Haw. Rev. Stat. § 481C-1 — HI Code / Division 2 / Title 26 / Chapter 481C / Section 481C-1
Definitions.
Status: in_force

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

"Business day" means any calendar day, except Saturday, Sunday, or any state or federal holiday.

"Cash sale price" means the cash sale price stated in a contract for which the seller would sell to the buyer, and the buyer would buy from the seller, the goods which are the subject matter of the contract if the sale were a sale for cash instead of by payments made in installments over a period of time. The cash sale price may include taxes, registration, license, and other fees and charges for accessories and their installation and for delivering, servicing, repairing, or improving the goods.

"Contract" means any agreement, including a conditional sales contract or any other form of instrument, evidencing an obligation to pay the purchase price, or moneys advanced in payment of the purchase price of goods, by payment thereof in one payment, or more than one payment made in installments over a period of time, whether or not the contract contains a title retention provision.

"Door-to-door sale":

(1) Means:

(A) A sale of goods or services solicited in person and signed by the buyer at a place other than the seller's business address shown on the contract;

(B) A sale of goods or services solicited in person or by mail or telephone; or

(C) A public or private notice or advertisement if the solicitation includes an offer of a gift, prize, premiums, stamps, coupons, tickets, or other redeemable devices as an inducement for the person solicited or a member of the person's immediate family to go to the seller's place of business, whether the buyer signs at the seller's place of business or elsewhere; and

(2) Does not include a transaction:

(A) Made pursuant to prior negotiations in the course of a visit by the buyer to a retail business establishment having a fixed permanent location where the goods are exhibited or the services are offered for sale on a continuing basis;

(B) In which the buyer has initiated the contact and the goods or services are needed to meet a bona fide immediate personal emergency of the buyer, and the buyer furnishes the seller with a separate dated and signed personal statement in the buyer's handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the sale within three business days;

(C) Conducted and consummated entirely by mail or telephone and without any other contact between the buyer and the seller or its representative prior to delivery of the goods or performance of the services; or

(D) In which the buyer has initiated the contact and specifically requested the seller to visit the buyer's home for the purpose of repairing or performing maintenance upon the buyer's personal property. If in the course of such a visit, the seller sells the buyer the right to receive additional services or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the sale of those additional goods or services would not fall within this exclusion.

"Goods" means all chattels personal, other than money and things in action, except as herein provided, and includes emblements, growing crops, and things which attach to or form a part of land which are agreed to be severed before sale under the contract and things which at the time of sale or subsequently are to be so affixed to real property as to become a part thereof, whether or not severable therefrom. The term includes merchandise certificates or coupons, issued by a seller, to be used in their face amount in lieu of cash in exchange for goods sold by such a seller. The term also includes services as herein defined.

"Sale" means any sale with a purchase price of $5 or more, or $25 if the merchandise is capable of being delivered at one time, other than for resale, of goods to a buyer pursuant to a contract. It does not include a sale to a business establishment.

"Seller" means any person, partnership, corporation, association, or other group, however organized, engaged in the door-to-door sale of goods or services.

"Services" means work, labor, or service of any kind whether purchased primarily for personal, family, or household use, and whether or not furnished in connection with the delivery, installation, servicing, repair, or improvement of goods, and includes repairs, alterations, or improvements upon or in connection with real property. [L 1976, c 32, pt of §5; gen ch 1985; am L 2008, c 19, §18]

Revision Note
Haw. Rev. Stat. § 481X-9 — HI Code / Division 2 / Title 26 / Chapter 481X / Section 481X-9
Applicability of premium taxes.
Status: in_force

Service contract provider fees shall not be subject to premium taxes. Contractual liability insurance policies shall be subject to premium taxes.
Haw. Rev. Stat. § 489N-3 — HI Code / Division 2 / Title 26 / Chapter 489N / Section 489N-3
Jurisdiction.
Status: in_force

(a) An international matchmaking organization shall be deemed to be doing business in Hawaii if it contracts for matchmaking services with a Hawaii resident or is considered to be doing business under any other law of this State.

(b) Notwithstanding any other law to the contrary, Hawaii residents using the services of an international matchmaking organization shall be subject to the laws of this State. [L 2003, c 149, pt of §1; am L 2006, c 74, §3]
Haw. Rev. Stat. § 483-5 — HI Code / Division 2 / Title 26 / Chapter 483 / Section 483-5
Effect of knowledge of obligee in making release.
Status: in_force

If an obligee releasing or discharging an obligor without express reservation of rights against a co-obligor, then knows or has reason to know that the obligor released or discharged did not pay so much of the claim as the obligor was bound by the obligor's contract or relation with that co-obligor to pay, the obligee's claim against that co-obligor shall be satisfied to the amount which the obligee knew or had reason to know that the released or discharged obligor was bound to such co-obligor to pay.

