be responsible for occupational therapy evaluation, appropriate reassessment, treatment planning, interventions, and discharge from occupational therapy based on standard professional guidelines. The supervising occupational therapist and the supervised occupational therapy assistant shall have legal and ethical responsibility for ongoing management of supervision, including providing, requesting, giving, or obtaining supervision.

(b) The supervising occupational therapist shall:

(1) Determine the frequency, level, and nature of supervision with input from the occupational therapy assistant; and

(2) Base the supervision determination on a variety of factors, including the clients' required level of care, treatment plan, and experience and pertinent skills of the occupational therapy assistant.

(c) The supervising occupational therapist shall supervise the occupational therapy assistant to ensure that the occupational therapy assistant:

(1) Does not initiate or alter a treatment program without prior evaluation by and approval of the supervising occupational therapist;

(2) Obtains prior approval of the supervising occupational therapist before making adjustments to a specific treatment procedure; and

(3) Does not interpret data beyond the scope of the occupational therapy assistant's education and training. [L 2014, c 209, pt of §2]
Haw. Rev. Stat. § 449-1.8 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-1.8
Confidential portion of application or records.
Status: in_force

Information contained in any application or record shall be made available to the public unless that information may be withheld from public disclosure by the commissioner under chapter 92F.
Haw. Rev. Stat. § 437-53 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-53
Sale, assignment, or transfer of franchise to qualified purchaser.
Status: in_force

(a) A manufacturer or distributor shall not unreasonably withhold consent to the sale, assignment, or transfer of the franchise to a qualified purchaser capable of being licensed as a dealer.

(b) The dealer shall notify the manufacturer or distributor, in writing, of its desire to sell, assign, or transfer its franchise and identify the proposed transferee's name, address, financial qualifications, and business experience. Along with such notice, the dealer shall also provide the manufacturer or distributor with completed application forms and related information generally used by the manufacturer or distributor to conduct its review of such a proposal, and a copy of all agreements regarding the proposed sale, assignment, or transfer. The manufacturer or distributor shall, within thirty days of receipt of the application and all supporting documentation as specified therein, review the application and identify in writing the additional information, data, or documents, if any, needed by the manufacturer or distributor to complete its review. If the manufacturer or distributor does not reject the application within sixty days of receipt of the completed application and all supporting documentation or within sixty days of receipt of any additional information, data, or documents timely requested by the manufacturer or distributor, the application shall be considered approved, unless the sixty-day deadline is extended by mutual agreement of the manufacturer or distributor and the dealer.

(c) If a manufacturer or distributor denies a dealer's proposed sale, assignment, or transfer of the franchise, the dealer may file a petition in the manner prescribed in section 437-51, within sixty days of the notice of denial. The manufacturer or distributor shall have the burden of proof to demonstrate at a hearing pursuant to a timely filed complaint that the proposed transferee is not of good moral character or does not meet the written, reasonable, and uniformly applied business standards or qualifications of the manufacturer relating to the financial qualifications of the transferee and business experience of the transferee or the transferee's executive management. [L 2010, c 164, pt of §2]
Haw. Rev. Stat. § 467-15 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-15
Hearings.
Status: in_force

In every case where it is proposed to revoke or suspend the exercise of any license, fine any person holding a license, registration, or certificate, terminate any registration or certificate, or take any other action authorized by law, for any of the causes enumerated in section 467-14, the person concerned shall be given notice and hearing in conformity with chapter 91.

In all proceedings before it, the commission 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 cases of disobedience by any person of any order of the commission, or any member thereof, or of any subpoena issued by it, or the member, or the refusal of any witness to testify to any matter to which the witness may be questioned lawfully, any circuit judge, on application by the commission, 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. [L 1951, c 77, §6; RL 1955, §170-13; am L 1965, c 96, §112; HRS §467-15; am L 1973, c 31, pt of §21; gen ch 1985; am L 1986, c 106, §2; am L 1994, c 100, §9; am L 1995, c 241, §7]
Haw. Rev. Stat. § 467-12 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-12
Place of business and posting of license.
Status: in_force

(a) A licensed real estate broker shall have and maintain a definite place of business in the State, in compliance with this chapter and the rules of the commission, and shall display therein the real estate broker's license and upon request make available any associating real estate salesperson's license.

(b) No real estate broker's branch office shall operate without a registration previously obtained under and in compliance with this chapter and the rules of the commission. [L 1953, c 252, §3; RL 1955, §170-11; HRS §467-12; am L 1991, c 155, §3; am L 1999, c 240, §7]
Haw. Rev. Stat. § 469-1 — HI Code / Division 2 / Title 25 / Chapter 469 / Section 469-1
License.
Status: in_force

The department of health may, upon payment to it of an examination fee, examine, or cause to be examined by not less than two practicing embalmers, undertakers, or funeral directors, any person over eighteen years of age, of good moral character, and with qualifications specified in one of the following categories:

(1) A minimum of five years practical experience under the supervision of a registered embalmer or undertaker in the State.

(2) A minimum of two years practical experience under the supervision of a registered embalmer or undertaker in the State and completion of a four-year high school course or equivalent educational training.

(3) Not less than one year of practical experience and graduation from a recognized school of embalming.

(4) Holder of a state license for embalming.

All examinations shall be conducted in writing and supplemented by practical demonstrations and shall be upon such subjects as the department may by rule prescribe. Every person who passes the examination shall be given a license as an embalmer. [L 1933, c 36, §1; RL 1935, §1450; am L 1943, c 57, pt of §1; RL 1945, §3051; RL 1955, §72-1; am L 1957, c 316, §8; am L 1959, c 111, §1; am L Sp 1959 2d, c 1, §19; HRS §469-1; am L 1972, c 2, §28; am L 1983, c 53, §1]
Haw. Rev. Stat. § 467B-2.1 — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B-2.1
Registration of charitable organizations; deactivation.
Status: in_force

(a) Every public benefit corporation domiciled in Hawaii and every charitable organization not exempted by section 467B-11.5 shall register with the department prior to conducting any solicitation of contributions or prior to having any solicitation of contributions conducted on its behalf by others. An authorized officer or agent of the charitable organization shall sign the registration form and shall certify that the statements therein are true and correct to the best of the officer's or agent's knowledge subject to penalties imposed by section 710-1063. A central or parent organization that has received a group exemption letter from the Internal Revenue Service may submit a consolidated application for registration for itself and any or all of the subordinate organizations covered under the group exemption that are included in the central or parent organization's annual information return to the Internal Revenue Service.

(b) Any charitable organization registered in Hawaii or any charitable organization exempted from registration pursuant to section 467B-11.5 that will no longer be conducting any solicitation of contributions or having any solicitation of contributions conducted on its behalf by others and that wishes to be deactivated shall file a request for deactivation with the attorney general in writing. The attorney general shall deactivate the organization after being satisfied that all obligations of the organization under this chapter have been met. Deactivation of a charitable organization shall not deprive the attorney general of jurisdiction over the activities of the charitable organization that occurred while the organization was registered or should have been registered.

(c) The attorney general may make available a registration and a deactivation form to assist in the registration or deactivation by charitable organizations.

