Haw. Rev. Stat. § 476-8 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-8
Insurance provisions.
Status: in_force

(a) The amount, if any, charged for insurance shall not exceed the premiums chargeable in accordance with rate filings made with the state insurance commissioner under chapter 431 for similar insurance.

The seller or holder, if dual interest insurance on the goods is included in a credit sale contract and a separate charge is made therefor, shall within thirty days after execution of the credit sale contract send or cause to be sent to the buyer a policy or policies or certificate of insurance, written by an insurance company authorized to do business in this State, clearly setting forth the amount of the premium, the kind or kinds of insurance, and the scope of the coverage and all the terms, exceptions, limitations, restrictions, and conditions of the contract or contracts of insurance.

The buyer of goods under a credit sale contract may purchase any required insurance from an insurance producer of the buyer's own selection, and in an insurance company of the buyer's own selection authorized to do business in this State; provided that the seller or holder shall have the right for reasonable cause to disapprove of the insurance company selected by the buyer to underwrite the insurance.

(b) In any credit sale contract for the sale of a motor vehicle where insurance is contracted for as a part of the sale, and the insurance does not include public liability insurance for bodily injury and property damage, the contract shall contain, on the same page as the disclosures therein concerning insurance, a notice substantially similar to the following:

"THIS DOES NOT INCLUDE INSURANCE ON YOUR LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE. IT DOES NOT MEET THE REQUIREMENTS FOR PROOF OF FINANCIAL RESPONSIBILITY UNDER HAWAII LAW."

(c) If any insurance policy or certificate is canceled, the unearned insurance premium refund received by the holder of the contract shall at the option of the holder either be credited to the final maturing installments of the credit sale contract or be paid to the buyer, except to the extent applied toward payment for similar insurance protecting the interests of the buyer and holder of the contract or either of them. [L 1961, c 102, pt of §1; Supp, §201A-5; am L 1967, c 285, §3; HRS §476-6; am and ren L 1984, c 86, pt of §1; gen ch 1985; am L 2003, c 212, §129; am L 2008, c 19, §2]
Haw. Rev. Stat. § 476-14 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-14
Acceleration of time payments.
Status: in_force

No provision in a credit sale contract by which, in the absence of the buyer's default, the holder may, arbitrarily and without reasonable cause, accelerate the maturity of any part or all of the payments shall be enforceable.
Haw. Rev. Stat. § 486-36 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-36
Remedies.
Status: in_force

Notwithstanding other penalties provided in this chapter, including but not limited to penalties provided under section 486-32, the board may enforce this chapter in both administrative and judicial proceedings:

(1) Administrative. If the administrator determines that any person is violating any provision of this chapter or any rule adopted thereunder, or any variance or exemption or waiver issued pursuant thereto, the administrator may have that person served with a notice of violation and an order. The notice shall specify the alleged violation. The order may require that the alleged violator do any or all of the following:

(A) Cease and desist from the violation;

(B) Pay an administrative penalty not to exceed $2,000 for each day of violation;

(C) Correct the violation at the alleged violator's own expense; or

(D) Appear before the board at a time and place specified in the order and answer the charges complained of.

The order shall become final twenty calendar days after service unless within those twenty calendar days the alleged violator requests in writing a hearing before the board. Upon such request the board shall specify a time and place for the alleged violator to appear. After a hearing pursuant to this paragraph, the board may affirm, modify, or rescind the order as appropriate.

Factors to be considered in imposing the administrative penalty may include the nature and history of the violation and any prior violation and the opportunity, difficulty, and history of corrective action. It is presumed that the violator's economic and financial conditions allow payment of the penalty and the burden of proof to the contrary is on the violator; and

(2) Judicial. The board may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued pursuant to this section. In any judicial proceeding to enforce the administrative penalty imposed pursuant to this chapter, the board shall be required to show that:

(A) Notice was given;

(B) A hearing was held or the time granted for requesting a hearing had expired without such a request;

(C) The administrative penalty was imposed; and

(D) The penalty imposed remains unsatisfied.

The board may also institute a civil action in any court of competent jurisdiction for injunctive relief to enjoin violation of any order issued or rule adopted pursuant to this chapter, in addition to any other remedy or penalty provided for under this chapter. [L 1991, c 153, §2; am L 1998, c 192, §2; am L 2005, c 22, §34]
Haw. Rev. Stat. § 480E-10 — HI Code / Division 2 / Title 26 / Chapter 480E / Section 480E-10
Prohibitions.
Status: in_force

(a) A distressed property consultant shall not:

(1) Represent, expressly or by implication, in connection with the advertising, marketing, promotion, offering for sale, or performance of any mortgage assistance relief service, that a distressed property owner cannot or should not contact or communicate with the distressed property owner's lender or servicer;

(2) Misrepresent, expressly or by implication, any material aspect of any mortgage assistance relief service, including but not limited to:

(A) The likelihood of negotiating, obtaining, or arranging any represented service or result, such as those set forth in the definition of mortgage assistance relief service;

(B) The amount of time it will take the distressed property consultant to accomplish any represented service or result, such as those set forth in the definition of "mortgage assistance relief service";

(C) That a mortgage assistance relief service is affiliated with, endorsed or approved by, or otherwise associated with:

(i) The United States government;

(ii) Any governmental homeowner assistance plan;

(iii) Any federal, state, or local government agency, unit, or department;

(iv) Any nonprofit housing counselor agency or program;

(v) The maker, holder, or servicer of the consumer's residential loan; or

(vi) Any other individual, entity, or program;

(D) The distressed property owner's obligation to make scheduled periodic payments or any other payments pursuant to the terms of the distressed property owner's residential loan;

(E) The terms or conditions of the distressed property owner's residential loan, including but not limited to the amount of the debt owed;

(F) The terms or conditions of any refund, cancellation, exchange, or repurchase policy for any mortgage assistance relief service, including but not limited to the likelihood of obtaining a full or partial refund, or the circumstances in which a full or partial refund will be granted, for a mortgage assistance relief service;

(G) That the distressed property consultant has completed the represented services or has a right to claim, demand, charge, collect, or receive payment or other consideration;

(H) That the distressed property owner will receive legal representation;

(I) The availability, performance, cost, or characteristics of any alternative to for-profit mortgage assistance relief services through which the distressed property owner can obtain mortgage assistance relief, including negotiating directly with the residential loan holder or servicer, or using any nonprofit housing counselor agency or program;

(J) The amount of money or the percentage of the debt amount that a distressed property owner may save by using any mortgage assistance relief service;

(K) The total cost to purchase any mortgage assistance relief service; or

(L) The terms, conditions, or limitation of any offer of mortgage assistance relief the distressed property consultant obtains from the distressed property owner's residential loan holder or servicer, including the time period in which the distressed property owner must decide to accept the offer;

(3) Make any representation, expressly or by implication, about the benefits, performance, or efficacy of any mortgage assistance relief service unless, at the time such representation is made, the provider possesses and relies upon competent and reliable evidence that substantiates that the representation is true. For the purposes of this paragraph, "competent and reliable evidence" means tests, analyses, research, studies, or other evidence based on the expertise of professionals in the relevant area, that have been conducted and evaluated in an objective manner by individuals qualified to do so, using procedures generally accepted in the profession to yield accurate and reliable results;

(4) Conceal any material fact;

(5) Induce or attempt to induce a distressed property owner to waive any provision of this chapter;

(6) Make any promise or guarantee not fully disclosed in the distressed property consultant contract;

(7) Engage or attempt to engage in any activity or act concerning the distressed property not fully disclosed in the distressed property consultant contract;

(8) Induce or attempt to induce a distressed property owner to engage in any activity or act not fully disclosed in the distressed property consultant contract;

(9) Take, ask for, claim, demand, charge, collect, or receive any compensation until after the distressed property consultant has fully performed each service the distressed property consultant contracted to perform or represented would be performed;

(10) Take, ask for, claim, demand, charge, collect, or receive for any reason, any fee, interest, or any other compensation that exceeds the two most recent monthly mortgage installments of principal and interest due on the loan first secured by the distressed property or the most recent annual real property tax charged against the distressed property, whichever is less;

(11) Take or ask for a wage assignment, a lien of any type on real or personal property, or other security to secure the payment of compensation. This type of security is void and not enforceable;

(12) Receive any consideration from any third party in connection with services rendered to a distressed property owner unless the consideration is fully disclosed in the distressed property consultant contract;

(13) Acquire any interest, directly or indirectly, or by means of a subsidiary or affiliate, in a distressed property from a distressed property owner with whom the distressed property consultant has contracted;

(14) Require or ask a distressed property owner to sign any lien, encumbrance, mortgage, assignment, or deed unless the lien, encumbrance, mortgage, assignment, or deed is fully described in the distressed property consultant contract, including all disclosures required by this chapter;

(15) Take any power of attorney from a distressed property owner for any purpose, except to inspect documents concerning the distressed property as allowed by law;

(16) Advise or instruct a distressed property owner to stop making payments to any lending party if that property owner is not in receipt of a written notice that the property owner's residential loan has been accelerated;

(17) Fail to disclose, at the time the distressed property consultant furnishes the distressed property owner with the lending party's written offer for mortgage assistance relief, the following information:

"This is an offer of mortgage assistance we obtained from your lender [or servicer]. You may accept or reject the offer. If you reject the offer, you do not have to pay us. If you accept the offer, you will have to pay us [same amount as disclosed in the distressed property consultant contract] for our services."

The disclosure required by this paragraph shall be made in a clear and prominent manner, on a separate written page, and preceded by the heading:

"IMPORTANT NOTICE: Before buying this service, consider the following information."

The heading shall be in boldface type that is two-point type larger than the type size of the required disclosure;

(18) Fail to provide, at the time the distressed property consultant furnishes the distressed property owner with the written agreement specified in paragraph (17), a notice from the lending party that describes all material differences between the terms, conditions, and limitations associated with the distressed property owner's current residential loan and the terms, conditions, and limitations associated with the distressed property owner's residential loan if the owner accepts the lending party's offer, including but not limited to differences in the loan's:

(A) Principal balance;

(B) Contract interest rate, including the maximum rate and any adjustable rates, if applicable;

(C) Amount and number of the owner's scheduled periodic payments on the loan;

(D) Monthly amounts owed for principal, interest, taxes, and any mortgage insurance on the loan;

(E) Amount of any delinquent payments owing or outstanding;

(F) Assessed fees or penalties; and

(G) Term.

The notice required by this paragraph shall be made in a clear and prominent manner, on a separate written page, and preceded by the heading: "IMPORTANT INFORMATION FROM YOUR [name of lender or servicer] ABOUT THIS OFFER." The heading shall be in boldface type that is two-point type larger than the type size of the required disclosure;

(19) Fail to disclose in the notice specified in paragraph (18), in cases where the offer of mortgage assistance relief obtained by the distressed property consultant from the lending party is a trial residential loan modification, the terms, conditions, and limitations of the offer, including but not limited to:

(A) The fact that the distressed property owner may not qualify for a permanent loan modification; and

(B) The likely amount of the scheduled periodic payments and any arrears, payments, or fees that the distressed property owner would owe in failing to qualify; or

(20) File any document in the bureau of conveyances of the State of Hawaii that purports to modify, reduce, eliminate, discharge, contest, or otherwise affect any mortgage, lien, or encumbrance of record without either the express written consent of the lending party or lienholder or a court order permitting or directing the document to be filed, with the exception of a notice of pendency of action or lis pendens.

(b) A distressed property purchaser shall not:

(1) Misrepresent or conceal any material fact;

(2) Induce or attempt to induce a distressed property owner to waive any provision of this chapter;

(3) Make any promise or guarantee not fully disclosed in the distressed property conveyance contract;

(4) Engage or attempt to engage in any activity or act concerning the distressed property not fully disclosed in the distressed property conveyance contract;

(5) Induce or attempt to induce a distressed property owner to engage in any activity or act not fully disclosed in the distressed property conveyance contract;

(6) Enter into or attempt to enter into a distressed property conveyance unless the distressed property purchaser verifies and can demonstrate that the distressed property owner has a reasonable ability to pay any amounts due to reacquire an interest in the distressed property or to make monthly or any other payments due under a distressed property conveyance contract or distressed property lease, if the distressed property purchaser allows any distressed property owner to remain in, occupy, use, or repurchase the distressed property;

(7) Fail to make a payment to the distressed property owner at the time the title is conveyed so that the distressed property owner has received consideration in an amount of at least eighty-two per cent of the property's fair market value, or, in the alternative, fail to pay the distressed property owner no more than the costs necessary to extinguish all of the existing obligations on the distressed property, as set forth in this chapter; provided that the distressed property owner's costs to repurchase the distressed property pursuant to the terms of the distressed property conveyance contract do not exceed one hundred twenty-five per cent of the distressed property purchaser's costs to purchase the property. If a distressed property owner is unable to repurchase the property pursuant to the terms of the distressed property conveyance contract, the distressed property purchaser shall not fail to make a payment to the distressed property owner so that the distressed property owner has received consideration in an amount of at least eighty-two per cent of the property's fair market value at the time of conveyance or at the expiration of the distressed property owner's option to repurchase;

(8) Enter into any repurchase or lease agreement as part of a distressed property conveyance contract or subsequent conveyance of an interest in the distressed property back to a distressed property owner that is unfair or commercially unreasonable or engage in any other unfair conduct;

(9) Represent, directly or indirectly, that the distressed property purchaser is acting as an advisor or a consultant or is acting on behalf of or assisting a distressed property owner to "remain in the house", "save the house", "buy time", or "stop the foreclosure" or is doing anything other than purchasing the distressed property;

(10) Misrepresent the distressed property purchaser's status as to licensure or certification;

(11) Do any of the following until after the time during which a distressed property owner may cancel the distressed property conveyance contract:

(A) Accept from a distressed property owner execution of any instrument of conveyance of any interest in the distressed property;

(B) Execute an instrument of conveyance of any interest in the distressed property; or

(C) Pursuant to chapter 501 or 502, record any document signed by a distressed property owner, including any instrument of conveyance;

(12) Fail to re-convey title in a distressed property to the distressed property owner or owners when the terms of the distressed property conveyance contract have been fulfilled if the distressed property consultant or distressed property purchaser contracted or represented that title in the distressed property would be re-conveyed to the distressed property owner or owners when the terms of the distressed property conveyance contract have been fulfilled;

(13) Induce or attempt to induce a distressed property owner to execute a quitclaim deed concerning a distressed property;

(14) Enter into a distressed property conveyance contract where any party to the contract is represented by power of attorney;

(15) Immediately following the conveyance of the distressed property, fail to extinguish all liens encumbering the distressed property at the time of the distressed property conveyance or fail to assume all liability with respect to all liens encumbering the distressed property at the time of the distressed property conveyance, which assumption shall be accomplished without violations of the terms and conditions of the lien or liens being assumed. Nothing herein shall preclude a lender from enforcing any provision in a contract that is not otherwise prohibited by law;

(16) Fail to complete a distressed property conveyance through:

(A) An escrow depository licensed by the department of commerce and consumer affairs;

(B) A bank, trust company, or savings and loan association authorized under any law of this State or of the United States to do business in the State;

(C) A person licensed as a real estate broker in this State who is the broker for a party to the escrow; provided that the person does not charge any escrow fee; or

(D) A person licensed to practice law in this State who, in escrow, is not acting as the employee of a corporation; provided that the person does not charge any escrow fee; or

(17) Cause the property to be conveyed or encumbered without the knowledge or permission of all distressed property owners or in any way frustrate the ability of any distressed property owner to reacquire the distressed property.

(c) There shall be a rebuttable presumption that an appraisal by a person licensed or certified as a real property appraiser by the State or the federal government is an accurate determination of the fair market value of the property.

(d) An evaluation of "reasonable ability to pay" under this chapter shall include debt to income ratio, fair market value of the distressed property, and the distressed property owner's payment history. [L 2008, c 137, pt of §2; am L 2016, c 142, §9; am L 2019, c 111, §27]
Haw. Rev. Stat. § 485A-604 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-604
Administrative enforcement.
Status: in_force

(a) If the commissioner determines that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter or that a person has materially aided, is materially aiding, or is about to materially aid an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter, the commissioner may:

(1) Issue an order directing the person to cease and desist from engaging in the act, practice, or course of business or to take other action necessary or appropriate to comply with this chapter;

(2) Issue an order denying, suspending, revoking, or conditioning the exemptions for a broker-dealer under section 485A-401(b)(1)(D) or (F), or for an investment adviser under section 485A-403(b)(1)(C); or

(3) Issue an order under section 485A-204.

(b) An order under subsection (a) shall be effective on the date of issuance. Upon issuance of the order, the commissioner shall promptly serve each person subject to the order with a copy of the order. The order shall include a statement of any civil penalty or costs of investigation the commissioner will seek, a statement of the reasons for the order, and notice that, within fifteen days after receipt of a request in a record from the person, the matter shall be scheduled for a hearing in accordance with chapter 91. The order may include rescission, restitution, or disgorgement directed to a person that has engaged in an act, practice, or course of business constituting a violation of this chapter or the predecessor act or a rule adopted or order issued under this chapter or the predecessor act. If a person subject to the order does not request a hearing and none is ordered by the commissioner within thirty days after the date of service of the order, the order, including the imposition of a civil penalty or requirement for payment of the costs of investigation sought in a statement in the order, becomes final as to that person by operation of law. If a hearing is requested or ordered, the commissioner, after notice of and opportunity for hearing to each person subject to the order, may modify or vacate the order or extend it until a final determination is made. During the pendency of any hearing requested under this subsection, the cease and desist order shall remain in effect unless vacated or modified by the commissioner; provided that any penalty shall not take effect until the final order is issued.

(c) If a hearing is requested or ordered pursuant to subsection (b), a hearing shall be held pursuant to chapter 91. A final order may not be issued unless the commissioner makes findings of fact and conclusions of law in a record in accordance with chapter 91. The final order may make final, vacate, or modify the order issued under subsection (a).

(d) In a final order under subsection (c), the commissioner may impose a civil penalty of not more than $50,000 for each violation. The order may include rescission, restitution, or disgorgement directed to a person that has engaged in an act, practice, or course of business constituting a violation of this chapter or the predecessor act or a rule adopted or order issued under this chapter or the predecessor act.

(e) In a final order, the commissioner may charge the actual cost of an investigation or proceeding for a violation of this chapter or a rule adopted or order issued under this chapter.

(f) If a petition for judicial review of a final order is not filed in accordance with section 485A-609, the commissioner may file a certified copy of the final order with the clerk of a court of competent jurisdiction. The order so filed has the same effect as a judgment of the court and may be recorded, enforced, or satisfied in the same manner as a judgment of the court.