If an obligee so releasing or discharging an obligor has not then such knowledge or reason to know, the obligee's claim against the co-obligor shall be satisfied to the extent of the lesser of two amounts, namely (1) the amount of the fractional share of the obligor released or discharged, or (2) the amount that such obligor was bound by the obligor's contract or relation with the co-obligor to pay. [L 1941, c 60, §5; RL 1945, §8745; RL 1955, §192-5; HRS §483-5; gen ch 1985]
Haw. Rev. Stat. § 481X-11 — HI Code / Division 2 / Title 26 / Chapter 481X / Section 481X-11
Rules.
Status: in_force

The commissioner may adopt rules pursuant to chapter 91 to implement this chapter.
Haw. Rev. Stat. § 482-22 — HI Code / Division 2 / Title 26 / Chapter 482 / Section 482-22
Application for registration.
Status: in_force

(a) Subject to the limitations set forth in this part, any person who uses a mark may file in the office of the director, in a manner complying with the requirements of the director, an application for registration of that mark setting forth at least the following information:

(1) The name and business address of the person or entity applying for such registration and the state of organization or incorporation, or if a partnership, the state in which the partnership is formed;

(2) The goods or services on or in connection with which the mark is used, the mode or manner in which the mark is used on or in connection with such goods or services, and the class in which such goods or services fall;

(3) The date when the mark was first used anywhere, and the date when it was first used in this State by the applicant or a predecessor in interest; and

(4) A statement that the applicant is the owner of the mark, the mark is in use, and to the knowledge of the person verifying the application, no other person has registered, either federally or in this State, or has the right to use, the mark either in the identical form thereof or in such near resemblance thereto as to be likely, when applied to the goods or services of the other person, to cause confusion, to cause mistake, or to deceive.

(b) The director may also require a statement as to whether an application to register the mark, or portions or a composite thereof, has been filed by the applicant or a predecessor in interest in the United States Patent and Trademark Office; and, if so, the applicant shall fully disclose the filing date and serial number of each application, the status of the application, and if any application was finally refused registration or has otherwise not resulted in a registration, the reasons therefor.

(c) The director may also require that a drawing of the mark accompany the application and comply with requirements the director may specify in rules.

(d) The application shall be signed and verified by the applicant, a member of the firm, or an officer of the corporation or association applying. The application shall be accompanied by one specimen per class of goods or services showing the mark as actually used on or in connection with such goods or services and the application fee payable to the director. [L 2001, c 15, pt of §1; am L 2003, c 124, §93]
Haw. Rev. Stat. § 481J-3 — HI Code / Division 2 / Title 26 / Chapter 481J / Section 481J-3
Disclaimers void; authorized waivers; exemptions; "as is" sales.
Status: in_force

(a) Any agreement entered into by a consumer for the purchase of a used motor vehicle that waives, limits, or disclaims any of the rights set forth in section 481J-2 shall be void as contrary to public policy. If a dealer fails to give the written warranty required by this chapter, the dealer nevertheless shall be deemed to have given the warranty as a matter of law.

(b) Notwithstanding subsection (a), the consumer may waive a warranty required pursuant to this chapter only as to a particular defect or malfunction which the dealer has disclosed to the consumer. No such waiver shall be effective unless such waiver:

(1) Is in writing;

(2) Is conspicuous and is in plain language;

(3) Identifies the particular disclosed defect or malfunction in the used motor vehicle for which the warranty is to be waived;

(4) States what warranty, if any, shall apply to the disclosed defect or malfunction; and

(5) Is signed by both the consumer and the dealer prior to sale.

(c) This chapter shall not apply to:

(1) Used motor vehicles sold for less than $1,500;

(2) Used motor vehicles with over seventy-five thousand miles at the time of sale if the mileage is indicated in writing at the time of sale;

(3) Used motor vehicles that are five years of age or older, calculated from the first day in January of the designated model year of the vehicle;

(4) Vehicles that have been custom-built or modified for show purposes or racing; or

(5) Vehicles which are inoperable and a total loss. For the purpose of this paragraph, a vehicle is a "total loss" only if there is material damage to the vehicle's frame, unitized structure, or suspension system, and the projected cost of repairing the damage exceeds the market value of the vehicle at the time of the incident causing it to be declared a total loss.