(d) The attorney general may require that registration or deactivation forms be filed with the department electronically and may require the use of electronic signatures. [L 2008, c 174, pt of §2; am L 2013, c 61, §2; am L 2016, c 163, §3; am L 2017, c 86, §2]
Haw. Rev. Stat. § 452-17 — HI Code / Division 2 / Title 25 / Chapter 452 / Section 452-17
Fees.
Status: in_force

(a) The fees for application, licensing, and other registrations shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91, and shall be paid in advance and deposited with the director of commerce and consumer affairs to the credit of the compliance resolution fund established pursuant to section 26-9(o).

(b) Every applicant who is required by the board to be examined shall pay an examination fee as provided in rules adopted by the director pursuant to chapter 91. The examination fee may be paid directly to the testing agency by the director or the examinee or deposited with the director of commerce and consumer affairs to the credit of the compliance resolution fund established pursuant to section 26-9(o). [L 1947, c 192, §17; RL 1955, §63-17; am L 1957, c 152, §1; am L Sp 1959 2d, c 1, §§14, 15; am L 1961, c 184, §9; am L 1963, c 114, §§1, 3; HRS §452-17; am L 1980, c 208, §19; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 7, §37; am L 1986, c 99, §8; am L 1997, c 232, §7]
Haw. Rev. Stat. § 448-16 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-16
Duty to furnish names, etc.
Status: in_force

Every person or association practicing dentistry in the State shall, upon demand in writing by the secretary of the board of dentistry, furnish within fifteen days after such demand, to the board, through its secretary, a true statement of the name and address of each person practicing dentistry or assisting in the practice thereof, in the office of such person or association, together with a statement showing under what license or authority the person or association is practicing. Any person or association failing so to do, or making any false statement concerning or touching anything covered by this section shall be guilty of a failure to comply with this chapter and shall be punished as in this chapter provided.
Haw. Rev. Stat. § 454M-8.5 — HI Code / Division 2 / Title 25 / Chapter 454M / Section 454M-8.5
Investigation and examination authority.
Status: in_force

(a) In addition to any other authority under this chapter, the commissioner shall have the authority to conduct investigations and examinations in accordance with this section. The commissioner may access, receive, and use any books, accounts, records, files, documents, information, or evidence that the commissioner deems relevant to the inquiry or investigation, regardless of the location, possession, control, or custody of the documents, information, or evidence.

(b) For the purposes of investigating violations or complaints arising under this chapter, or for the purposes of examination, the commissioner may review, investigate, or examine any licensee or person subject to this chapter, as often as necessary to carry out the purposes of this chapter. The commissioner may direct, subpoena, or order the attendance of, and examine under oath, all persons whose testimony may be required about loans or the business or subject matter of any examination or investigation and may direct, subpoena, or order the person to produce books, accounts, records, files, and any other documents the commissioner deems relevant to the inquiry.

(c) Each licensee or person subject to this chapter shall provide to the commissioner upon request the books and records relating to the operations of the licensee or person subject to this chapter. The commissioner shall have access to the books and records and shall be permitted to interview the executive officers, directors, managing members, general partners, principals, mortgage servicer's employees, independent contractors, agents, and customers of the licensee or person subject to this chapter concerning their business.

(d) Each licensee or person subject to this chapter shall make or compile reports or prepare other information as directed by the commissioner in order to carry out the purposes of this section, including:

(1) Accounting compilations;

(2) Information lists and data concerning loan transactions in a format prescribed by the commissioner; or

(3) Other information that the commissioner deems necessary to carry out the purposes of this section.

(e) In conducting any examination or investigation authorized by this chapter, the commissioner may control access to any documents and records of the licensee or person under examination or investigation. The commissioner may take possession of the documents and records or place a person in exclusive charge of the documents and records. During the period of control, no person shall remove or attempt to remove any of the documents and records except pursuant to a court order or with the consent of the commissioner. Unless the commissioner has reasonable grounds to believe the documents or records of the licensee or person under examination or investigation have been, or are at risk of being, altered or destroyed for purposes of concealing a violation of this chapter, the licensee or owner of the documents and records shall have access to the documents or records as necessary to conduct its ordinary business affairs.

(f) To carry out the purposes of this chapter, the commissioner may:

(1) Retain accountants or other professionals and specialists, who may be exempt from chapter 76, as examiners, auditors, or investigators to conduct or assist in the conduct of examinations or investigations;

(2) Enter into agreements or relationships with other government officials or regulatory associations in order to improve efficiencies and reduce regulatory burden by sharing resources, standardized or uniform methods or procedures, and documents, records, information, or evidence obtained under this section;

(3) Use, hire, contract, or employ public or privately available analytical systems, methods, or software to examine or investigate the licensee or person subject to this chapter;

(4) Accept and rely on examination or investigation reports made by other government officials, within or without this State; and

(5) Accept audit reports made by an independent certified public accountant for the licensee or person subject to this chapter in the course of that part of the examination covering the same general subject matter as the audit and may incorporate the audit report in the report of the examination, report of investigation, or other writing of the commissioner.

(g) The authority of this section shall remain in effect, whether a licensee or person subject to this chapter acts or claims to act under any licensing or registration law of this State, or claims to act without such authority.

(h) No licensee or person subject to investigation or examination under this section may knowingly withhold, abstract, remove, mutilate, destroy, or secrete any books, records, computer records, or other information.

(i) The commissioner may charge an examination or investigation fee, payable to the commissioner, based upon the cost per hour per examiner for all licensees and persons subject to this chapter examined or investigated by the commissioner or the commissioner's staff. The hourly fee shall be $60 or an amount as the commissioner shall establish by rule pursuant to chapter 91. In addition to the examination or investigation fee, the commissioner may charge any person who is examined or investigated by the commissioner or the commissioner's staff pursuant to this section additional amounts for travel, per diem, mileage, and other reasonable expenses incurred in connection with the examination or investigation, payable to the commissioner.

(j) Any person having reason to believe that this chapter or the rules adopted pursuant thereto have been violated, or that a license issued under this chapter should be suspended or revoked, may file a written complaint with the commissioner setting forth the details of the alleged violation or grounds for suspension or revocation. [L 2013, c 92, §1; am L 2016, c 122, §25; am L 2017, c 46, §5]
Haw. Rev. Stat. § 437D-10 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-10
Pamphleting requirements.
Status: in_force

Before the execution of a rental agreement, each lessor who offers a damage waiver option to a lessee shall provide to the lessee a pamphlet, written in plain language, that includes all of the information described in section 437D-5(a)(1) through (6). The requirements of this section shall be deemed to be satisfied if the lessor places the pamphlets prominently and conspicuously on the rental desk, countertop, or in a wall holder, where the pamphlets may be easily seen and reached by lessees and potential lessees.
Haw. Rev. Stat. § 466D-8 — HI Code / Division 2 / Title 25 / Chapter 466D / Section 466D-8
Application for license as a respiratory therapist.
Status: in_force

The department shall issue a license under this chapter to an applicant if the applicant provides satisfactory evidence to the department that the applicant meets the requirements for licensure contained in this chapter and rules adopted by the director and if the applicant:

(1) Has successfully completed a respiratory therapy training program at an accredited educational institution approved by the Committee on Accreditation for Respiratory Care or its predecessor or successor agencies;

(2) Has passed the Certified Respiratory Therapist Examination of the National Board for Respiratory Care, or its successor, within ninety days of submitting an application; and