(g) If a person does not comply with an order under this section, the commissioner may petition a court of competent jurisdiction to enforce the order. If the court finds, after service and opportunity for hearing, that the person was not in compliance with the commissioner's order, the court may find the person in civil contempt of the order. The court may impose a further civil penalty against the person for contempt in an amount not to exceed $2,000 for each violation and may grant any other relief the court determines is just and proper in the circumstances. [L 2006, c 229, pt of §1]
Haw. Rev. Stat. § 481C-2.5 — HI Code / Division 2 / Title 26 / Chapter 481C / Section 481C-2.5
Unlicensed contracting.
Status: in_force

If the contract referred to in section 481C-1 is for activities subject to chapter 444 and the seller does not possess the license required by that chapter, the cancellation period to be provided in section 481C-2 shall be extended to thirty calendar days.
Haw. Rev. Stat. § 481M-2 — HI Code / Division 2 / Title 26 / Chapter 481M / Section 481M-2
Lease-purchase agreement defined.
Status: in_force

A lease-purchase agreement is an agreement for the use of personal property by a natural person primarily for personal, family, or household purposes, for an initial period of four months or less that:

(1) Is automatically renewable with each payment after the initial period;

(2) Does not obligate or require the lessee to continue leasing or using the property beyond the initial period; and

(3) Permits the lessee to become the owner of the property. [L 1997, c 248, pt of §1]
Haw. Rev. Stat. § 484-22 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-22
Short title.
Status: in_force

This chapter may be cited as the "Uniform Land Sales Practices Act".
Haw. Rev. Stat. § 482-26 — HI Code / Division 2 / Title 26 / Chapter 482 / Section 482-26
Assignment; change of name.
Status: in_force

(a) The registration of a mark shall be assignable with the goodwill of the business in which the mark is used, or with that part of the goodwill of the business connected with the use of and symbolized by the mark. An assignment shall be executed in writing and may be recorded by filing an application with the director and paying an appropriate recording fee. Upon recording of the assignment, the director shall issue a new certificate for the remainder of the term of the registration or of the last renewal thereof in the name of the new assignee. An assignment of a registration of a mark under this section shall be void against a subsequent purchaser for valuable consideration without notice, unless the assignment is recorded with the director within three months after the date thereof or prior to the subsequent purchase.

(b) Any registrant may change the name of the person to whom the mark is issued by filing an application to change the name of the registrant with the director and paying the appropriate fee. The director shall issue a new certificate of registration in the name of the registrant. [L 2001, c 15, pt of §1]
Haw. Rev. Stat. § 489P-1 — HI Code / Division 2 / Title 26 / Chapter 489P / Section 489P-1
Purpose.
Status: in_force

The Federal Trade Commission determined that between October 1998 and September 2003, more than twenty-seven million three hundred Americans were victims of identity theft, resulting in billions of dollars of losses to consumers. The purpose of this chapter is to protect Hawaii consumers by allowing consumers to place a security freeze on their credit reports. This security freeze will prohibit a consumer reporting agency from releasing any information to unauthorized parties without the consumer's express authorization and provide consumers more control over who has access to their credit report. This chapter aims to effectively prevent identity thieves from continuing to secure credit in someone else's name.
Haw. Rev. Stat. § 489D-9 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-9
License and registration; application.
Status: in_force

(a) The commissioner may enter into agreements or contracts with the operators of NMLS or other entities designated by NMLS to collect and maintain records and process transaction fees or other fees related to licensees or other persons subject to this chapter.

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

(c) In addition to other uses of NMLS, the commissioner may use NMLS as an agent for:

(1) Requesting information from and distributing information to the United States Department of Justice or any other governmental agency; and

(2) Requesting and distributing information to and from any source directed by the commissioner.

(d) An application for a license under this chapter shall be made in writing, and in a form prescribed by NMLS or by the commissioner. Each application shall contain the following:

(1) For all applicants:

(A) The exact name of the applicant, any fictitious or trade name used by the applicant in the conduct of its business, the applicant's principal address, and the location of the applicant's business records;

(B) The history of the applicant's material litigation and criminal convictions for the ten-year period before the date of the application;

(C) A description of the business activities conducted by the applicant and a history of operations;

(D) A description of the business activities in which the applicant seeks to engage within the State;

(E) A list identifying the applicant's proposed authorized delegates in the State, if any, at the time of the filing of the license application;

(F) A sample authorized delegate contract, if applicable;

(G) A sample form of payment instrument or instrument upon which stored value is recorded, if applicable;

(H) The locations where the applicant and its authorized delegates, if any, propose to conduct their licensed activities in the State;

(I) The name and address of the clearing bank or banks on which the applicant's payment instruments will be drawn or through which payment instruments will be payable;

(J) Disclosure of any pending or final suspension, revocation, or other enforcement action by any state or governmental authority for the five-year period before the date of the application;

(K) Information concerning any bankruptcy or receivership proceedings affecting the licensee, key individual, person in control of a licensee, or person seeking to acquire control of a licensee; and

(L) Any other information the commissioner may require;

(2) If the applicant is a corporation, the applicant shall also provide:

(A) The date of the applicant's incorporation and state of incorporation;

(B) A certificate of good standing from the state in which the applicant was incorporated;

(C) A description of the corporate structure of the applicant, including the identity of any parent or subsidiary company of the applicant, and the disclosure of whether any parent or subsidiary company is publicly traded on any stock exchange;

(D) The name, business and residence address, and employment history, for the past five years, of the applicant's principals, and each person who, upon approval of the application, will be a principal of the licensee;

(E) For the ten-year period before the date of the application, the history of material litigation involving, and criminal convictions of, each principal of the applicant;

(F) A copy of the applicant's most recent audited financial statement, including balance sheets, statements of income or loss, statements of changes in shareholder equity and statements of changes in financial position, and, if available, the applicant's audited financial statements for the preceding two-year period or, if the applicant is a wholly owned subsidiary of another corporation, either the parent corporation's consolidated audited financial statements for the current year and for the preceding two-year period, or the parent corporation's Form 10-K reports filed with the United States Securities and Exchange Commission for the prior three years in lieu of the applicant's financial statements, or if the applicant is a wholly owned subsidiary of a corporation having its principal place of business outside the United States, similar documentation filed with the parent corporation's non-United States regulator;

(G) Copies of all filings, if any, made by the applicant with the United States Securities and Exchange Commission, or with a similar regulator in a country other than the United States, within the year preceding the date of filing of the application; and

(H) Information necessary to conduct a criminal history record check to be conducted by or through NMLS or pursuant to section 846-2.7 of each person who, upon approval of the application, will be a principal of the licensee. The information shall be accompanied by the appropriate payment of the applicable fee for each criminal history record check; and

(3) If the applicant is not a corporation, the applicant shall also provide:

(A) The name, business and residence address, personal financial statement, and employment history, for the past five years, of each principal of the applicant;

(B) The name, business and residence address, and employment history, for the past five years, of any other persons who, upon approval of the application, will be a principal of the licensee;

(C) The place and date of the applicant's registration or qualification to do business in this State;

(D) The history of material litigation and criminal convictions for the ten-year period before the date of the application for each principal of the applicant;

(E) Copies of the applicant's audited financial statements, including balance sheets, statements of income or loss, and statements of changes in financial position for the current year and, if available, for the preceding two-year period; and

(F) Information necessary to conduct a criminal history record check to be conducted by or through NMLS or pursuant to section 846-2.7 of each principal of the applicant. The information shall be accompanied by the appropriate payment of the applicable fee for each criminal history record check.

(e) The commissioner, for good cause may:

(1) Waive any requirement of this section relating to any license application; or

(2) Permit an applicant to submit substituted information in its license application in lieu of the information required by this section. [L 2006, c 153, pt of §1; am L 2008, c 195, §5; am L 2013, c 167, §4; am L 2017, c 45, §3; am L 2021, c 108, §5; am L 2022, c 59, §1]
Haw. Rev. Stat. § 482E-1 — HI Code / Division 2 / Title 26 / Chapter 482E / Section 482E-1
Purpose and intent.
Status: in_force

(a) The purpose of this chapter is to regulate the sale of franchises in the State to minimize losses to the franchisee in cases where the franchisor or the franchisor's representative has not provided full and complete information regarding:

(1) The franchisor-franchisee relationship;

(2) The details of the contract between the franchisor and franchisee; and

(3) The prior business experience of the franchisor.

(b) It is the intent of the legislature to:

(1) Provide each prospective franchisee with the information necessary to make an intelligent decision regarding franchises being offered;

(2) Prohibit the sale of franchises that would lead to fraud or a likelihood that the franchisor's promises would not be fulfilled; and

(3) Protect the franchisor or subfranchisor by providing a better understanding of the relationship between the franchisor or subfranchisor and the franchisee with regard to their business relationship. [L 1974, c 18, pt of §1; gen ch 1985; am L 2008, c 19, §46]
Haw. Rev. Stat. § 481G-4 — HI Code / Division 2 / Title 26 / Chapter 481G / Section 481G-4
Wrongful or illegal termination; unreasonable nonrenewal; damages; defenses.
Status: in_force

(a) Except as provided in section 481G-5, a distributor shall be liable to a dealer who sells the products of the distributor under a dealership from the distributor for damages and such equitable relief as the court deems proper resulting from the wrongful or illegal termination or cancellation of the dealership during its term or the distributor's unreasonable refusal to renew the dealership.

(b) A dealer suffering damages as a result of the termination or cancellation of, or failure to renew, the dealership may bring an action under this section against the distributor who wrongfully or illegally terminated, canceled, or unreasonably refused to renew the dealership in the court of general jurisdiction of the dealer's principal place of business. The action may be brought without regard to the amount in controversy. If the dealer prevails in the action, the dealer may recover actual damages sustained, the costs of the suit, including reasonable attorney's fees, and such equitable relief as the court deems proper.

The court may also grant such temporary relief as it may deem necessary and proper.

(c) It shall be a defense to any action brought under this section that the dealership was terminated, canceled, or not renewed because:

(1) The dealer failed to comply substantially with essential and reasonable requirements of the dealership;

(2) The dealer failed to act in good faith in carrying out the terms and provisions of the dealership; or

(3) Of any of the reasons enumerated in section 481G-5; or

(4) Of other legitimate business reasons; provided that a termination, cancellation, or failure to renew a dealership for the purpose of enabling the distributor to assume operation of the dealer's business shall not be considered to be a legitimate business reason unless the dealer is paid reasonable compensation for the value of the dealership, including good will.

(d) No action may be brought under this section for a cause of action which arose more than two years prior to the date on which the action is brought. [L 1983, c 285, pt of §1]
Haw. Rev. Stat. § 489D-22.5 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-22.5
Voluntary surrender of license.
Status: in_force

(a) A licensee may voluntarily cease business and surrender its license by giving written notice to the commissioner of its intent to surrender its license. Prior to the surrender date of a license, the licensee shall have either completed all pending money transmissions or assigned each to another licensee.

(b) Notice pursuant to this section shall be provided at least thirty days before the surrender of the license and shall include:

(1) The date of surrender;

(2) The name, address, telephone number, facsimile number, and electronic address of a contact individual with knowledge and authority sufficient to communicate with the commissioner regarding all matters relating to the licensee during the period that it was licensed pursuant to this chapter;

(3) The reason or reasons for surrender;

(4) Total dollar amount of the licensee's outstanding money transmission obligations sold in Hawaii and the individual amounts of each outstanding money transmission obligation, and the name, address, and contact phone number of the licensee to which each outstanding money transmission obligation was assigned;

(5) A list of the licensee's Hawaii authorized delegates, if any, as of the date of surrender; and

(6) Confirmation that the licensee has notified each of its Hawaii authorized delegates, if any, that they may no longer conduct money transmissions on the licensee's behalf.

Voluntary surrender of a license shall be effective upon the date of surrender specified on the written notice to the commissioner as required by this section; provided that the licensee has met all the requirements of voluntary surrender and has returned the original license issued. [L 2013, c 167, pt of §1; am L 2017, c 45, §8; am L 2023, c 183, §6]
Haw. Rev. Stat. § 484-3 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-3
Exemptions.
Status: in_force

(a) Unless the method of disposition is adopted for the purpose of evasion of this chapter, or unless the subdivider files in writing with the director that this chapter shall apply to the subdivider's subdivision, this chapter shall not apply to offers or dispositions of an interest in land:

(1) By a purchaser of subdivided lands for the purchaser's own account in a single or isolated transaction;

(2) If fewer than twenty separate lots, parcels, units, or interests in subdivided lands are offered by a person in a period of twelve months;

(3) Where the division of lands is a leasehold agricultural lot within state agricultural districts on which no dwelling structures are constructed as provided in section 205-4.5(f);

(4) On which there is a residential, commercial, or industrial building, or as to which there is a legal obligation on the part of the seller to construct a building on the land within two years from the date of disposition; provided that the obligation to construct shall not be, directly or indirectly, transferred to or otherwise imposed upon the purchaser;

(5) To persons who are engaged in, and are duly licensed to engage in, the business of construction of buildings for resale, or to persons who acquire an interest in subdivided lands for the purpose of engaging, and do engage in, and are duly licensed to engage in, the business of construction of buildings for resale;

(6) Pursuant to court order;

(7) By any government or government agency;

(8) As cemetery lots or interests;

(9) Registered as a condominium property regime pursuant to chapter 514B or any predecessor thereto; or

(10) Registered as a time share plan pursuant to chapter 514E.

(b) Unless the method of disposition is adopted for the purpose of evasion of this chapter, or unless the subdivider files in writing with the director that this chapter shall apply to the subdivider's subdivision, this chapter does not apply to:

(1) Offers or dispositions of evidence of indebtedness secured by a mortgage or deed of trust of real estate;

(2) Offers or dispositions of securities or units of interest issued by a real estate investment trust regulated under any state or federal statute;

(3) A subdivision as to which the plan of disposition is to dispose to ten or fewer persons;

(4) Offers or dispositions of securities currently registered with the commissioner of securities of this State;

(5) Offers or dispositions of any interest in oil, gas, or other minerals or any royalty interest therein if the offers or dispositions of the interests are regulated as securities by the United States or by the commissioner of securities of this State; and

(6) Subdivisions of less than twenty lots, parcels, units, or interests, if the lots, parcels, units, or interests are all located in jurisdictions requiring the developer prior to sale to provide or post bond for road access, sewage disposal, water, and other public utilities, if the requirements have been complied with. [L 1967, c 223, §3; HRS §484-3; am L 1979, c 105, §46; am L 1983, c 175, §2; gen ch 1985; am L 1988, c 65, §2; am L 1992, c 132, §2; am L 1993, c 111, §1; am L 2004, c 164, §16; am L 2005, c 93, §7; am L 2006, c 271, §2 and c 273, §1; am L 2008, c 14, §1, c 19, §51, and c 28, §11; am L 2017, c 181, §20]
Haw. Rev. Stat. § 478-5 — HI Code / Division 2 / Title 26 / Chapter 478 / Section 478-5
[OLD] REPEALED.
Status: in_force

L 1986, c 137, pt of §1.

§478-5 Usury not recoverable. If a greater rate of interest than that permitted by law is contracted for with respect to any consumer credit transaction, any home business loan or any credit card agreement, the contract shall not, by reason thereof, be void. But if in any action on the contract proof is made that a greater rate of interest than that permitted by law has been directly or indirectly contracted for, the creditor shall only recover the principal and the debtor shall recover costs. If interest has been paid, judgment shall be for the principal less the amount of interest paid. This section shall not be held to apply to:

(1) Loans made by financial services loan companies and credit unions at the rates authorized under and pursuant to articles 9 and 10 of chapter 412; or

(2) Any installment loan regulated under chapter 480J. [CC 1859, §1483; am L 1898, c 4, §4; RL 1925, §3588; am L 1931, c 137, §1; RL 1935, §7053; am L 1939, c 75, pt of §1(6782 W); RL 1945, §8734; RL 1955, §191-4; am L 1957, c 95, §1; HRS §478-4; am L 1984, c 253, §10; ren and am L 1986, c 137, pt of §1; am L 1989, c 266, §3; am L 1993, c 350, §26; am L 2021, c 56, §4]
Haw. Rev. Stat. § 481-9 — HI Code / Division 2 / Title 26 / Chapter 481 / Section 481-9
Illegal contracts.
Status: in_force

Any contract, express or implied, made by any person, firm, or corporation in violation of any of the provisions of sections 481-1 to 481-7 is declared to be an illegal contract and no recovery thereon shall be had.
Haw. Rev. Stat. § 489D-27 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-27
Consent orders.
Status: in_force

The commissioner may enter into a consent order at any time with a person to resolve a matter arising under this chapter. A consent order shall be signed by the person to whom the order is issued or by the person's authorized representative, and shall indicate agreement with the terms contained in the order. A consent order may provide that it does not constitute an admission by a person that this chapter or a rule adopted or an order issued under this chapter has been violated.
Haw. Rev. Stat. § 482-36 — HI Code / Division 2 / Title 26 / Chapter 482 / Section 482-36
Fees.
Status: in_force

The application fee to register a mark shall be $50 for each class of goods or services. A special handling fee of $20 for expediting the registration of a mark shall be assessed by the director for each class of goods or services. All special handling fees shall be credited to the compliance resolution fund established under section 26-9(o). Unless otherwise specified by the director, these fees shall not be refundable.
Haw. Rev. Stat. § 486H-4 — HI Code / Division 2 / Title 26 / Chapter 486H / Section 486H-4
Wrongful termination, cancellation, or nonrenewal; exception to actions.
Status: in_force

No action may be brought under section 486H-2 in connection with the termination, cancellation, or nonrenewal of a franchise if the franchise agreement provides for the binding arbitration of disputes arising under the agreement, including disputes related to the termination, cancellation, or nonrenewal of the franchise, in accordance with chapter 658A and the rules of the American Arbitration Association.
Haw. Rev. Stat. § 486-120.6 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-120.6
Hawaii-grown and Hawaii-processed coffee; labeling or advertising requirements.
Status: in_force

(a) In addition to all other labeling requirements, the identity statement used for labeling or advertising roasted coffee, instant coffee, or ready-to-drink coffee beverages produced in whole or in part from Hawaii-grown and Hawaii-processed green coffee beans shall meet the following requirements:

(1) For roasted coffee, instant coffee, or ready-to-drink coffee beverages that contain one hundred per cent Hawaii-grown and Hawaii-processed coffee by weight, the identity statement shall consist of either:

(A) The geographic origin of the Hawaii-grown and Hawaii-processed coffee, in coffee consisting of beans from only one geographic origin, followed by the word "Coffee"; provided that the geographic origin may be immediately preceded by the term "100%"; or

(B) The per cent coffee by weight of one of the Hawaii-grown and Hawaii-processed coffees, used in coffee consisting of beans from several geographic origins, followed by the geographic origin of the weight-specified coffee and the terms "Coffee" and "All Hawaiian";

(2) For roasted coffee, instant coffee, or ready-to-drink coffee beverages consisting of a blend of one or more Hawaii-grown and Hawaii-processed coffees and coffee not grown or processed in Hawaii, the per cent coffee by weight of one of the Hawaii-grown and Hawaii-processed coffees used in the blend, followed by the geographic origin of the weight-specified coffee and the term "Coffee Blend"; and

(3) Each word or character in the identity statement shall be of the same type size and shall be contiguous. The smallest letter or character of the identity statement on packages of sixteen ounces or less net weight shall be at least one and one-half times the type size required under federal law for the statement of net weight or three-sixteenths of an inch in height, whichever is smaller. The smallest letter or character of the identity statement on packages of greater than sixteen ounces net weight shall be at least one and one-half times the type size required under federal law for the statement of net weight. The identity statement shall be conspicuously displayed without any intervening material in a position above the statement of net weight. Upper and lower case letters may be used interchangeably in the identity statement.