(d) A used motor vehicle may be sold "as is" by a dealer only if it falls within the exemptions set out in this section. No "as is" disclaimer by a dealer shall be enforceable unless all of the following conditions are met:

(1) A disclaimer shall appear on the front page of the contract of sale, which shall read as follows:

"AS IS"

THIS VEHICLE IS SOLD "AS IS". YOU WILL HAVE TO PAY FOR ANY REPAIRS NEEDED AFTER SALE. IF WE HAVE MADE ANY PROMISES TO YOU, THE LAW SAYS WE MUST KEEP OUR PROMISES, EVEN IF WE SELL "AS IS". TO PROTECT YOURSELF, ASK US TO PUT ALL PROMISES IN WRITING.

(2) The text of the disclaimer shall be printed in twelve-point boldface type, except the heading, which shall be in sixteen-point extra boldface type. The entire notice shall be boxed.

(3) The consumer shall sign the consumer's name and the date within the box containing the disclaimer prior to sale. A copy of the signed disclaimer shall be kept by the dealer for a two-year period from the date of the consumer's signature.

(e) An "as is" sale of a used motor vehicle waives implied warranties but shall not waive any express warranties, either oral or written, upon which the consumer relied in entering into the transaction.

(f) In selling or offering to sell any used motor vehicle, and in providing the express warranty required by this chapter, a dealer shall comply in all respects with the Federal Trade Commission's "Used Motor Vehicle Trade Regulation Rule", 16 Code of Federal Regulations, part 455. [L 1994, c 224, pt of §1]
Haw. Rev. Stat. § 481F-3 — HI Code / Division 2 / Title 26 / Chapter 481F / Section 481F-3
Prohibited acts.
Status: in_force

(a) Any written instrument which solicits a direct sale of print multiples in, into, or from this State published or distributed by any seller of print multiples shall clearly and conspicuously disclose the informational detail required by section 481F-4. This requirement is not applicable to general written material or advertising which does not constitute an offer to effect a specific sale.

(b) If the seller who publishes or distributes a written instrument which solicits a direct sale of prints in, into, or from this State disclaims knowledge as to any informational detail required by section 481F-4, the seller shall so state specifically and categorically with regard to each such detail to the end that the purchaser is enabled to judge the degree of uniqueness or scarcity of the prints offered for sale.

(c) No print multiple shall be offered for sale or sold in, into, or from this State by any seller, at wholesale or retail, unless the seller furnishes the purchaser a written instrument which clearly and conspicuously discloses the informational detail required by section 481F-4 prior to receiving any payment from the purchaser.

(d) If the seller of print multiples disclaims knowledge as to any informational detail required by section 481F-4, the seller shall so state specifically and categorically with regard to each such detail to the end that the purchaser is enabled to judge the degree of uniqueness or scarcity of the prints.

(e) A seller of print multiples may sell or offer to sell prints described in section 481F-2 without furnishing the informational details required by section 481F-4, unless the prints purport to be signed, numbered, approved by the artist, or to comprise a limited edition, in which case all of the informational details required by section 481F-4 shall be furnished. [L 1986, c 194, pt of §2]
Haw. Rev. Stat. § 481-23 — HI Code / Division 2 / Title 26 / Chapter 481 / Section 481-23
Fraudulent representation of origin of goods.
Status: in_force

No person shall sell or offer for sale at retail any goods incorrectly purporting to be manufactured by or for or sold by the government of the United States.
Haw. Rev. Stat. § 476-7 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-7
Contract copy to buyer; acknowledgment.
Status: in_force

(a) Upon the execution of the contract, a copy thereof, signed by the parties, shall be delivered immediately to the buyer; provided that if the contract is signed only by one party, and the signing thereof by the other is postponed, a copy thereof, as signed by the party, shall be delivered immediately to the buyer.

(b) Until a copy of the contract signed by the parties is delivered to the buyer, a buyer who has not received delivery of the goods has the right to cancel the contract and to receive immediate refund of all payments made and redelivery of all goods traded in to the seller on account of or in contemplation of the contract. This subsection shall not apply when merchandise has been specifically ordered or custom made to specifications of the purchaser and evidence of the order is provided by the seller.