(3) Has paid all fees for licensure established by the director. [L 2010, c 178, pt of §2]
Haw. Rev. Stat. § 451A-18 — HI Code / Division 2 / Title 25 / Chapter 451A / Section 451A-18
Persons and practices not affected.
Status: in_force

This chapter is not intended to:

(1) Prohibit any person from engaging in the practice of measuring human hearing for the purpose of selection of hearing aids; provided that the person or the organization employing the person does not sell hearing aids or accessories;

(2) Prohibit a person in maintaining an established business address from engaging in the business of selling or offering for sale hearing aids at retail without a license; provided that it employs persons licensed under this chapter responsible for the fitting and direct sale of such products;

(3) Apply to a person who is a physician licensed to practice in Hawaii; or

(4) Apply to a person who is licensed as an audiologist pursuant to chapter 468E. [L 1969, c 205, pt of §1; am L 1997, c 88, §13; am L 2018, c 173, §3]
Haw. Rev. Stat. § 463-14 — HI Code / Division 2 / Title 25 / Chapter 463 / Section 463-14
Contingent fee.
Status: in_force

Compensation for services of detectives or guards shall not be based upon promissory notes or property other than that allegedly stolen which have been obtained from suspects or others in their behalf as restitution.
Haw. Rev. Stat. § 437B-19 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-19
Jurisdiction of circuit court; procedure.
Status: in_force

The circuit court of the judicial circuit in which any person carries on, or attempts to carry on, business as a motor vehicle repair dealer or acts or holds oneself out as a motor vehicle mechanic or motor vehicle mechanic apprentice in violation of this chapter, or any rule made pursuant to this chapter, shall on application of the board, issue an injunction or other appropriate order restraining such conduct.

The proceedings under this section shall be governed by the Hawaii rules of civil procedure, except that no undertaking shall be required, and the board shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury. [L 1975, c 143, pt of §2; gen ch 1985]
Haw. Rev. Stat. § 443B-13 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-13
Jurisdiction of courts.
Status: in_force

The various district courts of the State shall have concurrent jurisdiction with the circuit courts in all criminal prosecutions for violations of this chapter.
Haw. Rev. Stat. § 467B — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B
‑17] Administrative enforcement; cease and desist orders.
Status: in_force

[§467B‑17] Administrative enforcement; cease and desist orders . (a) Whenever the attorney general finds that a charitable organization has violated section 467B-2.1, the attorney general may issue, in addition to the remedies prescribed by section 467B-9.7(b), a cease and desist order to the charitable organization.

(b) Any person aggrieved by an action of the attorney general under this section may request an administrative hearing to review that action in accordance with chapter 91 and rules adopted by the attorney general. Any request for hearing shall be made within ten days after the attorney general has served the person with notice of the action; provided that notice shall be deemed effective upon mailing. [L 2011, c 40, pt of §1][§467B‑16] Service of process; substituted service . (a) A charitable organization, professional solicitor, or professional fundraising counsel that is required to be registered under this chapter and that either has its principal place of business outside of the State or is organized under the laws of another state, and who does not have a registered agent with the department of commerce and consumer affairs, is considered to have irrevocably appointed the department of the attorney general as its agent for the service of a summons, subpoena, or other process directed to the charitable organization, professional fundraising counsel, or professional solicitor, or to a director, officer, partner, or principal of the charitable organization, professional fundraising counsel, or professional solicitor in an investigation, action, or other proceeding brought under this chapter, or for purpose of service of a subpoena under section 467B-9.3.

(b) Service under subsection (a) is complete if the department immediately sends notice of the service and a copy of the process to the charitable organization, professional fundraising counsel, or professional solicitor, or to a director, officer, partner, or principal of the charitable organization, professional fundraising counsel, professional solicitor, or other person to whom it is directed, by registered mail, return receipt requested, to the last address known to the department of the charitable organization, professional fundraising counsel, professional solicitor, or other person to whom it is directed.

(c) A charitable organization, professional fundraising counsel, or professional solicitor that is required to be registered under this chapter and that has its principal place of business within this State, and does not have a registered agent with the department of commerce and consumer affairs, may be served with a subpoena, summons, or other court process by personal service within this State. If personal service within this State cannot be made, substituted service may be made by any of the following methods:

(1) Mailing by registered or certified mail to the last-known place of business, residence, or abode within or without this State of the person for whom the subpoena is intended;

(2) For any person other than a natural person, in the manner provided for service of summons in an action or suit; or

(3) Service as directed by a court in lieu of personal service within this State. [L 2011, c 40, pt of §1]
Haw. Rev. Stat. § 454F-54 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-54
Employment transition of loan originators.
Status: in_force

(a) Temporary authority to originate loans for loan originators moving from a depository institution to a non-depository institution shall be available as follows:

(1) Upon becoming employed by a state-licensed mortgage company, an individual who is a registered loan originator shall be deemed to have temporary authority to act as a mortgage loan originator in this State for the period described in paragraph (2) if the individual:

(A) Has not had:

(i) An application for a loan originator license denied; or

(ii) A loan originator license revoked or suspended in any governmental jurisdiction;

(B) Has not been subject to, or served with, a cease and desist order:

(i) In any governmental jurisdiction; or

(ii) Under section 5113(c) of the federal SAFE Act;

(C) Has not been convicted of a misdemeanor or felony that would preclude licensure under the laws of this State;

(D) Has submitted an application to be a state-licensed loan originator in this State; and

(E) Was registered in NMLS as a loan originator during the one-year period preceding the date on which the information required under section 454F-4(d) is submitted; and

(2) For purposes of paragraph (1), the temporary authority period shall begin on the date on which an individual described in paragraph (1) submits the information required under section 454F-4(d) and pays the fees required under section 454F-22, and shall end on the earliest of the date:

(A) On which the individual withdraws the application to be a state-licensed loan originator in this State;

(B) On which this State denies, or issues a notice of intent to deny, the application;

(C) On which this State grants a mortgage loan originator license; or

(D) That is one hundred twenty days after the date on which the individual submits the application, if the application is listed on NMLS as incomplete.

(b) Temporary authority to originate loans shall be available for state-licensed loan originators moving interstate as follows:

(1) A state-licensed loan originator shall be deemed to have temporary authority to act as a mortgage loan originator in this State for the period described in paragraph (2) if the state-licensed loan originator:

(A) Meets the requirements of subsection (a)(1)(A) through (a)(1)(D);

(B) Is employed by a state-licensed mortgage company in this State; and

(C) Was licensed in a state other than this State during the thirty-day period preceding the date on which the information required under section 454F-4(d) was submitted in connection with the application submitted to this State; and

(2) For purposes of paragraph (1), the temporary authority period shall begin on the date on which the state-licensed loan originator submits the information required under section 454F-4(d) in connection with the application submitted to the commissioner and pays the fees required under section 454F-22, and end on the earliest of the date:

(A) On which the state-licensed loan originator withdraws the application to be a state-licensed loan originator in this State;

(B) On which this State denies, or issues a notice of intent to deny, the application;

(C) On which this State grants a mortgage loan originator license; or

(D) That is one hundred twenty days after the date on which the state-licensed loan originator submits the application, if the application is listed on NMLS as incomplete.