(b) A listing of the geographic origins of the various Hawaii-grown and Hawaii-processed coffees and the regional origins of the various coffees not grown or processed in Hawaii that are included in a blend shall be shown on the label. This list shall consist of the term "Contains:", followed by, in descending order of per cent coffee by weight and separated by commas, the respective geographic origin or regional origin of the various coffees in the blend. Each geographic origin or regional origin shall be preceded by the per cent coffee by weight represented by that geographic origin or regional origin, expressed as a number followed by the per cent sign. In place of separate listings of regional origins of coffee not grown or processed in Hawaii in the blend, the list may include the words "Foreign-grown Coffee", preceded by the per cent coffee by weight in the blend. The type size used for this list shall be no less than half that of the identity statement. This list shall appear below the identity statement on the front panel of the label.

(c) The requirements of subsections (a) and (b) shall apply to the labeling of any inner package or inner wrapping of the roasted coffee, instant coffee, or ready-to-drink coffee beverages that includes any geographic origin of Hawaii-grown and Hawaii-processed coffee, regardless of whether the inner package or inner wrapping is intended to be individually sold.

(d) It shall be a violation of this section to:

(1) Use the identity statement specified in subsection (a)(1)(A) or similar terms in labeling or advertising unless the package of roasted coffee, instant coffee, or ready-to-drink coffee beverage contains one hundred per cent coffee by weight from that one geographic origin;

(2) Use a geographic origin in labeling or advertising, including in conjunction with a coffee style or in any other manner, if the roasted coffee, instant coffee, or ready-to-drink coffee beverage contains less than:

(A) Until June 30, 2027, ten per cent coffee by weight from that geographic origin; and

(B) On or after July 1, 2027, fifty-one per cent coffee by weight from that geographic origin;

(3) Use a geographic origin in labeling or advertising roasted coffee, instant coffee, or ready-to-drink coffee beverages, including advertising in conjunction with a coffee style or in any other manner, without disclosing the per cent coffee by weight used from that geographic origin as described in subsection (a)(1)(B) and (a)(2);

(4) Use a geographic origin in labeling or advertising roasted coffee, instant coffee, or ready-to-drink coffee beverages, including in conjunction with a coffee style or in any other manner, if the green coffee beans used in that roasted coffee, instant coffee, or ready-to-drink coffee beverage do not meet the grade standard requirements of rules adopted under chapter 147;

(5) Misrepresent, on a label or in advertising of a roasted coffee, instant coffee, or ready-to-drink coffee beverage, the per cent coffee by weight of any coffee from a geographic origin or regional origin;

(6) Use the term "All Hawaiian" on a label or in advertising of a roasted coffee, instant coffee, or ready-to-drink coffee beverage if that roasted coffee, instant coffee, or ready-to-drink coffee beverage is not produced entirely from green coffee beans grown and processed in Hawaii;

(7) Use a geographic origin on the front label panel of a package of roasted coffee, instant coffee, or ready-to-drink coffee beverage other than in the trademark or in the identity statement as authorized in subsection (a)(1) and (2) unless the roasted coffee, instant coffee, or ready-to-drink coffee beverage contains one hundred per cent coffee by weight from that geographic origin;

(8) Use more than one trademark on a package of roasted coffee, instant coffee, or ready-to-drink coffee beverage unless the roasted coffee, instant coffee, or ready-to-drink coffee beverage contains one hundred per cent coffee by weight from that geographic origin specified by the trademark;

(9) Use a trademark that begins with the name of a geographic origin on a package of roasted coffee, instant coffee, or ready-to-drink coffee beverage unless the roasted coffee, instant coffee, or ready-to-drink coffee beverage contains one hundred per cent coffee by weight from that geographic origin or the trademark ends with words that indicate a business entity; or

(10) Print the identity statement required by subsection (a) in a smaller font than that used for a trademark that includes the name of a geographic origin pursuant to paragraph (7) and in a location other than the front label panel of a package of roasted coffee, instant coffee, or ready-to-drink coffee beverage.

(e) Retailers that do not package roasted coffee, instant coffee, or ready-to-drink coffee beverages shall not be liable for the sale of roasted coffee, instant coffee, or ready-to-drink coffee beverages that use a label or advertisement in violation of this section.

(f) Roasters, manufacturers, or other persons who package roasted coffee, instant coffee, or ready-to-drink coffee beverages covered by this section shall maintain, for a period of two years, records on the volume and geographic origin or regional origin of coffees purchased, sold, and used and any other records required by the department for the purpose of enforcing this section. Authorized employees of the department shall have access to these records during normal business hours.

(g) As used in this section:

"Geographic origin" means the geographic regions in which Hawaii-grown green coffee beans are produced, as defined in rules adopted under chapter 147; provided that the term "Hawaiian" may be substituted for the geographic origin "Hawaii".

"Per cent coffee by weight" means the percentage calculated by dividing the weight in pounds of roasted green coffee beans of one geographic or regional origin used in a production run of roasted coffee, instant coffee, or ready-to-drink coffee beverages by the total weight in pounds of the roasted green coffee beans used in that production run of roasted coffee, instant coffee, or ready-to-drink coffee beverages, and multiplying the quotient by one hundred.

"Ready-to-drink coffee beverage" means a prepackaged beverage that consists of or includes coffee and is sold in a prepared form that can be immediately consumed upon purchase. "Ready-to-drink coffee beverage" does not include made-to-order beverages. [L 1991, c 289, §2; am L 1995, c 103, §1; am L 2002, c 258, §1; am L 2011, c 49, §2; am L 2023, c 211, §2; am L 2024, c 198, §2]
Haw. Rev. Stat. § 482E-12 — HI Code / Division 2 / Title 26 / Chapter 482E / Section 482E-12
Administration.
Status: in_force

(a) Chapter 91 shall wherever applicable govern the rights, remedies, and procedures respecting the administration of this chapter.

(b) The director shall appoint, subject to applicable civil service laws, a competent person to administer this chapter. The director shall delegate to the administrator such powers, subject to the authority of the director, as may be necessary to carry out the provisions of this chapter. [L 1974, c 18, pt of §1]
Haw. Rev. Stat. § 481R-12 — HI Code / Division 2 / Title 26 / Chapter 481R / Section 481R-12
Prohibited acts.
Status: in_force

(a) A warrantor or a warrantor's representative, in the warrantor's vehicle protection product warranty or in an advertisement or literature for the warranty, may not:

(1) Make, permit, or cause to be made any false or misleading statement; or

(2) Deliberately omit a material statement that would be considered misleading if omitted.

(b) A warrantor may not require, as a condition of sale or financing, that a retail purchaser of a motor vehicle purchase a vehicle protection product that is not installed on the motor vehicle at the time of sale. [L 2002, c 237, pt of §1]
Haw. Rev. Stat. § 487A-1 — HI Code / Division 2 / Title 26 / Chapter 487A / Section 487A-1
Plain language in consumer transactions.
Status: in_force

(a) Every written agreement entered into on or after July 1, 1981:

(1) To which a consumer is a party, which involves less than $25,000, and which is the subject of a transaction for personal, family, or household purpose; or

(2) Which is a lease of space to be occupied for residential purposes for a term not exceeding five years;

shall be written in a clear and coherent manner using words with common and everyday meanings, and appropriately divided and captioned by its various sections.

(b) Any creditor, seller, or lessor who fails to comply with this chapter shall be liable in an amount equal to any actual damages sustained by a suing party or a class in a class action, plus a penalty of $50. The total class action penalty against any creditor, seller, or lessor shall not exceed $10,000 in any class action or series of class actions arising out of the use by a creditor, seller, or lessor of an agreement which fails to comply with this chapter. No right of recovery shall exist for any class by way of a class action, pursuant to this section, on any written agreement executed prior to July 1, 1986.

(c) No action under this chapter may be brought after both parties to the agreement have fully performed their obligations under such agreement, nor shall any creditor, seller, or lessor who attempts in good faith to comply with this chapter be liable for such penalties.

(d) The provisions of this chapter shall not apply:

(1) To wills or trusts other than land trusts created under the Land Trust Act, chapter 558;

(2) To any document, which is not itself a written agreement subject to this chapter, by virtue of the document being referred to or incorporated within a written agreement which is subject to this chapter, provided that the document has an independent purpose of its own;

(3) To a legal description of real property; or

(4) To words or phrases or form of agreement required, authorized, or approved by state or federal law, rule, regulation, governmental agency, or instrumentality.

(e) A written agreement involves less than $25,000 if it provides for:

(1) The sale of property in which the full sales price including any debt assumed is less than $25,000;

(2) Services and the total payments are less than $25,000 over the term of the agreement, or if no term is specified, within one year from the date of the agreement;

(3) A loan or advance of credit which is of a principal amount less than $25,000;

(4) A lease for which the total rent to be paid during the term of the lease, not including any option or extension periods, is less than $25,000. In computing the total rent to be paid, the highest amount of fixed rent shall be assumed to apply during any period in the term for which the rent is not fixed; or

(5) Any two or more of the above transactions and the total amount of the price, payments, principal, and rent provided for in the agreement is less than $25,000. [L 1980, c 36, pt of §1; am L 1982, c 187, §1]

Revision Note

In subsection (e)(2), "or" substituted for "of".
Haw. Rev. Stat. § 480-24 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-24
Limitation of actions.
Status: in_force

Any action to enforce a cause of action arising under this chapter shall be barred unless commenced within four years after the cause of action accrues, except as otherwise provided in section 480-22. For the purpose of this section, a cause of action for a continuing violation is deemed to accrue at any time during the period of the violation.
Haw. Rev. Stat. § 484-13 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-13
Revocation.
Status: in_force

(a) A registration may be revoked by the director after notice and hearing upon a written finding of fact that the subdivider has:

(1) Failed to comply with the terms of a cease and desist order;

(2) Been convicted in any court subsequent to the filing of the application for registration for a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions;

(3) Disposed of, concealed, or diverted any funds or assets of any person so as to defeat the rights of subdivision purchasers;

(4) Failed faithfully to perform any stipulation or agreement made with the director as an inducement to grant any registration, to reinstate any registration, or to approve any promotional plan or public offering statement;

(5) Made intentional misrepresentations or concealed material facts in an application for registration or in the public offering statement.

Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.

(b) If the director finds after notice and hearing that the subdivider has been guilty of a violation for which revocation could be ordered, the director may issue a cease and desist order instead. [L 1967, c 223, §13; HRS §484-13; am L 1983, c 175, §10; am L 1992, c 132, §15]
Haw. Rev. Stat. § 481M-8 — HI Code / Division 2 / Title 26 / Chapter 481M / Section 481M-8
Assignee liability and notice of assignment.
Status: in_force

(a) With respect to a lease-purchase agreement, an assignee of the rights of the lessor is subject to all claims and defenses of the lessee against the lessor arising from the lease of property or services, notwithstanding that the assignee is the holder in due course of a negotiable instrument issued in violation of the provisions prohibiting certain negotiable instruments.

(b) A claim or defense of a lessee specified in subsection (a) may be asserted against the assignee under this section only to the extent of the amount owing and paid to the assignee and assignor.

(c) An agreement may not limit or waive the claims or defenses of a lessee under this section.

(d) The lessee is authorized to pay the original lessor until the lessee receives written notification that the rights to payment pursuant to a lease-purchase agreement have been assigned to an assignee and that payment is to be made to the assignee. A notification that does not reasonably identify the rights assigned shall be ineffective. If requested by the lessee, the assignee shall furnish reasonable proof that the assignment has been made, and unless the assignee does so, the lessee may pay the lessor. [L 1997, c 248, pt of §1]
Haw. Rev. Stat. § 476-1 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-1
Definitions.
Status: in_force

In this chapter, unless the context or subject matter otherwise requires:

"Annual percentage rate" means the annual percentage rate of finance charge determined in accordance with the federal Truth in Lending Act.

"Cash price" means the price at which the seller, in the ordinary course of business, offers to sell for cash the goods or services that are the subject of the credit sale. At the seller's option, the term may include the price of accessories, services related to the sale, service contracts, general excise and other taxes, and taxes and fees for license, title, and registration. The term does not include any finance charge.

"Closed-end credit" means a credit sale that is not "open-end credit".

"Credit buyer" means any person who buys goods, services, or both, from a credit seller in a credit sale and who executes a credit sale contract in connection therewith.

"Credit sale" or "sale" includes any sale of goods, services, or both, by a credit seller pursuant to a credit sale contract other than:

(1) Any sale for the purpose of resale; or

(2) Any sale:

(A) Primarily for a business, commercial, or agricultural purpose; or

(B) To other than a natural person, including a sale to government agencies or instrumentalities; or

(C) Not secured by real property, or by personal property used or expected to be used as the principal dwelling of the consumer, in which the principal balance, less any prepaid finance charge, exceeds $25,000 or in which there is an express written commitment to extend credit in excess of $25,000;

unless the credit seller elects that the sale be a credit sale subject to this chapter, such election being conclusively presumed from the compliance of the contract with section 476-3(c) and (d); or

(3) Any sale involving public utility services provided through pipe, wire, other connected facilities, or radio or similar transmission (including extensions of such facilities), if the charges for service, delayed payment, or any discounts for prompt payment are filed with or regulated by any government unit, except the sale of durable goods or home improvements by a public utility; or

(4) Any sale in a securities or commodities account in which credit is extended by a broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission.

"Credit sale contract" or "contract" means any agreement, including a conditional sale contract, a retail installment contract, or any other form of instrument evidencing an obligation to pay the price of goods, services, or both, purchased in a credit sale, either:

(1) By payment thereof over a period of time subject to a finance charge; or

(2) Pursuant to a written agreement, subject to payment in more than four installments not including a down payment,

whether or not the contract contains a title retention provision. "Credit sale contract" includes any contract for the bailment or leasing of goods (unless terminable without penalty at any time by the bailee or lessee) by which the bailee or lessee contracts to pay as compensation a sum substantially equivalent to or in excess of the value of the goods and services involved and by which it is agreed that the bailee or lessee is bound to become, or has the option of becoming, for no additional consideration or for nominal consideration, the owner of the goods upon full compliance with the terms of the contract.

"Credit seller" or "seller" means a person:

(1) Who regularly sells goods, services, or both, to credit buyers, and

(2) To whom the obligation is initially payable on the face of the contract.

"Federal Truth in Lending Act" means the federal Truth in Lending Act (15 U.S.C. 1601, et seq.), Regulation Z of the Board of Governors of the Federal Reserve System, and the Official Staff Commentary to Regulation Z prepared by the staff of the Federal Reserve Board, and amendments of the Act, Regulation Z, and such Commentary.

"Finance charge" means the amount, however denominated or expressed, which the credit buyer contracts to pay or pays for the privilege of purchasing goods, services, or both, to be paid for over a period of time under the terms of the credit sale contract. It includes any charge payable, directly or indirectly, by the buyer and imposed, directly or indirectly, by the seller as an incident to or a condition of the buyer's privilege of paying over a period of time. It does not include any charge of a type payable in a comparable cash transaction. The types of charges included in and excluded from the finance charge shall be the same as provided by the federal Truth in Lending Act.

"Goods" includes all things which are movable at the time the credit sale is entered into or which will be movable when they thereafter come into existence or which are or will be fixtures (sections 490:9-334 and 490:9-604). Except as provided in this paragraph, "goods" does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like (including oil and gas) before extraction. "Goods" includes standing timber which is to be cut and removed under a conveyance or contract for sale, the unborn young of animals, growing crops, and merchandise certificates or coupons, issued by a credit seller, to be used in the face amount in lieu of cash in exchange for goods sold by such a seller.

"Open-end credit" means one or more credit sales made by a credit seller under a plan in which:

(1) The credit seller reasonably contemplates repeated transactions;

(2) The credit seller may impose a finance charge from time to time on an outstanding unpaid balance; and

(3) The amount of the price of the goods, services, or both, that the credit buyer may defer from time to time during the term of the plan (up to any limit set by the credit seller) is generally made available to the extent that any outstanding balance is repaid.

"Person" means a natural person or an organization, including a partnership, corporation, association, proprietorship, cooperative, estate trust, government unit, or other group however organized.

"Prepaid finance charge" means any finance charge paid separately in cash or by check before or at the time that a buyer becomes contractually obligated on a credit sale, or withheld from the proceeds of the credit sale at any time, except any finance charge that is stated as a dollar amount and is added on or deducted in advance in the manner described in section 476-28(1).

"Principal balance" means the sum of the cash price less the amount of the buyer's down payment, plus any other amounts, including any amounts actually to be paid by the seller pursuant to an agreement with the buyer to discharge a security interest, lien, or lease interest on property traded in, that are financed by the seller and are not part of the finance charge.

"Services" include:

(1) Work, labor, and other personal services of any kind whether or not furnished in connection with the delivery, installation, servicing, repair, or improvements of goods, and includes repairs, alterations, or improvements upon or in connection with real property;

(2) Privileges, with respect to transportation, hotel and restaurant accommodations, education, entertainment, recreation, physical culture, hospital accommodations, funerals, cemetery accommodations, and the like; and

(3) Fees, costs, fines, bails, or other charges assessed, accepted, or collected by a court of law.

"Total of payments" means the sum of the principal balance and the finance charge.

