Haw. Rev. Stat. § 468L-9 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-9
Injunctions.
Status: in_force

In any civil proceedings brought pursuant to this chapter, the court may also enjoin any activity that violates this chapter.
Haw. Rev. Stat. § 461-1 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-1
Definitions.
Status: in_force

For the purposes of this chapter:

"Advanced practice registered nurse" means a person licensed pursuant to section 457-8.5 and granted prescriptive authority pursuant to section 457-8.6.

"Auxiliary pharmacy personnel" means a person who works in a pharmacy assisting a registered pharmacist or registered pharmacy technician and who may perform the following:

(1) Retrieval tasks, such as retrieving prescriptions or files;

(2) Clerical tasks, such as data entry, typing labels, and maintaining patient profiles;

(3) Tasks such as selling prescriptions, telephoning, filing, and typing;

(4) Accounting tasks, such as recordkeeping, maintaining accounts receivables, third-party billing, and posting;

(5) Inventory control tasks, such as monitoring, pricing, dating, invoicing, stocking pharmacy, and preparing purchase orders; and

(6) Custodial tasks, such as helping maintain a clean and orderly pharmacy.

"Board" means the board of pharmacy of the State except where another meaning is clearly manifested by the context.

"Caregiver" means an individual who has an established personal or professional relationship with the individual at risk for an opioid overdose.

"CLIA-waived tests" means any test that is classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. 263a).

"Continuing education courses" means courses approved by the Accreditation Council for Pharmacy Education.

"Contraceptive supplies" means all United States Food and Drug Administration-approved self-administered hormonal contraceptives.

"Cosmetics", which includes "soap", "dentifrice", and "toilet article", means:

(1) Articles intended to be rubbed, poured, or sprinkled on, introduced into, or otherwise applied to the human body, or any part thereof, for cleansing, beautifying, or promoting attractiveness; and

(2) Articles intended for use as a component of any such articles.

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

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

"Drug" means:

(1) Articles recognized in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them;

(2) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in human beings or animals;

(3) Articles (other than food or clothing) intended to affect the structure or any function of the body of human beings or animals; and

(4) Articles intended for use as a component of any articles specified in paragraph (1), (2), or (3), above; provided that the term "drug" shall not include devices or their components, parts, or accessories, cosmetics, or liquor as defined in section 281-1.

"Emergency contraception" means a drug that:

(1) Is used postcoitally;

(2) Prevents pregnancy by delaying ovulation, preventing fertilization of an egg, or preventing implantation of an egg in a uterus; and

(3) Is approved by the United States Food and Drug Administration.

"Encumbered license" means a license issued by any state or territory of the United States for the practice of pharmacy which is revoked, suspended, or made probationary or conditional by the licensing or registering authority in the respective jurisdiction as a result of disciplinary action.

"End-user's external accessible device" means a commercially available computer, mobile phone, or other communications device that is able to receive electronic information transmitted from an external source and provide the electronic information in a form and format accessible to the individual.

"Family member" means an individual who can provide assistance and is related to the individual at risk for an opioid overdose.

"Institutional facility" means an organization or facility whose primary purpose is to provide a physical environment for patients to obtain health care services or at-home care services, and that uses the services of an on-site pharmacy, an off-site pharmacy, or a pharmacist contractor at which medication storage is managed by personnel of the facility. "Institutional facility" includes but is not limited to a:

(1) Hospital;

(2) Convalescent home;

(3) Skilled nursing facility;

(4) Intermediate care facility;

(5) Extended care facility;

(6) Rehabilitation center;

(7) Health maintenance organization clinic;

(8) Psychiatric center;

(9) Intellectual disability center;

(10) Penal institution;

(11) Hospice facility;

(12) Supervised living group; or

(13) Prescribing practitioner's office.

"Licensed physician" means a physician or osteopathic physician licensed by the Hawaii medical board pursuant to chapter 453.

"Medical oxygen" means the prescription drug oxygen.

"Medical oxygen distributor" means any person, including a prescription drug wholesale distributor, who distributes or dispenses medical oxygen pursuant to a prescription.

"Pharmacy" means every store, shop, or place:

(1) Where prescription drugs are dispensed or sold at retail, or displayed for sale at retail;

(2) Where practitioners' prescriptions or drug preparations are compounded;

(3) That has upon it, displayed within it, or affixed to or used in connection with it, a sign bearing the words "pharmacist", "pharmacy", "apothecary", "drug store", "druggist", "drugs", "medicines", "medicine store", "drug sundries", "remedies", or any words of similar or like import; or

(4) Where any of the above words or combination of words are used in any advertisement.

The term "pharmacy" shall not include any medical oxygen distributor.

"Practice of pharmacy" means:

(1) The interpretation and evaluation of prescription orders; the compounding, dispensing, and labeling of drugs and devices (except labeling by a manufacturer, packer, or distributor of nonprescription drugs and commercially legend drugs and devices); the participation in drug selection and drug utilization reviews; the proper and safe storage of drugs and devices and the maintenance of proper records therefor; the responsibility for advising when necessary or where regulated, of therapeutic values, content, hazards, and use of drugs and devices; and the interpretation and evaluation of prescription orders to adjust the supply dispensed for purposes of medication synchronization pursuant to section 431:10A-606, 432:1-621, or 432D-30;

(2) Performing the following procedures or functions as part of the care provided by and in concurrence with a health care facility and health care service as defined in section 323D-2; pharmacy; licensed physician, licensed physician assistant, or licensed advanced practice registered nurse with prescriptive authority; or managed care plan as defined in section 432E-1, in accordance with policies, procedures, or protocols developed collaboratively by health professionals, including physicians and surgeons, pharmacists, physician assistants, and registered nurses, and for which a pharmacist has received appropriate training required by these policies, procedures, or protocols:

(A) Ordering or performing routine drug therapy related patient assessment procedures;

(B) Ordering drug therapy related laboratory tests;

(C) Initiating emergency contraception oral drug therapy in accordance with a written collaborative agreement approved by the board, between a licensed physician, physician assistant, or advanced practice registered nurse with prescriptive authority and a pharmacist who has received appropriate training that includes programs approved by the Accreditation Council for Pharmacy Education (ACPE), curriculum-based programs from an ACPE-accredited college of pharmacy, state or local health department programs, or programs recognized by the board;

(D) Administering drugs orally, topically, by intranasal delivery, or by injection, pursuant to the order of the patient's licensed physician, physician assistant, or advanced practice registered nurse with prescriptive authority, by a pharmacist having appropriate training that includes programs approved by the ACPE, curriculum-based programs from an ACPE-accredited college of pharmacy, state or local health department programs, or programs recognized by the board;

(E) Administering immunizations orally, by injection, or by intranasal delivery, to persons three years of age or older by a pharmacist having appropriate training that includes programs approved by the ACPE, curriculum-based programs from an ACPE-accredited college of pharmacy, state or local health department programs, or programs recognized by the board pursuant to section 461-11.4;

(F) As authorized by the written instructions of a licensed physician, physician assistant, or advanced practice registered nurse with prescriptive authority, initiating or adjusting the drug regimen of a patient pursuant to an order or authorization made by the patient's licensed physician, physician assistant, or advanced practice registered nurse with prescriptive authority and related to the condition for which the patient has been seen by the licensed physician, physician assistant, or advanced practice registered nurse with prescriptive authority; provided that the pharmacist shall issue written notification to the patient's licensed physician, physician assistant, or advanced practice registered nurse with prescriptive authority or enter the appropriate information in an electronic patient record system shared by the licensed physician, physician assistant, or advanced practice registered nurse with prescriptive authority, within twenty-four hours;

(G) Transmitting a valid prescription to another pharmacist for the purpose of filling or dispensing;

(H) Providing consultation, information, or education to patients and health care professionals based on the pharmacist's training and for which no other licensure is required; or

(I) Prescribing and dispensing an opioid antagonist pursuant to section 461-11.8;

(3) The offering or performing of those acts, services, operations, or transactions necessary in the conduct, operation, management, and control of pharmacy;

(4) Prescribing and dispensing contraceptive supplies pursuant to section 461-11.6; and

(5) Notwithstanding any other law to the contrary, and in accordance with the requirements of section 461-11.2, ordering, performing, and reporting the results of the following CLIA-waived tests:

(A) Blood glucose;

(B) Hemoglobin A1C;

(C) Hepatitis C;

(D) Human immunodeficiency virus;

(E) Influenza;

(F) Respiratory syncytial virus;

(G) SARS-CoV-2; or

(H) Streptococcal pharyngitis.

"Practitioner" means an individual licensed by the State or authorized by the laws of the State to prescribe prescription drugs within the scope of the person's practice.

"Prescription" means an order or formula issued by a practitioner licensed by the State or authorized by the laws of the State to prescribe prescription drugs within the scope of the practitioner's practice, for the compounding or dispensing of drugs or an order or formula issued by an out-of-state practitioner in compliance with chapter 328.

"Prescription drug" means any drug dispensed, distributed, or sold pursuant to a practitioner's order.

"Prescription drug reader" means a dedicated electronic device that is able to obtain information from an electronic label affixed to a container of prescription drugs and provide the information in an audio format accessible to the individual.

"Registered pharmacist" means a person licensed under this chapter to practice in a pharmacy except where another meaning is clearly manifested by the context.

"Registered pharmacy technician" means a person, exclusive of pharmacy interns and auxiliary pharmacy personnel, with a certificate of registration issued by the board pursuant to section 461-9.5, who may, in addition to the tasks of an auxiliary pharmacy personnel, perform filling, packaging, manipulative, repetitive, or other nondiscretionary tasks, and tasks specified in section 461-11.4, only while assisting and while under the supervision and control of a registered pharmacist.

"Remote dispensing machine" means a device used for dispensing unit-of-use drugs that is operated using information technologies and is located in a remote dispensing pharmacy.

"Remote dispensing pharmacy" means the area in an institutional facility, including a federally qualified health center that provides outpatient medical care in any county, where prescription drugs are dispensed through the use of a remote dispensing machine.

"Supervision" means the direction and oversight of a registered pharmacy technician or pharmacy intern by a responsible registered pharmacist at all times when the registered pharmacy technician or pharmacy intern performs acts specified in this chapter or rules adopted pursuant to this chapter.

"Territory" means Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, or American Samoa.

"Unit of use container" means one that contains a specific quantity of a drug product and that is intended to be dispensed as such without further modification except for the addition of appropriate labeling. A unit of use container is labeled as such. [L 1949, c 175, pt of §1; RL 1955, §71-1; am L 1964, c 15, §4; HRS §461-1; am L 1986, c 143, §4; am L 1987, c 188, §1; am L 1995, c 34, §1; am L 1996, c 202, §11; am L 1997, c 214, §8; am L 2000, c 83, §6; am L 2002, c 256, §2; am L 2003, c 201, §2; am L 2004, c 165, §2, c 190, §§6, 11 and c 239, §1; am L 2008, c 9, §3 and c 212, §§3, 7; am L 2009, c 11, §62 and c 96, §3; am L 2010, c 50, §2 and c 51, §2; am L 2011, c 220, §12; am L 2012, c 24, §2 and c 42, §3; am L 2013, c 184, §2; am L 2015, c 36, §1; am L 2016, c 68, §3 and c 183, §9; am L 2017, c 67, §5 and c 68, §2; am L 2018, c 154 §3 and c 197, §5; am L 2022, c 293, §12; am L 2023, c 103, §3 and c 256, §3; am L 2024, c 104, §2; am L 2025, c 93, §2]
Haw. Rev. Stat. § 467B-1.5 — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B-1.5
Professional solicitors; required disclosures.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below. L 2025, c 108, §§10, 13. ] (a) Every professional solicitor, and every employee or agent thereof, who solicits contributions from a prospective donor or contributor in this State shall at the outset of any oral or written request for a contribution:

(1) Identify themselves by their true surname and first name, and the name of their employer or the contractor as the case may be, that is compensating the individual making the solicitation;

(2) Identify the name of the professional solicitor registered with the department of the attorney general that has contracted with the charitable organization to provide the solicitation services and, if the individual is employed by a subcontractor, the name of the registered subcontractor;

(3) Disclose that the person making the oral or written request for a donation is being paid to make such solicitation and the name of the charitable organization on whose behalf the person making the request is soliciting; and

(4) Disclose, orally and in writing, the fact that a copy of the professional solicitor's registration data and financial reports are available from the department of the attorney general.

(b) A professional solicitor who makes an oral solicitation by telephone, door-to-door, or otherwise, prior to collecting or attempting to collect any contribution, shall provide a written confirmation of the expected contribution and clearly disclose that the contribution is not tax-deductible, if applicable, or, if the professional solicitor maintains that the contribution is tax-deductible in whole or in part, the portion of the contribution that the professional solicitor maintains is tax-deductible. The written confirmation shall also conspicuously disclose the name and current address of the registered professional solicitor. [L 2006, c 168, §1; am L 2016, c 163, §2]

§467B-1.5 Professional solicitors and charitable fundraising platforms; required disclosures . [Section effective July 1, 2026. For section effective until June 30, 2026, see above. L 2025, c 108, §§10, 13. ] (a) Every professional solicitor, charitable fundraising platform, and every employee or agent thereof, who solicits contributions from a prospective donor or contributor in this State shall at the outset of any oral or written request for a contribution:

(1) Identify themselves by their true surname and first name, and the name of their employer or the contractor as the case may be, that is compensating the individual making the solicitation;

(2) Identify the name of the professional solicitor or charitable fundraising platform registered with the department that has contracted with the charitable organization to provide the solicitation services and, if the individual is employed by a subcontractor, the name of the registered subcontractor;

(3) Disclose that the person making the oral or written request for a donation is being paid to make the solicitation and the name of the charitable organization on whose behalf the person making the request is soliciting; and

(4) Disclose, orally and in writing, the fact that a copy of the professional solicitor's or charitable fundraising platform's registration data and financial reports are available from the department.

(b) A professional solicitor who makes an oral solicitation by telephone, door-to-door, or otherwise, before collecting or attempting to collect any contribution, shall provide a written confirmation of the expected contribution and clearly disclose that the contribution is not tax-deductible, if applicable, or, if the professional solicitor maintains that the contribution is tax-deductible in whole or in part, the portion of the contribution that the professional solicitor maintains is tax-deductible. The written confirmation shall also conspicuously disclose the name and current address of the registered professional solicitor. [L 2006, c 168, §1; am L 2016, c 163, §2; am L 2024, c 205, §3; am L 2025, c 108, §4]
Haw. Rev. Stat. § 444-10 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-10
Investigation permitted.
Status: in_force

The contractors license board may investigate, classify, and qualify applicants for contractors licenses.
Haw. Rev. Stat. § 461-18 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-18
Right of injunction.
Status: in_force

The department may, in addition to any other remedies available, apply to a court having competent jurisdiction for an injunction to restrain any violation of this chapter.
Haw. Rev. Stat. § 468M-4 — HI Code / Division 2 / Title 25 / Chapter 468M / Section 468M-4
Payment provision.
Status: in_force

Unless the express written contract has a provision to the contrary, payment shall be due and payable thirty days from the date of invoice.
Haw. Rev. Stat. § 449-1.6 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-1.6
Name of escrow depository.
Status: in_force

The name of every escrow depository licensed to engage in business in this State shall be subject to the approval of the commissioner, and shall have the following characteristics:

(1) It shall be unique;

(2) It shall not be confusing or likely to mislead the public into believing that the escrow depository is related to or part of another company, if it is not so related;

(3) It shall contain the words "escrow" or "escrow depository"; and

(4) It may but need not contain the words "Corporation", "Incorporated", "Corp.", "Inc.", "Limited" or "Ltd.".

This section shall not apply to escrow depositories which were licensed on January 1, 1992. Where an escrow depository that is not required to comply with this section is subsequently sold or acquired, the commissioner may require the acquired company to comply with this section. [L 1992, c 205, pt of §1]
Haw. Rev. Stat. § 437-28 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-28
Suspension; revocation; fine; denial of issuance or renewal of a license.
Status: in_force

(a) In addition to any other actions authorized by law, the board, after notice and hearing as provided in chapter 91, and subject to appeal to the circuit court of the circuit in which the board has jurisdiction under the procedure and rules prescribed by the laws of the State or the applicable rules of the courts pertaining to appeals to circuit courts, may suspend, revoke, fine, or deny the renewal of any license, or prior to notice and hearing deny the issuance of any license for any cause authorized by law, including but not limited to circumstances where the board finds that the applicant or holder, or any officer, director, general manager, trustee, partner, or stockholder owning more than ten per cent interest of the applicant or holder:

(1) Has intentionally made a false statement of a material fact in the application for a license or in any other statement required by this chapter or has obtained or attempted to obtain a license by fraud or misrepresentation;

(2) Has failed to comply with, observe, or adhere to any provision of this chapter or any other law relating to the sale, taxing, or licensing of motor vehicles or any rule or order made pursuant to this chapter;

(3) Has committed a fraudulent act in selling, purchasing, or otherwise dealing in motor vehicles or has misrepresented the terms and conditions of a sale, purchase, or contract for sale or purchase of a motor vehicle or any interest therein including an option to purchase motor vehicles;

(4) Has engaged in business under a past or present license issued pursuant to this chapter, in a manner as to cause injury to the public or to those with whom one is dealing;

(5) Has failed to comply with, observe, or adhere to any law in any other respect so that the board deems the applicant or holder to be an unfit or improper person to hold a license;

(6) Has failed to meet or maintain the conditions and requirements necessary to qualify for the issuance of a license;

(7) Is insolvent, has filed or is the subject of a petition for bankruptcy, wage earner's plan, or financial reorganization plan, or has made or proposes to make an assignment for benefit of creditors;

(8) Is not at least eighteen years of age, or in the case of a partnership applicant or holder of a license, if any general or limited partner is not at least eighteen years of age;

(9) Has charged more than the legal rate of interest on the sale, purchase, or attempted sale or purchase, or in arranging the sale or purchase of a motor vehicle or any interest therein including an option to purchase;

(10) Has violated any law pertaining to false advertising or to credit sales in the offering, soliciting, selling, purchasing, or arranging to sell or purchase a motor vehicle or any interest therein;

(11) Has wilfully failed or refused to perform any unequivocal and indisputable obligation under any written agreement involving the sale or purchase of a motor vehicle or any interest therein, including an option to purchase;

(12) Has been denied the issuance of a license under this chapter for substantial culpable cause or has had a license issued under this chapter suspended, revoked, or the renewal thereof denied for substantial culpable cause;

(13) Has entered, has attempted to enter, or proposes to enter into any contract or agreement contrary to this chapter or any rule adopted thereunder;

(14) Has been, is engaged, or proposes to engage in the business of selling new motor vehicles as a dealer or auction without a proper franchise therefor;

(15) Has at any time employed, utilized, or attempted or proposed to employ or utilize any person not licensed under this chapter who is required to be so licensed;

(16) Has entered or attempted to enter any one-payment contract where the contract is required to be signed by the purchaser prior to removal of the motor vehicle for test driving from the seller's premises;

(17) Is a salesperson or dealer and:

(A) Has required a purchaser of a motor vehicle as a condition of sale and delivery, to purchase special features, appliances, accessories, or equipment not desired or requested by the purchaser; provided that this prohibition shall not apply as to special features, appliances, accessories, or equipment which are ordinarily installed on the vehicle when received or acquired by the dealer;

(B) Has represented and sold as an unused motor vehicle any motor vehicle which has been leased or operated as a demonstrator or U-drive motor vehicle;

(C) Has sold a new motor vehicle without providing or securing for the purchaser the standard factory new car warranty for the vehicle unless the dealer or salesperson clearly notes in writing on the sales contract that the new motor vehicle is sold without the standard factory warranty;

(D) Has sold a new motor vehicle covered by a standard factory warranty without informing the purchaser in writing that any repairs or other work necessary on any accessories which were not installed by the manufacturer of the vehicle may not be obtainable in a geographic location other than where the purchase occurred; provided that the notice required by this section shall conform to the plain language requirements of section 487A-1, regardless of the dollar amount of the transaction;

(E) Has engaged in any improper business conduct, including but not limited to employing, contracting with, or compensating consumer consultants; or

(F) Has sold or leased a new or used motor vehicle, other than at auction, without written documentation upon which the salesperson or dealer shall appropriately indicate the type of sale, which both the customer and salesperson or dealer shall place their initials in the designated spaces prior to the signing of the contract of sale or lease and that contains the following provision printed legibly in at least fourteen point bold typeface:

"This (IS) (IS NOT) a door-to-door sale. There (IS A) (IS NO) 3-DAY RIGHT TO CANCEL on this purchase.