(c) With respect to temporary authority authorized by this section:

(1) Any person employing an individual who is deemed to have temporary authority to act as a loan originator in this State under this part shall be subject to the requirements of this chapter and to applicable law of this State to the same extent as if that individual was a state-licensed loan originator licensed by this State; and

(2) Any individual who is deemed to have temporary authority to act as a loan originator in this State under this part and who engages in residential mortgage loan origination activities shall be subject to the requirements of this chapter and to applicable law of this State to the same extent as if that individual was a state-licensed loan originator licensed by this State.

(d) An application submitted pursuant to this part shall not be subject to section 454F-4.9(a) through (c), pertaining to abandoned applications. [L 2019, c 74, pt of §1]
Haw. Rev. Stat. § 458-3 — HI Code / Division 2 / Title 25 / Chapter 458 / Section 458-3
Powers and duties.
Status: in_force

In addition to any other powers and duties authorized by law, the director of commerce and consumer affairs, subject to chapter 91, may adopt, amend, and repeal rules for the administration of this chapter.

The director shall appoint an advisory committee to serve as experts to the department in licensing matters. [L 1949, c 183, pt of §1; RL 1955, §69-3; am L Sp 1959 2d, c 1, §§6, 15; am L 1963, c 114, §3; am L 1965, c 96, §49; HRS §458-3; am L 1983, c 71, §1; am L 1985, c 255, §6; am L 1987, c 300, §3; am L 1992, c 202, §116; am L 1997, c 301, §4]
Haw. Rev. Stat. § 467E-3 — HI Code / Division 2 / Title 25 / Chapter 467E / Section 467E-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) Grant permission to a person to use the title of social worker and engage in the practice of social work in this State pursuant to this chapter and the rules adopted pursuant thereto;

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

(3) Administer, coordinate, and enforce this chapter and rules adopted pursuant thereto;

(4) Discipline a licensee for any cause described by this chapter or for any violation of the rules, fine any government employee employed as a social worker for any cause described by this chapter, and refuse to license a person for failure to meet licensing requirements or for any cause that would be grounds for disciplining a licensee; and

(5) Appoint an advisory committee consisting of three social workers and two members of the public to assist with the implementation of this chapter and the rules adopted pursuant thereto. [L 1994, c 251, pt of §2; am L 2002, c 167, §8]
Haw. Rev. Stat. § 453-5 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-5
Hawaii medical board; appointment, removal, qualifications.
Status: in_force

(a) For the purpose of carrying out this chapter, the governor shall appoint a Hawaii medical board whose duty it shall be to examine all applicants for license to practice medicine or surgery. As used in this chapter, "board" means the Hawaii medical board.

The board shall consist of eleven persons, seven of whom shall be physicians or surgeons licensed under the laws of the State, two of whom shall be osteopathic physicians licensed under the laws of the State, and two of whom shall be lay members appointed from the public at large. Of the nine members who are physicians, surgeons, or osteopathic physicians, at least five shall be appointed from the city and county of Honolulu and at least one shall be appointed from each of the other counties. Medical societies in the various counties may conduct elections periodically but no less frequently than every two years to determine nominees for the board to be submitted to the governor. In making appointments, the governor may consider recommendations submitted by the medical societies and the public at large. Each member shall serve until a successor is appointed and qualified.

(b) The department shall employ, not subject to chapter 76, an executive secretary to administer the board's activities and an employee to administer the medical inquiry and conciliation panels established under chapter 671. The employee responsible for administration of the medical inquiry and conciliation panels shall have no duties in administration of the board's activities. [L 1896, c 60, §4; RL 1925, §1025; RL 1935, §1204; RL 1945, §2504; am L 1953, c 86, §1; RL 1955, §64-4; am L Sp 1959 2d, c 1, §§5, 19; HRS §453-5; am L 1969, c 257, §4; am L 1976, c 219, §8; am L 1982, c 204, §8; am L 1983, c 92, pt of §1(2); am L 1984, c 168, §10; am L 1985, c 106, §1; am L 1992, c 202, §98; am L 1999, c 248, §3; am L 2000, c 253, §150; am L 2008, c 9, §2; am L 2012, c 296, §2]
Haw. Rev. Stat. § 441-31 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-31
Fees; biennial renewals.
Status: in_force

(a) The fee for a cemetery or pre-need funeral authority original license, for reinstatement of a suspended license, for biennial renewal of a license, and for the reissuance of a license when there has been a change in the licensee's name, shall be as provided in rules adopted by the director pursuant to chapter 91.

(b) The biennial renewal fee shall be paid to the director on or before December 31 of each odd-numbered year. Failure, neglect, or refusal of any duly licensed cemetery or pre-need funeral authority to pay the biennial renewal fee shall constitute a forfeiture of its license. Any such license may be restored upon written application therefor within one year of such date and the payment of the delinquent fees plus an amount equal to ten per cent thereof. [L 1967, c 199, pt of §1; HRS §441-31; am L 1968, c 14, §4; am L 1969, c 242, §12; am L 1975, c 21, §15 and c 118, §6; am L 1981, c 221, §17; am L 1982, c 66, §7 and c 204, §8; am L 1983, c 124, §17; am L 1985, c 101, §12; am L 1992, c 202, §53]
Haw. Rev. Stat. § 466J-10 — HI Code / Division 2 / Title 25 / Chapter 466J / Section 466J-10
Injunctive relief.
Status: in_force

The practice of radiologic technology 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 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 whose license has expired, from practicing radiologic technology. 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 as a radiographer or as a radiation therapy technologist without having been issued a license, or after the person's license has been suspended or revoked, or has expired, may issue a temporary injunction, without notice or bond, enjoining the defendant from further practicing as a radiographer or radiation therapy technologist. 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 is established that the defendant has been or is practicing as a radiographer or radiation therapy technologist without having been issued a license or has been or is practicing as a radiographer or as a radiation therapy technologist after the defendant's license has been revoked or has expired, the court, or any judge thereof, may enter a decree perpetually enjoining the defendant from further practicing as a radiographer or as a radiation therapy technologist. 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. § 440-34.5 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-34.5
Summary disciplinary action.
Status: in_force

The commission may fine, withhold purse money or fees, and issue immediate temporary suspensions of not more than sixty days against a licensee for violations of this chapter or commission rules. The commission shall notify the licensee in writing of any temporary suspension, fine, or withholding of purse money within five days of the commission's action. The licensee shall have a right to a hearing in accordance with chapter 91; provided that the licensee notifies the commission in writing of the request for a hearing within thirty days after the commission notifies the licensee in writing, by mail or by personal service, of the commission's order.
Haw. Rev. Stat. § 441-42 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-42
Trustee's compensation.
Status: in_force

The trustee shall be entitled to the same compensation as provided by law for trust companies in the management of fiduciary accounts, but in no event shall any sum in excess of five per cent of the income derived from the fund or pre-need trust in any year be paid as compensation to the trustee for its services in the administration of the fund or trust.
Haw. Rev. Stat. § 436B-4 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-4
Rules.
Status: in_force

The licensing authority may adopt rules pursuant to chapter 91 to effectuate this chapter and its licensing laws, and to carry out its purpose of protecting the health, safety, and welfare of consumers of services provided by a profession or vocation regulated by the licensing authority. The enumeration of specific matters which may properly be made the subject of rules shall not be construed to limit the licensing authority's broad general power to make all rules necessary to fully effectuate the purpose of this chapter.
Haw. Rev. Stat. § 465-9 — HI Code / Division 2 / Title 25 / Chapter 465 / Section 465-9
Temporary permit.
Status: in_force