"Total sale price" means the sum of the cash price, any other amounts that are financed by the seller and are not part of the finance charge, and the finance charge. [L 1961, c 102, pt of §1; am L 1963, c 68, §§1, 3; Supp, §201A-1; am L 1967, c 43, §1 and c 285, §1; HRS §476-1; am L 1970, c 56, §1; am L 1976, c 32, §1; am L 1980, c 50, §2; am L 1984, c 86, pt of §1; am L 2000, c 241, §4; am L 2006, c 10, §1; am L 2008, c 19, §1]

Revision Note

In definition of prepaid finance charge, "476-28(1)" substituted for "476-27(1)".
Haw. Rev. Stat. § 485A-105 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-105
Electronic records and signatures.
Status: in_force

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, but does not modify, limit, or supersede section 101(c) of that Act (15 U.S.C. 7001(c)) or authorize electronic delivery of any of the notices described in section 103(b) of that Act (15 U.S.C. 7003(b)). This chapter authorizes the filing of records and signatures, when specified by provisions of this chapter or by a rule adopted or order issued under this chapter, in a manner consistent with section 104(a) of that Act (15 U.S.C. 7004(a)).
Haw. Rev. Stat. § 481M-11 — HI Code / Division 2 / Title 26 / Chapter 481M / Section 481M-11
Unconscionability.
Status: in_force

(a) With respect to a lease-purchase transaction, if the court as a matter of law finds the transaction, agreement, or any clause of the agreement to have been unconscionable at the time it was made, the court may:

(1) Refuse to enforce the agreement;

(2) Enforce the remainder of the agreement without the unconscionable clause; or

(3) Limit the application of any unconscionable clause to avoid any unconscionable result.

(b) If it is claimed or appears to the court that the transaction, agreement, or clause may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making a determination related to unconscionability.

(c) If, in an action in which unconscionability is claimed, the court finds unconscionability pursuant to this section, the court may award the costs of the action and reasonable attorney fees to the lessee. If the court does not find unconscionability and does find that the lessee claiming unconscionability brought or maintained an action that the lessee knew to be groundless, the court may award the costs of the action and reasonable attorney fees to the party against whom the claim was made. In determining attorney fees, the amount of recovery claimed on behalf of the lessee shall not be controlling.

(d) The remedies of this section shall be in addition to remedies otherwise available for the same conduct authorized under law other than in this chapter, but double recovery of actual damages shall be prohibited.

(e) For the purpose of this section, a charge or practice expressly permitted by this chapter shall not be unconscionable. [L 1997, c 248, pt of §1]
Haw. Rev. Stat. § 476-6 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-6
Deferred payments, interest, etc.
Status: in_force

Any payment on account of the principal balance of a contract which is due on a particular date may be extended or deferred to a later date by mutual agreement, and, upon the amount of the principal balance payment so extended or deferred, a finance charge not exceeding that permitted by section 476-28 upon an original contract in the amount of the principal balance payment, for the actual period of the extension or deferment, may be charged and may be collected in advance at the commencement of the period of extension or deferment or thereafter; provided that the term and conditions of the extension or deferment, including the amount of the principal balance so extended or deferred, and the period of, and the charge for the extension or deferment, shall be set forth in writing and signed in duplicate by the buyer and the seller or holder of the contract, one copy of the same to be given to the buyer and the other copy to be inserted in or attached to the seller's or holder's counterpart of this contract.
Haw. Rev. Stat. § 485A-505 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-505
Misleading filings.
Status: in_force

It shall be unlawful for a person to make or cause to be made, in a record that is used in an action or proceeding or filed under this chapter, a statement that, at the time and in light of the circumstances under which it is made, is false or misleading in a material respect, or, in connection with the statement, to fail to state a material fact necessary to make the statement made, in light of the circumstances under which it was made, not false or misleading.
Haw. Rev. Stat. § 481H-1 — HI Code / Division 2 / Title 26 / Chapter 481H / Section 481H-1
Short title.
Status: in_force

This chapter shall be known and may be cited as the Hawaii Water Treatment Units Act.
Haw. Rev. Stat. § 486K-6 — HI Code / Division 2 / Title 26 / Chapter 486K / Section 486K-6
Hotelkeeper's liability in case of fire, etc.
Status: in_force

A hotelkeeper shall only be liable to any guest of the hotel for ordinary and reasonable care in the custody of money, jewels, bank notes, precious stones, transportation tickets, negotiable or valuable papers, ornaments, baggage, wearing apparel, or other chattels or property belonging to any guest, whether specially entrusted to the keeper or the keeper's agent, or deposited in the safe of the hotel, for any loss occasioned by fire or by any other cause or force over which the hotelkeeper had no control.
Haw. Rev. Stat. § 485A-603.5 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-603.5
Additional civil penalties for securities violations committed against elders.
Status: in_force

If a person commits a violation under this chapter and the violation is directed toward, targets, or is committed against a person who at the time of the violation is sixty-two years of age or older, a court, in addition to any other civil penalty, may impose a civil penalty not to exceed $50,000 for each violation; provided that this section shall not apply to registered broker-dealers for violations of [section] 485A-412(d)(9).
Haw. Rev. Stat. § 476-27 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-27
Fraudulent injury, concealment, removal, or sale; penalty.
Status: in_force

When, in violation of the terms of the contract the buyer, maliciously or with intent to defraud, injures, destroys, or conceals the goods, or, without the consent of the seller, maliciously or with intent to defraud, removes the goods from the island in which the goods were first kept for use by the buyer after the sale, or to which with the consent of the seller the goods have been removed, or sells, mortgages, or otherwise disposes of the goods under claim of full ownership, the buyer shall be fined not more than $500 or imprisoned not more than one year, or both.
Haw. Rev. Stat. § 486K-7 — HI Code / Division 2 / Title 26 / Chapter 486K / Section 486K-7
Posting copy of law; damages recoverable by guests.
Status: in_force

The keeper of every hotel shall post in a conspicuous place in the office or public room and in every bedroom of the hotel a printed copy of sections 486K-1 to 486K-8 and a statement of charge or rate of charges by the day for lodging. No charge or sum shall be collected or received by any keeper for any service not actually rendered, or for any item not actually delivered or contracted for, or for any greater or other sum than the keeper is entitled to by the general rules and regulations of the hotel. For any intentional violation of this or any provision herein contained, the offender shall forfeit to the injured party three times the amount of the sum charged in excess of what the offender is entitled to.
Haw. Rev. Stat. § 482-4 — HI Code / Division 2 / Title 26 / Chapter 482 / Section 482-4
Certain trade names not to be adopted or used.
Status: reserved

(a) It shall be unlawful for any person to adopt or use a trade name or entity name that infringes on any person's ownership rights to any registered trade name, mark, or the name of any entity registered or authorized to transact business in accordance with the laws of this State, or a name the exclusive right to which is, at the time, reserved in this State. In addition to the revocation of a trade name registration or administrative order of abatement provisions in sections 482-8 and 482-8.5, respectively, any person whose ownership rights to a trade name, mark, or entity name are infringed upon by the adoption or use of a confusingly similar trade name or entity name may seek injunctive relief in a court of competent jurisdiction or the imposition of a fine that shall not exceed $2,000, or both.

(b) When a bona fide labor union, or association of employees has adopted a device in the form of a label, brand, mark, name, or other character for the purpose of designating the products of the members of the union or association and the device has been registered pursuant to sections 482-2 and 482-3, then it shall be unlawful for any person to adopt, print, distribute, or otherwise use the device or one so similar as to be confused therewith. Any person, except the director, found to be in violation of this subsection may, in addition to any other penalty assessed or otherwise imposed by law, be required to pay all costs and attorney's fees incurred in seeking enforcement of this subsection, and may be ordered by the court to pay damages to the bona fide labor union or association of employees involved in such amount as may be determined by the court; provided that the damages ordered shall not be less than $250 nor more than $5,000. [L 1925, c 174, pt of §1; am L 1931, c 18, §1; RL 1935, §7453; RL 1945, §9288; am L 1951, c 135, §1; RL 1955, §204-4; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; HRS §482-4; am L 1971, c 164, §1; am L 1979, c 102, §1; am L 1980, c 26, §5; am L 1982, c 204, §8; am L 1983, c 124, §17 and c 167, §16; am L 1984, c 118, §8; am L 1985, c 270, §4; am L 1996, c 92, §17; am L 1999, c 249, §34; am L 2000, c 219, §83; am L 2001, c 15, §6; am L 2003, c 124, §85; am L 2008, c 108, §9]
Haw. Rev. Stat. § 486-23 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-23
Investigations; power to subpoena.
Status: in_force

The administrator shall investigate complaints deemed appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of this chapter and to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions. In the course of any investigation, the administrator is empowered to subpoena witnesses, examine them under oath, and require the production of books, papers, documents, records, or objects which the administrator deems relevant or material to the inquiry. Upon application by the administrator, compliance with the subpoena may be enforced by the circuit court in the county where the person subpoenaed resides or is found in the same manner as a subpoena issued by the clerk of a circuit court. In addition, the administrator may conduct hearings in aid of any investigation or inquiry.
Haw. Rev. Stat. § 486H-6 — HI Code / Division 2 / Title 26 / Chapter 486H / Section 486H-6
Petroleum distributor's penalty; collection.
Status: in_force

The petroleum distributor's executive officer, representative, or agent who negotiates any contract in violation of section 486H-5(a) and section 486H-5(b), or who otherwise coerces a gasoline dealer in violation of section 486H-5(a) and section 486H-5(b), shall in addition to other penalties provided by this chapter be subject to a civil penalty of up to $50,000 for each offense.

The penalty shall be assessed and recovered in a civil action brought by the attorney general or by any county attorney or prosecuting attorney in any court of competent jurisdiction. If brought by a county attorney or prosecuting attorney, the entire amount of the penalty shall be paid to the general fund of the county in which the judgment was entered. If brought by the attorney general, one-half of the penalty shall be paid to the county general fund where the action was brought and one-half shall be paid to the state general fund. [L 1976, c 213, pt of §2; am L 1983, c 268, §3]
Haw. Rev. Stat. § 485A-303 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-303
Securities registration by qualification.
Status: in_force

(a) A security may be registered by qualification under this section.

(b) A registration statement under this section shall contain the information or records specified in section 485A-304, a consent to service of process complying with section 485A-610, and, if required by rule adopted or order issued under this chapter, the following information or records:

(1) With respect to the issuer and any significant subsidiary, its name, address, and form of organization; the state or foreign jurisdiction and date of its organization; the general character and location of its business; a description of its physical properties and equipment; and a statement of the general competitive conditions in the industry or business in which it is or will be engaged;

(2) With respect to each director and officer of the issuer, and other person having a similar status or performing similar functions, the person's name, address, and principal occupation for the previous five years; the amount of securities of the issuer held by the person as of the thirtieth day before the filing of the registration statement; the amount of the securities covered by the registration statement to which the person has indicated an intention to subscribe; and a description of any material interest of the person in any material transaction with the issuer or a significant subsidiary effected within the previous three years or proposed to be effected;

(3) With respect to persons covered by paragraph (2), the aggregate sum of the remuneration paid to those persons during the previous twelve months and estimated to be paid during the next twelve months, directly or indirectly, by the issuer, and all predecessors, parents, subsidiaries, and affiliates of the issuer;

(4) With respect to a person owning of record or owning beneficially, if known, ten per cent or more of the outstanding shares of any class of equity security of the issuer, the information specified in paragraph (2) other than the person's occupation;

(5) With respect to a promoter, if the issuer was organized within the previous three years, the information or records specified in paragraph (2), any amount paid to the promoter within that period or intended to be paid to the promoter, and the consideration for the payment;

(6) With respect to a person on whose behalf any part of the offering is to be made in a nonissuer distribution, the person's name and address; the amount of securities of the issuer held by the person as of the date of the filing of the registration statement; a description of any material interest of the person in any material transaction with the issuer or any significant subsidiary effected within the previous three years or proposed to be effected; and a statement of the reasons for making the offering;

(7) The capitalization and long-term debt, on both a current and pro forma basis, of the issuer and any significant subsidiary, including a description of each security outstanding or being registered or otherwise offered, and a statement of the amount and kind of consideration, whether in the form of cash, physical assets, services, patents, goodwill, or anything else of value, for which the issuer or any subsidiary has issued its securities within the previous two years or is obligated to issue its securities;

(8) The kind and amount of securities to be offered; the proposed offering price or the method by which it is to be computed; any variation at which a proportion of the offering is to be made to a person or class of persons other than the underwriters, with a specification of the person or class; the basis on which the offering is to be made if otherwise than for cash; the estimated aggregate underwriting and selling discounts or commissions and finder's fees, including separately cash, securities, contracts, or anything else of value to accrue to the underwriters or finders in connection with the offering or, if the selling discounts or commissions are variable, the basis of determining them and their maximum and minimum amounts; the estimated amounts of other selling expenses, including legal, engineering, and accounting charges; the name and address of each underwriter and each recipient of a finder's fee; a copy of any underwriting or selling group agreement under which the distribution is to be made or the proposed form of any such agreement whose terms have not yet been determined; and a description of the plan of distribution of any securities that are to be offered otherwise than through an underwriter;

(9) The estimated monetary proceeds to be received by the issuer from the offering; the purposes for which the proceeds are to be used by the issuer; the estimated amount to be used for each purpose; the order or priority in which the proceeds will be used for the purposes stated; the amounts of any funds to be raised from other sources to achieve the purposes stated; the sources of the funds; and, if a part of the proceeds is to be used to acquire property, including goodwill, otherwise than in the ordinary course of business, the names and addresses of the vendors, the purchase price, the names of any persons that have received commissions in connection with the acquisition, and the amounts of the commissions and other expenses in connection with the acquisition, including the cost of borrowing money to finance the acquisition;

(10) A description of any stock options or other security options outstanding, or to be created in connection with the offering, and the amount of those options held or to be held by each person required to be named in paragraph (2), (4), (5), (6), or (8) and by any person that holds or will hold ten per cent or more in the aggregate of those options;

(11) The dates of, parties to, and general effect concisely stated of each managerial or other material contract made or to be made otherwise than in the ordinary course of business to be performed in whole or in part at or after the filing of the registration statement or that was made within the previous two years, and a copy of the contract;

(12) A description of any pending litigation, action, or proceeding to which the issuer is a party and that materially affects its business or assets, and any litigation, action, or proceeding known to be contemplated by governmental authorities;

(13) A copy of any prospectus, pamphlet, circular, form letter, advertisement, or other sales literature intended as of the effective date to be used in connection with the offering and any solicitation of interest used in compliance with section [485A-202(a)(17)(B)]; provided that the prospectus required for registration by qualification under paragraph (13) may be satisfied by the Small Corporate Offerings Registration Form (Form U-7) adopted by the North American Securities Administrators Association; provided further that all of the qualifications in the instructions for use of the form are fulfilled;

(14) A specimen or copy of the security being registered, unless the security is uncertificated; a copy of the issuer's articles of incorporation and bylaws or their substantial equivalents, in effect; and a copy of any indenture or other instrument covering the security to be registered;

(15) A signed or conformed copy of an opinion of counsel concerning the legality of the security being registered, with an English translation if it is in a language other than English, which states whether the security when sold will be validly issued, fully paid, and nonassessable and, if a debt security, a binding obligation of the issuer;

(16) A signed or conformed copy of a consent of any accountant, engineer, appraiser, or other person whose profession gives authority for a statement made by the person, if the person is named as having prepared or certified a report or valuation, other than an official record, that is public, which is used in connection with the registration statement;

(17) A balance sheet of the issuer as of a date within four months before the filing of the registration statement; a statement of income and a statement of cash flows for each of the three fiscal years preceding the date of the balance sheet and for any period between the close of the immediately previous fiscal year and the date of the balance sheet, or for the period of the issuer's and any predecessor's existence if less than three years; and, if any part of the proceeds of the offering is to be applied to the purchase of a business, the financial statements that would be required if that business were the registrant; and

(18) Any additional information or records required by rule adopted or order issued under this chapter.

(c) A registration statement under this section becomes effective forty-five days, or any shorter period provided by rule adopted or order issued under this chapter, after the date the registration statement or the last amendment other than a price amendment is filed, if:

(1) A stop order is not in effect and a proceeding is not pending under section 485A-305;

(2) The commissioner has not issued an order under section 485A-305 delaying effectiveness; or

(3) The applicant or registrant has not requested that effectiveness be delayed.

(d) The commissioner may delay effectiveness once for not more than ninety days if the commissioner determines the registration statement is not complete in all material respects and promptly notifies the applicant or registrant of that determination. The commissioner may also delay effectiveness for a further period of not more than thirty days if the commissioner determines that the delay is necessary or appropriate.

(e) A rule adopted or order issued under this chapter may require as a condition of registration under this section that a prospectus containing a specified part of the information or record specified in subsection (b) be sent or given to each person to which an offer is made, before or concurrently, with the earliest of:

(1) The first offer made in a record to the person otherwise than by means of a public advertisement, by or for the account of the issuer or another person on whose behalf the offering is being made or by an underwriter or broker-dealer that is offering part of an unsold allotment or subscription taken by the person as a participant in the distribution;

(2) The confirmation of a sale made by or for the account of the person;

(3) Payment pursuant to a sale under paragraph (2); or

(4) Delivery of the security pursuant to a sale under paragraph (2). [L 2006, c 229, pt of §1]
Haw. Rev. Stat. § 476-28 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-28
Regulation of finance charges.
Status: in_force

It shall be unlawful, directly or indirectly, to charge, contract for, collect, or receive any finance charge, on a credit sale contract except as is provided by this section.

(1) If the finance charge is stated as a dollar amount and is added on or deducted in advance, and the buyer promises to pay a fixed total of payments, the finance charge shall not exceed the amount of interest or discount which could lawfully be added on or deducted in advance by a financial services loan company under article 9 of chapter 412 on a loan to run for the same period as the credit sale contract, where the actual cash received by the borrower would be equal in amount to the principal balance of the credit sale contract, provided that a minimum finance charge of not more than $10 shall be allowable in a credit sale when the finance charge is stated in a dollar amount. Upon maturity of a contract, the rate of finance charge on the unpaid principal balance of the contract shall be eighteen per cent a year, unless a lesser rate for after maturity finance charge is specified in the contract.

(2) As an alternative to the finance charge authorized by paragraph (1), a seller may contract for and receive a finance charge at a rate not exceeding twenty-four per cent a year on the principal balance remaining unpaid from time to time under the contract, whether or not the rate of the finance charge under the contract is fixed or variable. Upon maturity of a contract, the rate of finance charge on the unpaid principal balance of the contract may be twelve per cent a year, the original contract rate of finance charge or, in the case of any extension or deferral, the rate of finance charge permitted by this chapter on the amount extended or deferred, whichever is greatest. [L 1961, c 102, pt of §1; Supp, §201A-31; HRS §476-33; am L 1979, c 212, §1; am and ren L 1984, c 86, pt of §1; am L 1989, c 266, §3; am L 1993, c 350, §23]
Haw. Rev. Stat. § 480E-2 — HI Code / Division 2 / Title 26 / Chapter 480E / Section 480E-2
Definitions.
Status: in_force

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

"Consideration" means any payment or thing of value provided to an owner of a distressed property, including reasonable costs paid to independent third parties necessary to complete the distressed property conveyance or payment of money to satisfy a debt or legal obligation of an owner of the distressed property. "Consideration" shall not include any amounts paid or to be paid directly or indirectly to the distressed property purchaser, including amounts identified as "gift equity", "fees", "escrow", or "down payment".