____ Customer's Initials ____ Salesperson's

or Dealer's Initials";

(18) Is an applicant or holder of a dealer's license and:

(A) Has sold or proposed to sell new motor vehicles without providing for the maintenance of a reasonable inventory of parts for new vehicles or without providing and maintaining adequate repair facilities and personnel for new vehicles at either the main licensed premises or at any branch location;

(B) Has employed or proposed to employ any salesperson who is not duly licensed under this chapter; or

(C) Has sold or proposed to sell new motor vehicles without being franchised therefor;

(19) Is an applicant or holder of an auction's license and has sold or proposed to sell new motor vehicles without being franchised therefor; or

(20) Is an applicant for a salesperson's license and:

(A) Does not intend to be employed as a salesperson for a licensed motor vehicle dealer; or

(B) Intends to be employed as a salesperson for more than one dealer;

(21) Being a manufacturer or distributor:

(A) Has required any dealer in the State to enter into any agreement with the manufacturer or distributor or any other party, to perform any act not required by or to refrain from performing any act not contrary to the reasonable requirements of the franchise agreement with the dealer, by threatening to cancel the franchise agreement or by threatening to refuse, at the expiration of the current franchise agreement, to enter into a new franchise agreement with the dealer;

(B) Has required any dealer in the State to enter into any agreement with the manufacturer or distributor or any other party, to perform any act not required by or to refrain from performing any act not contrary to the reasonable requirements of the franchise agreement with the dealer, by awarding or threatening to award a franchise to another person for the sale of the same make of any motor vehicle in the relevant market area of a dealer;

(C) Has canceled or failed to renew the franchise agreement of any dealer in the State without good faith, as defined herein. As used in this subparagraph, "good faith" means the duty of each party to any franchise agreement to fully comply with that agreement, or to act in a fair and equitable manner towards each other;

(D) Has delayed delivery of or refused to deliver without cause, any new motor vehicle to a dealer, franchised to sell the new motor vehicle, within a reasonable time after receipt of a written order for the vehicle from the dealer. The delivery to another dealer of a motor vehicle of the same model and similarly equipped as the vehicle ordered by a dealer who has not received delivery thereof, but who had placed the written order for the vehicle prior to the order of the dealer receiving the vehicle, shall be prima facie evidence of a delayed delivery of, or refusal to deliver, a new motor vehicle without cause. The nondelivery of a new motor vehicle to a dealer within sixty days after receipt of a written order for the vehicle from a dealer shall also be prima facie evidence of delayed delivery of, or refusal to deliver, a new motor vehicle without cause; provided that the delayed delivery of, or refusal to deliver, a motor vehicle shall be deemed with cause if the manufacturer establishes that the delay or refusal to deliver is due to a shortage or curtailment of material, labor, transportation, utility service, labor or production difficulty, or other similar cause beyond the reasonable control of the manufacturer;

(E) Has discriminated against any of their franchised dealers in the State by directly or indirectly charging the dealer more for a new motor vehicle or services, parts, or accessories or a higher rate of transportation for transporting the vehicle from the manufacturing or assembly plant to the dealer or any portion of the distance, than is charged to any other of their franchised dealers in the State for the same make, model, and year of a new motor vehicle or for the same devices, parts, or accessories for the similar transportation for the vehicle during the same period. A manufacturer or distributor who provides or causes to be provided greater transportation benefits for a new motor vehicle as aforesaid to any of their franchised dealers in the State than is provided to any of their competing franchised dealers in the State for the same or lesser price or charge than that imposed upon the franchised dealer in the State during the same period is deemed to have so discriminated against the competing franchised dealer in the State. Evidence of similar discriminatory practice against franchised dealers in other states shall not constitute a defense to or justification of the commission of the discriminatory act against the franchised dealer in the State. The intent and purpose of this subparagraph is to eliminate inequitable pricing policies set by manufacturers or distributors which result in higher prices of new motor vehicles to the consumer in the State. This subparagraph shall be liberally interpreted to effect its intent and purpose and in the application thereof, the substance and effect and not the form of the acts and transactions shall be primarily considered in determining whether a discriminatory act has been committed. Nothing contained in this subparagraph shall prohibit establishing delivered prices or destination charges to dealers in the State which reasonably reflect the seller's total transportation costs incurred in the manufacture or delivery of products to the dealers, including costs that are related to the geographical distances and modes of transportation involved in shipments to this State, or which meet those lower prices established by competitors;

(F) Has required a dealer of new motor vehicles in the State as a condition of sale and delivery of new motor vehicles to purchase special features, appliances, accessories, or equipment not desired or requested by the dealer; provided that this prohibition shall not apply to special features, appliances, accessories, or equipment, except heaters, that are regularly installed on that particular model or new motor vehicles as "standard" equipment or to special features, appliances, accessories, or equipment that are an integral part of the new motor vehicles and cannot be removed therefrom without substantial expense. Nothing in this subparagraph shall make it unlawful for a dealer to sell a vehicle that includes a heater that has been installed as standard equipment;

(G) Has failed to adequately and fairly compensate its dealers for labor incurred by the dealer to perform under and comply with manufacturer's warranty agreements. In no event shall any manufacturer or distributor pay its dealers a labor rate per hour for warranty work that is less than that charged by the dealer to the retail customers of the dealer nor shall the rates be more than the retail rates. All claims made by the dealers for compensation for delivery, preparation, and warranty work shall be paid within thirty days after approval and shall be approved or disapproved within thirty days after receipt. When any claim is disapproved, the dealer shall be notified in writing of the grounds for disapproval;

(H) Has wilfully failed to affix the vehicle bumper impact notice pursuant to section 437-4.5(a), or wilfully misstated any information in the notice. Each failure or misstatement is a separate offense;

(I) Has wilfully defaced, or removed the vehicle bumper impact notice required by section 437-4.5(a) prior to delivery of the vehicle to which the notice is required to be affixed to the registered owner or lessee. Each wilful defacement, alteration, or removal is a separate offense; or

(J) Has required a dealer to refrain from participation in the management of, investment in, or the acquisition of, any other line of new motor vehicle or related products; provided that the new motor vehicle dealer maintains a reasonable line of credit consistent with the requirements of section 437-7(d)(1) for each make or line of new motor vehicle, remains in compliance with reasonable facilities and other franchise requirements of the manufacturer or distributor, and makes no unauthorized change in the principal management of the dealer.

(b) For disregard of an order suspending a license pursuant to section 436B-23, the board may summarily take possession of and impound all motor vehicles belonging to or in the possession of the licensee whether or not the vehicles are situated upon the licensed premises, pending final action in this case or, without taking possession of the motor vehicles, may render them unusable; provided that the right of the board to take any action and any liens for towing or storage or otherwise arising from the action are subject to and subordinate to any security interest that has attached to the motor vehicles prior thereto, and the board, prior to taking any action, shall give notice thereof to any secured party whose security interest in the motor vehicles is known to the board or who, prior to any action by the board, had filed a financing statement covering the motor vehicles or had noted the lien on the legal ownership certificates thereof.

(c) Any fine imposed by the board after a hearing in accordance with chapter 91 shall be no less than $100 nor no more than $1,000 for each violation.

(d) In lieu of or in addition to the fine imposed under this section, the board may require the motor vehicle dealer to make restitution to the customer. Restitution may be imposed in lieu of a fine even though the amount may exceed the fine set forth in subsection (c). [L 1939, c 258, §11; RL 1945, §7373; am L 1951, c 90, pt of §1; RL 1955, §160-173; am L 1957, c 302, §1(20); am L 1961, c 59, §1(15); am L 1963, c 199, §1n; HRS §437-28; am L 1969, c 252, §4 and c 263, §1(16); am L 1970, c 87, §1; am L 1972, c 195, §1; am L 1973, c 129, §1(a) to (h); am L 1974, c 21, §1, c 89, §1, and c 205, §2(4); am L 1978, c 92, §3; am L 1980, c 62, §1; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1986, c 154, §2; am L 1987, c 283, §27; am L 1988, c 319, §1; am L 1992, c 109, §4 and c 202, §29; am L 1996, c 264, §10; am L 1997, c 44, §1 and c 85, §2; am L 1999, c 216, §2; am L 2003, c 126, §8; am L 2010, c 164, §6]
Haw. Rev. Stat. § 445-7 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-7
§§445-7 and 445-8 REPEALED.
Status: repealed

§§445-7 and 445-8 REPEALED. L 1990, c 164, §§6, 7.
Haw. Rev. Stat. § 466D-12 — HI Code / Division 2 / Title 25 / Chapter 466D / Section 466D-12
Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction requiring registration as a sex offender;
Status: in_force

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

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

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

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

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

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

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

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

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

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

(2) The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense. [L 2025, c 273, §27]
Haw. Rev. Stat. § 444-24 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-24
Injunction.
Status: in_force

The contractors license board may, in addition to any other remedies available, apply to a circuit judge for a preliminary or permanent injunction restraining any person from acting, or assuming to act, or advertising, as general engineering contractor, general building contractor, or specialty contractor, without a license previously obtained under and in compliance with this chapter and the rules and regulations of the board, and upon hearing and for cause shown, the judge may grant the preliminary or permanent injunction.
Haw. Rev. Stat. § 456-17 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-17
Fees.
Status: in_force

Subject to section 456-18, every notary public is entitled to demand and receive the following fees:

(1) For noting the protest of mercantile paper, $5;

(2) For each notice and certified copy of protest, $5;

(3) For noting any other protest, $5;

(4) For every notice thereof and certified copy of protest, $5;

(5) For every deposition or official certificate, $5;

(6) For the administration of oath, including the certificate of the oath, $5; for affixing the certificate of the oath to every duplicate original instrument beyond four, $2.50;

(7) For taking any acknowledgment, $5 for each party signing; for affixing to every duplicate original beyond one of any instrument acknowledged before the notary public, the notary public's certificate of the acknowledgment, $2.50 for each person making the acknowledgment; and

(8) For any of the foregoing notarial acts performed for a remotely located individual under section 456-23, other than affixing a notary public's certificate to a duplicate original, $25. [CC 1859, §1276; L 1888, pt of c 6; am L 1917, c 132, §1; RL 1925, §3183; RL 1935, §5209; am L 1935, c 147, §1; RL 1945, §7676; am L 1951, c 281, §1; RL 1955, §168-16; HRS §456-17; am L 1976, c 146, §3; am L 1985, c 154, §1; am L 1995, c 141, §3; am L 2020, c 54, §16; am L 2021, c 230, §16]
Haw. Rev. Stat. § 466D- — HI Code / Division 2 / Title 25 / Chapter 466D / Section 466D-
3] License required.
Status: in_force

(a) Except as specifically provided in this chapter, no person shall engage in the practice of respiratory care or use the title "licensed respiratory therapist" or "respiratory therapist" without a valid license issued pursuant to this chapter.

(b) Any person who violates this section shall be subject to a fine of not more than $1,000 for each separate offense. Each day of each violation shall constitute a separate offense. The director may initiate a civil action to collect the fine imposed under this section in accordance with rules adopted by the director. [L 2010, c 178, pt of §2]No person shall practice respiratory care under this chapter except under the order and qualified direction of a physician or an osteopathic physician licensed pursuant to chapter 453, a physician assistant licensed pursuant to chapter 453, or an advanced practice registered nurse licensed pursuant to chapter 457.
Haw. Rev. Stat. § 462A-8 — HI Code / Division 2 / Title 25 / Chapter 462A / Section 462A-8
Denial, suspension, or revocation.
Status: in_force

In addition to any other actions authorized by law, the director may deny the issuance of a license to any applicant, and may suspend or revoke the license of any pilot for any cause authorized by law, including but not limited to the following:

(1) Violation of this chapter or any rule adopted by the director;

(2) Loss, damage, or injury due to negligent pilotage;

(3) Habitual use of any substance rendering a pilot unfit to be entrusted with the charge of a vessel;

(4) Inability to physically or mentally perform the duties of a pilot;

(5) Failure to maintain active service as a pilot in the State;

(6) Procurement of a license through fraudulent misrepresentation or deceit;

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

(8) Violation of any law or rule intended to promote marine safety or protect navigational waters;

(9) Failure to report marine accidents in accordance with the rules of this chapter; or

(10) Failure to maintain a current and valid federal pilots license issued in accordance with title 46, United States Code, chapter 71. [L 1978, c 231, pt of §2; am L 1985, c 126, §7; am L 1987, c 283, §33; am L 1992, c 202, §145]
Haw. Rev. Stat. § 440G-10.1 — HI Code / Division 2 / Title 25 / Chapter 440G / Section 440G-10.1
Transfer of cable franchise.
Status: in_force

(a) No cable franchise, including the rights, privileges, and obligations thereof, may be assigned, sold, leased, encumbered, or otherwise transferred, voluntarily or involuntarily, directly or indirectly, including by transfer of control of any cable system, whether by change in ownership or otherwise, except upon written application to and approval by the director. The form of the application shall be prescribed by the director.

(b) Sections 440G-7 and 440G-8 shall apply to the transfer of cable franchises. [L 1987, c 301, §12]
Haw. Rev. Stat. § 461-11.6 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-11.6
Contraceptive supplies; authority to prescribe and dispense; requirements.
Status: in_force

(a) A pharmacist may prescribe and dispense contraceptive supplies to a patient regardless of whether the patient has evidence of a previous prescription for contraceptive supplies from a licensed physician, advanced practice registered nurse, or other primary care provider authorized to prescribe contraceptive supplies.

(b) A pharmacist who prescribes and dispenses contraceptive supplies pursuant to subsection (a) shall:

(1) Complete an Accreditation Council for Pharmacy Education program approved by the board related to prescribing contraceptive supplies;

(2) Provide a self-screening risk assessment tool that a patient shall complete before the pharmacist prescribes any contraceptive supplies; provided that the self-screening risk assessment tool shall be based on the current version of the United States Medical Eligibility Criteria for Contraceptive Use developed by the federal Centers for Disease Control and Prevention;

(3) Refer the patient to the patient's primary care provider upon prescribing and dispensing the contraceptive supplies; provided that if the patient does not have a primary care provider, the pharmacist shall advise the patient to consult a licensed physician, advanced practice registered nurse, or other primary care provider of the patient's choice;

(4) Provide the patient with a written record of the contraceptive supplies prescribed and dispensed and advise the patient to consult with a primary care provider of the patient's choice; and

(5) Dispense the contraceptive supplies to the patient as soon as practicable after the pharmacist issues the prescription.

(c) A pharmacist who prescribes and dispenses contraceptive supplies pursuant to subsection (a) shall not require a patient to schedule an appointment with the pharmacist for the prescribing or dispensing of contraceptive supplies. [L 2017, c 67, §2]
Haw. Rev. Stat. § 454M-10 — HI Code / Division 2 / Title 25 / Chapter 454M / Section 454M-10
Penalty.
Status: in_force

Any person who violates any provision of this chapter, rule adopted or order issued pursuant to this chapter, or agreement with the commissioner may be subject to an administrative fine of not more than $7,000 for each violation; provided that if the aggregate fine amount exceeds $7,000, $1,000 of the aggregate fine amount shall be deposited into the mortgage foreclosure dispute resolution special fund established pursuant to section 667-86.
Haw. Rev. Stat. § 448-3 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-3
Practice by unlicensed employee prohibited; penalty.
Status: in_force

(a) Except as provided in section 447-3, no person who manages or conducts as manager, proprietor, conductor, or otherwise a place where dental operations are performed, shall employ any person as operator in dental surgery or as a practitioner, or cause to permit any person to so act, who is not duly licensed to practice dentistry; provided that nothing in this chapter shall prohibit any unlicensed person from performing merely mechanical work upon inert matter in a dental laboratory.

(b) A duly licensed and registered dentist may employ auxiliary personnel, other than registered dental hygienists, to assist the dentist in the practice of dentistry. These employees shall be known as dental assistants and shall perform all duties assigned to them under the supervision, direction and responsibility of the dentist. Duties of the dental assistant and regulatory directives shall be delineated under rules which the board of dentistry may from time to time adopt.