A person not licensed in the State who wishes to engage in the practice of psychology for a period not to exceed ninety days within a calendar year shall petition the board for a temporary permit. If the person is licensed or certified in another state deemed by the board to have standards equivalent to this chapter, the person shall be entitled to a temporary permit in the same manner and subject to the same conditions specified in section 465-8 applicable to the issuance of licenses. The period of ninety days may be extended at the discretion of the board but not to exceed ninety days.
Haw. Rev. Stat. § 453-2.5 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-2.5
Traveling team physicians; exemption.
Status: in_force

(a) A physician licensed and in good standing to practice as a physician in another state shall be exempt from the licensure requirements of this chapter if:

(1) The physician has a written or oral agreement with a sports team to provide care to team members and coaching staff traveling with the team for a specific sporting event to take place in the State; provided that:

(A) The physician's practice is limited to that required by the bona fide national sport governing body, intercollegiate league, or professional league;

(B) The services provided by the physician are within the physician's scope of practice; and

(C) The physician has notified the Hawaii medical board of the date the physician intends to enter and practice in the State before the physician enters the State; or

(2) The physician has been invited by a bona fide national sport governing body, intercollegiate league, or professional league to provide services to team members and coaching staff at a bona fide national sport training center in the State or to provide services at an event or competition in the State that is sanctioned by the bona fide national sport governing body, intercollegiate league, or professional league; provided that:

(A) The physician's practice is limited to that required by the bona fide national sport governing body, intercollegiate league, or professional league;

(B) The services provided by the physician are within the physician's scope of practice; and

(C) The physician has notified the Hawaii medical board of the date the physician intends to enter and practice in the State before the physician enters the State.

(b) Nothing in this section shall be construed to permit a physician exempted by this section to:

(1) Provide care or consultation to any person residing in the State, other than a person specified in subsection (a); or

(2) Practice at a licensed health care facility in the State.

(c) Except as otherwise provided in this subsection, an exemption pursuant to subsection (a)(1) shall be valid while the physician is traveling with the sports team, but shall be no longer than ten days per individual sporting event. Upon application to the Hawaii medical board and for good cause shown, the Hawaii medical board may extend the time period in this subsection up to twenty days per individual sporting event, for a total of thirty days; provided that no physician shall be granted extensions that total more than thirty days in a calendar year.

(d) An exemption pursuant to subsection (a)(2) shall be valid during the time certified by the bona fide national sport governing body, intercollegiate league, or professional league; provided that no exemption shall be valid for more than thirty days.

(e) The Hawaii medical board may enter into agreements with medical and osteopathic licensing boards of other states to implement this section. Agreements may include procedures for reporting potential medical license violations. [L 2023, c 106, §1]
Haw. Rev. Stat. § 457G-5 — HI Code / Division 2 / Title 25 / Chapter 457G / Section 457G-5
Exemptions.
Status: in_force

(a) Nothing in this chapter shall be construed to prohibit any person from acting within the scope of a license issued to that person under any other law; provided that the person shall not claim to be an occupational therapist or occupational therapy assistant, or claim to be performing occupational therapy, unless the person is also licensed under this chapter.

(b) Nothing in this chapter shall be construed to prohibit students in an educational program for occupational therapists or occupational therapy assistants from participating in activities that are conducted as part of the educational program and are under the guidance and supervision of a licensed occupational therapist.

(c) Nothing in this chapter shall be construed to prohibit a person licensed as an occupational therapist in another state or foreign country from practicing occupational therapy in this State if the person is part of an educational demonstration or instructional program or seminar sponsored by an educational institution, hospital, medical care program, the Occupational Therapy Association of Hawaii, or any other similar person or group, for the duration of the program or seminar and confined to the purpose of the program or seminar.

(d) Nothing in this chapter shall be construed to prohibit an occupational therapist who is practicing in the United States armed services, United States Public Health Service, or Department of Veterans Affairs pursuant to federal regulations for state licensure of health care providers from practicing as an occupational therapist; provided that if the person, while federally employed as an occupational therapist, engages in the practice of occupational therapy outside the course and scope of the person's federal employment, the person shall be required to obtain a license in accordance with this chapter. [L 2014, c 209, pt of §2]
Haw. Rev. Stat. § 445-37 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-37
Public officers, etc.
Status: in_force

§445-37 Public officers, etc., may sell without license. Nothing in any law relating to auction licenses shall extend to or affect sales at auction made by the sheriff, deputy sheriff, police officer, poundmaster, tax collector, or other public officer; or by any personal representative, guardian, assignee, or other person who is required or authorized by law to sell any property at auction, and who shall under such authority sell such property; or by a charitable organization.
Haw. Rev. Stat. § 444-17 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-17
Revocation, suspension, and renewal of licenses.
Status: in_force

In addition to any other actions authorized by law, the board may revoke any license issued pursuant to this section, or suspend the right of a licensee to use a license, or refuse to renew a license for any cause authorized by law, including:

(1) Any dishonest, fraudulent, or deceitful act as a contractor that causes substantial damage to another;

(2) Engaging in any unfair or deceptive act or practice as prohibited by section 480-2;

(3) Abandonment of any construction project or operation without reasonable or legal excuse;

(4) Wilful diversion of funds or property received for prosecution or completion of a specific construction project or operation, or for a specified purpose in the prosecution or completion of any construction project or operation, and the use thereof for any other purpose;

(5) Wilful departure from, or wilful disregard of plans or specifications in any material respect without consent of the owner or the owner's duly authorized representative, that is prejudicial to a person entitled to have the construction project or operation completed in accordance with those plans and specifications;

(6) Wilful violation of any law of the State, or any county, relating to building, including any violation of any applicable rule of the department of health, or of any applicable safety or labor law;

(7) Failure to make and keep records showing all contracts, documents, records, receipts, and disbursements by a licensee of all the licensee's transactions as a contractor for a period of not less than three years after completion of any construction project or operation to which the records refer or to permit inspection of those records by the board;

(8) When the licensee being a partnership or a joint venture permits any partner, member, or employee of the partnership or joint venture who does not hold a license to have the direct management of the contracting business thereof;

(9) When the licensee being a corporation permits any officer or employee of the corporation who does not hold a license to have the direct management of the contracting business thereof;

(10) Misrepresentation of a material fact by an applicant in obtaining a license;

(11) Failure of a licensee to complete in a material respect any construction project or operation for the agreed price if the failure is without legal excuse;

(12) Wilful failure in any material respect to comply with this chapter or the rules adopted pursuant thereto;

(13) Wilful failure or refusal to prosecute a project or operation to completion with reasonable diligence;

(14) Wilful failure to pay when due a debt incurred for services or materials rendered or purchased in connection with the licensee's operations as a contractor when the licensee has the ability to pay or when the licensee has received sufficient funds therefor as payment for the particular operation for which the services or materials were rendered or purchased;

(15) The false denial of any debt due or the validity of the claim therefor with intent to secure for a licensee, the licensee's employer, or other person, any discount of the debt or with intent to hinder, delay, or defraud the person to whom the debt is due;