"Distressed property" means any residential real property that:

(1) Is in foreclosure or at risk of foreclosure because payment of any loan that is secured by the residential real property is more than sixty days delinquent;

(2) Had a lien or encumbrance charged against it because of nonpayment of any taxes, lease assessments, association fees, or maintenance fees;

(3) Is at risk of having a lien or encumbrance charged against it because the payments of any taxes, lease assessments, association fees, or maintenance fees are more than ninety days delinquent;

(4) Secures a loan for which a notice of default has been given;

(5) Secures a loan that has been accelerated; or

(6) Is the subject of any solicitation, representation, offer, agreement, promise, or contract to perform any mortgage assistance relief service.

"Distressed property consultant" means any person who performs or provides, or attempts to perform or provide, or who arranges for others to perform or provide, or who assists others to perform or provide, or who makes any solicitation, representation, or offer to perform or provide, any mortgage assistance relief service.

"Distressed property consultant" shall not include any of the following:

(1) A person or the person's authorized agent acting under the express authority or written approval of the federal Department of Housing and Urban Development;

(2) A person who holds or is owed an obligation secured by a lien on any distressed property, or a person acting under the express authorization or written approval of such person, when the person performs services in connection with the obligation or lien, if the obligation or lien did not arise as the result of or as part of a proposed distressed property conveyance;

(3) Banks, savings banks, savings and loan associations, credit unions, trust companies, depository and nondepository financial service loan companies, and insurance companies organized, chartered, or holding a certificate of authority to do business under the laws of this State or any other state, or under the laws of the United States;

(4) Attorneys licensed in the State of Hawaii engaged in the practice of la w;

(5) Certified public accountants licensed under chapter 466, persons holding a permit to practice public accountancy in the State of Hawaii, and persons holding a valid certified public accountant license issued under the laws of another state or territory who are lawfully practicing in the State of Hawaii with a temporary permit to practice pursuant to rules established by the board of public accountancy and who are subject to regulation by the board of public accountancy while engaged in the practice of public accountancy;

(6) A federal Department of Housing and Urban Development approved mortgagee and any subsidiary or affiliate of these persons or entities, and any agent or employee of these persons or entities, while engaged in the business of these persons or entities;

(7) A nonprofit organization that, pursuant to chapter 446, offers counseling or advice to an owner of a distressed property, if the nonprofit organization has no contract or agreement for services with lenders, distressed property purchasers, or any person who effects loans or distressed property purchases; or

(8) A person currently licensed as an active real estate broker or real estate salesperson in Hawaii pursuant to chapter 467, when acting in the capacity of a real estate broker or real estate salesperson in accordance with customary industry standards.

"Distressed property consultant contract" means any agreement or obligation between an owner or agent of an owner of a distressed property and a distressed property consultant.

"Distressed property conveyance" means the transfer of any interest in a distressed property effected directly or indirectly by or through a distressed property consultant.

"Distressed property conveyance contract" means any agreement or obligation affecting a distressed property conveyance.

"Distressed property lease" means any agreement or obligation regarding the lease or rental of a distressed property effected directly or indirectly by or through a distressed property consultant or distressed property purchaser.

"Distressed property owner" or "property owner" means the owner of any distressed property.

"Distressed property purchaser" means any person who acquires any interest in a distressed property directly or indirectly through a distressed property conveyance or distressed property conveyance contract.

"Fully performed" means:

(1) In the case of relief requiring the consent of any lending party, the distressed property consultant or attorney has:

(A) Carried out and provided all of the services the distressed property consultant or attorney contracted to perform or represented would be performed; and

(B) Obtained from the lending party a written offer for mortgage assistance relief that the consumer has accepted by executing the written contract.

(2) In the case of relief requiring the consent of any non-lending party, including any person that may hold a lien or encumbrance against any residential real property, the distressed property consultant or attorney has:

(A) Carried out and provided all of the services the distressed property consultant or attorney contracted to perform or represented would be performed; and

(B) Obtained from the non-lending party a written offer for mortgage assistance relief that the consumer has accepted by executing the written contract.

(3) In all other cases, being instances where consent is not obtained as the result of a mortgage assistance relief service, the property owner obtains the desired relief from a court of law, which includes a favorable determination that the mortgage assistance relief service conferred a benefit upon the property owner and is therefore compensable.

"Lending party" means the person from whom mortgage assistance relief is sought and includes the residential loan holder or servicer.

"Material" means likely to affect a consumer's choice of, or conduct regarding, any mortgage assistance relief service.

"Mortgage assistance relief service" means any service, plan, or program that is offered or provided to the consumer in exchange for consideration and is represented, expressly or by implication, to assist or attempt to assist the consumer with any of the following:

(1) Stopping, preventing, or postponing the loss of any residential real property, whether by mortgage or deed or trust foreclosure sale or repossession, or otherwise saving any consumer's residential real property from foreclosure or repossession;

(2) Stopping, preventing, or postponing the charging of any lien or encumbrance against any residential real property or reducing or eliminating any lien or encumbrance charged against any residential real property for the nonpayment of any taxes, lease assessments, association fees, or maintenance fees;

(3) Saving the owner's property from foreclosure or loss of home due to nonpayment of taxes;

(4) Negotiating, obtaining, or arranging any modification of any term of a residential loan, including a reduction in the amount of interest, principal balance, monthly payments, or fees;

(5) Negotiating, obtaining, or arranging any extension of the period of time within which the consumer may:

(A) Cure the default on a residential loan;

(B) Reinstate the residential loan;

(C) Redeem any residential real property; or

(D) Exercise any right to reinstate a residential loan or redeem a residential real property;

(6) Negotiating, obtaining, or arranging, with respect to any residential real property:

(A) A short sale;

(B) A deed-in-lieu of foreclosure; or

(C) Any other disposition of the property other than a sale to a third party who is not the residential loan holder;

(7) Obtaining any forbearance or modification in the timing of payments from any residential loan holder or servicer;

(8) Obtaining any forbearance from any beneficiary or mortgagee, or any relief with respect to a tax sale of any residential real property;

(9) Obtaining any waiver of an acceleration clause or balloon payment contained in any promissory note or other contract secured by a mortgage on any residential real property or contained in the mortgage;

(10) Obtaining any extension of the period within which the owner may reinstate the owner's rights with respect to the owner's property;

(11) Obtaining a loan or advance of funds while the consumer is in foreclosure or at risk of foreclosure due to nonpayment of any obligation related to a residential real property, including but not limited to one or more loans, taxes, lease assessments, association fees, or maintenance fees;

(12) Obtaining a loan or advance of funds during any post-tax sale redemption period;

(13) Considering or deciding whether a consumer should continue making payments on any loan, taxes, lease assessments, association fees, or maintenance fees or any other obligation related to a residential real property;

(14) Exercising any cure of default;

(15) Avoiding or ameliorating the impairment of the property owner's credit resulting from the recording or filing of a notice of default or the conduct of a foreclosure sale or tax sale;

(16) Drafting, preparing, performing, creating, or otherwise obtaining a forensic loan audit, a forensic securitization audit, or any other type of audit, report, summary, affidavit, or declaration involving an opinion, determination, or analysis of whether a lending party has an enforceable mortgage or lien, predicated upon claims that a lending party that is a party to a pooling and service agreement failed to adhere to the terms of that agreement, or that errors occurred after the signing of the mortgage loan, or disputing whether the lending party is the holder of the promissory note, or any argument that the lending party has failed to comply with federal or state mortgage lending laws;

(17) Drafting, preparing, performing, creating, or otherwise obtaining any documentation used or intended to be used to advance any legal theory in defense of a foreclosure or ejectment action, regardless of any disclaimer as to providing legal advice; or

(18) Understanding any legal theory that may be used in defense of a foreclosure or ejectment action, regardless of any disclaimer as to providing legal advice.

"Person" means any individual, partnership, corporation, limited liability company, association, or other group or entity, however organized.

"Residential loan" means any loan that is secured by a mortgage against residential real property, regardless of whether the property owner lacks sufficient equity in the property so as to render the loan partially or entirely unsecured.

"Residential loan holder" means any person who holds the residential loan that is the subject of the offer to provide mortgage assistance relief services.

"Residential real property" means any fee simple or leasehold real property wherever located, the primary use of which is occupancy as a residence by any natural person or persons, regardless of whether the property owner resides on the property.

"Servicer" means the person responsible for:

(1) Receiving any scheduled periodic payments pursuant to the terms of the residential loan that is the subject of the offer to provide mortgage assistance relief services; and

(2) Making the payments of principal and interest and such other payments with respect to the amounts received from the consumer as may be required pursuant to the terms of the mortgage servicing loan documents or servicing contract. [L 2008, c 137, pt of §2; am L 2009, c 66, §2 and c 73, §2; am L 2014, c 26, §1; am L 2016, c 142, §3]
Haw. Rev. Stat. § 486K-3 — HI Code / Division 2 / Title 26 / Chapter 486K / Section 486K-3
Sale of detained baggage; notice; disposition of proceeds.
Status: in_force

All baggage and property so held by the keeper of the hotel, after the expiration of three months from the date of the detention, shall be sold at public auction, after notice thereof published three times in a newspaper of general circulation in the county where the hotel is kept. The proceeds thereof shall be applied to the payment of the amount due and the expenses of the notice and sale. The balance, if any remaining, shall be paid over to the owner of the property or the owner's representative. If the balance is not claimed by the owner within sixty days after sale, then the balance shall be paid over to the director of finance of the State and shall be kept by the director in a special deposit for payment to the owner and shall be disposed of as provided in chapter 523A.
Haw. Rev. Stat. § 486-103 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-103
State measurement standards.
Status: in_force

The state measurement standard artifacts shall be in conformity with the measurement standards of the United States. As applicable, they shall have been calibrated for such use by the National Institute of Standards and Technology or other appropriate agency and shall be maintained in such calibration as is prescribed by that bureau or agency by the laboratory of the state measurement standards branch. They shall not be removed from that laboratory except upon request of the National Institute of Standards and Technology or other appropriate agency for calibration audit, provided that they may be relocated for the convenience of the State by directive of the governor.
Haw. Rev. Stat. § 480B-2 — HI Code / Division 2 / Title 26 / Chapter 480B / Section 480B-2
Disclosure.
Status: in_force

(a) The media shall submit to the attorney general, no later than thirty days after December 31 of the reporting year, an income tax return filed pursuant to section 235-4.

(b) Any media filing an annual income tax return pursuant to subsection (a) shall also furnish to the attorney general, in forms and at times that the attorney general deems necessary or expedient in the interest of the general public, special or supplementary reports covering information disclosed in subsection (a).

(c) Any report submitted pursuant to subsection (a) or (b) shall be a public record for the purposes of chapter 92F. [L 1995, c 243, pt of §2]
Haw. Rev. Stat. § 478-8.5 — HI Code / Division 2 / Title 26 / Chapter 478 / Section 478-8.5
REPEALED.
Status: in_force

L 1986, c 137, pt of §1.
Haw. Rev. Stat. § 482D-8 — HI Code / Division 2 / Title 26 / Chapter 482D / Section 482D-8
Violation of trademarking requirement.
Status: in_force

Any person, being a manufacturer or dealer of gold or silver articles of merchandise, who sells or possesses articles which are not stamped with a trademark as required by section 482D-6 shall:

(1) Be guilty of a misdemeanor for the first offense; and

(2) Be guilty of a class C felony for any subsequent offense. [L 1990, c 343, pt of §2]
Haw. Rev. Stat. § 481R-10 — HI Code / Division 2 / Title 26 / Chapter 481R / Section 481R-10
Cancellation of warranty.
Status: in_force

(a) Each vehicle protection product warranty shall state the terms, restrictions, or conditions if any, governing cancellation of the warranty by the warrantor before the expiration date of the warranty. Cancellation may only occur under this section for:

(1) Nonpayment by the consumer for the vehicle protection product;

(2) A material misrepresentation by the consumer to the seller or warrantor;

(3) Fraud by the consumer; or

(4) A substantial breach of duties by the consumer relating to the warranty.

(b) A warrantor shall mail written notice of cancellation to the consumer at the last address of the consumer contained in the records of the warrantor at least thirty days prior to the effective date of the cancellation. The notice shall state the effective date of the cancellation and the reason for the cancellation. [L 2002, c 237, pt of §1]
Haw. Rev. Stat. § 489D-23 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-23
Prohibited practices.
Status: in_force

It is a violation of this chapter for a licensee to:

(1) Directly or indirectly employ any scheme, device, or artifice to defraud or mislead any person, including, but not limited to, bait and switch advertising or sales practices;

(2) Directly or indirectly engage in any unfair or deceptive act or practice toward any person, including but not limited to any false or deceptive statement about fees or other terms of a money transmission or currency exchange;

(3) Directly or indirectly obtain property by fraud or misrepresentation;

(4) Knowingly make, publish, or disseminate any false, deceptive, or misleading information in the provision of money services;

(5) Knowingly receive or take possession for personal use any property of any money services business, other than in payment for services rendered, and with intent to defraud, and omit to make, or cause or direct to omit to make, a full and true entry in the books and accounts of the regulated business;

(6) Concur in making any false entry, or omit or concur in omitting any material entry in the books or accounts of the business;

(7) Knowingly make or publish to the commissioner or commissioner's designee, or concur in making or publishing to the commissioner or commissioner's designee, any written report, exhibit, or statement of the licensee's affairs or pecuniary condition containing any material statement that is false, or omit or concur in omitting any statement required by law to be contained therein; or

(8) Fail to make any report or statement lawfully required by the commissioner. [L 2006, c 153, pt of §1]
Haw. Rev. Stat. § 489D-2 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-2
Purpose.
Status: in_force

It is the intent of the legislature to establish within the State a licensure system to ensure the safe and sound operation of money transmission businesses, to ensure that these businesses are not used for criminal purposes, to promote confidence in the State's financial system, and to protect the public interest.
Haw. Rev. Stat. § 481H-6 — HI Code / Division 2 / Title 26 / Chapter 481H / Section 481H-6
Door-to-door sales.
Status: in_force

No door-to-door sales of water treatment units shall be permitted unless a copy of data, claims, and information on water quality and health effects, as used in the sales presentation, are made a part of the contract. As used in this section, "data, claims, and information" includes but is not limited to, graphs, charts, news clippings, and other supporting information.
Haw. Rev. Stat. § 476-19 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-19
Preservation of buyer's rights; assignment.
Status: in_force

(a) No contract shall contain any provision by which a buyer agrees not to assert against a seller a claim or defense arising out of the sale or agrees not to assert against an assignee such a claim or defense.

(b) No contract shall require or entail the execution of any note or series of notes by the buyer which when separately negotiated will cut off as to third parties any right of action or defense which the buyer may have against the seller.

(c) No rights of action or defense arising out of a credit sale which the buyer has against the seller shall be cut off by assignment; provided that any recovery thereon by the buyer shall not exceed amounts paid and to be paid by the buyer on the contract and may be set-off against such amount to be paid. If the buyer has a good cause of action or defense against the seller, the seller's assignee has recourse against the seller for any losses the assignee may incur as a result thereof.

(d) When an assignee asserts the assignee's rights against a buyer, the buyer may assert any available defense against the assignee as if the assignee were the seller. [L 1961, c 102, pt of §1; am L 1963, c 68, §§4, 5; Supp, §201A-17; am L 1967, c 285, §6; HRS §476-18; am and ren L 1984, c 86, pt of §1; am L 1992, c 178, §1]
Haw. Rev. Stat. § 476-15 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-15
Confession of judgment; power of attorney; wage assignment.
Status: in_force

No provision in a credit sale contract for confession of judgment, power of attorney therefor, or wage assignment shall be enforceable in this State.
Haw. Rev. Stat. § 484-8 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-8
Orders of registration and rejection; general provisions.
Status: in_force

(a) Within forty-five days from the date of the notice of filing, the director shall enter a preliminary or final order registering the subdivided lands or rejecting the registration.

Unless the applicant has consented in writing to a delay, the land shall be deemed registered if the director fails to enter an order of rejection within forty-five days from the date of the notice of filing.

(b) If, in the case of an application for a final order of registration, the director affirmatively determines, upon inquiry and examination, that the requirements of section 484-7 have been met, the director shall enter a final order registering the subdivided lands and shall designate the form of the public offering statement.

(c) If the director determines upon inquiry and examination that, in the case of an application for a final order of registration, any of the requirements of section 484-7, have not been met, the director shall notify the applicant that the application for a final order of registration must be corrected in the particulars specified within forty-five days. If the requirements are not met within the time allowed the director shall enter an order rejecting the registration, which order shall include the findings of fact upon which the order is based. The order rejecting the registration shall not become effective for twenty days during which time the applicant may petition for reconsideration and shall be entitled to a hearing. [L 1967, c 223, §8; HRS §484-8; am L 1983, c 175, §7; am L 1992, c 132, §7]
Haw. Rev. Stat. § 486-134 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-134
Optional licensing.
Status: in_force

The following persons shall not be required, but shall be permitted, to obtain licenses as public measuremasters:

(1) A law enforcement or measurement standards officer, or other qualified employee of a state or county agency or institution when acting within the scope of the officer's or employee's official duties;

(2) A person weighing property, produce, commodities, or articles that the person, or the person's employer, is either buying or selling; and

(3) A person weighing property, produce, commodities, or articles in conformity with the requirements of federal statutes or the statutes of this State relative to warehouse workers or processors. [L 1991, c 153, pt of §7; am L 2008, c 19, §55]
Haw. Rev. Stat. § 489D-14 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-14
Extraordinary reporting requirements.
Status: in_force

Within fifteen business days of the occurrence of any one of the events listed below, a licensee shall file a written report with the commissioner describing the event and its expected impact on the licensee's activities in this State. These events are:

(1) Any material change in information provided in a licensee's application or annual report;

(2) The filing for bankruptcy or reorganization by the licensee;

(3) Pending or final revocation, suspension, or other enforcement action against the licensee by any state or governmental authority relating to the licensee's money transmission activities;

(4) Any felony indictment of the licensee or any of its principals related to money transmission activities; and

(5) Any felony conviction of the licensee or any of its principals related to money transmission activities. [L 2006, c 153, pt of §1; am L 2008, c 195, §9; am L 2017, c 45, §5]
Haw. Rev. Stat. § 486H-1 — HI Code / Division 2 / Title 26 / Chapter 486H / Section 486H-1
Definitions.
Status: in_force

As used in this chapter:

"Commission" means the public utilities commission.

"Company retail station" means a retail service station owned and operated by a manufacturer or jobber and where retail prices are set by that manufacturer or jobber.

"Conventional gasoline" means a gasoline formulation with properties having the closest similarities to the gasoline then sold in the State.