(c) Any person violating this section shall be fined not less than $100 nor more than $1,000 for the first violation. Any person violating this section a second time shall be fined not less than $500 nor more than $2,000 and, in addition to the fine, the person's license shall be revoked. [L 1917, c 136, §3; am imp L 1920, c 7, §3; RL 1925, §1067; RL 1935, §982; RL 1945, §2153; RL 1955, §61-3; HRS §448-3; am L 1971, c 96, §1; gen ch 1985; am L 1986, c 217, §1; am L 2018, c 203, §4]
Haw. Rev. Stat. § 458-10 — HI Code / Division 2 / Title 25 / Chapter 458 / Section 458-10
Subpoenas, oaths.
Status: in_force

In all proceedings before the director, the director shall have the same powers respecting administering oaths, compelling the attendance of witnesses, and the production of documentary evidence, as are possessed by circuit courts. In case of disobedience by any person or persons of any order of the director or any subpoena issued by the director or of the refusal of any witness to testify to any matter regarding which the witness may be questioned lawfully, any circuit judge on application by the director shall compel obedience as in the case of disobedience of the requirements of a subpoena issued from a circuit court or a refusal to testify therein.
Haw. Rev. Stat. § 461-11.2 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-11.2
[ §461-11.
Status: in_force

[ §461-11.2] CLIA-waived tests; authority; permitting and education requirements; reporting. (a) Unless otherwise authorized by law, a pharmacist shall only exercise the authority granted under paragraph (5) of the definition of "practice of pharmacy" in section 461-1 to order, perform, and report the results of certain CLIA-waived tests:

(1) After completing appropriate training that includes programs approved by the Accreditation Council for Pharmacy Education, curriculum-based programs from an Accreditation Council for Pharmacy Education-accredited college of pharmacy, state or local health department programs, or programs recognized by the board, and any regulations promulgated by the federal Centers for Medicare and Medicaid Services; and

(2) Upon application for and receipt of a permit pursuant to the requirements of section 321-13.

(b) Any pharmacist performing a CLIA-waived test for a patient shall report the results of the test to a minor patient's pediatrician or an adult patient's primary care provider, if such information is provided by the patient at the time of testing. The pharmacist shall attempt to solicit pediatrician or primary care provider information at the time of performing the CLIA-waived test.

(c) For any CLIA-waived tests performed, pharmacists shall follow all applicable state laws and rules regarding the reporting of diseases. [L 2023, c 103, §2]
Haw. Rev. Stat. § 449-1.9 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-1.9
Powers of commissioner.
Status: in_force

In addition to any other powers provided by law, the commissioner may:

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

(2) Adopt, amend, or repeal rules or declaratory rulings pursuant to chapter 91 to effectuate the purposes of this chapter;

(3) Issue informal nonbinding interpretations to effectuate the purposes of this chapter;

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

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

(6) Deposit all fees, fines, and charges collected by the commissioner under this chapter into the compliance resolution fund established pursuant to section 26‑9(o);

(7) Process and investigate complaints, subpoena witnesses and documents, administer oaths, and receive affidavits and oral testimony, including through electronic means, and conduct contested case proceedings;

(8) Report any violation of this chapter or violation of federal or state law to the United States Commissioner of Housing and Urban Development or any other federal agency having jurisdiction over the licensee; and

(9) 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; provided that:

(A) For the purpose and the extent necessary to use NMLS, the commissioner may:

(i) Require all escrow depositories to register with NMLS; and

(ii) 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; and

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

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

(ii) Requesting and distributing information to and from any source directed by the commissioner. [L 2013, c 166, §1; am L 2016, c 224, §2]
Haw. Rev. Stat. § 465D-1 — HI Code / Division 2 / Title 25 / Chapter 465D / Section 465D-1
Findings and declaration of necessity.
Status: in_force

It is the intent of the legislature to establish standards for the licensing of behavior analysts to address the present and critical need for ensuring that those in the community requiring diagnosis and treatment for autism receive the care needed along with other healthcare needs. The special state interest for creating this chapter is recognized, notwithstanding the requirements of section 26H-6.
Haw. Rev. Stat. § 436E-12 — HI Code / Division 2 / Title 25 / Chapter 436E / Section 436E-12
Penalty.
Status: in_force

(a) Any person except a person licensed under this chapter who practices, treats, or instructs in any phase of acupuncture without a license or permit issued by the board, or uses any word or title to induce the belief that they are engaged in the practice of any type of acupuncture, shall be guilty of a misdemeanor and subject to a fine of not less than $50 nor more than $1,000 for each violation.

(b) Any person, except a licensed acupuncturist, who:

(1) Practices or attempts to practice acupuncture;

(2) Buys, sells, or fraudulently obtains any diploma or license to practice acupuncture whether recorded or not;

(3) Uses the title "acupuncturist", "D.Ac." or "D.O.M." or any word or title to induce the belief that the person is engaged in the practice of acupuncture without complying with this chapter; or

(4) Violates this chapter;

shall be penalized as provided in subsection (a). The department may also seek all legal and equitable remedies available to it for the enforcement of the provisions of this chapter, including seeking injunctive relief. [L 1985, c 214, pt of §1]
Haw. Rev. Stat. § 437-36 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-36
Injunction; damages.
Status: in_force

The motor vehicle industry licensing board or any person, firm, or corporation or any trade association may maintain a suit to enjoin the performance or the continuance of any act or acts by a person acting without a license where a license is required by this chapter, and if injured thereby, for the recovery of damages. If in the suit the court finds that the defendant has violated or is violating any of the provisions of this chapter it may enjoin the defendant from further violation thereof. It shall not be necessary that actual damages to the plaintiff or petitioner be alleged or proved. Plaintiff or petitioner shall be entitled, if the plaintiff or petitioner procures a decree hereunder, to a reasonable attorney's fee to be allowed by the court.
Haw. Rev. Stat. § 454F-1.7 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-1.7
Duties of a qualified individual and branch manager.
Status: in_force

(a) Every mortgage loan originator company licensed under this chapter and every exempt sponsoring mortgage loan originator company registered with NMLS under this chapter shall designate a qualified individual to fulfill the duties and responsibilities set forth in this chapter. A qualified individual shall have the duty to manage and supervise the mortgage loan origination activities of the principal office of the licensed mortgage loan originator company or exempt sponsoring mortgage loan originator company, and the licensed mortgage loan originators located at or working out of the principal office and all company branch offices. A qualified individual for a mortgage loan originator company shall hold a license as a mortgage loan originator issued pursuant to this chapter.

(b) A branch manager shall have the duty to directly manage and supervise a licensed mortgage loan originator company's branch office and the licensed mortgage loan originators located at or working out of that location. A branch manager shall be physically present in the branch office and shall hold a license as a mortgage loan originator issued pursuant to this chapter.

(c) A qualified individual for a mortgage loan originator company or exempt sponsoring mortgage loan originator company shall be responsible for:

(1) Supervising the maintenance and accounting of client trust accounts and disbursements from those accounts;

(2) Supervising the maintenance of all records, contracts, and documents of the mortgage loan originator company or exempt sponsoring mortgage loan originator company ;

(3) Supervising all mortgage loan originator agreements and mortgage loan documents and the handling of these documents by the licensed mortgage loan originators who are employed by or are independent contractors of the mortgage loan originator company or exempt sponsoring mortgage loan originator company ;

(4) Supervising all licensed mortgage loan originators who are employed by or are independent contractors of the mortgage loan originator company or exempt sponsoring mortgage loan originator company ;

(5) Developing and enforcing policies and procedures relating to the handling of residential mortgage loan transactions and the professional conduct of the licensed mortgage loan originators and other staff;

(6) Developing and monitoring compliance with a policy on continuing education requirements for all licensed mortgage loan originators who are employed by or are independent contractors of the mortgage loan originator company or exempt sponsoring mortgage loan originator company pursuant to the requirements of this chapter and the rules of the commissioner;

(7) Ensuring that the licenses of all mortgage loan originators who are employed by or are independent contractors of the mortgage loan originator company or exempt sponsoring mortgage loan originator company, and the license of the mortgage loan originator company are current and active, that the exempt sponsoring mortgage loan originator company is registered with NMLS, and that all required fees are timely paid to the mortgage loan recovery fund;

(8) Establishing and conducting a training program for all licensed mortgage loan originators who are employed by or are independent contractors of the mortgage loan originator company or exempt sponsoring mortgage loan originator company;

(9) Ensuring that all licensed mortgage loan originators who are employed by or are independent contractors of the mortgage loan originator company or exempt sponsoring mortgage loan originator company are provided adequate information and training on the latest amendments to licensing laws and rules and any other applicable laws and rules;

(10) Notifying the commissioner of the termination of the employment or independent contractor relationship of licensed mortgage loan originators who were employed by or were independent contractors of the mortgage loan originator company or exempt sponsoring mortgage loan originator company upon the termination of employment or the independent contractor relationship; and

(11) Ensuring that the records, loan documents, and agreements including mortgage loan originator agreements are retained for seven years on paper or in electronic format by the mortgage loan originator company or exempt sponsoring mortgage loan originator company.

(d) A branch manager for a branch office shall be responsible for supervising:

(1) The maintenance of all records, contracts, and documents of the mortgage loan originator company branch office;

(2) All mortgage loan originator agreements and mortgage loan documents and the handling of these documents by the licensed mortgage loan originators or independent contractors located at or working out of the mortgage loan originator company branch office; and

(3) All licensed mortgage loan originators who are employed by, or are independent contractors of, the mortgage loan originator company and who are located at or working out of the mortgage loan originator company branch office. [L 2011, c 194, pt of §1; am L 2012, c 252, §5; am L 2013, c 168, §5; am L 2017, c 150, §3]
Haw. Rev. Stat. § 466D-2 — HI Code / Division 2 / Title 25 / Chapter 466D / Section 466D-2
Respiratory therapist program.
Status: in_force

There is established a respiratory therapist program within the department to be administered by the director.
Haw. Rev. Stat. § 437B-15 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-15
Estimate for labor and parts.
Status: in_force

(a) The motor vehicle repair dealer, mechanic, or apprentice shall give the customer a written estimated price for labor and parts necessary for a specific job prior to commencement of the job. Such written estimated price need not be given if waived in writing by the customer. No charge in excess of fifteen per cent of the estimated price, if the estimated price is less than $100, or ten per cent of the estimated price, if the estimated price is in excess of $100, shall be charged for parts and labor supplied in excess of the estimated price, without the prior written or oral consent of the customer. Such consent shall be obtained at some time after it is determined that the estimated price is insufficient and before the labor not estimated is performed or the parts not estimated are supplied. This provision may be waived in writing by the customer, provided that such waiver by its terms shall be effective only after the dealer or mechanic has made reasonable efforts to contact the customer. The form and content of any waiver shall be as prescribed by rule of the board. Nothing in this section shall be construed as requiring a motor vehicle repair dealer, mechanic, or apprentice to give a written estimated price if the dealer, mechanic, or apprentice does not agree to perform the requested service. A reasonable fee may be charged for making the estimate.

(b) If any crash parts manufactured by anyone other than the original vehicle equipment manufacturer are to be supplied or installed, the estimate shall clearly state that fact and identify each of those crash parts. In identifying the crash parts which are not manufactured by the original vehicle equipment manufacturer, the motor vehicle repair dealer, mechanic, or apprentice may include information on any applicable manufacturer's warranty and information about the part's compliance with any certified testing program.

(c) No motor vehicle repair dealer, mechanic, or apprentice shall use crash parts which are not manufactured or supplied by the original vehicle equipment manufacturer unless the owner of the motor vehicle accepts the use of such parts and signs the estimate acknowledging the use and source of the crash parts. [L 1975, c 143, pt of §2; am L 1976, c 38, §1; am L 1987, c 272, §3; am L 1990, c 78, §1]
Haw. Rev. Stat. § 451A-8 — HI Code / Division 2 / Title 25 / Chapter 451A / Section 451A-8
Biennial renewal of license; fees; effect of failure to renew.
Status: in_force

Each person who engages in the fitting and sale of hearing aids, on or before December 31 of each odd-numbered year, shall pay to the department a biennial fee for renewal of the license and shall keep the certificate conspicuously posted in the licensee's office or place of business at all times. Where more than one office is operated by the licensee, duplicate certificates shall be issued by the department for posting at each location. A thirty-day grace period shall be allowed after December 31, during which time licenses may be renewed upon payment of a restoration fee to the department. After expiration of the grace period, the department may renew the certificates upon payment of a second restoration fee to the department. No person who applies for renewal, whose license has expired, shall be required to submit to any examination as a condition to renewal; provided that the renewal application is made within two years from the date of expiration.
Haw. Rev. Stat. § 437-15 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-15
Principals held responsible.
Status: in_force

Every holder of a license issued under this chapter may be held responsible for the conduct of the holder's agents and employees in all transactions regarding motor vehicles, motor vehicle parts, franchises, and transactions involving a subject or matter within the jurisdiction of the board. No licensee shall permit any person not licensed under this chapter to sell or exchange or offer to sell or exchange any motor vehicle on the premises specified in the license or to sell or exchange any motor vehicle on behalf of the licensee off the premises specified in the license.
Haw. Rev. Stat. § 464-8 — HI Code / Division 2 / Title 25 / Chapter 464 / Section 464-8
Qualifications for licensure.
Status: in_force

(a) No person shall be eligible for licensure as a professional engineer unless:

(1) The person is the holder of an unexpired license issued to the person by any jurisdiction, domestic or foreign, in which the requirements for licensure at the time the person was first licensed are of a standard satisfactory to the board; provided that if the board is in doubt as to whether the standards are satisfactory, or as to whether the holder was required to fully comply with them, it shall require that the holder successfully pass a written examination, prescribed by the board and designed to test the holder's knowledge, skill, and competency in the profession of engineering;

(2) The person is the holder of a master's degree in engineering from an institution of higher education approved by the board; is a graduate of a school or college approved by the board as of satisfactory standing and has completed an engineering curriculum of four years or more; has had three years of full-time lawful experience in engineering work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of engineering;

(3) The person is the holder of a master's degree in engineering from an institution of higher education approved by the board; has had four years of full-time lawful experience in engineering work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of engineering;

(4) The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed an engineering curriculum of four years or more; has had four years of full-time lawful experience in engineering work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of engineering;

(5) The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed an engineering technology or arts and science curriculum of four years or more; has had eight years of full-time lawful experience in engineering work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of engineering; or

(6) The person has had twelve years of full-time lawful experience in engineering work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of engineering.

(b) No person shall be eligible for licensure as a professional architect unless:

(1) The person is the holder of an unexpired license in architecture issued to the person by any jurisdiction, domestic or foreign, and the person meets the requirements of this chapter and the rules of the board;

(2) The person is the holder of a bachelor's, master's, or higher degree in architecture from a school or college approved by the board as of satisfactory standing; has had three years of full-time lawful experience in architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a professional written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of architecture;

(3) The person is a graduate of a school or college approved by the board as of satisfactory standing and has completed an architectural curriculum of four years or a pre-architecture or arts and science curriculum of four years or more; has had five years of full-time lawful experience in architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a professional written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of architecture;

(4) The person is a graduate of a community college or other technical training school approved by the board as of satisfactory standing, and has completed an architectural technology curriculum of two years or more; has had eight years of full-time lawful experience in architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a professional written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of architecture; or

(5) The person has had eleven years of full-time lawful experience in architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a professional written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of architecture;

provided that those persons who qualify under paragraphs (2) through (5), as of June 30, 2000, shall be required to fulfill the requirements of the intern development program of the National Council of Architectural Registration Boards or of any similar program satisfactory to the board, and approved by the board. For paragraph (2), the intern development program shall fulfill the experience requirement. For paragraphs (3), (4), and (5), time participating in the intern development program shall be credited toward the experience requirement.

(c) No person shall be eligible for licensure as a professional land surveyor unless:

(1) (A) The person is the holder of an unexpired license issued to the person by any jurisdiction, domestic or foreign, in which the requirements for licensure at the time the person was first licensed are of a standard satisfactory to the board; provided that if the board is in doubt as to whether the standards are satisfactory, or as to whether the holder was required to fully comply with them, it shall require that the holder successfully pass the national land surveyor licensing examinations and a written, multiple-choice examination on the subject of Hawaii land matters and Hawaii land description;

(B) The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed a geoscience, civil engineering, or general engineering curriculum of four years or more; has had three years of full-time lawful experience in land surveying of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national land surveyor licensing examinations and a written, multiple-choice examination on the subject of Hawaii land matters and Hawaii land description;

(C) The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed a civil engineering technology (survey option) curriculum of two years or more or arts and sciences curriculum of four years or more; has had seven years of full-time lawful experience in land surveying of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national land surveyor licensing examinations and a written, multiple-choice examination on the subject of Hawaii land matters and Hawaii land description; or

(D) The person has had eleven years of full-time lawful experience in land surveying of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national land surveyor licensing examinations and a written, multiple-choice examination on the subject of Hawaii land matters and Hawaii land description; and

(2) Any applicant shall certify on the application that the applicant has read, understood, and agrees to comply with the laws and rules that the board determines are required for licensure.

(d) No person shall be eligible for licensure as a professional landscape architect unless:

(1) The person is the holder of an unexpired license issued to the person by any jurisdiction, domestic or foreign, in which the requirements for licensure at the time the person was first licensed are of a standard satisfactory to the board; provided that if the board is in doubt as to whether the standards are satisfactory, or as to whether the holder was required to fully comply with them, it shall require that the holder successfully pass the national landscape architect licensing examination and a written examination, prescribed by the board designed to test the holder's knowledge of the State's climatic conditions, native plants and native ecosystems, land use ordinance and special management area requirements, and cultural and historical conditions affecting landscape architecture;

(2) The person is the holder of a master's degree in landscape architecture from an institution of higher education approved by the board; is a graduate of a school or college approved by the board as of satisfactory standing and has completed a landscape architectural curriculum of four years or more; has had two years of full-time lawful experience in landscape architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national landscape architect licensing examination and a written examination, prescribed by the board designed to test the person's knowledge of the State's climatic conditions, native plants and native ecosystems, land use ordinance and special management area requirements, and cultural and historical conditions affecting landscape architecture;

(3) The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed a landscape architectural curriculum of four years or more; has had three years of full-time lawful experience in landscape architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national landscape architect licensing examination and a written examination, prescribed by the board designed to test the person's knowledge of the State's climatic conditions, native plants and native ecosystems, land use ordinance and special management area requirements, and cultural and historical conditions affecting landscape architecture;

(4) The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed a pre-landscape architecture or arts and science curriculum of four years or more; has had five years of full-time lawful experience in landscape architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national landscape architect licensing examination and a written examination, prescribed by the board designed to test the person's knowledge of the State's climatic conditions, native plants and native ecosystems, land use ordinance and special management area requirements, and cultural and historical conditions affecting landscape architecture; or

(5) The person has had twelve years of full-time lawful experience in landscape architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national landscape architect licensing examination and a written examination, prescribed by the board designed to test the person's knowledge of the State's climatic conditions, native plants and native ecosystems, land use ordinance and special management area requirements, and cultural and historical conditions affecting landscape architecture.