(16) Failure to secure or maintain workers' compensation insurance, unless the licensee is authorized to act as a self-insurer under chapter 386 or is excluded from the requirements of chapter 386;

(17) Entering into a contract with an unlicensed contractor involving work or activity for the performance of which licensing is required under this chapter;

(18) Performing service on a residential or commercial air conditioner using CFCs without using refrigerant recovery and recycling equipment;

(19) Performing service on any air conditioner after January 1, 1994, without successful completion of an appropriate training course in the recovery and recycling of CFC and HCFC refrigerants, which included instruction in the proper use of refrigerant recovery and recycling equipment that is certified by Underwriters Laboratories, Incorporated;

(20) Violating chapter 342C;

(21) Failure to pay delinquent taxes, interest, and penalties assessed under chapter 237 that relate to the business of contracting, or to comply with the terms of a conditional payment plan with the department of taxation for the payment of such delinquent taxes, interest, and penalties; and

(22) Knowingly or intentionally employing a person to perform work under a contract subject to chapter 104 who is not eligible to work in the United States under federal law. [L 1957, c 305, §1(s 16); am L Sp 1959 2d, c 1, §19; am L 1965, c 36, §1; Supp, §166A-16; HRS §444-17; am L 1969, c 64, §1 and c 163, §3; am L 1974, c 205, §2(12); am L 1975, c 41, §1; gen ch 1985; am L 1989, c 77, §11; am L 1990, c 316, §9; am L 1992, c 202, §69, c 264, §9, and c 269, §4; am L 1995, c 20, §6; am L 1996, c 43, §1; am L 2009, c 145, §1; am L 2010, c 185, §§1, 3]
Haw. Rev. Stat. § 451A-5 — HI Code / Division 2 / Title 25 / Chapter 451A / Section 451A-5
Powers and duties of the director.
Status: in_force

In addition to any other powers and duties authorized by law, the powers and duties of the director are to:

(1) Adopt rules in accordance with chapter 91 to carry out the purposes of this chapter;

(2) Develop standards for licensure;

(3) Prepare and administer examinations;

(4) Issue, renew, suspend, and revoke licenses;

(5) Investigate and conduct hearings regarding any violation of this chapter and any rules adopted by the director;

(6) Do all things necessary to carry out the functions, powers, and duties set forth in the chapter, which may include establishment of an advisory committee; and

(7) Monitor medical authorizations and waiver records. [L 1969, c 205, pt of §1; am L 1985, c 15, §3; am L 1992, c 202, §93; am L 1997, c 88, §4]
Haw. Rev. Stat. § 457A-4 — HI Code / Division 2 / Title 25 / Chapter 457A / Section 457A-4
Contract for administrative services.
Status: in_force

The director may contract with a professional testing service that is qualified to test the competency of nurse aides. The department may require that fees for services be paid directly to the professional testing service.
Haw. Rev. Stat. § 457G-2 — HI Code / Division 2 / Title 25 / Chapter 457G / Section 457G-2
Qualifications of occupational therapists.
Status: in_force

(a) To qualify for licensure in this State, occupational therapists shall have completed the educational requirements and supervised field work experience required for certification by the National Board for Certification in Occupational Therapy and shall have passed a national certification examination administered by that association.

(b) In the case of foreign-trained persons, the applicant for an occupational therapy license shall have completed the National Board for Certification in Occupational Therapy eligibility determination process for occupational therapists and shall have passed a national certification examination administered by the National Board for Certification in Occupational Therapy. [L 1978, c 146, pt of §1; am L 1998, c 35, §1 as superseded by c 97, §§2, 4; am L 2001, c 198, §3; am L 2003, c 97, §4; am L 2014, c 209, §5]
Haw. Rev. Stat. § 451A-13.5 — HI Code / Division 2 / Title 25 / Chapter 451A / Section 451A-13.5
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 director 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 director 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 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 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 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 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, §9]
Haw. Rev. Stat. § 448-11 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-11
Investigations and hearings.
Status: in_force

The board of dentistry, or its duly authorized representative, may inquire of any applicant for examination concerning the applicant's character, qualifications, or experience and may conduct investigations and hearings in order to secure further information concerning the character, qualifications, or experience of any such applicant.
Haw. Rev. Stat. § 451J-2 — HI Code / Division 2 / Title 25 / Chapter 451J / Section 451J-2
Marriage and family therapist licensing program.
Status: in_force

There is established a marriage and family therapist licensing program within the department. The program shall be administered by the director.
Haw. Rev. Stat. § 471-14 — HI Code / Division 2 / Title 25 / Chapter 471 / Section 471-14
Rules and regulations.
Status: in_force

The Hawaii board of veterinary medicine may, in the manner prescribed in chapter 91, adopt, amend, or repeal such rules and regulations as it deems proper to effectuate this chapter and to carry out the purpose thereof, which purpose is hereby stated to be the protection of the general public.
Haw. Rev. Stat. § 457B-1 — HI Code / Division 2 / Title 25 / Chapter 457B / Section 457B-1
Short title.
Status: in_force

This chapter may be cited as the "Nursing Home Administrators Act".
Haw. Rev. Stat. § 440-5 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-5
Deputy commissioners.
Status: in_force

The director may appoint deputy commissioners; provided that the director has the approval of the commission prior to any appointment. The director may remove deputy commissioners after consultation with the commission. The commission may direct the deputy commissioner or deputy commissioners to be present at any boxing contest and, in the absence of the commission or a member thereof, to superintend and control the boxing contest, in accordance with this chapter and the rules adopted by the commission pursuant thereto. The deputy commissioners shall make a written report to the executive officer in the manner and form prescribed by the commission of the conditions prevailing at every contest.
Haw. Rev. Stat. § 436B-14 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-14
Restoration of forfeited license.
Status: in_force

A license which has been forfeited may be restored by the licensing authority within one year after the date of forfeiture upon compliance with the licensing renewal requirements provided by law and upon written application and payment of all applicable renewal fees, penalty fees, compliance resolution fund fees and, if applicable, recovery fund assessments. Any person who fails to have the person's license restored within one year from the date of forfeiture may be required by the licensing authority to reapply for licensure as a new applicant.
Haw. Rev. Stat. § 448-13 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-13
Certificate, evidence.
Status: in_force

All certificates of license issued by the board of dentistry shall be signed by the chairperson, sealed, and shall be presumptive evidence of the right of the holder to practice dentistry. No person shall practice dentistry without first having procured such a certificate, except as provided in this chapter. Any person practicing dentistry and not having at the time a valid and uncanceled license shall be guilty of a failure to comply with this chapter and shall be punished as in this chapter provided.
Haw. Rev. Stat. § 457G-8 — HI Code / Division 2 / Title 25 / Chapter 457G / Section 457G-8
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 director 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 director 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 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 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 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 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, §18]
Haw. Rev. Stat. § 436B-17 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-17
Filing of current addresses.
Status: in_force

Each licensee shall file with the licensing authority the licensee's current mailing, business, and residence address. It shall be the licensee's duty to provide written notice to the licensing authority of any change of address within thirty days of the change. Failure of the licensee to provide the notice shall absolve the licensing authority, executive secretary, or any designee from any duty to provide notice of any matter required by law to be provided the licensee.
Haw. Rev. Stat. § 440E-12 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-12
Failure to report receipts.
Status: in_force

Whenever any promoter holding a license to conduct, hold, or give mixed martial arts contests fails to timely submit a report of any contest or comply with the requirements of this chapter, or whenever the report is unsatisfactory to the director, the director at the licensee's expense, may examine or cause to be examined, the books and records of the promoter.
Haw. Rev. Stat. § 449-9 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-9
Escrow depository's bond.
Status: in_force

Before an escrow depository's license becomes effective, the escrow depository shall give a bond to the commissioner in the penal sum of not less than $100,000 executed by a surety insurer authorized in this State, conditioned:

(1) That the escrow depository will honestly, faithfully, and with diligence apply all funds, other consideration, or property and instruments affecting title in accordance with the instructions under which the same were deposited with it, and will promptly account for the same; and

(2) That the escrow depository will satisfy all judgments and decrees which may be recovered against it in any action or proceeding brought under this chapter.