"Dealer retail station" means a retail service station owned by a manufacturer or jobber and operated by a qualified gasoline dealer other than a manufacturer or a jobber under a franchise.

"Franchise" means:

(1) Any agreement or related agreements between a petroleum distributor and a gasoline dealer under which the gasoline dealer is granted the right to use a trademark, trade name, service mark, or other identifying symbol or name owned by the distributor in connection with the retail sale of petroleum products supplied by the petroleum distributor; or

(2) Any agreement or related agreements described in paragraph (1) and any agreement between a petroleum distributor and a gasoline dealer under which the gasoline dealer is granted the right to occupy the premises owned, leased, or controlled by the distributor, for the purpose of engaging in the retail sale of petroleum products supplied by the distributor.

"Gasoline" includes gasoline, benzol, benzine, naphtha, and any other liquid prepared, advertised, offered for sale, sold for use as, or used for, the generation of power for the propulsion of motor vehicles, including any product obtained by blending together any one or more petroleum products with or without other products, if the resultant product is capable of the same use.

"Gasoline dealer" means any person engaged in the retail sale of petroleum products in the United States under a franchise agreement entered into with a petroleum distributor.

"Good faith" means the duty of a gasoline dealer and a petroleum distributor to act in a fair and equitable manner in the performance and in the demanding of performance of the terms and provisions of the franchise. The petroleum distributor shall not impose on a gasoline dealer by contract, rule, or regulation, whether written or oral, any standard of conduct that is not reasonable and of material significance to the franchise relationship.

"Independent retail station" means a retail service station not owned by a manufacturer or jobber and operated by a qualified gasoline dealer.

"Inventory" means any product sold to a gasoline dealer for resale purposes by a petroleum distributor.

"Jobber" means every wholesaler of petroleum products.

"Major brand" means the primary trade name or trademark most commonly associated and identified with a manufacturer's retail service station.

"Manufacturer" means every producer or refiner of petroleum products on January 1, 1992, or any subsidiary of that producer or refiner.

"Motor vehicle fuel" means gasoline, diesel fuel, alcohol, and any mixture of those fuels suitable for use in vehicles registered under chapter 286.

"Non-refiner marketer" means any person who acquires gasoline for sale in the State and who is not a refiner located and operating in the State, nor an importer owned by or affiliated with, directly or indirectly, a refiner located and operating in the State.

"Operate" means to engage in the business of selling motor vehicle fuel at a retail service station through any employee, commissioned agent, subsidiary company, or person managing a retail service station under a contract and on a fee arrangement with the manufacturer or jobber.

"Other areas" means the second congressional district of the State.

"Petroleum distributor" means any person engaged in the sale, consignment, or distribution of petroleum products to retail outlets that it owns, leases, or otherwise controls.

"Petroleum products" includes motor vehicle fuel, residual oils number 4, 5, and 6, and all grades of jet (turbo) fuel.

"Pre-tax" when used in reference to a price means such price net of the fuel-related or other taxes assessed when the gasoline is sold.

"Purchase" means any acquisition of ownership.

"Retail" means a sale of gasoline made to the general public at prices that are displayed on the dispensing equipment.

"Retail service station" or "retail station" means a place of business where motor vehicle fuel is sold and delivered into the tanks of motor vehicles and includes a company retail station, a dealer retail station, and an independent retail station.

"Sale" means any exchange, gift, or other disposition.

"Secondary brand" means a trade name or trademark, other than a major brand, used to identify a company retail station.

"Unbranded" means an independent retail service station dealer, jobber, heating oil distributor, motor fuel wholesaler, or peddler marketing gasoline or special fuels under its own brand, trade name, or trademark, other than those of a manufacturer, or any subsidiary thereof.

"Urban" means the first congressional district of the State. [L 1975, c 133, pt of §1; am L 1976, c 213, §3; am L 1983, c 268, §1; am L 1993, c 329, §2; am L 2002, c 77, §2(2); am L 2006, c 78, §16; am L 2008, c 19, §57]
Haw. Rev. Stat. § 485A-302 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-302
Notice filing.
Status: in_force

(a) With respect to a federal covered security, as defined in section 18(b)(2) of the Securities Act of 1933 (15 U.S.C. 77r(b)(2)), that is not otherwise exempt under sections 485A-201 to 485A-203, the following records shall be filed with the commissioner:

(1) Initial offers.

(A) Before the initial offer of a federal covered security in this State, all records that are part of a federal registration statement filed with the Securities and Exchange Commission under the Securities Act of 1933 and a consent to service of process complying with section 485A-610 signed by the issuer; or

(B) After the initial offer of the federal covered security in this State, all records that are part of an amendment to a federal registration statement filed with the Securities and Exchange Commission under the Securities Act of 1933; and

(2) Report. To the extent necessary or appropriate to compute fees, the commissioner may by rule or order require a report of the value of the federal covered securities sold or offered to persons present in this State, if the sales data are not included in records filed with the Securities and Exchange Commission, and payment of a fee of $50.

(b) The fee for an initial notice filing for investment company securities shall be $200 per portfolio or series.

(c) A notice filing under subsection (a) is effective for one year commencing on the later of the notice filing or the effectiveness of the offering filed with the Securities and Exchange Commission. On or before expiration, the issuer may renew a notice filing by filing a copy of those records filed by the issuer with the Securities and Exchange Commission that are required by rule or order under this chapter to be filed and by paying a renewal fee of $50. A previously filed consent to service of process complying with section 485A-610 may be incorporated by reference in a renewal. A renewed notice filing becomes effective upon the expiration of the filing being renewed.

(d) With respect to a security that is a federal covered security under section 18(b)(4)(D) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)(D)), a rule adopted under this chapter may require a notice filing by or on behalf of an issuer to include a copy of Form D, including the Appendix, as promulgated by the Securities and Exchange Commission, and a consent to service of process complying with section 485A-610 signed by the issuer not later than fifteen days after the first sale of the federal covered security in this State, and the payment of a fee of $200.

(e) Except with respect to a federal security under section 18(b)(1) of the Securities Act of 1933 (15 U.S.C. 77r(b)(1)), if the commissioner finds that there is a failure to comply with a notice or fee requirement of this section, the commissioner may issue a stop order suspending the offer and sale of a federal covered security in this State. If the deficiency is corrected, the stop order is void as of the time of its issuance and no penalty may be imposed by the commissioner. [L 2006, c 229, pt of §1]
Haw. Rev. Stat. § 487A-2 — HI Code / Division 2 / Title 26 / Chapter 487A / Section 487A-2
Effect of noncompliance.
Status: in_force

Failure to comply with any requirement imposed by this chapter shall not render any agreement void or voidable nor shall it constitute a defense to any action to enforce such agreement or any action for breach of such agreement.
Haw. Rev. Stat. § 486-118 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-118
Misbranding.
Status: in_force

(a) No person shall deliver for introduction, hold for introduction or introduce into the State; or keep, offer, or expose for sale; or sell any consumer commodity which is misrepresented or misbranded in any manner.

(b) The board, pursuant to section 486-7 and chapter 91, shall adopt rules relating to misbranding. The rules may:

(1) Require any person involved in the manufacture, processing, production, assembly, fabrication, or importation of a specified consumer commodity to keep and make available for inspection or copying by the administrator adequate records to substantiate the source of the consumer commodity, or in the case of blends, the source of such constituents, as may be required by the board;

(2) Establish fanciful names or terms, and in the case of blends, minimum constituent content by weight, to be used in labeling to differentiate a specific consumer commodity from an imitation or look-alike; and

(3) Establish requirements to reconcile the respective volumes of specific consumer commodities received versus the total amounts output, either as whole or processed product or as blends.

In addition, the board may adopt other rules as it deems necessary for the correct and informative labeling of consumer commodities. [L 1991, c 153, pt of §6]
Haw. Rev. Stat. § 487J-7 — HI Code / Division 2 / Title 26 / Chapter 487J / Section 487J-7
[ §487J-7] Pharmacy benefit managers; health information; prohibited marketing practices.
Status: in_force

[ §487J-7] Pharmacy benefit managers; health information; prohibited marketing practices. (a) A pharmacy benefit manager shall not:

(1) Use an individual's health information, or share an individual's health information with any pharmacy affiliated with or owned, wholly or in part, by the pharmacy benefit manager, for the purpose of marketing, unless:

(A) Use of the individual's health information is medically necessary to the health and safety of the individual;

(B) Use of the individual's health information is consistent with regulations of the federal Centers for Medicare and Medicaid, if the plan is governed by those rules; or

(C) The individual has affirmatively opted in, in writing, to use of the information;

(2) Sell or disseminate such information unless the sale or dissemination complies with all federal and state laws and the pharmacy benefit manager has received written approval for such sale or dissemination from the employee benefit plan, health benefits plan, or managed care plan sponsor, and the individual; or

(3) Directly contact an individual by any means, including via electronic delivery, telephonic, SMS text, or direct mail, for the purposes of marketing pharmacy benefit manager-owned pharmacies without the express written permission of the employee benefit plan, health benefits plan, or managed care plan sponsor, and the individual, unless the employee benefit plan, health benefits plan, or managed care plan sponsor first determines that the contact is medically necessary to the health and safety of the individual.

(b) Nothing in this section shall prohibit the use of a patient's health information that is used in conjunction with an insurer-authorized program to more effectively use prescription drugs to improve the health and safety of the individual.

(c) A pharmacy benefit manager shall provide each individual with an opportunity to affirmatively opt in to the sale or dissemination of their health information prior to entering into any arrangement for the lease, rental, dissemination, or sale of such information to any other entity, or to any subsidiary owned, wholly or in part, by the pharmacy benefit manager; provided that an individual may freely revoke the affirmative opt in at any time. [L 2013, c 225, §2]

Revision Note

In this section, "pharmacy benefit managers" substituted for "pharmacy benefits managers", "pharmacy benefit manager" substituted for "pharmacy benefits manager", and "pharmacy benefit manager-owned pharmacies" substituted for "pharmacy benefits manager-owned pharmacies".
Haw. Rev. Stat. § 481-5 — HI Code / Division 2 / Title 26 / Chapter 481 / Section 481-5
Proof of intent; cost surveys.
Status: in_force

In any injunction proceeding against any person as officer, director, or agent, it shall be sufficient to allege and prove the unlawful intent of the person, firm, or corporation for whom or which the person acts. Where an injunction is sought for a violation of section 481-3 the proof of the unlawful act or acts and of the injurious effects thereof shall be prima facie evidence of the intent to destroy competition; provided that such a rule of evidence applies only to injunction proceedings brought under section 481-3. Where a particular trade or industry, of which the person, firm, or corporation complained against is a member, has an established cost survey for the locality and vicinity in which the offense is committed, the cost survey shall be deemed competent evidence to be used in proving the costs of the person, firm, or corporation complained against within this part.
Haw. Rev. Stat. § 487J-6 — HI Code / Division 2 / Title 26 / Chapter 487J / Section 487J-6
Unlawful use of identification card or driver's license.
Status: in_force

(a) No business may scan the machine-readable zone of an individual's identification card or driver's license, except for the following purposes:

(1) To verify authenticity of the identification card or driver's license or to verify the identity of the individual if the individual pays for goods or services with a method other than cash, returns an item, or requests a refund or an exchange;

(2) To verify the individual's age when providing age-restricted goods or services to the individual if there is a reasonable doubt of the individual having reached the minimum age required for purchasing the age-restricted goods or services;

(3) To prevent fraud or other criminal activity if the individual returns an item or requests a refund or an exchange and the business uses a fraud prevention service company or system. Information collected by scanning an individual's identification card or driver's license pursuant to this subsection shall be limited to the following information from the individual:

(A) Name;

(B) Address;

(C) Date of birth; and

(D) Driver's license number or identification card number;

(4) To establish or maintain a contractual relationship. Information collected by scanning the individual's identification card or driver's license pursuant to this subsection shall be limited to the following information from the individual:

(A) Name;

(B) Address;

(C) Date of birth; and

(D) Driver's license number or identification card number;

(5) To record, retain, or transmit information as required by state or federal law;

(6) To transmit information to a consumer reporting agency, financial institution, or debt collector to be used as permitted by the federal Fair Credit Reporting Act, Gramm-Leach-Bliley Act, or the Fair Debt Collection Practices Act; and

(7) To record, retain, or transmit information by a covered entity governed by the medical privacy and security rules issued by the federal Department of Health and Human Services, parts 160 and 164 of title 45 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and Accountability Act of 1996.

(b) No business shall retain any information obtained pursuant to subsection (a), except as permitted in subsections (a)(3) through (7).

(c) No business shall sell or disseminate to a third party any information obtained under this section for any purpose, including marketing, advertising, or promotional activities, except as permitted in subsections (a)(3) through (7).

(d) A business covered under this section shall make reasonable efforts, through systems testing and other means, to ensure that the requirements of this chapter are met.

(e) Any waiver of a provision of this section is contrary to public policy and is void and unenforceable.

(f) For purposes of this section:

"Consumer reporting agency" shall have the same meaning as in the federal Fair Credit Reporting Act, title 15 United States Code section 1681a(f).

"Covered entity" shall have the same meaning as in the security rules issued by the federal Department of Health and Human Services, parts 160 and 164 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and [Accountability] Act of 1996.

"Debt collector" shall have the same meaning as in the federal Fair Debt Collection Practices Act, title 15 United States Code section 1692a.

"Financial institution" shall have the same meaning as in the federal Gramm-Leach-Bliley Act, title 15 United States Code section 6809. [L 2012, c 191, §1; am L 2013, c 195, §§1, 3; am L 2014, c 67, §§1, 2]
Haw. Rev. Stat. § 485A-204 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-204
Denial, suspension, revocation, condition, or limitation of exemptions.
Status: in_force

Except with respect to a federal covered security or a transaction involving a federal covered security, an order under this chapter may deny, suspend application of, condition, limit, or revoke an exemption created under section 485A-201(3)(C), 485A-201(7), 485A-201(8), or 485A-202, or an exemption or waiver created under section 485A-203 with respect to a specific security, transaction, or offer. An order under this section may be issued only pursuant to the procedures in section 485A-305(d) or 485A-604, and only prospectively.
Haw. Rev. Stat. § 480E-5 — HI Code / Division 2 / Title 26 / Chapter 480E / Section 480E-5
Cancellation of a distressed property consultant contract.
Status: in_force

(a) In addition to any other legal right to rescind a contract, any distressed property owner has the right to cancel a distressed property consultant contract, without any penalty or obligation, at any time before the distressed property consultant has fully performed each and every service the distressed property consultant contracted to perform or represented would be performed.

(b) Cancellation occurs when any distressed property owner delivers, by any means, written notice of cancellation to the address specified in the distressed property consultant contract.

(c) Notice of cancellation, if given by mail, is effective when deposited in the mail with postage prepaid. Notice by certified mail, return receipt requested, addressed to the address specified in the distressed property consultant contract, shall be conclusive proof of notice of cancellation.

(d) Notice of cancellation given by any distressed property owner need not take the particular form as provided with the distressed property consultant contract and, however expressed, is effective if it indicates the intention of the distressed property owner not to be bound by the contract. [L 2008, c 137, pt of §2; am L 2016, c 142, §6]
Haw. Rev. Stat. § 484-21 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-21
Uniformity of interpretation.
Status: in_force

This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Haw. Rev. Stat. § 486H-3 — HI Code / Division 2 / Title 26 / Chapter 486H / Section 486H-3
Notice of termination, cancellation, or nonrenewal.
Status: in_force

A petroleum distributor shall not terminate, cancel, or refuse to renew a franchise with a gasoline dealer without first giving the dealer written notice by certified mail at least ninety days in advance of the effective date of such action as set forth in the notice. Notwithstanding any provision to the contrary contained in this section, a petroleum distributor may terminate, cancel, or refuse to renew a franchise with a gasoline dealer effective five days after the posting of written notice by certified mail to the gasoline dealer at the dealer's last known address, if such action is based on any of the following reasons:

(1) Citation of the gasoline dealer by the measurement standards branch for adulteration, substitution, contamination, or other degradation of petroleum products sold under the trademark of the petroleum distributor; provided such adulteration, substitution, contamination, or other degradation is caused by the wilful or negligent act of the gasoline dealer;

(2) Voluntary abandonment of the franchise relationship by the gasoline dealer;

(3) Conviction of the gasoline dealer of a crime involving the business conducted pursuant to the franchise; or

(4) Adjudication of bankruptcy of the gasoline dealer, or the dealer's becoming insolvent in the sense that the dealer cannot meet the dealer's financial obligations when due. [L 1975, c 133, pt of §1; gen ch 1985; am L 1986, c 339, §78; am L 1998, c 192, §5]
Haw. Rev. Stat. § 481F-1 — HI Code / Division 2 / Title 26 / Chapter 481F / Section 481F-1
Definitions.
Status: in_force

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

"Artist" means the person who created the image upon the master or created the image which served as a model for the image which appears on the master.

"Edition" means the aggregate of prints produced from a single master.

"Hors de Commerce" or words of similar import means prints in the edition which are so designated by the artist or printer with the intent of withholding the prints from sale in commerce at the time the edition is produced.

"Limited edition" means print multiples produced from a master, all of which include the same image and bear numbers or other markings to denote the limited production thereof to a stated maximum number of prints, or are otherwise held out as limited to a maximum number of prints.

"Master" is used in lieu of and has the same meaning as a printing plate, stone, block, screen, or similar matrix which contains an image used to produce a print multiple.

"Print multiple" or "print" means any print produced in more than one copy by means of engraving, etching, woodcutting, lithography, serigraphy, or other similar processes or any combination thereof.

"Proof" means a print in an edition which contains substantially the same image and which is produced from the same master as the prints in the related limited edition, but is set aside from and is in addition to the limited edition, whether or not it is designated as a proof.

"Seller of print multiples" or "seller" means a person who is in the business of selling, exclusively or nonexclusively, print multiples, or a person offering prints for sale who by the person's occupation holds the person's self out as having knowledge or skill peculiar to these works, or to whom that knowledge or skill may be attributed by the employment of an agent or other intermediary who by occupation represents as having that knowledge or skill. The term "seller of print multiples" includes an auctioneer who sells such works at public auction.

"Signed" means the artist signed the print multiple by hand to signify the artist's examination and approval of the print. "Signed" does not mean the act of leaving an impression of the artist's name upon the print by any mechanical process.