(6) The applicant shall also certify on the application that the applicant has read, understood, and agrees to comply with the laws and rules that the board determines are required for licensure.

In addition to the foregoing requirements, the board, in its discretion, may also require additional proof that the applicant is competent to practice professionally, and whenever the board is not fully satisfied from the results of an examination that any applicant is competent to practice professionally, it may give the applicant a further examination or examinations.

No person shall be eligible for licensure as a professional engineer, architect, land surveyor, or landscape architect if the person does not possess a history of honesty, truthfulness, financial integrity, and fair dealing. [L 1923, c 227, pt of §4; RL 1925, pt of §3686; am L 1931, c 165, pt of §2; RL 1935, pt of §7037; RL 1945, pt of §7609; am L 1949, c 306, pt of §4; RL 1955, §166-8; HRS §464-8; am L 1970, c 85, §1; am L 1972, c 56, §1; am L 1974, c 160, §1; am L 1983, c 155, §4; am L 1985, c 10, §1; am L 1986, c 164, §1; am L 1988, c 226, §5; am L 1989, c 210, §10; am L 1992, c 11, §2; am L 1997, c 263, §2; am L 1998, c 185, §1 and c 186, §1; am L 2001, c 135, §1]
Haw. Rev. Stat. § 451A-4 — HI Code / Division 2 / Title 25 / Chapter 451A / Section 451A-4
REPEALED.
Status: in_force

L 1992, c 202, §206.
Haw. Rev. Stat. § 459-10 — HI Code / Division 2 / Title 25 / Chapter 459 / Section 459-10
Advertising, contents of.
Status: in_force

All advertising by a licensee which contains a price for specified ophthalmic goods or services shall contain the following information when appropriate:

(1) Whether an advertised price includes single vision or multifocal lenses;

(2) Whether an advertised price for contact lenses refers to soft or hard lenses;

(3) Whether an advertised price for ophthalmic goods includes an eye examination;

(4) Whether an advertised price for ophthalmic goods includes all dispensing fees; and

(5) Whether an advertised price for eyeglasses includes both frames and lenses. [L 1917, c 187, §10; RL 1925, §1121; RL 1935, §1379; RL 1945, §2810; RL 1955, §68-10; HRS §459-10; am L 1985, c 224, §10]
Haw. Rev. Stat. § 443B-4.52 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-4.52
Notice of termination of business.
Status: in_force

(a) Not less than sixty days before a collection agency terminates its business operations in the State, the registrant shall transmit a statement to the director and to each of the agency's clients indicating:

(1) That the registrant intends to terminate business in this State;

(2) The effective date of the termination; and

(3) That prior to the termination, the registrant shall lawfully expend or disburse all funds acquired in the course of business.

(b) If the registrant intends to transfer its client accounts to another collection agency, the notification shall also include:

(1) The name, address, telephone number, and registration number of the purchasing agency, and the purchasing agency's principal collector in this State to whom the accounts will be assigned; and

(2) The date on which the purchasing agency intends to begin servicing the accounts transferred by the terminating agency.

(c) Registration is not canceled until the director has received the notice of termination, the terminating collection agency's registration, and if applicable, verified the validity of the purchasing agency's registration. [L 1990, c 246, pt of §1; am L 1997, c 40, §9]
Haw. Rev. Stat. § 461-20 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-20
Poison law not amended.
Status: in_force

Nothing in this chapter amends chapter 330.
Haw. Rev. Stat. § 456-1.6 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-1.6
Definitions.
Status: in_force

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

"Acknowledgment" means a declaration by a person before a notary public that the person has signed a document for the purpose stated in the document and, if the document is signed in a representative capacity, that the person signed the document with proper authority and signed it as the act of the person or entity identified in the document.

"Alter" means to change by means of erasure, obliteration, deletion, insertion of new content, or transposition of content.

"Document" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

"Electronic signature" means an electronic symbol, sound, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.

"In a representative capacity" means acting as:

(1) An authorized officer, agent, partner, trustee, or other representative for a person other than an individual;

(2) A public officer, personal representative, guardian, or other representative, in the capacity stated in an applicable document;

(3) An agent or attorney-in-fact for a principal; or

(4) An authorized representative of another in any other capacity.

"Notarial act" means an act, whether performed with respect to a tangible or electronic document, that a notary public may perform under the laws of this State. "Notarial act" includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.

"Notary public" means an individual commissioned to perform a notarial act by the attorney general under this chapter.

"Proof of the signer's signature and identity" means satisfactory evidence of the identity of an individual appearing before the notary public if the notary public can identify the individual:

(1) By means of:

(A) Having personal knowledge of the identity of an individual before the officer if the individual is personally known to the notary public through dealings sufficient to provide reasonable certainty that the individual has the identity claimed;

(B) A passport, driver's license, or government issued non-driver identification card that is valid or expired no more than three years prior to the performance of the notarial act and contains the signature and photograph of the individual;

(C) Another form of government identification issued to an individual that is valid or expired no more than three years prior to performance of the notarial act, contains the signature and photograph of the individual, and is satisfactory to the notary public; or

(D) By verification on oath or affirmation of a credible witness personally appearing before the notary public and known to the notary public or whom the notary public can identify on the basis of a passport, driver's license, or government-issued non-driver identification card that is valid or expired no more than three years prior to performance of the notarial act; or

(2) By requiring an individual to provide additional information or identification credentials necessary to assure the notary public of the identity of the individual.

"Sign" means, with present intent to authenticate or adopt a document:

(1) To execute or adopt a tangible symbol; or

(2) To attach or logically associate with the document an electronic symbol, sound, or process.

"Signature" means a tangible symbol or an electronic signature that evidences the signing of a document.

"Stamping device" means:

(1) A physical device capable of stamping or impressing upon a tangible document a notary seal; or

(2) An electronic device or process capable of attaching to, or logically associating with, an electronic document a notary seal.

" Tamper - evident " means any change to an electronic document that displays evidence of the change.

"Verification on oath or affirmation" means a declaration, made by a person on oath or affirmation before a notary public, that a statement in a document is true. [L 2008, c 175, pt of §2; am L 2020, c 54, §4]
Haw. Rev. Stat. § 441-15 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-15
Removal of dedication.
Status: in_force

Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes unless and until the dedication is removed from all or any part of it by an order and decree of the circuit court of the judicial circuit in which the property is located and the decree is filed in the bureau of conveyances or land court in a proceeding brought by the cemetery authority for that purpose and upon notice of hearing and proof satisfactory to the court:

(1) That no interments were made in or that all interments have been removed from that portion of the property from which dedication is sought to be removed;

(2) That the portion of the property from which dedication is sought to be removed is not being used for interment of human remains. [L 1967, c 199, pt of §1; HRS §441-15]
Haw. Rev. Stat. § 467E-7 — HI Code / Division 2 / Title 25 / Chapter 467E / Section 467E-7
Licensing requirements.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] Every applicant for a license as a social worker shall submit evidence satisfactory to the director that the applicant meets the following requirements:

(1) For the licensed bachelor social worker, the applicant:

(A) Holds a bachelor's degree from a college or university in a social work program accredited by or deemed to be equivalent to a program accredited by the Council on Social Work Education; and

(B) Has passed the basic level national examination given by the Association of Social Work Boards;

(2) For the licensed social worker, the applicant:

(A) Holds a master's degree from a college or university in a social work program accredited by or deemed to be equivalent to an accredited program by the Council on Social Work Education or a doctoral degree from a doctoral degree program in social work accredited by the Western Association of Schools and Colleges or a comparable regional accreditation body; and

(B) Has passed the intermediate or higher level national examination given by the Association of Social Work Boards; and

(3) For the licensed clinical social worker, the applicant:

(A) Has met the educational requirements in paragraph (2);

(B) Has passed the clinical level national examination given by the Association of Social Work Boards;

(C) Has provided evidence of successful completion of at least three thousand hours of post masters clinical social work experience under supervision completed within no fewer than two years, but within no more than five years. Clinical social work experience shall include a minimum of two thousand hours of assessment, clinical diagnosis, and psychotherapy; no more than a maximum of nine hundred hours of client-centered advocacy, consultation, and evaluation; and at least one hundred hours of supervision as follows:

(i) At least sixty of the one hundred hours of direct face-to-face supervision shall have been individualized supervision; and

(ii) Not more than forty hours of direct face-to-face supervision may have been under small group (up to six supervisees) supervision.

An applicant who submits evidence of certification as a qualified clinical social worker or diplomate in clinical social work by the National Association of Social Workers or as a board certified diplomate by the American Board of Examiners shall be deemed to have satisfied the experience requirements of this subparagraph;

(D) For the purposes of subparagraph (C), shall have had clinical supervision as follows:

(i) The supervisor shall have been a licensed clinical social worker with at least four thousand five hundred hours of post masters clinical social work experience;

(ii) For the first five years after July 1, 2004, the following individuals shall be deemed to have satisfied the requirements of a supervisor: a person with a master's degree in social work with at least four thousand five hundred hours post masters clinical social work experience; an individual who holds a diplomate in clinical social work or a board certified diplomate certification; or a board certified psychiatrist, psychologist, advanced practice registered nurse who has a minimum of four thousand five hundred hours of post masters clinical experience in assessment, clinical diagnosis, and psychotherapy; and

(iii) Supervision shall have included review of assessment, clinical diagnosis, and psychotherapy; and

(E) In collaboration with the supervisor, may elect to fulfill some or all of the supervision requirements set forth in subparagraph (C) through face-to-face supervision that is conducted electronically through a video conference service that is compliant with all federal and state privacy, security, and confidentiality laws, including the Health Insurance Portability and Accountability Act of 1996. Prior to making such an election, it is incumbent upon the applicant to review the laws and rules of other jurisdictions to determine the impact, if any, that electronic supervision may have on license by endorsement in other states. [L 1994, c 251, pt of §2; am L 1996, c 202, §13; am L 2001, c 55, §22; am L 2002, c 167, §11; am L 2016, c 212, §2]

§467E-7 Licensing requirements; services reimbursable. [Section effective July 1, 2026. For section effective until June 30, 2026, see above.] (a) Every applicant for a license as a social worker shall submit evidence satisfactory to the director that the applicant meets the following requirements:

(1) For the licensed bachelor social worker, the applicant:

(A) Holds a bachelor's degree from a college or university in a social work program accredited by or deemed to be equivalent to a program accredited by the Council on Social Work Education; and

(B) Has passed the basic level national examination given by the Association of Social Work Boards;

(2) For the licensed social worker, the applicant:

(A) Holds a master's degree from a college or university in a social work program accredited by or deemed to be equivalent to an accredited program by the Council on Social Work Education or a doctoral degree from a doctoral degree program in social work accredited by the Western Association of Schools and Colleges or a comparable regional accreditation body; and

(B) Has passed the intermediate or higher level national examination given by the Association of Social Work Boards; and

(3) For the licensed clinical social worker, the applicant:

(A) Has met the educational requirements in paragraph (2);

(B) Has passed the clinical level national examination given by the Association of Social Work Boards;

(C) Has provided evidence of successful completion of at least three thousand hours of post masters clinical social work experience under supervision completed within no fewer than two years, but within no more than five years. Clinical social work experience shall include a minimum of two thousand hours of assessment, clinical diagnosis, and psychotherapy; no more than a maximum of nine hundred hours of client-centered advocacy, consultation, and evaluation; and at least one hundred hours of supervision as follows:

(i) At least sixty of the one hundred hours of direct face-to-face supervision shall have been individualized supervision; and

(ii) Not more than forty hours of direct face-to-face supervision may have been under small group (up to six supervisees) supervision.

An applicant who submits evidence of certification as a qualified clinical social worker or diplomate in clinical social work by the National Association of Social Workers or as a board certified diplomate by the American Board of Examiners shall be deemed to have satisfied the experience requirements of this subparagraph;

(D) For the purposes of subparagraph (C), shall have had clinical supervision as follows:

(i) The supervisor shall have been a licensed clinical social worker with at least four thousand five hundred hours of post masters clinical social work experience;

(ii) For the first five years after July 1, 2004, the following individuals shall be deemed to have satisfied the requirements of a supervisor: a person with a master's degree in social work with at least four thousand five hundred hours post masters clinical social work experience; an individual who holds a diplomate in clinical social work or a board certified diplomate certification; or a board certified psychiatrist, psychologist, advanced practice registered nurse who has a minimum of four thousand five hundred hours of post masters clinical experience in assessment, clinical diagnosis, and psychotherapy; and

(iii) Supervision shall have included review of assessment, clinical diagnosis, and psychotherapy; and

(E) In collaboration with the supervisor, may elect to fulfill some or all of the supervision requirements set forth in subparagraph (C) through face-to-face supervision that is conducted electronically through a video conference service that is compliant with all federal and state privacy, security, and confidentiality laws, including the Health Insurance Portability and Accountability Act of 1996. Prior to making the election, it is incumbent upon the applicant to review the laws and rules of other jurisdictions to determine the impact, if any, that electronic supervision may have on license by endorsement in other states.

(b) Services provided by a supervised social work intern obtaining post masters clinical social work experience under the supervision of a licensed clinical social worker or individual identified in subsection (a)(3)(D) to qualify for a license as a licensed clinical social worker shall be eligible for insurance reimbursement; provided that the supervising licensed clinical social worker's services are eligible for reimbursement as a contracted provider; provided further that the billed rate for the social work intern is commensurate with the requisite level of training. [L 1994, c 251, pt of §2; am L 1996, c 202, §13; am L 2001, c 55, §22; am L 2002, c 167, §11; am L 2016, c 212, §2; am L 2024, c 93, §32]

Revision Note

"July 1, 2004" substituted for "the effective date of this Act".
Haw. Rev. Stat. § 464-15 — HI Code / Division 2 / Title 25 / Chapter 464 / Section 464-15
Remedies or penalties cumulative.
Status: in_force

Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State.
Haw. Rev. Stat. § 448-28 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-28
[ §448-28] Notice to consumers.
Status: in_force

[ §448-28] Notice to consumers. Every dentist who:

(1) Is engaged in the practice of dentistry; and

(2) Administers general anesthesia, deep sedation, or moderate (conscious) sedation,

shall display and keep in a conspicuous place at the dentist's place of business a notice no smaller than eight and one-half inches by eleven inches. The notice shall explain that any person may contact the consumer resource center of the department of commerce and consumer affairs' regulated industries complaints office to verify that the dentist is licensed and holds a current and valid written authorization or permit to administer anesthesia or perform sedation, request prior complaint history on a dentist, or file a complaint against a dentist, and that information on the special privilege accorded to a dentist to administer general anesthesia, deep sedation, or moderate (conscious) sedation is reported by the consumer resource center upon request. The notice shall include all available contact information for the consumer resource center, including a telephone number. The text of all information contained in the notice shall be in a font size no smaller than one-half inch. A dentist who fails to ensure the continuous display of such a notice shall be subject to the penalties provided in this chapter. [L 2017, c 106, pt of §2]
Haw. Rev. Stat. § 437-30 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-30
§§437-30 and 437-31 REPEALED.
Status: repealed

§§437-30 and 437-31 REPEALED. L 1992, c 202, §§185, 186.
Haw. Rev. Stat. § 442-14 — HI Code / Division 2 / Title 25 / Chapter 442 / Section 442-14
Change of residence.
Status: in_force

Every holder of a license who leaves to reside outside the State, shall immediately notify the Hawaii board of chiropractic of the change in writing and the change shall be noted in the board records. Failure to do so constitutes a violation and results in a forfeiture of the license, and it shall not be restored except upon the written application therefor and a payment to the board of a penalty fee.
Haw. Rev. Stat. § 468M-6 — HI Code / Division 2 / Title 25 / Chapter 468M / Section 468M-6
Injunctive relief; suits.
Status: in_force

(a) Any activity provider may bring suit to enjoin any violation of this chapter and may sue in the circuit court in the circuit in which the defendant resides or has an agent or in which the violation has occurred.

(b) Any activity providers association may bring suit to enjoin any violation of this chapter and may sue in the circuit court in the circuit in which the defendant resides or has an agent or in which the violation has occurred. The relief available to an activity providers association shall be limited to injunctive and declarative relief and shall not include a right to damages. As used in this section, "activity providers association" means a bona fide trade association of activity providers.

(c) The prevailing party, in a civil action brought under this chapter, shall be entitled to recover the costs of the suit, including reasonable attorney's fees. [L 1990, c 214, pt of §1, §2; am L 1991, c 240, pt of §1, §§2, 4; ren and am L 1992, c 231, pt of §2, §§3, 6; am L 1995, c 174, §§1, 2; am L 1998, c 248, §§1, 2]
Haw. Rev. Stat. § 436B-13 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-13
Renewal of license.
Status: in_force

(a) Each licensee shall be responsible for timely renewing the licensee's license and satisfying the renewal requirements provided by law.

(b) At the time of license renewal, each licensee shall submit a completed renewal application and all applicable fees, and shall comply with any other requirement provided by law. A completed renewal application sent by United States mail shall be considered timely filed if the envelope bears a postmark of the required renewal date.

(c) The failure to timely renew a license, the failure to pay all applicable fees, the dishonoring of any check upon first deposit, or the failure to comply with any other requirement provided by law, shall cause the license to be automatically forfeited. [L 1991, c 111, pt of §2]
Haw. Rev. Stat. § 468L-28 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-28
Audit of charter tour operators.
Status: in_force

(a) The department may audit the records of any charter tour operator with respect to its funds. For that purpose, the department shall have free access to the office and places of business of the charter tour operator. Notwithstanding section 468L-3(6), the department may contract with a private consultant to audit the records of any charter tour operator, the cost of which shall be borne by the charter tour operator regardless of whether a violation of this chapter is established.