The aggregate liability of the surety for all breaches of the conditions of the bond shall, in no event, exceed the penal sum of the bond. In lieu of the bond, an escrow depository may deposit cash, a letter of credit, or securities acceptable to the commissioner. [L 1967, c 144, pt of §1; HRS §449-9; am L 1985, c 269, §50; am L 1992, c 205, §10]
Haw. Rev. Stat. § 437D-8.6 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-8.6
Damage waiver statistics.
Status: in_force

Lessors shall maintain records of the sale of damage waivers in a given year and amounts expended to repair damage to rental vehicles caused while the vehicles are subject to the damage waiver. Lessors shall maintain all records reflecting these statistics for a period of three years and shall make the records available to the department of commerce and consumer affairs upon request. Neither the director, nor any other employee of the department of commerce and consumer affairs, nor any other person appointed by the director as provided by law, shall release or divulge any of the information or data required by this section, except as may be required or allowed by rules adopted pursuant to section 437D-18.
Haw. Rev. Stat. § 457-7.5 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-7.5
Delegation.
Status: in_force

[§457-7.5]Delegation. (a) A registered nurse may delegate nursing care tasks, functions, and activities to unlicensed assistive personnel in a manner that is appropriate to the level of knowledge and skill of the unlicensed assistive personnel; provided that the delegation of tasks, functions, and activities complies with applicable federal and state laws; and provided further that the practice-pervasive functions of assessment, evaluation, and nursing judgment shall not be delegated.

(b) The delegating nurse is responsible for individually assessing the patient and the situational circumstances and for ascertaining the competence of the delegatee before delegating any task, function, or activity. The delegating nurse shall supervise, monitor, evaluate, and follow-up on instructions to a delegatee after delegating any task, function, or activity. The delegatee shall assume liability for accepting the delegation and for the delegatee's own actions in carrying out the delegated task, function, or activity.

(c) When delegating a task, function, or activity, a delegating nurse shall use the NCSBN delegation decision-making process as a model for decision-making. The delegating nurse shall consider and carefully analyze:

(1) Patient needs and circumstances;

(2) Qualifications of the proposed delegatee;

(3) The nature of the delegating nurse's delegation authority set forth in this chapter;

(4) The delegating nurse's personal competence in the area of nursing relevant to the task, function, or activity to be delegated; and

(5) The protocols contained in NCSBN documents, including but not limited to: Five Rights of Delegation, Delegation-Decision Making Tree, and The Continuum of Care Framework. [L 2010, c 57, pt of §2]
Haw. Rev. Stat. § 444-23.5 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-23.5
Forfeiture of property for unlicensed activity.
Status: in_force

(a) If an investigator finds that a person has acted in the capacity of, or engaged in the business of a contractor within this State without having a current license as required by this chapter to so act or engage, and the person is or was a defendant or respondent in a separate citation or lawsuit filed with or by the department, the investigator may issue a notice of forfeiture of property used by the person in the unlicensed activity, and the property that is the subject of the notice of forfeiture shall be turned over to the department for disposition in accordance with this chapter.

(b) Each notice of forfeiture shall be in writing and shall describe the tools, implements, documents, materials, or any other property used by any person in unlicensed activity that violates section 444-9.

(c) The department shall make good faith efforts to locate and notify within a reasonable period of time all owners or interest-holders of property subject to a notice of forfeiture.

(d) Service of a notice of forfeiture issued under this section shall be made:

(1) If the name and current address of the unlicensed person, owner, or interest-holder is known:

(A) By personal service; or

(B) By mailing a copy of the notice to the unlicensed person, owner, or interest-holder by certified mail to the last address on record with a state agency; or

(2) If the address of the unlicensed person, owner, or interest-holder is not known or is not on record with a state agency, by public notice once as provided in section 1-28.5.

(e) An unlicensed person served with a notice of forfeiture under this section may submit a written request to the director for a hearing:

(1) Within twenty days of receipt of the notice of forfeiture, if the person is served personally or by mail; or

(2) Within twenty days of public notice of forfeiture.

If a request for a hearing is not timely filed with the director, the notice of forfeiture shall be deemed a final order of the director.

(f) An owner or interest-holder served with a notice of forfeiture, other than the unlicensed person, may file a petition for remission of forfeiture with the department within twenty days of service by personal service or mail, or within twenty days of the date of public notice, if service is by public notice. The petition shall be signed by the petitioner and sworn on oath before a notary public and shall contain the following:

(1) A reasonably complete description of the property subject to forfeiture; and

(2) A statement of the interest of the petitioner in the property subject to forfeiture, with supporting documentary evidence.

If a petition for remission of forfeiture is not timely filed with the director, the notice of forfeiture shall be deemed a final order of the director.

(g) The department shall review the petition for remission of forfeiture and, if remission is warranted, return the property subject to forfeiture to the petitioner within thirty days of receipt of the petition. If the department determines that remission is not warranted, the department shall issue a written decision to the petitioner within thirty days of receipt of the petition.

(h) A petitioner whose petition for remission has been denied may file with the director a written request for a hearing as provided under subsections (i) and (j). The written request shall be filed within twenty days of receipt of the written decision denying the petition for remission. If a request for hearing is not timely filed with the director, the notice of forfeiture shall be deemed a final order of the director.

(i) Hearings shall be subject to chapter 91 and shall be conducted by the director or a hearings officer designated by the director. The director or designated hearings officer may issue subpoenas, administer oaths, hear testimony, find facts, make conclusions of law, and issue a final order of forfeiture. The department shall have the burden to show by clear and convincing evidence that the property is subject to forfeiture. In determining whether the property is subject to forfeiture, the director or hearings officer shall consider evidence of ownership, the description of the property, and any other relevant evidence.

(j) Any person aggrieved by the decision of the director or designated hearings officer may appeal the decision in the manner provided in chapter 91, to the circuit court of the circuit in which:

(1) The person resides;

(2) The person's principal place of business is located; or

(3) The activity in question occurred.

(k) The director may file an action in the circuit court for a judgment to enforce any final order issued by the director or designated hearings officer pursuant to this section. A judgment enforcing the final order shall issue upon a showing by the director either that notice was given and a hearing was held, or, that the time granted for requesting a hearing has run without the timely filing of a request.

(l) The department may dispose of all property forfeited in accordance with this chapter by:

(1) Transferring property to any local or state government entity, municipality, or law enforcement agency within the State;

(2) Selling property to the public by public sale; or

(3) Using any other means of disposition authorized by law.