"Written instrument" means a written agreement, certificate of authenticity, catalogue, prospectus, advertisement, circular or any other written memorandum describing a print offered for sale by the seller. [L 1986, c 194, pt of §2]
Haw. Rev. Stat. § 489D-32 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-32
Hearings.
Status: in_force

Except as otherwise provided in sections 489D-12(c) and 489D-26, the commissioner may not suspend or revoke a license, issue an order to cease and desist, suspend or revoke the designation of an authorized delegate, or assess a civil penalty without notice and an opportunity to be heard.
Haw. Rev. Stat. § 481D-3 — HI Code / Division 2 / Title 26 / Chapter 481D / Section 481D-3
Posting of notice.
Status: in_force

(a) A person required to post notice under this chapter shall post a notice which shall be not less than twenty-two inches by thirty-three inches in size and posted in a conspicuous place that is visible and readable outside the place of business where the sale is to be held. The notice shall be signed under penalty of perjury. Where the person is a corporation, the notice shall be signed by two officers. Where the person is a partnership, the notice shall be signed by two partners. The notice shall include the following:

(1) The name and address of the owner of the goods being sold. If the owner is a partnership, corporation, firm, or association, the notice shall contain the full name and position of the individual filing the notice;

(2) The type of sale and manner in which the sale is to be conducted and the address where the sale is to be conducted;

(3) The dates and times during which the sale is to be conducted;

(4) The name and street address of the person in charge of and responsible for the conduct of the sale;

(5) An explanation regarding the condition or necessity for the sale, including a statement of the descriptive name of the sale and the reasons why the name is truthfully descriptive of the sale. The notice shall contain a statement that the business will be discontinued at the premises where the sale is to be conducted upon termination of the sale. If the sale is with respect to a removal sale, it shall contain a statement that the business will be discontinued at the premises where the sale is to be conducted upon termination of the sale, in addition to the location of the premises to which the business is to be moved. If the sale is with respect to the sale of goods damaged by fire, smoke, water, or otherwise, the notice shall contain a statement as to the time, location, and cause of the damage;

(6) The notice shall state that an inventory report form, containing a detailed list and inventory of each item of inventory costing over $100 to be sold, itemizing the goods to be sold, and containing sufficient information concerning each item, including make and brand name, shall be available for inspection on the store premises on request. The inventory report form shall list separately goods that were purchased during the sixty-day period immediately prior to the date of posting the notice showing the cost price of each item to the owner of the inventory together with the name and address of the seller of the item to the owner of the inventory, the date of purchase, the date of delivery to the owner of the inventory, and the total value of the inventory at cost;

(7) A statement that no goods will be added to the inventory after posting the notice or during the sale, and that the inventory contains no goods received on consignment; and

(8) A statement disclosing the date from which the person has maintained a place of business within the State prior to the posting of the notice.

(b) This section shall not apply to any person who acquired a right, title, or interest in the goods:

(1) As an heir, devisee, legatee, or surviving joint tenant;

(2) As an executor, administrator, trustee, guardian, or conservator; or

(3) Pursuant to an order or process of a court of competent jurisdiction. [L 1994, c 98, pt of §1; am L 1996, c 271, §3; am L 2008, c 19, §19]
Haw. Rev. Stat. § 486-30 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-30
Forgery; penalties.
Status: in_force

Any person who shall forge any official device, seal, or mark, shall be guilty of a misdemeanor.
Haw. Rev. Stat. § 477E-1 — HI Code / Division 2 / Title 26 / Chapter 477E / Section 477E-1
Short title.
Status: in_force

This chapter may be cited as the Hawaii Fair Credit Extension Act of 1975.
Haw. Rev. Stat. § 480-18 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-18
Investigation.
Status: in_force

(a) Whenever it appears to the attorney general, either upon complaint or otherwise, that any person or persons have engaged in or engages in or is about to engage in any act or practice by this chapter prohibited or declared to be illegal, or that any person or persons have assisted or participated in any plan, scheme, agreement, or combination of the nature described herein, or whenever the attorney general believes it to be in the public interest that an investigation be made, the attorney general may in the attorney general's discretion either require or permit the complainant to file with the attorney general a statement in writing under oath or otherwise as to all the facts and circumstances concerning the subject matter which the attorney general believes to be in the public interest to investigate. The attorney general may also require such other data and information from the complainant as the attorney general deems relevant and may make such special and independent investigations as the attorney general deems necessary in connection with the matter.

(b) Whenever the attorney general has reason to believe that any person may be in possession, custody, or control of any documentary material, objects, tangible things, or information (hereinafter referred to as "documentary evidence") pertinent to any investigation of a possible violation of this chapter and before the filing of any complaint in court, the attorney general may issue in writing, and cause to be served upon the person, an investigative demand requiring the person to produce the documentary evidence for examination.

(c) Each such demand shall:

(1) State the alleged violation of the section or sections of this chapter which are under investigation;

(2) Describe and fairly identify the documentary evidence to be produced, or to be answered;

(3) Prescribe a return date within a reasonable period of time during which the documentary evidence demanded may be assembled and produced;

(4) Identify the custodian to whom such documentary evidence are to be delivered; and

(5) Specify a place at which such delivery is to be made.

(d) No such demand shall:

(1) Contain any requirement which would be held to be unreasonable if contained in a subpoena duces tecum issued by a court of this State in aid of a grand jury investigation of the possible violation; or

(2) Require the production of any documentary evidence which would be privileged from disclosure if demanded by a subpoena duces tecum issued by a court of this State in aid of a grand jury investigation of the possible violation.

(e) Any such demand may be served by any attorney employed by or other authorized employee of this State at any place within the territorial jurisdiction of any court of this State.

(f) Service of any such demand or of any petition filed under subsection (o) of this section, may be made upon a partnership, trust, corporation, association, or other legal entity by:

(1) Delivering a duly executed copy thereof to any partner, trustee, executive officer, managing agent, or general agent thereof, or to any agent thereof authorized by appointment or by law to receive service or process on behalf of the partnership, trust, corporation, association, or entity; or

(2) Delivering a duly executed copy thereof to the principal office or place of business in this State of the partnership, trust, corporation, association, or entity to be served; or

(3) Depositing the copy in the United States mail, by registered or certified mail duly addressed to the partnership, trust, corporation, association, or entity at its principal office or place of business in this State.

(g) A verified return by the individual serving any such demand or petition setting forth the manner of the service shall be proof of the service. In the case of service by registered or certified mail, the return shall be accompanied by the return post office receipt of delivery of the demand or petition.

(h) The attorney general shall designate a representative to serve as custodian of any documentary evidence, and such additional representatives as the attorney general shall determine from time to time to be necessary to serve as deputies to such officer.

(i) Any person upon whom any demand issued under subsection (b) has been duly served shall deliver such documentary evidence to the custodian designated therein at the place specified therein (or at such other place as the custodian thereafter may prescribe in writing) on the return date specified in the demand (or on such later date as the custodian may prescribe in writing). No such demand or custodian may require delivery of any documentary evidence to be made:

(1) At any place outside the territorial jurisdiction of this State without the consent of the person upon whom such demand was served; or

(2) At any place other than the place at which such documentary evidence is situated at the time of service of the demand until the custodian has tendered to the person a sum sufficient to defray the cost of transporting the material to the place prescribed for delivery or the transportation thereof to such place at government expense.

(j) The custodian to whom any documentary evidence is delivered shall take physical possession thereof, and shall be responsible for the use made thereof and for the return thereof pursuant to this section. The custodian shall issue a receipt for such evidence received. The custodian may cause the preparation of such copies of the documentary evidence as may be required for official use by any individual who is entitled, under regulations which shall be promulgated by the attorney general, to have access to the evidence for examination. While in the possession of the custodian, no such evidence so produced shall be available for examination, without the consent of the person who produced the evidence, by any individual other than a duly authorized representative of the office of the attorney general. Under such reasonable terms and conditions as the attorney general shall prescribe, documentary evidence while in the possession of the custodian shall be available for examination by the person who produced the evidence or any duly authorized representative of the person.

(k) Whenever any attorney has been designated to appear on behalf of this State before any court or grand jury in any case or proceeding involving any alleged violation of this chapter, the custodian may deliver to the attorney such documentary evidence in the possession of the custodian as the attorney determines to be required for use in the presentation of the case or proceeding on behalf of this State. Upon the conclusion of any such case or proceeding, the attorney shall return to the custodian any documentary evidence so withdrawn which has not passed into the control of court or grand jury through the introduction thereof into the record of the case or proceeding.

(l) Upon the completion of the investigation for which any documentary evidence was produced under this section, and any case or proceeding arising from the investigation, the custodian shall return to the person who produced the evidence all the evidence (other than copies thereof made by the attorney general or the attorney general's representative pursuant to subsection (j) of this section) which has not passed into the control of any court or grand jury through the introduction thereof into the record of the case or proceeding.

(m) When any documentary evidence has been produced by any person under this section for use in any investigation, and no such case or proceeding arising therefrom has been instituted within a reasonable time after completion of the examination and analysis of all evidence assembled in the court of such investigation, the person shall be entitled, upon written demand made upon the attorney general to the return of all documentary evidence (other than copies thereof made by the attorney general or the attorney general's representative pursuant to subsection (j) of this section) so produced by the person.

(n) In the event of the death, disability, or separation from service in the office of the attorney general of the custodian of any documentary evidence produced under any demand issued under this section, or the official relief of the custodian from responsibility for the custody and control of the evidence, the attorney general shall promptly designate another representative to serve as custodian thereof, and transmit notice in writing to the person who produced the evidence as to the identity and address of the successor designated. Any successor so designated shall have with regard to such evidence all duties and responsibilities imposed by the section upon the successor's predecessor in office with regard thereto, except that the successor shall not be held responsible for any default or dereliction which occurred before the successor's designation as custodian.

(o) Whenever any person fails to comply with any investigative demand duly served upon the person under subsection (f) of this section, the attorney general, through such officers or attorneys as the attorney general may designate, may file, in the district court of any county in which the person resides, is found, or transacts business, and serve upon the person a petition for an order of the court for the enforcement of the demand, except that if the person transacts business in more than one such county the petition shall be filed in the county in which the person maintains the person's principal place of business, or in such other county in which such person transacts business as may be agreed upon by the parties to the petition. The person shall be entitled to be heard in opposition to the granting of any such petition.

(p) Within twenty days after the service of any such demand upon any person, or at any time before the return date specified in the demand, whichever period is shorter, the person may file, in the district court of the county within which the office of the custodian designated therein is situated, and serve upon the custodian a petition for an order of the court modifying or setting aside such demand. The petition shall specify each ground upon which the petitioner relies in seeking such relief, and may be based upon any failure of the demand to comply with this section, or upon any constitutional right or privilege of the person.

If the court does not set aside the demand, the person shall be assessed court cost and reasonable attorneys fees and such other penalties not greater than those specified under section 480-16. If the court sets aside the demand, the person shall be given the total cost of the petition.

(q) At any time during which any custodian is in custody or control of any documentary evidence delivered by any person in compliance with any such demand, the person may file, in the district court of the county within which the office of the custodian is situated, and serve upon the custodian a petition for an order of the court requiring the performance by the custodian of any duty imposed upon the custodian by this section.

(r) Whenever the attorney general has reason to believe that any person has information pertinent to any investigation of a possible violation of this chapter and before the filing of any complaint in court, the attorney general may seek a subpoena from the clerk of the district court in the county where the person resides, is found, or transacts business, requiring the person's presence to appear before a district judge licensed to practice law in the supreme court of this State to give oral testimony under oath on a specified date, time, and place. The clerk of the district court may also issue a subpoena duces tecum under like conditions at the request of the attorney general. Any witness subpoenaed shall be entitled to be represented by counsel and any subpoena shall state the alleged violation of the section or sections of this chapter. The scope and manner of examination shall be in accordance with the rules governing depositions as provided in the Hawaii rules of civil procedure. The person subpoenaed may at any time before the date specified for the taking of the oral testimony, move to quash any subpoena before the district judge from whose court any subpoena was issued for such grounds as may be provided for quashing a subpoena in accordance with the rules governing depositions as set forth in the Hawaii rules of civil procedure.

(s) No person shall be excused from attending an inquiry pursuant to the mandates of a subpoena, or from producing any documentary evidence, or from being examined or required to answer questions on the ground of failure to tender or pay a witness fee or mileage unless demand therefor is made at the time testimony is about to be taken and as a condition precedent to offering such production or testimony and unless payment thereof be not thereupon made. The provisions for payment of witness fee and mileage do not apply to any officer, director, or person in the employ of any person or persons whose conduct or practices are being investigated. No person who is subpoenaed to attend the inquiry, while in attendance upon the inquiry, shall, without reasonable cause, refuse to be sworn or to answer any question or to produce any book, paper, document, or other record when ordered to do so by the officer conducting the inquiry, or fail to perform any act hereunder required to be performed.

(t) Whoever, with intent to avoid, evade, prevent, or obstruct compliance in whole or in part, by any person with any investigative demand made under this section, wilfully removes from any place, conceals, withholds, destroys, mutilates, alters, or by any other means falsifies any documentary evidence in the possession, custody, or control of any person which is the subject of any such demand duly served upon any person shall be fined not more than $5,000 or imprisoned not more than one year, or both. Any person wilfully failing to comply with a subpoena issued pursuant to subsection (r) of this section shall be fined not more than $1,000 or imprisoned not more than one year, or both.

(u) Nothing in this section shall impair the authority of the attorney general or the attorney general's representatives to lay before any grand jury impaneled before any circuit court of this State any evidence concerning any alleged violation of this chapter, invoke the power of any such court to compel the production of any evidence before any such grand jury, or institute any proceeding for the enforcement of any order or process issued in execution of such power, or to punish disobedience of any such order or process by any person.

(v) As used in this section the term "documentary material" includes the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document.

(w) All public officers, their deputies, assistants, clerks, subordinates, and employees shall render and furnish to the attorney general, the attorney general's deputy, or other designated representatives when so requested, all information and assistance in their possession or within their power.

(x) Any officer participating in the inquiry and any person examined as a witness upon the inquiry who wilfully discloses to any person other than the attorney general the name of any witness examined or any other information obtained upon the inquiry, except as so directed by the attorney general shall be punishable by a fine of not more than $1,000 or imprisonment for not more than one year, or both.

(y) The enumeration and specification of various processes do not preclude or limit the use of processes under the Hawaii rules of civil procedure but are deemed to be supplementary to the rules or the use of any other lawful investigative methods which are available. [L 1961, c 190, §16; am L 1963, c 193, §60; Supp, §205A-16; HRS §480-18; am L 1970, c 188, §39; gen ch 1985]
Haw. Rev. Stat. § 489D-4 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-4
Definitions.
Status: in_force

For purposes of this chapter:

"Acting in concert" means individuals knowingly acting together with a common goal of jointly acquiring control of a licensee whether or not pursuant to an express agreement.

"Applicant" means a person filing an application for a license under this chapter.

"Authorized delegate" means an entity designated by the licensee under this chapter to sell or issue payment instruments or engage in the business of transmitting money on behalf of a licensee.

"Commissioner" means the commissioner of financial institutions.

"Control" means:

(1) Ownership of, or the power to vote, twenty-five per cent or more of the outstanding voting securities or voting interests of a licensee or person in control. For purposes of determining the percentage of a licensee controlled by any person, there shall be aggregated with the person in control's interest, the interest of any other person controlled by the person, including any spouse, parent, child, sibling, and any other person who shares the person's home ;

(2) The power to elect or appoint a majority of key individuals of a licensee; and

(3) The power to exercise directly or indirectly a controlling influence over the management or policies of a licensee or person in control of a licensee.

"Division" means the division of financial institutions within the department of commerce and consumer affairs.

"Electronic instrument" means a card or other tangible object, or an electronic or mobile wallet, for the transmission or payment of money, including a stored value card or device, which contains a microprocessor chip, magnetic stripe, or other means for the storage of information, that is prefunded and for which the value is decremented upon each use. "Electronic instrument" does not include a card or other tangible object that is redeemable by the issuer in goods or services.

"Executive officer" means a president, chairperson of an executive committee, senior officer responsible for the licensee's business, chief financial officer, or any other person who performs similar functions related to the licensee.

"Individual" means a natural person.

"Key individual" means any individual ultimately responsible for establishing or directing policies and procedures of the licensee, such as an executive officer, manager, director, or trustee.

"License" means a license under this chapter.

"Licensee" means a person licensed under this chapter.

"Material litigation" means any litigation that, according to generally accepted accounting principles, is deemed significant to an applicant's or licensee's financial health and would be required to be referenced in the applicant's or licensee's annual audited financial statements, report to shareholders, or similar documents.

"Monetary value" means a medium of exchange, whether or not redeemable in money.

"Money" means a medium of exchange that is authorized or adopted by the United States or a foreign government.

"Money transmission" means to engage in the business of:

(1) Selling or issuing payment instruments in the State;

(2) Selling or issuing stored value to a person located in the State; or

(3) Receiving money or monetary value for transmission from a person located in the State.

Money transmission does not apply to courier services.

"NMLS" means a multi-state licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the state licensing and registration of state-licensed financial services providers.

"Outstanding money transmission obligation" means:

(1) Any payment instrument or stored value issued by the licensee that has been sold in the United States:

(A) Directly by the licensee; or

(B) By an authorized delegate of the licensee in the United States, which has been reported to the licensee as having been sold,

and that has not yet been paid by or for the licensee; and

(2) All other outstanding money transmission obligations of the licensee issued in the United States.

"Passive investor" means a person who:

(1) Does not have the power to elect a majority of key individuals;

(2) Is not employed by and does not have any managerial duties of the licensee or person in control of a licensee;

(3) Does not have the power to exercise directly or indirectly a controlling influence over the management or policies of a licensee or person in control of a licensee; and

(4) Either:

(A) Attests to paragraphs (1), (2), and (3) in a form prescribed by the commissioner; or

(B) Commits to the passivity characteristics of paragraphs (1), (2), and (3) in a written document.

"Payment instrument" means any electronic or written check, draft, money order, traveler's check, or other electronic instrument or written instrument or order for the transmission or payment of money, sold or issued to one or more persons, whether the instrument is negotiable. The term "payment instrument" does not include any stored value card, any letter of credit, or any instrument that is redeemable by the issuer in goods or services.

"Permissible investments" means:

(1) Cash;

(2) Certificates of deposit or other debt obligations of a financial institution, either domestic or foreign;

(3) Bills of exchange or time drafts drawn on and accepted by a commercial bank, known as bankers' acceptances, that are eligible for purchase by member banks of the Federal Reserve System;

(4) Any investment bearing a rating of one of the three highest grades as defined by a nationally recognized organization that rates securities;

(5) Investment securities that are obligations of the United States, its agencies, or its instrumentalities, obligations that are guaranteed fully as to principal and interest by the United States, or any obligations of any state, municipality, or any political subdivision thereof;

(6) Shares in a money market mutual fund, interest-bearing bills, notes, or bonds, debentures or stock traded on any national securities exchange or on a national over-the-counter market, mutual funds primarily composed of these securities, or a fund composed of one or more permissible investments as set forth in paragraphs (1) to (5);

(7) Any demand borrowing agreement or agreements made with a corporation or a subsidiary of a corporation whose capital stock is listed on a national exchange;

(8) Receivables that are due to a licensee from its authorized delegates pursuant to a contract under section 489D-21, that are not past due or doubtful of collection; or

(9) Any other investments or security device approved by the commissioner.