(b) The director, upon notice and hearing pursuant to chapter 91, may temporarily suspend or may revoke the registration as a travel agency of any charter tour operator who fails to cooperate with the department in any examination or audit of the charter tour operator conducted or contracted for by the director. [L 1999, c 258, pt of §3]
Haw. Rev. Stat. § 468L-27 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-27
Failure by charter tour operator to file required reports; lack of compliance by charter tour operators; remedies.
Status: in_force

(a) Any registered travel agency engaged in the business of a charter tour operator which fails to file any report required to be filed under this chapter or which files a report indicating that the charter tour operator is not in compliance with the provisions of this chapter, including without limitation, any report which indicates that the charter tour client trust account is not in compliance with the requirements of this chapter, shall be deemed not to be in substantial compliance with the requirements of this chapter.

(b) In addition to any other remedy available, the director may cause a citation to be issued with respect to a registered travel agency engaged in the business of a charter tour operator that has not acted or is not acting in compliance with any provision of this chapter.

(c) Each citation shall be in writing and shall describe the basis of the citation, including the specific statutory provision alleged to have been violated and may contain an order of abatement directing the travel agency to cease engaging in the business of a charter tour operator and an assessment of administrative fines as provided by this section. All fines collected under this section shall be deposited in the special fund established under section 26-9(o).

(d) Any registered travel agency engaged in the business of a charter tour operator who violates this section shall be assessed an administrative fine of up to:

(1) $25,000 for the first violation;

(2) $50,000 for the second violation; and

(3) $75,000 for any subsequent violations.

(e) Service of a citation issued under this section shall be made by personal service or by certified mail, restricted delivery, sent to the last known business address of the travel agency.

(f) Any person issued a citation under this section may submit a written request, within twenty days from the service of the citation, to the director for a hearing with respect to the violations alleged, the scope of the order of abatement, or the amount of the administrative fine assessed.

(g) If the person issued a citation under this section timely notifies the director of a request for a hearing, the director shall afford an opportunity for a hearing under chapter 91.

(h) If the person issued a citation under this section does not submit a written request to the director for a hearing within twenty days from the service of the citation, the citation shall be transmitted to the director for issuance of a final order.

(i) The sanctions and disposition authorized under this section shall be separate and in addition to all other remedies provided by law.

(j) The director may adopt rules pursuant to chapter 91 necessary for the purpose of this section. [L 1999, c 258, pt of §3]
Haw. Rev. Stat. § 467-9.6 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-9.6
Examination.
Status: in_force

(a) Every applicant for a real estate examination shall file an application with either the commission or the testing service agency designated by the commission pursuant to rules of the commission to provide the testing service. The application shall be in a form prescribed by the commission and shall include a certification statement that the applicant has fulfilled or will fulfill by the date of the examination, the prerequisites for examination. Every application shall be accompanied by an examination fee as determined by the commission by rules adopted pursuant to chapters 26 and 91. Applicants shall apply for real estate licenses in the manner prescribed by the commission.

(b) The commission may prescribe the passage of a specific section or sections of the examination for different purposes, including the following:

(1) A current out-of-state licensee requesting an equivalency to the uniform part of the state prelicensing examination based on previously passing the uniform portion of another state's licensing examination or equivalent as determined by the commission. The approved equivalency will be for the respective examination passed in the other state;

(2) Equivalency to continuing education requirements as determined by the commission;

(3) Restoration of forfeited license; and

(4) Reinstatement of license due to disciplinary action, as determined by the commission;

subject to the contract with the testing service and submission of application and approval prior to application for the examination. [L 1973, c 131, pt of §3; am L 1981, c 23, §1; am L 1982, c 270, §3; am L 1994, c 100, §7; am L 1999, c 240, §5]
Haw. Rev. Stat. § 444-34 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-34
Maximum liability.
Status: in_force

Notwithstanding any other provision, the liability of the contractors recovery fund shall not exceed $25,000 for any licensed contractor.
Haw. Rev. Stat. § 448B-1 — HI Code / Division 2 / Title 25 / Chapter 448B / Section 448B-1
Definitions.
Status: in_force

As used in this chapter:

"Association" means the American Dietetic Association.

"Commission on accreditation" means the Commission on Accreditation/Approval for Dietetics Education.

"Department" means the department of health.

"Dietetic practice" means the integration and application of scientific principles of nutrition, biochemistry, physiology, food, behavioral, and social sciences, in managing disease, and achieving and maintaining human health throughout the life cycle.

"Director" means the director of health.

"Licensed dietitian" means a person who uses the title of licensed dietitian or dietitian and has been licensed to practice dietetics under this chapter. [L 2000, c 280, pt of §2]
Haw. Rev. Stat. § 456-5 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-5
Official bond.
Status: in_force

Each notary public forthwith and before entering upon the duties of the notary public's commission shall execute, at the notary public's own expense, an official surety bond which shall be in the sum of $1,000. Each bond shall be approved by a judge of the circuit court.

The obligee of each bond, or bond continuation certificate, shall be the State and the condition contained therein shall be that the notary public will well, truly, and faithfully perform all the duties of the notary public's commission which are then or may thereafter be required, prescribed, or defined by law or by any rule made under the express or implied authority of any statute, and all duties and acts undertaken, assumed, or performed by the notary public by virtue or color of the notary public's commission. The surety on each bond, or bond continuation certificate, shall be a surety company authorized to do business in the State. After approval, the bond or bond continuation certificate shall be deposited and kept on file in the office of the clerk of the circuit court of the judicial circuit in which the notary public resides. The clerk shall keep a book to be called the "bond record", in which the clerk shall record data relating to each of the bonds or bond continuation certificates deposited and filed in the clerk's office as the attorney general may direct. [L 1941, c 322, pt of §4; RL 1945, §7665; am L 1955, c 104, §2; RL 1955, §168-5; HRS §456-5; am L 1978, c 122, §5; gen ch 1985; am L 1998, c 290, §4; am L 2020, c 54, §8]
Haw. Rev. Stat. § 469-7 — HI Code / Division 2 / Title 25 / Chapter 469 / Section 469-7
Powers of department to subpoena witnesses, etc.
Status: in_force

The department of health may subpoena and examine witnesses under oath upon all such charges as may be preferred before it, and the circuit court of the circuit in which the hearing is held shall enforce by proper proceedings the attendance and testimony of witnesses so subpoenaed.
Haw. Rev. Stat. § 444-29 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-29
Management of fund.
Status: in_force

(a) The sums received by the contractors license board for deposit in the contractors recovery fund shall be held by the contractors license board in trust for carrying out the purposes of the contractors recovery fund. The contractors license board, as trustee of the recovery fund, shall be authorized to retain private legal counsel to represent the board in any action which may result in collection from the contractors recovery fund. These funds may be invested and reinvested in the same manner as funds of the state employees' retirement system, and the interest from these investments shall be deposited to the credit of the contractors education fund.

(b) The contractors education fund, which is hereby created, shall be available to the contractors license board for educational purposes.

(c) Any law to the contrary notwithstanding, to maintain a reasonable relation between the fees generated and the cost of services rendered by the contractors recovery fund and the contractors education fund, the board may make a finding that a fee adjustment is appropriate and adjust the fees generated by renewals accordingly. For the purposes of finding that a fee adjustment is appropriate in order to maintain a reasonable relation between the fees generated and the cost of services rendered by the funds, the board's review shall include the following:

(1) Frequency and timing of anticipated revenue to the fund;

(2) Identification of a reserve amount based on unanticipated revenue reductions and historical expenditures;

(3) Anticipated expenses paid, including recovery payouts during a biennial budget cycle;

(4) Unanticipated natural disasters or catastrophic weather events that may increase fund payments; and

(5) Any statutory adjustments to fund payout amounts.

The balance in each fund shall not exceed sums determined by the board. The sums shall be determined by the board biennially. [L 1973, c 170, pt of §1; am L 2019, c 29, §§8, 18(2); am L 2020, c 12, §§2, 8]
Haw. Rev. Stat. § 436B-23 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-23
Summary suspension.
Status: in_force

Notwithstanding any law to the contrary, the licensing authority or its delegate may cause the immediate suspension or restriction of a license, subject to subsequent notice and hearing or other adequate procedures, upon a specific determination that the failure to take such an action may result in: (1) an immediate and unreasonable threat to personal safety; or (2) fraud or misrepresentation upon consumers, and that, for the protection of the public from the possible consequences of practices, the licensee's license should be immediately suspended or restricted.

The licensing authority or its delegate may order the summary suspension of the license for a period not to exceed twenty days. The order of suspension shall be served upon the licensee at the same time as the notice of hearing for disciplinary action, and the hearing shall be scheduled prior to the expiration of the order of suspension. The period of suspension prior to the hearing shall not be extended beyond twenty days except upon request of the licensee for a reasonable continuance to adequately prepare the licensee's defense. Any attempt by the licensee to continue the licensed activity while the license has been summarily suspended shall of itself be sufficient to warrant a permanent revocation of the license and shall subject the licensee to all penalties prescribed by this chapter, the applicable licensing laws, or any rule or order of the licensing authority. [L 1991, c 111, pt of §2; am L 1992, c 202, §19]
Haw. Rev. Stat. § 462A-11 — HI Code / Division 2 / Title 25 / Chapter 462A / Section 462A-11
Rates of pilotage.
Status: in_force

The director shall establish the rates of pilotage for vessels subject to this chapter as follows:

(1) The rates of pilotage in effect on July 1, 1978, shall remain in effect until changed by the director pursuant to this chapter.

(2) No rate shall be increased, lowered, or altered without a public hearing in accordance with chapter 91. Due notice of hearing shall be mailed at least thirty days prior to the date of hearing to the individual licensed pilots, the pilot's association, and all owners, charterers, operators, and agents of vessels who have registered with the department.

(3) The director, in setting rates of pilotage, shall fix such amounts as will be a fair charge for the services rendered with due regard to necessary operating expenses, maintenance of, depreciation on, and return on investment for property used in the business of pilotage, and the rates and charges of pilotage at comparable ports of the United States.

(4) Persons aggrieved by the director's decision setting the rates of pilotage may appeal to circuit court as provided in chapter 91. [L 1978, c 231, pt of §2; am L 1985, c 126, §8; am L 1987, c 283, §34]
Haw. Rev. Stat. § 467E-5 — HI Code / Division 2 / Title 25 / Chapter 467E / Section 467E-5
License required.
Status: in_force

No person shall purport to be a "social worker", "licensed bachelor social worker", "licensed social worker", "licensed clinical social worker", or use the letters "S.W.", "L.B.S.W.", "L.S.W.", or "L.C.S.W." in connection with the person's name, or use any words or symbols indicating or tending to indicate that the person is a social worker, licensed bachelor social worker, licensed social worker, or licensed clinical social worker, or engage in the practice of social work as defined in this chapter without meeting the applicable requirements and holding a license as set forth in this chapter.
Haw. Rev. Stat. § 440-32 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-32
Amateur contestants entitled to medals and trophies only.
Status: in_force

A medal or trophy may be awarded to each contestant in an amateur boxing contest not to exceed in value the sum of $35 each. The medal or trophy shall have engraved thereon the name of the winner and the date of the event.

No other or additional prize, reward, or remuneration shall be given or awarded to any contestant unless authorized in writing by the boxing commission.

Every contestant in an amateur boxing contest or sparring match shall be registered with the commission or its amateur representative and subject to an annual physical examination. Each amateur contestant shall be examined by a physician immediately before the contest. [L 1929, c 216, §35; RL 1935, §7022; RL 1945, §7583; am L 1949, c 264, §14; RL 1955, §165-34; HRS §440-32; am L 1983, c 241, §25]
Haw. Rev. Stat. § 459-8 — HI Code / Division 2 / Title 25 / Chapter 459 / Section 459-8
Conduct of examinations.
Status: in_force

Each applicant whose application is received by the board after December 31, 1986, shall pass all written examinations given by the National Board of Examiners in Optometry. Beginning January 1, 1991, each applicant shall also pass a practical (Patient Care) examination administered by the National Board of Examiners in Optometry.

The board shall state in its rules the pass/fail cutoff scores for all required examinations. The board shall accept the passing scores of all National Board of Examiners in Optometry written examinations if the examinations were passed in their entirety by the applicant after December 31, 1986. The board shall accept the scores of the practical (Patient Care) examination only if the examination was passed by the applicant after January 1, 1991. The board may accept the scores of the National Board of Examiners in Optometry written examinations passed before December 31, 1986, and the National Board of Examiners in Optometry practical (Patient Care) examination passed before January 1, 1991, if the examinations are determined by the National Board of Examiners in Optometry to be substantially equivalent to the current examinations and the applicant holds a current and valid license under the laws of another state. [L 1917, c 187, §8; RL 1925, §1119; RL 1935, §1377; RL 1945, §2808; am L 1949, c 58, §1(5); RL 1955, §68-8; HRS §459-8; am L 1981, c 36, §2; am L 1985, c 224, §8; am L 1992, c 21, §3; am L 1994, c 123, §2; am L 1997, c 41, §1]
Haw. Rev. Stat. § 441-19 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-19
Powers and duties of director.
Status: in_force

In addition to any other powers and duties authorized by law, the director, pursuant to chapter 91 shall:

(1) Grant licenses to cemetery and pre-need funeral authorities pursuant to this chapter and rules adopted pursuant thereto;

(2) Adopt, amend, or repeal rules as the director deems proper to fully effectuate this chapter and carry out the purpose thereof, which is the protection of the general public in its acquisitions of cemetery property, pre-need interment services, at-need funeral services, and pre-need funeral services. The rules may forbid acts or practices deemed by the director to be detrimental to the accomplishment of the purpose of this chapter, and the rules may require mortuary, cemetery, and pre-need funeral authorities to make reports to the director containing such information as will better enable the director to enforce this chapter and the rules, or as will better enable the director from time to time to amend the rules to more fully effectuate the purpose of this chapter. The rules may also require mortuary, cemetery, and pre-need funeral authorities to furnish reports to their clients containing such matters of information as the director deems necessary to promote the purpose of this chapter; provided that this enumeration of specific matters which may properly be made the subject of rules shall not be construed to limit the director's broad general power to make all rules necessary to fully effectuate the purpose of this chapter;

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

(4) Fine, suspend, or revoke any license for any cause prescribed by this chapter, or for any violation of the rules, and refuse to grant any license for any cause that would be grounds for revocation or suspension of a license;

(5) Report to the governor annually and at such other times and in such other manner as the governor may require concerning the director's activities;

(6) Publish and distribute pamphlets and circulars containing such information as the director deems proper to further the accomplishments of the purpose of this chapter;

(7) Investigate the actions of any person acting in the capacity of a licensee under this chapter if there is reason to believe that there may be a violation of this chapter or the rules adopted pursuant thereto;

(8) Extend the deadline for, or defer the filing of, any periodic report required under this chapter, provided that the licensee meets the conditions and requirements set forth by the director in rules; and

(9) Provide in the rules for alternatives to any bonding or insurance requirement imposed by this chapter when a bond or insurance cannot reasonably be secured and the alternative measures provide for the same degree of protection to the consumer. [L 1967, c 199, pt of §1; HRS §441-19; am L 1969, c 242, §2; am L 1975, c 21, §4; am L 1981, c 221, §4; am L 1985, c 101, §2; gen ch 1985; am L 1986, c 35, §1; am L 1992, c 202, §50]
Haw. Rev. Stat. § 448-7 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-7
Fees.
Status: in_force

Every applicant qualified for registration shall pay a license fee before entering practice. Every person holding a license to practice dentistry in the State shall pay to the board on or before December 31 of each odd-numbered year, a biennial registration fee. The failure, neglect, or refusal of any duly licensed dentist or doctor of dental surgery to pay the biennial fee during the time the license remains in force, shall constitute a forfeiture of the license. The license may be restored upon written application therefor and the payment to the board of dentistry of the appropriate fee.
Haw. Rev. Stat. § 437-58 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-58
Cancellation or failure to renew franchise agreement.
Status: in_force

(a) A manufacturer or distributor shall give written notice to the dealer and the board of the manufacturer's intent to terminate, discontinue, cancel, or fail to renew a franchise agreement at least sixty days before the effective date thereof, and state with specificity the grounds being relied upon for such discontinuation, cancellation, termination, or failure to renew; provided that the manufacturer or distributor may provide the notice fifteen days before the effective date of termination, discontinuation, cancellation, or nonrenewal in the following circumstances:

(1) The dealer has filed a voluntary petition in bankruptcy or has had an involuntary petition in bankruptcy filed against it which has not been discharged within thirty days after the filing, there has been a closeout or sale of a substantial part of the dealer's assets related to the business, or there has been a commencement of dissolution or liquidation of the dealer;

(2) The dealer has failed to operate in the normal course of business for seven consecutive days or has otherwise abandoned the business;

(3) The dealer has pleaded guilty to or has been convicted of a felony affecting the relationship between the dealer and the manufacturer or distributor;

(4) The dealer has engaged in conduct that is injurious or detrimental to the dealer's customers or to the public welfare;

(5) There has been a change, without the prior written approval of the manufacturer or distributor, in the location of the dealer's principal place of business under the dealership agreement; or

(6) Misrepresentation or fraud upon the manufacturer by the dealer.

(b) A dealer who receives notice of intent to terminate, discontinue, cancel, or fail to renew may, within the sixty-day notice period, file a petition in the manner prescribed in section 437-51 for a determination of whether such action is taken in good faith and supported by good cause. The manufacturer or distributor shall have the burden of proof that such action is taken in good faith and supported by good cause.

(c) If the manufacturer's or distributor's notice of intent to terminate, discontinue, cancel, or fail to renew is based upon the dealer's alleged failure to comply with sales or service performance obligations, the dealer shall first be provided with notice of the alleged sales or service deficiencies and afforded at least one hundred eighty days to correct any alleged failure before the manufacturer or distributor may send its notice of intent to terminate, discontinue, cancel, or fail to renew. Good cause shall not be deemed to exist if a dealer substantially complies with the manufacturer's or distributor's reasonable performance provisions within the one hundred eighty-day cure period, or if the failure to demonstrate substantial compliance was due to factors that were beyond the control of the dealer.

(d) Good cause shall not exist absent a breach of a material and substantial term of the franchise agreement. The existence of one or more circumstances enumerated in subsection (a)(1) through (6) above shall be presumed to be good cause, and the dealer shall have the burden of proof to show that the action was not taken in good faith and supported by good cause.

(e) Except in the circumstances enumerated in subsection (a)(1) through (6) above, the franchise agreement shall remain in effect until a final judgment is entered after all appeals are exhausted, and during that time the dealer shall retain all rights and remedies pursuant to the franchise agreement, including the right to sell or transfer the franchise.