(m) All proceeds of a forfeiture action conducted pursuant to this section, after payment of expenses of administration and sale, shall be deposited in the compliance resolution fund established under section 26-9(o). Moneys in the fund shall be appropriated for the payment of any expenses necessary to seize, detain, appraise, inventory, safeguard, maintain, advertise, or sell property seized, detained, or forfeited pursuant to this section or any other necessary expenses incident to the seizure, detention, or forfeiture of such property.

(n) Forfeiture under this section shall be separate from and in addition to all other applicable remedies, either civil or criminal. This section shall not apply to the violations set forth in section 444-23(a) and (b).

(o) The director may adopt rules as necessary to fully effectuate this section. [L 2000, c 291, §2; am L 2003, c 3, §15]
Haw. Rev. Stat. § 443B-9 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-9
Collection, attorney's, or commission fees; exception.
Status: in_force

(a) A collection agency shall not collect, or attempt to collect, any collection fee or attorney's fee or commission from any debtor; provided that an attorney's fee or commission may be collected after filing of a suit against any debtor and the fee or commission shall not be in excess of twenty-five per cent of the unpaid principal balance. All attorney's fees or commissions collected by a collection agency shall be remitted to the attorney and no portion of the collection shall be retained by the collection agency.

(b) This section shall not prohibit a collection agency from collecting, or attempting to collect, from a debtor, a commission authorized under a contract with the University of Hawaii, a contract with the department of taxation pursuant to sections 231-13 and 231-26, or a contract with the executive office on early learning. [L 1987, c 191, pt of §1; am L 1996, c 280, §2; am L 1999, c 68, §3; am L 2002, c 213, §3; am L 2021, c 210, §8]
Haw. Rev. Stat. § 436B-8.5 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-8.5
Review of examinations.
Status: in_force

The department, in its discretion, may allow an applicant to review the most recent examination failed by the applicant, provided that under no circumstances shall the licensing authority or the department allow an examination to be copied.
Haw. Rev. Stat. § 448-19 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-19
Using assumed name or degree prohibited.
Status: in_force

Nothing in this chapter shall permit the performance of dental operations by an unlicensed person under cover of the name of a registered and licensed practitioner, and no person shall practice dentistry under an assumed name, title, or degree. Any person practicing dentistry under a false or assumed name, or who assumes the degree of "Doctor of Dental Surgery" or "Doctor of Dental Medicine", or appends the letters "D.D.S.", or "D.D.M." to the person's name, the same not having been duly conferred on the person by some college or school legally empowered to confer the same; or assumes any title or appends any letters to the person's name with intent to represent falsely that the person has received a dental degree or license, shall be guilty of a failure to comply with this chapter and shall be punished as in this chapter provided.
Haw. Rev. Stat. § 461-10 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-10
Pharmacies.
Status: in_force

Any proprietor or manager of a pharmacy who fails or neglects to place a registered pharmacist in charge thereof or who permits the compounding of prescriptions, or the vending of drugs, except by or under the immediate supervision of a registered pharmacist, shall be deemed to have violated this chapter. Any person who, not being a registered pharmacist, compounds prescriptions or vends drugs, while not subject to the immediate supervision of a registered pharmacist, shall be deemed to have violated this chapter.
Haw. Rev. Stat. § 445-23 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-23
Hours for auctions.
Status: in_force

No auction sale of goods, wares, and merchandise shall be conducted between the hours of 9:00 o'clock in the evening and 8:00 o'clock in the morning, and no such auction of any nature or description shall be conducted during the months of November and December of any year; provided that this section shall not apply to:

(1) Sales of household furniture, vehicles, automobiles, machinery, livestock, and like bulky articles;

(2) Any sale made under the direction of any court;

(3) Sales of any personal property belonging to the State or any county;

(4) A bona fide sale of a stock of merchandise, where the creditors of the owner thereof are engaged in the legitimate closing out of the stock;

(5) Sales by hawkers on the street or peddlers from vehicles;

(6) Sales by persons selling fruits, fish, seafood products, vegetables, butter, eggs, or other farm or ranch produce; or

(7) Auctions held in public auction rooms that have been established for six months or more. [L 1925, c 195, pt of §1; am L 1933, c 145, §1; RL 1935, §2419; RL 1945, §7020; RL 1955, §155-20; am L 1965, c 183, §1; HRS §445-23; am L 1993, c 272, §2]
Haw. Rev. Stat. § 445-32 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-32
Suit to enjoin violation and action for damages.
Status: in_force

Any person, firm, private corporation, incorporated or unincorporated trade association, may maintain a suit to enjoin a continuance of any act in violation of sections 445-22 to 445-31 and, if injured thereby, have recovery of damages. If in any such suit the court finds that the defendant is violating or has violated any of the sections, it shall enjoin the defendant from a continuance thereof. It shall not be necessary that actual damages to the plaintiff or petitioner be alleged or proved in order to obtain the injunction.

No proceeding shall be instituted for an injunction unless or until plaintiff or petitioner has notified the defendant of the plaintiff's or petitioner's intention to file the proceeding unless the defendant ceases and desists from continuing to act in violation of any of the sections, the notice to be given at least twenty-four hours previous to the filing of any action. No injunction shall issue in the event that the defendant ceases violating the sections upon the receipt of the notice, but the giving of the notice or the bringing of a suit or action under this section shall not prevent the institution or continuance to completion of a prosecution under section 445-27, or of a suit under section 445-33. [L 1951, c 196, §3; RL 1955, §155-29; HRS §445-32; gen ch 1985]
Haw. Rev. Stat. § 441-24.6 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-24.6
Pre-need trusts and perpetual care funds; actuarial studies.
Status: in_force

(a) Every cemetery authority operating a perpetual care cemetery and every cemetery or pre-need funeral authority offering pre-need services shall contract with an independent actuary to conduct an annual study of its level of funding. In the case of a perpetual care cemetery, the study shall be to determine whether the authority's perpetual care fund will provide sufficient income to cover the costs of the perpetual care of the cemetery. In the case of a cemetery or pre-need funeral authority, the study shall be to determine whether the authority's pre-need trust will be sufficient to cover the claims of pre-need plan participants.

(b) The actuarial study shall be submitted to the director within one hundred twenty days after the close of the authority's books for the fiscal or calendar year. At a minimum, such study shall detail the assets and liabilities of the fund or trust, the actuarial assumptions used in preparing the report and the actuary's conclusions as to whether the levels of funding are adequate. If the actuary concludes that the funding is not adequate, the actuary shall recommend what actions are necessary to protect the perpetual care fund or pre-need trust participants.

(c) If the study concludes that the levels of funding are not adequate or that the interests of the participants in the perpetual care fund or pre-need trusts are in any other respect not adequately protected, the director may require that a greater portion of the income be transferred to the fund or trust or may take such other action as is necessary to correct any inadequacies or may suspend the authority's right to accept further participants in the fund or trust. If requested by the authority, a hearing on the action taken by the director shall be conducted pursuant to chapter 91. [L 1985, c 101, §25]
Haw. Rev. Stat. § 437-3 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-3
Prohibited acts for dealer or auction.
Status: in_force

No dealer or auction shall sell or bring or cause to be brought into this State for purposes of sale any new motor vehicle for which the dealer or auction is not franchised.