"Person" means any individual, partnership, limited liability company, association, joint-stock association, trust, corporation, or other entity, however organized.

"Principal" means any person, or group of persons acting in concert, who exercises control over or has a twenty-five per cent ownership interest or more in an applicant or licensee under this chapter. "Principal" also includes a manager and key individual.

"Receiving money or monetary value for transmission" or "money or monetary value in connection with money transmission" means receiving money or monetary value in the United States for transmission within or outside the United States by electronic or other means.

"Remit" means:

(1) To make direct payment of the funds to the licensee or its representatives authorized to receive those funds; or

(2) To deposit the funds in a bank, credit union, savings and loan association, savings bank, financial services loan company, or other similar financial institution in an account specified by the licensee.

"Stored value" means monetary value that represents a claim against the issuer evidenced by an electronic or digital record and that is intended and accepted for use as a means of redemption for money or monetary value, or payment for goods or services. "Stored value" includes but is not limited to "prepaid access" as defined by title 31 Code of Federal Regulations section 1010.100, as may be amended or recodified. Notwithstanding the foregoing, "stored value" does not include a payment instrument or closed loop stored value, or stored value not sold to the public but issued and distributed as part of a loyalty, rewards, or promotional program.

"Tangible net worth" means the aggregate assets of a licensee excluding all intangible assets, less liabilities, as determined in accordance with United States generally accepted accounting principles. [L 2006, c 153, pt of §1; am L 2008, c 19, §77 and c 195, §§2, 3; am L 2013, c 167, §2; am L 2017, c 45, §1 ; am L 2021, c 108, §4 ; am L 2023, c 183, §1]
Haw. Rev. Stat. § 476-3 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-3
General requirements of credit sale contracts.
Status: reserved

(a) Every credit sale contract shall:

(1) Be in writing;

(2) Contain, incorporate by reference, or otherwise clearly refer to all the agreement of the parties; provided that if a portion of the agreements are to be filed or recorded with any governmental agency, it may be contained in a separate part; and

(3) Be signed by the parties; provided that if a portion of the agreements is contained in a separate part, the separate part shall be separately signed. If the contract provides for the extension of open-end credit, it shall be deemed to have been signed by the buyer if the buyer has signed an application for the open-end credit plan and, after receipt from the seller of a copy of the contract, has made purchases under the plan. The parties' signatures shall be made by use of any name, including any trade or assumed name, upon the credit sale contract, or by any word or mark used in lieu of a written signature.

(b) The contract may provide for purchases to be made by the buyer from time to time and shall be effective as to such purchases. If the contract provides for purchases to be made from time to time, the sales slip or other written statement or evidence with respect to each purchase shall be furnished to the buyer promptly following each purchase and shall set forth the amount and date of the transaction and the seller's name or trade name.

(c) The printed, handwritten, or typewritten portion of the contract shall be in a size at least equivalent to eight-point type. The contract shall contain, in a size and style equal at least to ten-point bold type if printed, upper case elite type if typewritten and equivalent thereto if handwritten, the words, "CREDIT SALE CONTRACT" both at the top of the contract and directly above the space reserved for the signature of the buyer.

(d) Immediately above the words "CREDIT SALE CONTRACT" where they appear directly above the space reserved for the signature of the buyer there shall appear a notice substantially similar to the following:

"NOTICE TO THE BUYER: Do not sign this contract before you read it. When you sign this contract, you are entitled to a copy of it that is filled in, in every necessary respect. You should keep it. This contract is covered by Hawaii's credit sale law, and you have the rights of a buyer under that law. You also may have rights under other state and federal laws."

(e) The contract shall contain the names or trade names of the parties and their respective places of business or residence or their mailing addresses. If the contract does not provide for purchases to be made from time to time, either the contract, or the sales slip, or other written statement or evidence of the purchase required to be furnished to the buyer under this section, shall contain an indication of the types or a description of the goods, services, or both. [L 1961, c 102, pt of §1; am L 1963, c 68, §2; Supp, §201A-2; am L 1967, c 285, §2; HRS §476-2; am L 1969, c 131, §1; am L 1976, c 32, §2; am and ren L 1984, c 86, pt of §1]
Haw. Rev. Stat. § 486-118.5 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-118.5
Ni‛ihau shells; representing content.
Status: in_force

(a) For the purposes of this section, "Ni‛ihau shells" means seashells harvested from the island of Ni‛ihau, its waters, or its beaches.

(b) Except as provided herein, no person shall offer, display, expose for sale, or solicit for sale any product or jewelry item fabricated, processed, or manufactured with seashells, that is described, labeled, or identified using the term "Ni‘ihau" or "Niihau", either alone or in conjunction with other words, or in a trade or brand name, unless:

(1) One hundred per cent of all shells in the product or jewelry item are Ni‛ihau shells; and

(2) The product or jewelry item is fabricated, processed, or manufactured entirely within this State.

(c) Any product or jewelry item that consists of at least eighty per cent Ni‛ihau shells, by count, and that meets the requirement of subsection (b)(2), may be described, labeled, or identified using the term "contains", followed immediately by the nearest whole number representing the percentage of Ni‛ihau shells, by count, contained in the product or jewelry item, followed by the term, "% Ni‛ihau shells" or "% Niihau shells". [L 2004, c 91, §1]
Haw. Rev. Stat. § 481F-8 — HI Code / Division 2 / Title 26 / Chapter 481F / Section 481F-8
Action for injunction and civil penalties.
Status: in_force

(a) Civil actions to enjoin violations of this chapter may be prosecuted in circuit court by the attorney general, the office of consumer protection, any county prosecuting attorney, or any person acting in the person's own interest, or in the interest of the members of a corporation or association, or in the interest of the general public.

(b) Any seller of print multiples who violates section 481F-7(a) may be liable for a civil penalty of not less than $500 nor more than $2,500 for each violation, or any seller of print multiples who violates section 481F-7(b) may be liable for a civil penalty of not less than $500 nor more than $10,000 for each violation, which may be recovered in a civil action prosecuted by the attorney general, the office of consumer protection, or any county prosecuting attorney.

(c) In civil actions brought under this section by the attorney general, the office of consumer protection, or any county prosecuting attorney, the court may include in its orders or judgments such provisions as may be necessary to effect restitution in accordance with section 487-14.

(d) Any action to enforce a cause of action arising under this chapter shall be barred unless commenced within one year after discovery of the violation upon which it is based and in no event more than three years after the print was sold. [L 1986, c 194, pt of §2]
Haw. Rev. Stat. § 480-23 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-23
Immunity from prosecution.
Status: in_force

(a) If, in any investigation brought by the attorney general pursuant to section 480-18, a person refuses, on the basis of the person's privilege against self-incrimination, to attend, to testify or produce a record, document, or other object in an official proceeding conducted under this chapter, and that person is informed of an order issued under section 480-23.1, that person may not refuse to comply with the order on the basis of the person's privilege against self-incrimination.

(b) No individual shall be criminally prosecuted or subjected to any criminal penalty under this chapter for or on account of any transaction, matter, evidence, or thing concerning which the individual may so testify or produce in any investigation brought by the attorney general pursuant to section 480-18, or any county attorney, corporation counsel, or prosecuting attorney of any county, when the individual has done so pursuant to an order issued under section 480-23.1; provided that no individual so testifying shall be exempt from prosecution or punishment for perjury, for giving a false statement, or for an offense involving a failure to comply with the order. [L 1961, c 190, §21; Supp, §205A-21; HRS §480-23; am L 1980, c 173, §2; gen ch 1985; am L 2008, c 19, §8]
Haw. Rev. Stat. § 486-6 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-6
General powers and duties of board.
Status: in_force

The board shall have the custody of the state measurement standards including the other standards and equipment provided for by this chapter, and shall keep accurate records of the same. The board shall maintain such standards in a protective environment, as appropriate to such standards, and through the administrator and inspectors, shall enforce this chapter. The board shall have and maintain general supervision over the measurement standards proposed, established, or in use, and measures and measurement standards offered for sale, sold, or in use in the State.
Haw. Rev. Stat. § 480-3.3 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-3.3
Endless chain schemes.
Status: in_force

A person engages in an unfair method of competition and an unfair or deceptive act or practice within the meaning of section 480-2 when, in the conduct of any trade or commerce, the person contrives, prepares, sets up, proposes, or operates any endless chain scheme. As used in this section, an endless chain scheme means any scheme for the disposal or distribution of property whereby a participant pays a valuable consideration for the chance to receive compensation for introducing one or more additional persons into participation in the scheme, or for the chance to receive compensation when a person introduced by the participant introduces a new participant. Compensation, as used in this section, does not mean or include payments based upon sales made to persons who are not participants in the scheme and who are not purchasing in order to participate in the scheme.
Haw. Rev. Stat. § 489D-22 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-22
Authorized delegate; conduct.
Status: in_force

(a) An authorized delegate of a licensee shall not make any fraudulent or false statement or misrepresentation to a licensee or to the commissioner.

(b) All money transmissions, sales, or issuances of payment instruments conducted by authorized delegates shall be in accordance with the licensee's written procedures provided to the authorized delegate and shall comply with all applicable federal and state laws, rules, and regulations.

(c) An authorized delegate shall remit all money owing to the licensee in accordance with the terms of the contract between the licensee and the authorized delegate. The commissioner shall have the discretion to set, by rule, adopted pursuant to chapter 91, the maximum remittance time.

(d) An authorized delegate is deemed to consent to the commissioner's inspection, with or without prior notice to the licensee or authorized delegate, of the books and records of the authorized delegate when the commissioner has a reasonable basis to believe that the licensee or delegate is not in compliance with this chapter.

(e) An authorized delegate is under a duty to act only as authorized under the contract with the licensee. An authorized delegate that exceeds its authority is subject to cancellation of the delegate's contract and further disciplinary action by the commissioner.

(f) All funds, except fees, received by an authorized delegate from the sale or delivery of a payment instrument issued by a licensee or received by the delegate for transmission, from the time the funds are received by the delegate until the time when the funds or an equivalent amount are remitted by the delegate to the licensee, shall constitute trust funds owned by and belonging to the licensee. If an authorized delegate commingles any trust funds with any other funds or property owned or controlled by the delegate, all commingled funds and other property of the delegate shall be impressed with a trust in favor of the licensee in an amount equal to the amount of the proceeds due to the licensee.

(g) An authorized delegate shall report to the licensee the theft or loss of payment instruments within twenty-four hours from the time the delegate knew or should have known of the theft or loss. [L 2006, c 153, pt of §1; am L 2008, c 195, §13]
Haw. Rev. Stat. § 478-11.5 — HI Code / Division 2 / Title 26 / Chapter 478 / Section 478-11.5
Credit cards.
Status: in_force

(a) With regard to every credit card issuer wherever located and a customer who is a resident of this State and who is given the opportunity to enter into a credit card plan, every solicitation and application for the credit card plan shall set forth all of the following:

(1) The initial simple interest numerical periodic rate and any fee or charge payable by the cardholder, directly or indirectly, as an incident to or a condition of the extension of credit, or if the rate or fee may vary, a statement that it may do so and the circumstances under which it may increase and the effects of the increase;

(2) The date or occasion upon which the interest begins to accrue;

(3) Whether any annual fee is charged and the amount of the fee;

(4) Any minimum, fixed, transaction, activity, or similar charge that could be imposed; and

(5) That charges incurred by the use of a charge card are due and payable upon receipt of a periodic statement of charges, if applicable. For purposes of this paragraph, the term "charge card" means any card, plate, or other device pursuant to which the charge card issuer extends credit that is not subject to a finance charge and where the charge cardholder cannot automatically access credit that is repayable in installments.

(b) With respect to any credit card agreement, in no case shall it be deemed unlawful to stipulate by written contract for any amount of interest, except that the simple interest numerical periodic rate shall not exceed eighteen per cent per year. Prior to charging any fee or charge, the credit card issuer shall disclose the fee or charge to the credit cardholder in the credit card agreement or in an amendment to the credit card agreement.

As used in this subsection, "interest" means the simple interest numerical periodic rate and any other fee, charge, or payment, directly or indirectly charged or received as an incident to or a condition of an extension of credit under a credit card agreement, including but not limited to:

(1) A currency exchange conversion fee;

(2) A late fee;

(3) A creditor-imposed "not sufficient funds" fee charged when a borrower tenders payment on a debt with a check drawn on insufficient funds;

(4) An over-the-credit limit fee;

(5) An annual fee or other periodic membership fee;

(6) A balance transfer fee;

(7) A cash advance fee; or

(8) A minimum finance charge. [L 1987, c 206, §1; am L 2006, c 307, §2]
Haw. Rev. Stat. § 481B-3 — HI Code / Division 2 / Title 26 / Chapter 481B / Section 481B-3
Certificate.
Status: in_force

The vocational rehabilitation section of the department of human services shall issue a numbered certificate to a disabled or handicapped person who will engage in the solicitation of goods or services by telephone.

The certificate shall certify that the applicant is a handicapped or disabled person, with a handicap or disability which constitutes a substantial permanent or semi-permanent handicap to employment. The certificate shall be good for one year and may be renewed.

No person in soliciting the sale of goods or services by telephone shall represent that the person is a disabled or handicapped person if the person does not have a certificate from the vocational rehabilitation section of the department of human services. [L 1969, c 213, pt of §1; am L 1970, c 105, §5; gen ch 1985; am L 1987, c 339, §4]
Haw. Rev. Stat. § 483-2 — HI Code / Division 2 / Title 26 / Chapter 483 / Section 483-2
Co-obligor not discharged when.
Status: in_force

A judgment against one or more of several obligors, or against one or more of joint, or of joint and several obligors shall not discharge a co-obligor who was not a party to the proceeding wherein the judgment was rendered.
Haw. Rev. Stat. § 482-8 — HI Code / Division 2 / Title 26 / Chapter 482 / Section 482-8
Revocation of trade name registration.
Status: in_force

(a) Any person claiming to be the owner of a trade name or mark whose common law rights are infringed upon, or any entity registered or authorized to transact business under the laws of this State whose common law right to its entity name are infringed upon, by a trade name for which a certificate of registration pursuant to this chapter has been issued to any other person may file a petition in the office of the director for the revocation of the registration of that trade name. The petition shall set forth the facts and authority supporting the claim that the petitioner has common law rights of ownership of the trade name, mark, or entity name, that these rights are being infringed upon by the other registered trade name that is confusingly similar to the petitioner's trade name, mark, or entity name, and that the certificate of registration should be revoked.

(b) Any person with a registered trade name in this State, or any entity registered or authorized to transact business under the laws of this State, claiming that another subsequently registered trade name is substantially identical to its registered trade name or entity name, respectively, may file a petition in the office of the director for the revocation of the registration of the subsequently registered trade name. The petition shall set forth the facts and authority supporting the claim that the petitioner's registered trade name or entity name is substantially identical to the subsequently registered trade name, the petitioner's trade name or entity name was registered before the subsequently registered trade name, and the registration of the subsequently registered trade name should be revoked.

(c) The petitioner, at the petitioner's expense, shall notify the registrant of the hearing in the manner prescribed by the director and section 91-9.5 and the registrant shall be given the opportunity for a hearing in accordance with chapter 91.

(d) After granting an opportunity for hearing to the petitioner and the registrant, the director shall grant or deny the petition for revocation, as the facts shall warrant. [L 1941, c 75, §1(7456-A); RL 1945, §9292; RL 1955, §204-8; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; HRS §482-8; am L 1980, c 26, §9; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985; am L 2001, c 15, §10; am L 2003, c 124, §89; am L 2008, c 108, §10]
Haw. Rev. Stat. § 481-4 — HI Code / Division 2 / Title 26 / Chapter 481 / Section 481-4
Purchase at forced or bankrupt sales.
Status: in_force

In establishing the cost of a given article or product to the distributor and vendor, the invoice cost of the article or product purchased at a forced, bankrupt, closeout sale or other sale outside of the ordinary channels of trade may not be used as a basis for justifying a price lower than one based upon the replacement costs as of date of the sale of the article or product replaced through the ordinary channels of trade, unless the article or product is kept separate from goods purchased in the ordinary channels of trade and unless the article or product is advertised and sold as merchandise purchased at a forced, bankrupt, closeout sale, or by means other than through the ordinary channels of trade, and the advertising shall state the conditions under which the goods were so purchased, and the quantity of the merchandise to be sold or offered for sale.
Haw. Rev. Stat. § 486-33 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-33
Injunction.
Status: in_force

In addition to any other remedy by law provided, the chairperson may apply to any court of competent jurisdiction for, and the court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating any provision of the respective parts of this chapter or the rules promulgated thereunder.
Haw. Rev. Stat. § 485A-603 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-603
Civil enforcement.
Status: in_force

(a) If the commissioner believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter or that a person has, is, or is about to engage in an act, practice, or course of business that materially aids a violation of this chapter or a rule adopted or order issued under this chapter, the commissioner may maintain an action in a court of competent jurisdiction to enjoin the act, practice, or course of business, and to enforce compliance with this chapter or a rule adopted or order issued under this chapter.

(b) In an action under this section and on a proper showing, the court may:

(1) Issue a permanent or temporary injunction, restraining order, or declaratory judgment;

(2) Order other appropriate or ancillary relief, which may include:

(A) An asset freeze, accounting, writ of attachment, writ of general or specific execution, and appointment of a receiver or conservator, that may be the commissioner, for the defendant or the defendant's assets;

(B) Ordering the commissioner to take charge and control of a defendant's property, including investment accounts and accounts in a depository institution, rents, and profits; to collect debts; and to acquire and dispose of property;

(C) Imposing a civil penalty up to $50,000 for a single violation;

(D) Ordering rescission, restitution, or disgorgement directed to a person that has engaged in an act, practice, or course of business constituting a violation of this chapter or the predecessor act or a rule adopted or order issued under this chapter or the predecessor act; and

(E) The payment of prejudgment and postjudgment interest;

(3) Order the payment of costs and reasonable attorney's fees; and

(4) Order such other relief as the court considers appropriate.

(c) The commissioner shall not be required to post a bond in an action or proceeding under this chapter.

(d) In an action under this section, the commissioner may apply for and on due showing be entitled to have issued by the court, a subpoena requiring forthwith the appearance of any defendant and the defendant's employees, salespersons, or agents and the production of documents, books, and records as may appear necessary for the hearing of such petition to testify and give evidence concerning the acts or conduct or things complained of in the application for the injunction. [L 2006, c 229, pt of §1]