(f) Upon the termination, discontinuation, cancellation, or failure to renew the franchise agreement by the manufacturer or distributor, the manufacturer or distributor shall compensate the dealer for all new, unused, and undamaged parts listed in the current parts catalog and still in the original, resalable merchandising packages and in unbroken lots; provided that for sheet metal, a comparable substitute may be used. Prices shall be those in effect at the time the manufacturer or distributor receives the parts, less applicable allowances; the fair market value of all undamaged, unmodified special tools, equipment, and signage required by the manufacturer or distributor and acquired by the dealer within the three years prior to the termination; all new, undamaged, and unsold vehicle inventory of the current model year and one model year prior acquired from the manufacturer or distributor or from another same line make dealer in the ordinary course of business prior to the effective date of termination or nonrenewal; provided that the vehicle has less than five hundred miles registered on the odometer. The purchase price shall be the dealer's net acquisition cost. The compensation shall be paid to the dealer no later than ninety days from the date of the franchise termination, discontinuation, cancellation, or failure to renew.

(g) In addition to the other compensation set forth in this section, upon the termination, discontinuation, cancellation, or failure to renew the franchise agreement by a manufacturer or distributor without good cause and good faith; or as a result of the discontinuation of a line make, the manufacturer or distributor shall compensate the dealer at the fair market value for the dealer's capital investment, which shall include the going business value of the business, goodwill, property, and improvement owned or leased by the dealer for the purpose of the franchise as of the effective date of the termination or one day prior to the date of the notice, whichever is greater. The compensation shall be paid to the dealer no later than ninety days from the date of the franchise termination, discontinuation, cancellation, or failure to renew.

(h) As used in this section, "good faith" means the duty of each party to any franchise agreement to fully comply with that agreement, and to act in a fair and equitable manner towards each other. [L 2010, c 164, pt of §2]
Haw. Rev. Stat. § 467B-5.5 — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B-5.5
Commercial co-venturer's charitable sales promotions.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below. L 2025, c 108, §10. ] (a) All charitable sales promotions by a commercial co-venturer shall disclose the name of the commercial co-venturer.

(b) Prior to the commencement of any charitable sales promotion in this State conducted by a commercial co-venturer using the name of a charitable organization, the commercial co-venturer shall obtain the written consent of the charitable organization whose name will be used during the charitable sales promotion. The commercial co-venturer shall file a copy of the written consent with the department not less than ten days prior to the commencement of the charitable sales promotion within this State. An authorized representative of the charitable organization and the commercial co-venturer shall sign the written consent, and the terms of the written consent shall include the following:

(1) The goods or services to be offered to the public;

(2) The geographic area where, and the starting and final date when, the offering is to be made;

(3) The manner in which the name of the charitable organization is to be used, including any representation to be made to the public as to the amount or per cent per unit of goods or services purchased or used that is to benefit the charitable organization;

(4) A provision for an accounting on a per unit basis, which shall be prepared by the commercial co-venturer and given to the charitable organization, and the date when it is to be made, which date shall be no more than ninety days after the end of the charitable sales promotion and, for promotions lasting more than one year, shall be within ninety days after each anniversary of the commencement of the charitable sales promotion and within ninety days after the end of the charitable sales promotion; and

(5) The date when and the manner in which the benefit is to be conferred on the charitable organization, which date shall be within ninety days after the end of the charitable sales promotion and, for charitable sales promotions lasting more than one year, shall be within ninety days after each anniversary of the commencement of the promotion and within ninety days after the end of the charitable sales promotion.

(c) A copy of an accounting shall be provided to the attorney general not more than twenty days after the copy is requested by the attorney general. An accounting shall be kept by the commercial co-venturer for a period of three years, unless the commercial co-venturer and the charitable organization mutually agree that the accounting should be kept by the charitable organization instead of the commercial co-venturer.

(d) A late filing fee of $20 shall be imposed on a commercial co-venturer who fails to file a written consent as required by subsection (b), unless it is shown that the failure is due to reasonable cause, for each day during which the violation continues; provided that the total amount imposed under this subsection shall not exceed $1,000.

(e) The written consent required under subsection (b) shall be signed by the authorized representative of the commercial co-venturer and the charitable organization certifying that the statements made therein are true and correct to the best of their knowledge subject to penalties imposed by section 710-1063. The attorney general may require the written consent to be submitted electronically and may require the use of electronic signatures.

(f) The attorney general may issue a cease and desist order whenever the attorney general finds that a commercial co-venturer has engaged in an act or practice that violates this chapter.

(g) When the attorney general finds that a commercial co-venturer has violated or is operating in violation of this chapter, the attorney general may impose an administrative fine not to exceed $1,000 for each act that constitutes a violation of this chapter and an additional penalty, not to exceed $100 per day, for each day during which the violation continues. Any person aggrieved by an action of the attorney general under this section may request a hearing to review that action in accordance with chapter 91 and rules adopted by the attorney general. Any request for hearing shall be made within ten days after the attorney general has served the person with notice of the action, which notice shall be deemed effective upon mailing. [L 1993, c 206, pt of §1; am L 2004, c 93, §6; am L 2008, c 174, §5; am L 2013, c 61, §5; am L 2016, c 163, §5; am L 2019, c 66, §2]

§467B-5.5 Commercial co-venturers, charitable fundraising platforms, and platform charities charitable sales promotions. [Section effective July 1, 2026. For section effective until June 30, 2026, see above. L 2025, c 108, §10. ] (a) All charitable sales promotions by a commercial co-venturer, charitable fundraising platform, or platform charity shall disclose the name of the commercial co-venturer, charitable fundraising platform, or platform charity.

(b) Prior to the commencement of any charitable sales promotion in this State conducted by a commercial co-venturer, charitable fundraising platform, or platform charity using the name of a charitable organization, the commercial co-venturer, charitable fundraising platform, or platform charity shall obtain the written consent of the charitable organization whose name will be used during the charitable sales promotion. The commercial co-venturer, charitable fundraising platform, or platform charity shall file a copy of the written consent with the department not less than ten days prior to the commencement of the charitable sales promotion within this State. An authorized representative of the charitable organization and the commercial co-venturer, charitable fundraising platform, or platform charity shall sign the written consent, and the terms of the written consent shall include the following:

(1) The goods or services to be offered to the public;

(2) The geographic area where, and the starting and final date when, the offering is to be made;

(3) The manner in which the name of the charitable organization is to be used, including any representation to be made to the public as to the amount or per cent per unit of goods or services purchased or used that is to benefit the charitable organization;

(4) A provision for an accounting on a per unit basis, which shall be prepared by the commercial co-venturer, charitable fundraising platform, or platform charity and given to the charitable organization, and the date when it is to be made, which date shall be no more than ninety days after the end of the charitable sales promotion and, for promotions lasting more than one year, shall be within ninety days after each anniversary of the commencement of the charitable sales promotion and within ninety days after the end of the charitable sales promotion; and

(5) The date when and the manner in which the benefit is to be conferred on the charitable organization, which date shall be within ninety days after the end of the charitable sales promotion and, for charitable sales promotions lasting more than one year, shall be within ninety days after each anniversary of the commencement of the promotion and within ninety days after the end of the charitable sales promotion.

(c) A copy of an accounting shall be provided to the attorney general not more than twenty days after the copy is requested by the attorney general. An accounting shall be kept by the commercial co-venturer, charitable fundraising platform, or platform charity for a period of three years, unless the commercial co-venturer, charitable fundraising platform, or platform charity and the charitable organization mutually agree that the accounting should be kept by the charitable organization instead of the commercial co-venturer, charitable fundraising platform, or platform charity.

(d) A late filing fee of $20 shall be imposed on a commercial co-venturer, charitable fundraising platform, or platform charity who fails to file a written consent as required by subsection (b), unless it is shown that the failure is due to reasonable cause, for each day during which the violation continues; provided that the total amount imposed under this subsection shall not exceed $1,000.

(e) The written consent required under subsection (b) shall be signed by the authorized representative of the commercial co-venturer, charitable fundraising platform, or platform charity and the charitable organization certifying that the statements made therein are true and correct to the best of their knowledge subject to penalties imposed by section 710-1063. The attorney general may require the written consent to be submitted electronically and may require the use of electronic signatures.

(f) The attorney general may issue a cease and desist order whenever the attorney general finds that a commercial co-venturer, charitable fundraising platform, or platform charity has engaged in an act or practice that violates this chapter.

(g) When the attorney general finds that a commercial co-venturer, charitable fundraising platform, or platform charity has violated or is operating in violation of this chapter, the attorney general may impose an administrative fine not to exceed $1,000 for each act that constitutes a violation of this chapter and an additional penalty, not to exceed $100 per day, for each day during which the violation continues. Any person aggrieved by an action of the attorney general under this section may request a hearing to review that action in accordance with chapter 91 and rules adopted by the attorney general. Any request for hearing shall be made within ten days after the attorney general has served the person with notice of the action, which notice shall be deemed effective upon mailing. [L 1993, c 206, pt of §1; am L 2004, c 93, §6; am L 2008, c 174, §5; am L 2013, c 61, §5; am L 2016, c 163, §5; am L 2019, c 66, §2; am L 2024, c 205, §6]
Haw. Rev. Stat. § 441-22.8 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-22.8
Cancellation; default and termination; refund.
Status: in_force

(a) At any time before pre-need funeral services or pre-need interment services are received by the purchaser or the purchaser's contract beneficiary, the purchaser may cancel the contract containing any pre-need funeral services or pre-need interment services by notifying the cemetery or pre-need funeral authority, in writing, of the purchaser's desire to cancel the contract.

(b) Before a cemetery or pre-need funeral authority terminates a contract containing pre-need funeral services or pre-need interment services because of a delinquency in payment, the following conditions shall be met:

(1) Four months in advance of the contemplated termination date, the cemetery or pre-need funeral authority shall provide written notice to the purchaser at the purchaser's last known address and the notice shall include at a minimum:

(A) The total amount owed under the contract at the time it was originally signed, dates and amounts of payments, adjustments, and credits received to date, and the amount of the delinquency;

(B) An explanation as to how the purchaser may effectuate continuance of the contract within four months of the date of notice;

(C) A statement that failure to effectuate continuance of the contract may result in termination of the contract; and

(D) A statement that advises the purchaser of all other requirements under this subsection;

(2) During the four-month period, but not less than once a month, and only so long as the purchaser fails to effectuate continuance of the contract as provided herein, the cemetery or pre-need funeral authority shall provide the written notice required under paragraph (1);

(3) If, however, there is a reasonable good faith bona fide dispute between the parties as to the amount of delinquency, the four-month period shall not start until the dispute is resolved; and

(4) If the purchaser fails to effectuate continuance of the contract by the end of the four-month period, the cemetery or pre-need funeral authority may terminate the contract under the terms and conditions of the contract.

If the purchaser elects to effectuate continuance of the pre-need funeral services or pre-need interment services contract within the four-month period, the cemetery or pre-need funeral authority may require that the purchaser make payment to effectuate the continuance; provided that the amount required shall not be in excess of one installment payment of the purchaser's contract. The purchaser shall resume payment on the pre-need funeral services or pre-need interment services contract in the amounts and as often as required under the terms and conditions of the contract and until all payments owed on the contract are paid in full.

(c) A cemetery or pre-need funeral authority shall not be obligated to:

(1) Allow a purchaser to effectuate continuance of a contract where a purchaser becomes delinquent again after the four-month period provided in subsection (b) has passed, and may thereafter terminate the contract under the terms and conditions of the contract; provided that the cemetery or pre-need funeral authority gives written notice of the termination to the purchaser at the purchaser's last known address at least ninety days prior to termination; or

(2) Provide pre-need funeral services or pre-need interment services unless the contract is paid in full.

(d) If the contract is canceled or terminated pursuant to subsection (a) or (b) or for any other reason, the purchaser shall be entitled to a refund of the amounts paid by the purchaser, less amounts that may be retained by the cemetery or pre-need funeral authority for its costs pursuant to section 441-38(b). The cemetery or pre-need funeral authority shall make the refund to the purchaser within thirty days of:

(1) Receipt of the purchaser's written notice of cancellation; or

(2) Termination of the contract. [L 2007, c 188, §1]
Haw. Rev. Stat. § 441-13 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-13
Sale of plots after dedication; sale of encumbered plots prohibited unless encumbrance subordinate to dedication.
Status: in_force

After property is dedicated pursuant to this chapter, a cemetery authority may sell, transfer, and convey plots, crypts, or niches thereof, which plots, crypts, or niches shall be described by reference to the map or plat, or amended map or plat, filed in accordance with section 441-3 or 441-8. No plot, crypt, or niche shall be sold, transferred, conveyed, or otherwise disposed of, or offered for sale, transfer, conveyance, or other disposition, unless the property on or in which the plot, crypt, or niche is included has been dedicated pursuant to this chapter, nor shall any plot, crypt, or niche be sold, transferred, conveyed, or otherwise disposed of, or offered for sale, transfer, conveyance, or other disposition, unless the property on or in which the plot, crypt, or niche is included shall either be free and clear of all encumbrances or there has been recorded the written consent of every encumbrancer thereof that the encumbrancer's encumbrance shall be subject and subordinate to the dedication of the property to cemetery purposes and the title of any plot, crypt, or niche owner.
Haw. Rev. Stat. § 457-10 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-10
REPEALED.
Status: in_force

L 1992, c 202, §217.
Haw. Rev. Stat. § 451A-17 — HI Code / Division 2 / Title 25 / Chapter 451A / Section 451A-17
Injunctive relief.
Status: in_force

The director may apply for an injunction in any court of competent jurisdiction to enjoin any person who has not been issued a license or whose license has been suspended or revoked or has expired from practicing in the dealing and fitting of hearing aids; and, upon the filing of a verified petition in the court, the court or any judge thereof, if satisfied by affidavit or otherwise, may issue a temporary injunction, without notice or bond, enjoining the defendant from further practicing in the dealing and fitting of hearing aids. A copy of the verified complaint shall be served upon the defendant and the proceedings shall thereafter be conducted as in other civil cases. If it is established that the defendant has been or is practicing dealing and fitting of hearing aids without having been issued a license or after the license has been suspended or revoked or has expired, the court or any judge thereof may enter a decree enjoining the defendant from further practicing in the dealing and fitting of hearing aids. In case of violation of any injunction issued under this section, the court may summarily try and punish the offender for contempt of court. The injunction proceeding shall be in addition to, and not in lieu of all penalties and other remedies provided in this chapter.
Haw. Rev. Stat. § 440-27 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-27
Financial interest in contestant prohibited.
Status: in_force

(a) No commission member or staff, appointee, or any individual or club holding a license to conduct, hold, or give boxing contests, nor any officer, partner, or member, may receive any compensation from any person who sanctions, arranges, or promotes professional boxing contests; nor shall they have, either directly or indirectly, any financial interest in any contestant competing in any boxing contest that they conduct, hold, or give.

(b) For purposes of this section, the term "compensation" shall not include funds held in escrow for payment to another person in connection with a professional boxing contest. The prohibition set forth in this section shall not apply to any contract entered into, or any reasonable compensation received, by the commission to supervise a professional boxing contest in this State or another state. [L 1929, c 216, §30; RL 1935, §7017; RL 1945, §7578; RL 1955, §165-29; HRS §440-27; am L 1983, c 241, §21; am L 2004, c 135, §21]
Haw. Rev. Stat. § 457B-3.2 — HI Code / Division 2 / Title 25 / Chapter 457B / Section 457B-3.2
Grounds for refusal to renew, reinstate, or restore, and for revocation, suspension, denial, or condition of licenses.
Status: in_force

The director may refuse to renew, reinstate, or restore, or may revoke, suspend, deny, or condition in any manner, any license for any one or more of the following acts or conditions on the part of the licensee or the applicant:

(1) Altering in any way the physician's order for any patient's or resident's medical or therapeutic care unless the orders are clearly hazardous to the patient or resident, in which case the physician shall be immediately notified;

(2) Defrauding any federal, state, county, or social agency, business, or individual in the operation of a nursing home;

(3) Engaging in false, fraudulent, or deceptive advertising, or making false or improbable statements regarding the services of the nursing home; and

(4) Submitting or filing with the board any notice, statement, or other document required under this chapter which is false or which contains any material misstatement of fact. [L 1994, c 184, §1; am L 1997, c 235, §5]
Haw. Rev. Stat. § 464-12 — HI Code / Division 2 / Title 25 / Chapter 464 / Section 464-12
Corporations and partnerships.
Status: in_force

A corporation or copartnership may engage in the practice of professional engineering, architecture, surveying, or landscape architecture in the State if the person or persons connected with the corporation or copartnership directly in charge of the professional work is duly licensed.
Haw. Rev. Stat. § 467B-11.5 — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B-11.5
Charitable organizations exempted from registration and financial disclosure requirements.
Status: in_force

The following charitable organizations shall not be subject to sections 467B-2.1 and 467B-6.5 if the organization submits an application for an exemption to the department and the department approves the organization's application:

(1) Any duly organized religious corporation, institution, or society that is exempt from filing Form 990 with the Internal Revenue Service pursuant to section 6033(a)(3)(A)(i) and (iii) and (C)(i) of the Internal Revenue Code, as amended;

(2) Parent-teacher associations;

(3) Any educational institution that is licensed or accredited by any of the following licensing or accrediting organizations or their successor organizations:

(A) Hawaii Association of Independent Schools;

(B) Western Association of Schools and Colleges;

(C) Middle States Association of Colleges and Schools;

(D) New England Association of Schools and Colleges;

(E) Higher Learning Commission;

(F) Northwest Commission on Colleges and Universities;

(G) Southern Association of Colleges and Schools;

(H) The National Association for the Education of Young Children; or

(I) Cognia;

(4) Any organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code expressly authorized by, and having an established identity with, an education institution accredited by one of the accrediting agencies as provided in paragraph (3); provided that the organization's solicitation of contributions is primarily directed to the students, alumni, faculty, and trustees of the institutions and their respective families;

(5) Any nonprofit hospital licensed by the State or any similar provision of the laws of any other state;

(6) Any corporation established by an act of the United States Congress that is required by federal law to submit to Congress annual reports, fully audited by the United States Department of Defense, of its activities, including itemized accounts of all receipts and expenditures;

(7) Any agency of this State, another state, or the federal government; and

(8) Any charitable organization that normally receives less than $25,000 in contributions annually, if the organization does not employ or compensate a professional solicitor or professional fundraising counsel. For purposes of this paragraph, an organization normally receives less than $25,000 in contributions annually if, during the immediately preceding three fiscal years, it received, on average, less than $25,000 in contributions.

The attorney general may require the application for exemption to be filed electronically with the department and may require the use of electronic signatures. [L 2008, c 174, pt of §2; am L 2011, c 40, §5; am L 2013, c 61, §11; am L 2016, c 163, §7; am L 2017, c 86, §5; am L 2020, c 70, §59]
Haw. Rev. Stat. § 452-18 — HI Code / Division 2 / Title 25 / Chapter 452 / Section 452-18
Sanitary rule.
Status: in_force

The board shall prescribe sanitary rules as it deems necessary, with reference to the precautions necessary to be employed to prevent the creating and spreading of infectious and contagious diseases.
Haw. Rev. Stat. § 468L-5.5 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-5.5
Recordkeeping requirements for client trust accounts.
Status: in_force

(a) A travel agency or charter tour operator shall maintain all books and records necessary to comply with this chapter and its rules.

(b) A travel agency or charter tour operator shall keep and maintain for a period of at least two years copies of all bank statements, deposit slips, canceled checks, drafts, and wire or electronic transaction documents relating to client trust accounts. The travel agency, charter tour operator, or any branch offices shall make such records available for inspection and audit within three business days of a written request by the director. Nothing herein shall prevent the director from inspecting and auditing the books and records of the travel agency, charter tour operator, or any branch offices, as otherwise provided under this chapter or its rules. [L 2001, c 62, pt of §2]
Haw. Rev. Stat. § 454M-6 — HI Code / Division 2 / Title 25 / Chapter 454M / Section 454M-6
Prohibited activities.
Status: in_force

(a) It shall be a violation of this chapter for any mortgage servicer in the course of any mortgage loan transaction, or in connection with any mortgage servicing business, to:

(1) Misrepresent or conceal material facts, make false promises, or pursue a course of misrepresentation through its agents or otherwise;

(2) Engage in any transaction, practice, or course of business that is not in good faith, does not constitute fair dealing, or that constitutes a fraud upon any person, in connection with the servicing, purchase, or sale of any mortgage loan;

(3) Obtain property by fraud or misrepresentation;

(4) Misapply residential mortgage loan payments;

(5) Misapply payments to escrow accounts;

(6) Require any amount of funds to be remitted by means more costly to the borrower than a bank or certified check or attorney's check from an attorney's account to be paid by the borrower;

(7) Fail to timely pay taxes or insurance premiums of the borrower, if and as required by this chapter;

(8) Fail to follow procedures concerning escrows for the payment of taxes and insurance as required by this chapter;

(9) Place hazard, homeowner's, or flood insurance on the mortgaged property when the mortgage servicer knows or has reason to know that the borrower has an effective policy for such insurance;

(10) Fail to provide written notice to a borrower upon taking action to place hazard, homeowner's, or flood insurance on the mortgaged property, including a clear and conspicuous statement of the procedures by which the borrower may demonstrate that the borrower has the required insurance coverage and by which the mortgage servicer shall terminate the insurance coverage placed by the mortgage servicer and refund or cancel any insurance premiums and related fees paid by or charged to the borrower;

(11) Place hazard, homeowner's, or flood insurance on a mortgaged property, or require a borrower to obtain or maintain such insurance, in excess of the replacement cost of the improvements ;

(12) Fail to provide to the borrower a refund of unearned premiums paid by a borrower or charged to the borrower for hazard, homeowner's, or flood insurance placed by a mortgagee or the mortgage servicer if the borrower provides reasonable proof that the borrower has obtained coverage such that the forced placement insurance is no longer necessary and the property is insured. If the borrower provides reasonable proof that no lapse in coverage occurred such that the forced placement was not necessary, the mortgage servicer shall promptly refund the entire premium;

(13) Collect private mortgage insurance beyond the date for which private mortgage insurance is required;

(14) Collect, charge, attempt to collect or charge, or use or propose any agreement purporting to collect or charge, any fee not in compliance with, or prohibited by, this chapter ;

(15) Fail to provide a timely and accurate statement of account, as required by this chapter;

(16) Fail to handle a consumer complaint or inquiry in accordance with this chapter;

(17) Provide inaccurate information to a credit bureau, thereby harming a borrower's creditworthiness;

(18) Fail to report both the favorable and unfavorable payment history of the borrower to a nationally recognized consumer credit bureau at least annually if the mortgage servicer regularly reports information to a credit bureau;

(19) Fail to provide or submit a timely, complete, and accurate notice, acknowledgment, statement, information, explanation, reminder, communication, or other information to any person as required by this chapter;

(20) Fail to comply with loss mitigation option requirements of this chapter;

(21) Fail to offer loan modifications in compliance with the Home Affordable Modification Program guidelines or directives, if the mortgage servicer is participating in the Home Affordable Modification Program;

(22) Fail to comply with the requirements of chapter 667 and ensure that the mortgage servicer's attorneys and agents comply with chapter 667;

(23) Refuse to communicate with an authorized representative of the borrower who provides a written authorization signed by the borrower; provided that the mortgage servicer may adopt procedures reasonably related to verifying that the representative is in fact authorized to act on behalf of the borrower;

(24) Fail to provide a timely payoff statement as required by this chapter;

(25) Fail to issue a release of mortgage in accordance with section 506-8 ;

(26) Conduct any business for which this chapter requires a license without holding a valid license as required under this chapter or assist or aid and abet any person in the conduct of business without a valid license as required under this chapter ;

(27) Engage in the business of mortgage servicing without complying with bonding requirements of this chapter;

(28) Transfer or assign its mortgage servicer license;

(29) Change its name or office address without complying with the requirements of this chapter;

(30) Fail to maintain adequate records of each residential mortgage loan transaction at the office named in the mortgage servicer license; or

(31) Make any false statement or omission of a material fact, in connection with any information or reports filed with a governmental agency or NMLS or in connection with any investigation conducted by the c ommissioner or another governmental agency.

(b) It shall be a violation of this chapter for any mortgage servicer in the course of any mortgage loan transaction to fail to comply with any:

(1) Applicable federal law or regulation related to mortgage servicing, including but not limited to:

(A) The Real Estate Settlement Procedures Act, including the mortgage loan servicing transfer, escrow account administration, and borrower request for information and error resolution requirements;

(B) The Truth in Lending Act, title 15 United States Code sections 1601 through 1667f, as amended, and Regulation Z adopted thereunder, title 12 C.F.R. part 1026, as amended; or

(C) Rules and regulations issued or administered by the Consumer Financial Protection Bureau, and interpretations of the rules by the Consumer Financial Protection Bureau through interpretive rules, bulletins, statements of policy, and statements of guidance;

(2) Agreement with a governmental entity, agency, agent, or regulator, or state attorney general that applies to the mortgage servicer, including:

(A) A servicer participation agreement or other agreement to participate in the Home Affordable Modification Program or other Making Home Affordable Program;

(B) Home Affordable Modification Program rules, including guidance provided by Making Home Affordable Program handbooks, and supplemental directives; or

(C) The National Mortgage Settlement reached in 2012 by the federal government and forty-nine states, with the five largest mortgage servicers in the United States, to address mortgage servicing, foreclosure, and bankruptcy abuses;

(3) Order of a court or government regulator that applies to the mortgage servicer;

(4) Provision of this chapter or any rule adopted pursuant to this chapter; or

(5) Federal or state law, rule, or regulation.

(c) It shall be a violation of this chapter for any mortgage servicer to provide any services that would require licensing pursuant to chapter 454F, unless the mortgage servicer is licensed under chapter 454F.

(d) Notwithstanding any other provision of this chapter, a mortgage servicer shall not be in violation of this chapter if performance of a requirement under this chapter would constitute a violation of federal law, rules, or regulations. [L 2009, c 106, pt of §1; am L 2012, c 245, §5; am L 2015, c 62, §6; am L 2016, c 122, §24; am L 2017, c 46, §4]
Haw. Rev. Stat. § 461-4.5 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-4.5
Powers and duties.
Status: in_force

(a) In addition to any other powers and duties authorized by law, the board:

(1) Shall adopt, amend, and repeal rules pursuant to chapter 91, as it deems proper for the purposes of this chapter, Public Law 100-293, and title 21 Code of Federal Regulations part 205;

(2) Shall examine, license, reinstate, and renew the licenses of qualified applicants for registered pharmacists and wholesale prescription drug distributors; issue certificates of registration for registered pharmacy technicians; and issue and renew permits to operate pharmacies;

(3) May require the inspection of any wholesale prescription drug distributor premises in the State to ensure compliance with this chapter and rules adopted under this chapter, or may require an applicant for a pharmacy license to submit a statement that the premises, including but not limited to security and sanitation, are in conformance with the board's requirements and that the applicant possesses the reference materials and technical clinical equipment and supplies as may be specified in rules adopted under this chapter;

(4) May fine, suspend, or revoke any license, registration, or permit for any cause prescribed by this chapter, or for any violation of the rules adopted under this chapter, and refuse to grant or renew any license, registration, or permit for any cause which would be ground for revocation or suspension of a license, registration, or permit;

(5) May deny a license to any applicant who has been disciplined by another state or federal agency. Notwithstanding any law to the contrary, a final order of disciplinary action taken pursuant to this paragraph shall be a matter of public record; and

(6) May approve pilot and demonstration research projects for innovative applications in the practice of pharmacy; provided that the projects shall not include therapeutic substitution or substitution of a medical device used in patient care; provided further that nothing in this paragraph shall be construed to expand the definition of "practice of pharmacy" under section 461-1. The board may also:

(A) Approve a provision that grants an exception to any rule adopted under this paragraph;

(B) Extend the time an exception to a rule is granted, as may be necessary for the board to adopt an amendment or modification to the rule;

(C) Condition approval of a project upon compliance with this section and any rules adopted under this section; and

(D) Rescind approval and terminate a project if, at any time, a project fails to protect public health or welfare.

(b) Nothing in this chapter shall modify or limit any powers of the board or the department of health of this State. [L 1986, c 143, §1; am L 1992, c 196, §4 and c 202, §137; am L 1997, c 38, §4; am L 2016, c 38, §9; am L 2019, c 222, §2; am L 2025, c 93, § 3]
Haw. Rev. Stat. § 437D-17.5 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-17.5
Rental agreements; unpaid traffic infractions.
Status: in_force

Pursuant to section 291D-3.5, or other sections of the law and except for summons, citations, or violations relating to the care and maintenance of a rental motor vehicle, the lessor, as the registered owner of the rental motor vehicle, may be responsible for fines, costs, penalties, fees, or other charges related to traffic infractions of a motor vehicle while being leased or rented to a lessee. The lessor may adopt a policy of charging the lessee the actual amount paid for the traffic infractions to the court or other state government agency or county government plus an administrative fee not to exceed out-of-pocket expenses documented by receipts plus up to four hours of work multiplied by Hawaii's prevailing minimum wage relating to research of files and communications with the court, county government or governmental agencies and lessee; provided that every rental agreement of a lessor adopting the policy must disclose, at a minimum, in plain language and in at least ten-point bold typeface print:

(1) The maximum estimated amount of the administrative fee to be charged; and

(2) Language encouraging the lessee to pay directly to the court, county government or other appropriate government agency the applicable fines, costs, monetary assessments, penalties, fees, surcharges, or other charges. [L 1993, c 247, §1; am L 2007, c 85, §11]
Haw. Rev. Stat. § 463E-1 — HI Code / Division 2 / Title 25 / Chapter 463E / Section 463E-1
Definitions.
Status: in_force

As used in this chapter:

"Board" means Hawaii medical board.

"Department" means department of commerce and consumer affairs.

"Foot appliance" means any artificial apparatus used as a replacement for, an addition to, or in the treatment of the human foot whether it is medical, surgical, mechanical, manipulative, or electrical in nature.

"Podiatric medicine" means the medical, surgical, mechanical, manipulative, and electrical diagnosis and treatment of the human foot, malleoli, and ankle, including the surgical treatment of the muscles and tendons of the leg governing the functions of the foot, but does not include amputation above the ankle, treatment of systemic conditions, or the use of any anesthetic except local anesthetic.

"Podiatrist" means a person in the professional practice of podiatric medicine. [L 1973, c 80, pt of §1; am L 1982, c 204, §8; am L 1988, c 111, §1; am L 1989, c 240, §1; am L 2008, c 9, §3; am L 2014, c 69, §3]
Haw. Rev. Stat. § 440-14 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-14
Licenses, limitations, renewals.
Status: in_force

(a) No boxing contest shall be conducted, held, or given unless all the parties participating, as designated herein, are licensed by the commission, and it shall be unlawful for any individual or club to participate in a boxing contest in any capacity designated herein unless the person is licensed to do so.

(b) The commission may limit the number of licenses issued for any purpose as specified in this chapter and may limit the number of professional boxing contests conducted, held, or given in any city, town, or in the State.

(c) All licenses shall be for a period of not more than one year and all licenses shall expire on December 31 of the year in which the licenses are issued.

(d) The commission, at its discretion and upon application, may renew the licenses for the following year. Failure to timely renew any license shall result in the automatic forfeiture of the license. Any applicant whose license has been forfeited shall file an application for a new license and meet all current requirements, including successful passage of the examination, as the case may be, for the license.

(e) Every individual or club licensed under this chapter shall be subject to the rules adopted by the commission. [L 1929, c 216, §15; am L 1933, c 164, §2; RL 1935, §7002; RL 1945, §7563; am L 1949, c 264, §9; RL 1955, §165-14; HRS §440-14; am L 1976, c 15, §2; am L 1983, c 241, §12; am L 2004, c 135, §13]
Haw. Rev. Stat. § 448-23 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-23
Filing of false information; revocation of license.
Status: in_force

The board of dentistry shall refuse to grant a license to any applicant or shall revoke the license of any person who knowingly records, registers, or files, or offers for recordation, registration, or filing with the department of commerce and consumer affairs, any written statement which has been falsely made, completed, or altered, or in which a false entry has been made, or which contains a false statement or false information.
Haw. Rev. Stat. § 459-7 — HI Code / Division 2 / Title 25 / Chapter 459 / Section 459-7
Application; examination; reexamination; appeal; renewal; continuing education; license.
Status: in_force

(a) Except as otherwise provided in this chapter, every person desiring to begin or to continue the practice of optometry, before beginning or continuing practice, upon presentation of satisfactory evidence that the applicant is a graduate of an optometric college, school, or university approved by the Hawaii board of optometry and accredited by a regional or professional accreditation organization and recognized by the council on post-secondary accreditation or by the United States Department of Education, shall pass all examinations required by the board and comply with the following requirements:

(1) Submit a completed application for licensure to the department of commerce and consumer affairs;

(2) Submit a nonrefundable application fee together with the application; and

(3) Submit a copy of the applicant's diploma or certificate of graduation from an optometric college, school, or university approved in accordance with this subsection.

(b) Applicants for examination shall be given due notice of the date and place of each examination by the National Board of Examiners in Optometry. If a National Board of Examiners in Optometry examination is no longer recognized by the board, applicants shall pass an examination designated by the board and shall be notified by the board or testing agency designated by the board of the date and place of examination.

Every candidate who passes all examinations required by the board and who has met all requirements for licensure shall receive from the board a license to practice optometry.

(c) Each licensee shall pay a biennial license fee to the board on or before December 31 of each odd-numbered year for a renewal of the license for the biennium. The failure of any licensee to pay the biennial license fee and submit proof of satisfying the continuing education program requirements on or before December 31 of each odd-numbered year shall automatically constitute a forfeiture of the license. Any license which is so forfeited may be restored upon payment of a penalty, renewal, and recordkeeping fee as provided in rules adopted by the director pursuant to chapter 91, and upon submission of proof that the person whose license has been forfeited has satisfied all continuing education requirements for the biennium immediately preceding the application for restoration of the license. The applicant shall pay a recordkeeping fee for each biennium the license was on forfeited status.

(d) Each licensee, on or before the date designated in each odd-numbered year, shall submit to the board proof that the licensee has met the continuing education requirement through programs recognized and approved by the board. The board shall have the authority to extend the time for compliance of continuing education requirement if good cause is shown. The board shall adopt rules relating to the requirements and standards that continuing education programs shall meet to obtain recognition or approval from the board. [L 1917, c 187, §5; RL 1925, §1116; RL 1935, §1374; am L 1941, c 195, pt of §1; RL 1945, §2805; am L 1949, c 58, §1(3); am L 1951, c 230, §1; am L 1955, c 111, §1; RL 1955, §68-7; am L 1961, c 142, §5; HRS §459-7; am L 1972, c 2, §23 and c 123, §1; am L 1973, c 156, §1; am L 1975, c 118, §22; am L 1984, c 7, §54; am L 1985, c 224, §7 and c 294, §3; am L 1987, c 70, §1, c 152, §4, and c 283, §32; am L 1992, c 21, §2; am L 1994, c 123, §1; am L 1997, c 40, §15 and c 43, §1; am L 2018, c 203, §6]
Haw. Rev. Stat. § 437-59 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-59
Used vehicle recall; stop-sale orders.
Status: in_force

(a) A manufacturer shall compensate its new motor vehicle dealers for all labor and parts required by the manufacturer to perform recall repairs. Compensation for recall repairs shall be reasonable as described in subsection (e). If parts or a remedy are not reasonably available to perform a recall service or repair on a used vehicle held for sale by a dealer authorized to sell and service new vehicles of the same line make within thirty days of the manufacturer issuing the initial notice of recall, and the manufacturer has issued a stop-sale order on the vehicle, the manufacturer shall compensate the dealer at a prorated rate of at least one per cent of the value of the vehicle per month , beginning on the date that is thirty days after the date on which the stop-sale order was provided to the dealer until:

(1) The date the recall or remedy parts are made available; or

(2) The date the dealer sells, trades, or otherwise disposes of the affected used motor vehicle;

whichever is earlier.

(b) The value of a used vehicle shall be the average trade-in value for used vehicles as indicated in an independent third-party guide for the year, make, and model of the recalled vehicle.

(c) This section shall only apply to:

(1) Used vehicles subject to a stop-sale order for which repair parts or a remedy remain unavailable for thirty days or longer and that:

(A) Are in the dealer's inventory at the time the stop-sale order was issued; or

(B) Are taken into the used vehicle inventory of the dealer as a result of a consumer trade-in incident to the purchase of a new or certified pre-owned used vehicle from the dealer after the stop-sale order was issued; and

(2) New motor vehicle dealers holding an affected used vehicle for sale that is a line make that the dealer is franchised to sell or on which the dealer is authorized to perform recall repairs.

(d) Subject to the audit provisions of section 437-57, it shall be a violation of this section for a manufacturer to reduce the amount of compensation otherwise owed to an individual new motor vehicle dealer, whether through a chargeback, removal of the individual dealer from an incentive program, or reduction in amount owed under an incentive program solely because the new motor vehicle dealer has submitted a claim for reimbursement under this section; provided that this subsection shall not apply to an action by a manufacturer that is applied uniformly among all dealers of the same line make in the State.

(e) All reimbursement claims made by new motor vehicle dealers pursuant to this section for recall repairs, or for compensation where no part or repair is reasonably available and the vehicle is subject to a stop-sale order shall be subject to the same limitations and requirements as a warranty reimbursement claim made under section 437-56 or 437‑28(a)(21)(G). In the alternative, a manufacturer may compensate its franchised dealers under a national recall compensation program; provided that the compensation under the program is equal to or greater than that provided under subsection (a) or the manufacturer and dealer otherwise agree.

(f) Nothing in this section shall require a manufacturer to provide total compensation to a dealer that would exceed the total average trade-in value of the affected used motor vehicle, as originally determined under subsection (b).

(g) Any remedy provided to a dealer under this section is exclusive and may not be combined with any other state or federal recall compensation remedy.

(h) A manufacturer may direct the manner and method in which a dealer shall demonstrate the inventory status of an affected used motor vehicle to determine eligibility under this section; provided that the manner and method may not be unduly burdensome and may not require information that is unduly burdensome for a dealer to provide.

(i) For purposes of this section, a "stop-sale order" means a notification issued by a manufacturer to its franchised new motor vehicle dealers, stating that certain used vehicles in inventory should not be sold or leased, at either retail or wholesale. [L 2018, c 163, §2]
Haw. Rev. Stat. § 451A-14.1 — HI Code / Division 2 / Title 25 / Chapter 451A / Section 451A-14.1
Requirement of authorization from physician or otorhinolaryngologist; authorization records.
Status: in_force

(a) No person engaged in the fitting and selling of hearing aids shall sell, barter, offer to sell or otherwise knowingly establish a commercial relationship with a potential purchaser without first obtaining and maintaining in the dealer's possession written authorization by a physician that the purchaser or potential purchaser has been examined by the physician and that the physician has prescribed or approved a hearing device; provided that in the case of a child ten years of age or under, the written authorization must be by an otorhinolaryngologist.

(b) For the purposes of subsection (a) the written authorization must be signed by the physician or otorhinolaryngologist within six months prior to the date of sale, barter, offer, or commencement of a commercial relationship; provided that the six-month limit shall not apply if the written authorization of the physician or otorhinolaryngologist states that a return visit of the patient is not necessary for subsequent purchases of a hearing device.

(c) For the purposes of subsection (a), the hearing aid dealer and fitter may offer persons eighteen years of age or older an opportunity to waive the requirement of a medical examination if the hearing aid dealer and fitter:

(1) Informs the prospective user that the exercise of the waiver is not in the user's best health interest;

(2) Does not in any way actively encourage the prospective user to waive the medical examination; and

(3) Affords the prospective user the opportunity to sign the following statement:

"I have been advised by __________________ (hearing aid dealer and fitter's name) that the Director of Commerce and Consumer Affairs has determined that my best health interest would be served if I had a medical examination by a physician (preferably a physician who specializes in diseases of the ear) before purchasing a hearing aid. I do not wish a medical examination before purchasing a hearing aid."

(d) Every hearing aid dealer and fitter licensed pursuant to this chapter shall keep a suitable book or file, or a microfilm of the book or file, in which shall be preserved, for a period of not less than five years, every authorization by physicians or otorhinolaryngologists received pursuant to this section and every statement executed in accordance with subsection (c)(3). The book, file, or microfilm of the authorizations and statements shall at all times be open to inspection by the director and other law enforcement agencies. [L 1974, c 167, §3; gen ch 1985; am L 1986, c 277, §1; am L 1997, c 88, §11]
Haw. Rev. Stat. § 445-112 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-112
Where and when permitted.
Status: in_force

No person shall erect, maintain, or use a billboard or display any outdoor advertising device, except as provided in this section:

(1) The display of official notices and signs, posted by order of any court or public office, or posted by any public officer in the performance of a public duty, or posted by any person required to do so by any law or rule having the force of law;

(2) Any outdoor advertising device announcing a meeting or series of meetings is not prohibited by this section if displayed on the premises where the meeting or series of meetings will be or is being held. Meeting, as used in this section, includes all meetings regardless of whether open to the public or conducted for profit and includes but is not limited to sports events, conventions, fairs, rallies, plays, lectures, concerts, motion pictures, dances, and religious services;

(3) Any outdoor advertising device indicating that the building or premises on which it is displayed is the residence, office, or place of business, commercial or otherwise, of any individual, partnership, joint venture, association, club, or corporation, and stating the nature of the business;

(4) Any outdoor advertising device that advertises property or services that may be bought, rented, sold, or otherwise traded in on the premises or in the building on which the outdoor advertising device is displayed;

(5) The offering for sale of merchandise bearing incidental advertising, including books, magazines, and newspapers, in any store, newsstand, vending machine, rack, or other place where such merchandise is regularly sold;

(6) Any outdoor advertising device offering any land, building, or part of a building for sale or rent, if displayed on the property so offered or on the building so offered;

(7) Any outdoor advertising device carried by persons or placed upon vehicles used for the transportation of persons or goods, except as provided under section 445‑112.5, relating to vehicular advertising devices;

(8) Any outdoor advertising device warning the public of dangerous conditions that they may encounter in nearby sections of streets, roads, paths, public places, power lines, gas and water mains, or other public utilities;

(9) Signs serving no commercial purpose that indicate places of natural beauty, or of historical or cultural interest and that are made according to designs approved by the department of business, economic development, and tourism;

(10) Any outdoor advertising device or billboard erected, placed, or maintained upon a state office building, if erected, placed, or maintained by authority of a state agency, department, or officer for the sole purpose of announcing cultural or educational events within the State, and if the design and location thereof has been approved by the department of business, economic development, and tourism;

(11) Signs urging voters to vote for or against any person or issue, may be erected, maintained, and used, except where contrary to or prohibited by law;

(12) Signs stating that a residence that is offered for sale, lease, or rent is open for inspection at the actual time the sign is displayed and showing the route to the residence; provided that the sign contains no words or designs other than the words "Open House", the address of the residence, the name of the person or agency responsible for the sale, and an arrow or other directional symbol and is removed during such time as the residence is not open for inspection;

(13) The erection, maintenance, and use of billboards if the billboard is used solely for outdoor advertising devices not prohibited by this section;

(14) The continued display and maintenance of outdoor advertising devices actually displayed on July8,1965, in accordance with all laws and ordinances immediately theretofore in effect;

(15) The continued maintenance of any billboard actually maintained on July 8, 1965, and the display thereon of the same or new advertising devices, all in accordance with all laws and ordinances in effect immediately prior to July 9, 1965;

(16) Any outdoor advertising device, displayed with the authorization of the University of Hawaii, on any scoreboard of any stadium owned by the university. An outdoor advertising device displayed under this paragraph shall be on the front of the scoreboard and face the interior of the stadium;

(17) Any temporary outdoor advertising device attached to or supported by the structure of any stadium owned by the University of Hawaii, located within and facing the interior of the stadium, and authorized to be displayed by the university. For the purpose of this paragraph, "temporary" means displayed for a short period before the official start of organized athletic competition, during the organized athletic competition, and for a short period after the official end of the organized athletic competition;

(18) Any outdoor advertising device, displayed with the authorization of the stadium authority, on any scoreboard of any stadium operated by the stadium authority. An outdoor advertising device displayed under this paragraph shall be on the front of the scoreboard and face the interior of the stadium; and

(19) Any outdoor advertising device, displayed with the authorization of the city and county of Honolulu, on the scoreboard of the Waipio peninsula soccer stadium. The outdoor advertising device shall be:

(A) Attached to the bottom of the scoreboard;

(B) No longer than the width of the scoreboard; and

(C) No higher than twenty-five per cent of the scoreboard height.

The scoreboard shall be no larger than twenty-eight feet by ten feet. Any outdoor advertising device displayed pursuant to this paragraph shall be on the front of the scoreboard and face the interior of the stadium; provided that the outdoor advertising device shall not be visible from any thoroughfare. [L 1965, c 233, pt of §1; Supp, §155-121; HRS §445-112; am L 1986, c 245, §1; am L 1987, c 336, §7; am L 1990, c 293, §8; am L 1994, c 118, §1; am L 2003, c 194, §4; am L 2006, c 222, §3; am L 2015, c 37, §2]
Haw. Rev. Stat. § 449-5 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-5
License required to act as escrow depository.
Status: in_force

(a) No person shall act as an escrow depository in this State unless it is a corporation licensed to do so by the commissioner.

No person subject to the provisions of this chapter not licensed or exempted under this chapter shall transact any business under any name, title or descriptive term which contains the words "escrow", "escrow depository", or any other word or phrase having the same or similar meaning.

(b) No person shall act as an escrow depository from an out-of-state location for property located in this State unless licensed to act as a Hawaii escrow depository by the commissioner. [L 1967, c 144, pt of §1; HRS §449-5; am L 1969, c 39, §1; am L 1985, c 269, §50; am L 2010, c 49, §1]
Haw. Rev. Stat. § 467-7 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-7
Licenses required to act as real estate broker and salesperson.
Status: in_force

No person within the purview of this chapter shall act as real estate broker or real estate salesperson, or shall advertise, or assume to act as real estate broker or real estate salesperson without a license previously obtained under and in compliance with this chapter and the rules and regulations of the real estate commission.
Haw. Rev. Stat. § 454F-5 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-5
Issuance of license.
Status: in_force

(a) The commissioner shall not issue a license pursuant to this chapter unless the commissioner makes at a minimum the following findings:

(1) The applicant, or in the case of an applicant that is not an individual, each of the applicant's control persons, executive officers, directors, general partners, and managing members, has never had a mortgage loan originator or a mortgage loan originator company license revoked in any jurisdiction; provided that a subsequent formal vacation of a revocation shall not be deemed a revocation;

(2) The applicant, or in the case of an applicant that is not an individual, each of the applicant's control persons, executive officers, directors, general partners, and managing members, has not been convicted of, or pled guilty or nolo contendere, or been granted a deferred acceptance of a guilty plea under federal law or under chapter 853 to a felony in a domestic, foreign, or military court:

(A) During the seven-year period preceding the date of the application for licensing and registration; or

(B) At any time preceding the date of application, if the felony involved an act of fraud, dishonesty, breach of trust, or money laundering;

provided that any pardon of a conviction shall not be deemed a conviction for purposes of this section;

(3) The applicant, or in the case of an applicant that is not an individual, each of the applicant's control persons, executive officers, directors, general partners, and managing members, has demonstrated financial responsibility, character, and general fitness to command the confidence of the community and to warrant a determination that the applicant shall operate honestly, fairly, and efficiently pursuant to this chapter. For purposes of this paragraph, a person is not financially responsible when the person has shown a disregard in the management of the person's financial condition. A determination that a person has shown a disregard in the management of the person's financial condition may be based on:

(A) Current outstanding judgments, except judgments solely as a result of medical expenses;

(B) Current outstanding tax liens or other government liens and filings;

(C) Foreclosures within the past three years; and

(D) A pattern of seriously delinquent accounts within the past three years;

(4) The applicant, or in the case of an applicant that is not an individual, each of the applicant's control persons, executive officers, directors, general partners, and managing members, has not been convicted of, [pled] guilty or nolo contendere to, or been granted a deferred acceptance of a guilty plea under federal law or chapter 853 to any misdemeanor involving an act of fraud, dishonesty, breach of trust, or money laundering;

(5) The applicant, or in the case of an applicant that is not an individual, each individual mortgage loan originator who is employed by the mortgage loan originator company or who provides exclusive services to the applicant as a mortgage loan originator, has completed the pre-licensing education requirement described in section 454F-6;

(6) The applicant, or in the case of an applicant that is not an individual, each individual mortgage loan originator who is employed by the mortgage loan originator company or who provides exclusive services to the applicant as a mortgage loan originator, has passed a written test that meets the test requirements in section 454F-7; and

(7) The applicant has met the mortgage loan recovery fund requirement as required in section 454F-41.

(b) The applicant, or in the case of an applicant that is not an individual, each of the applicant's control persons, executive officers, directors, general partners, and managing members, shall submit authorization to the commissioner for the commissioner to conduct background checks to determine or verify the information in subsection (a) in each state where the person has conducted mortgage loan origination activities. Authorization pursuant to this subsection shall include consent to provide additional fingerprints, if necessary, to law enforcement or regulatory bodies in other states. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §12; am L 2011, c 194, §7; am L 2016, c 122, §8; am L 2017, c 150, §5]
Haw. Rev. Stat. § 471-8 — HI Code / Division 2 / Title 25 / Chapter 471 / Section 471-8
Examinations; qualifications of applicants.
Status: in_force

(a) No person shall be licensed to engage in the practice of veterinary medicine unless the person has passed an examination of the qualifications and fitness to engage in the practice of veterinary medicine given by the Hawaii board of veterinary medicine. Before any applicant shall be eligible for examination under this chapter the applicant, at least sixty days before the date set for examination, shall file an application in the form as shall be prescribed by the board, pay to the department of commerce and consumer affairs application and examination fees, and furnish proof satisfactory to the board that the applicant:

(1) Is eighteen or more years of age; and

(2) Is a graduate of:

(A) A veterinary college meeting all the standards established by the American Veterinary Medical Association Council on Education, or, in lieu thereof, has actively practiced for ten out of twelve years immediately preceding the date of application in a state having standards for licensing comparable to those in this State; or

(B) A foreign college of veterinary medicine who has successfully completed the requirements established by the American Veterinary Medical Association Educational Commission for Foreign Veterinary Graduates or the American Association of Veterinary State Boards Program for the Assessment of Veterinary Education Equivalence.

(b) Examinations shall be given by the board, which shall be composed of written questions, a part of which shall consist of those aspects of veterinary medicine common to the State on toxic substances, parasite diseases, unique soil conditions, and quarantine standards. The same questions shall be given to each person being examined during a particular examination. The subject matter of the examinations shall embrace the subjects and demonstrations of practical ability normally covered in the curricula of American veterinary colleges. The form of the examination shall be determined by the board. Applicants shall certify on the application that they have read, understood, and agree to comply with the laws and rules that the board determines are required for licensure.

The requirements imposed by this section shall not be a bar to renewal, reissuance, or restoration of any license issued prior to May 13, 1949.

(c) A temporary permit may be issued subject to the following conditions:

(1) An applicant is a graduate of:

(A) A veterinary college meeting all the standards established by the American Veterinary Medical Association Council on Education; or

(B) A foreign college of veterinary medicine who has successfully completed the requirements established by the American Veterinary Medical Association Educational Commission for Foreign Veterinary Graduates or the American Association of Veterinary State Boards Program for the Assessment of Veterinary Education Equivalence;

(2) Veterinarians licensed by another state board of veterinary medicine;

(3) The temporary permittee shall practice veterinary medicine only under the supervision of a veterinarian licensed to practice in Hawaii who holds a current, unencumbered, active license. At all times when the temporary permittee is engaged in the practice of veterinarian medicine, the licensed veterinarian shall be physically present on the same island as the temporary permittee and must be available on a daily basis for consultation with the permittee;

(4) Only one permit, which shall be nonrenewable, shall be issued to an applicant;

(5) The temporary permit shall be valid until the results of the Hawaii state board examination taken by the permittee are known; provided, that failure of the Hawaii state board exam, the National Board Examination, or Clinical Competency Test shall immediately terminate the temporary permit; and

(6) In any event, no permit shall be valid for longer than twenty-four months. [L 1949, c 280, pt of §1; RL 1955, §73-8; am L 1961, c 142, §9(a); HRS §471-8; am L 1972, c 2, §29; am L 1973, c 157, §1; am L 1978, c 22, §1; am L 1982, c 204, §8; am L 1984, c 7, §76 and c 44, §4; am L 1998, c 184, §1; am L 2018, c 203, §8; am L 2022, c 71, §4]
Haw. Rev. Stat. § 443B-3 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-3
Registration required.
Status: in_force

(a) No collection agency shall collect or attempt to collect any money or any other forms of indebtedness alleged to be due and owing from any person who resides or does business in this State without first registering under this chapter.

(b) Registration shall include:

(1) Submission of a complete application for registration;

(2) Submission of a certificate of good standing or a certificate of authority from the business registration division;

(3) Payment of appropriate fees;

(4) Filing and maintenance of a bond in the amount prescribed in section 443B-5;

(5) Maintenance of a regular active business office in the State; and

(6) Designation of a principal collector, as prescribed in section 443B-6.

(c) Any collection agency which has filed a bond with the director and maintained that bond in full force and effect, and which has not filed an application and paid the registration fee within ninety days of June 6, 1987, shall submit an application in the same manner as a new applicant subject to the provisions of sections 443B-4 and 443B-6. [L 1987, c 191, pt of §1; am L 1990, c 246, §5; am L 1996, c 13, §12]
Haw. Rev. Stat. § 463E-9 — HI Code / Division 2 / Title 25 / Chapter 463E / Section 463E-9
Recalcitrant witnesses; contempt.
Status: in_force

If any person called before the board as a witness in any proceeding involving the revocation or suspension of a license, whether under subpoena or otherwise, except as privileged by law, refuses to answer any question which is relevant to the proceeding and is put to the person by the board, a member of the board, or the person whose license is sought to be revoked or suspended in the proceeding, or disobeys any order of the circuit court relating to the proceeding, the board shall report the matter in writing to any judge of the circuit court of the circuit in which the proceeding is held and the person shall be cited to appear before the circuit judge to show cause why the person should not be punished for contempt of court.
Haw. Rev. Stat. § 441-43 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-43
Inspection, regulation, and supervision of administrator.
Status: in_force

Any administrator of a perpetual care fund, other than a trust company, shall be subject to inspection, supervision, and regulation by the director to the same extent and in the same manner as may be from time to time provided by law for the inspection, supervision, and regulation of trust companies doing business in the State.