(c) Any acknowledgment by the buyer of delivery of a copy of the contract, if contained in the contract, shall appear on the same page of the contract and above the notice above the buyer's signature and the words "CREDIT SALE CONTRACT" required by section 476-3. [L 1961, c 102, pt of §1; Supp, §201A-4; HRS §476-4; am and ren L 1984, c 86, pt of §1]
Haw. Rev. Stat. § 486-122 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-122
Sale from bulk.
Status: in_force

All bulk sales in which the buyer and seller are not both present to witness the measurement, all bulk deliveries of heating fuel, and all other bulk sales specified by rule of the board shall be accompanied by a delivery ticket containing the following information:

(1) The name and address of the buyer and seller;

(2) The date delivered;

(3) The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity, for example when temperature compensated sales are made;

(4) The unit price, unless otherwise agreed upon by both buyer and seller;

(5) The identity in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale; and

(6) The count of individually wrapped packages, if more than one. [L 1991, c 153, pt of §6; am L 1993, c 54, §13]
Haw. Rev. Stat. § 486-56 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-56
Adoption of standards and rules.
Status: in_force

The standards as published by ASTM International and SAE International are adopted except as amended or modified by rule of the board pursuant to chapter 91. The board may also adopt rules on the advertising, labeling, standards for, handling, storing, dispensing, and selling of petroleum products. Notwithstanding the foregoing, rules adopted by the board referring to ASTM D4814, relating to standard specification for automotive spark-ignition engine fuel, shall be deemed to refer to version ASTM D4814-13b adopted in 2013, as modified by the National Institute of Standards and Technology Handbook 130, part IV, subpart G, section 2.1 adopted in 2013.
Haw. Rev. Stat. § 489P-5 — HI Code / Division 2 / Title 26 / Chapter 489P / Section 489P-5
Persons not required to place security freeze.
Status: in_force

The requirement under this chapter to place a security freeze on a credit report shall not apply to:

(1) A check services or fraud prevention services company that reports on incidents of fraud or issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payment;

(2) A deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, ATM abuse, or similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution;

(3) A consumer reporting agency that:

(A) Acts only to resell credit information by assembling and merging information contained in a database of one or more consumer reporting agencies; and

(B) Does not maintain a permanent database of credit information from which new credit reports are produced. [L 2006, c 138, pt of §1]
Haw. Rev. Stat. § 489E-1 — HI Code / Division 2 / Title 26 / Chapter 489E / Section 489E-1
Short title.
Status: in_force

This chapter shall be cited as the Uniform Electronic Transactions Act.
Haw. Rev. Stat. § 486-79 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-79
Citation and notice to appear.
Status: in_force

The administrator may issue to any person violating this part, a citation and notice to appear, at a given time and place, to answer to charges against the person.

The form, contents, copy designation and disposition, and appearance dates of such citation and notice to appear shall be prescribed by the district courts. When a complaint of the violation of this part, including any rules adopted thereunder, is made to any prosecuting officer, the arresting officer or employee who issued the citation and notice to appear shall subscribe to it under oath administered by another official or officials of the department, whose name has been submitted to the prosecuting officer and who has been designated by the administrator to administer the same. [L 1988, c 156, pt of §3; am L 2008, c 19, §54]
Haw. Rev. Stat. § 481L-3 — HI Code / Division 2 / Title 26 / Chapter 481L / Section 481L-3
Trade-in vehicle.
Status: in_force

A trade-in vehicle used to reduce the gross capitalized cost shall be identified as a trade-in vehicle in the lease agreement and identified by year, make, and model. The lease agreement shall also state, in an amount distinct from the capitalized cost reduction, the total credit value of the trade-in vehicle, including a good-faith estimate of any liability against the trade-in vehicle to be discharged by the retail lessor.
Haw. Rev. Stat. § 481X-4 — HI Code / Division 2 / Title 26 / Chapter 481X / Section 481X-4
Financial responsibility.
Status: in_force

A provider shall comply with the requirements under any one of the following paragraphs, and shall not be subject to any other financial security requirements under state law:

(1) The provider shall insure all service contracts under a contractual liability insurance policy issued by an insurer authorized to transact insurance in this State or issued pursuant to part III of article 8 of chapter 431;

(2) The provider shall:

(A) Maintain a funded reserve account for all obligations under service contracts issued and in force in this State. The reserves shall not be less than forty per cent of the gross consideration received from the sale of the service contract, less claims paid, for all in force contracts. The reserve account shall be subject to examination by the commissioner; and

(B) Place in trust with the commissioner, for all service contracts issued and in force in this State, a financial security deposit having a value that is the larger of $25,000 or five per cent of the gross consideration received, less claims paid for the sale of the service contracts. The financial security deposit shall consist of one of the following:

(i) A surety bond issued by an authorized surety;

(ii) Securities of the type eligible for deposit by authorized insurers in this State;

(iii) Cash;

(iv) A letter of credit issued by a qualified financial institution; or

(v) Another form of security authorized by the commissioner by rule; or

(3) The provider or its parent company shall:

(A) Maintain a net worth or stockholders' equity of at least $100,000,000; and

(B) Upon request, provide the commissioner with a copy of the provider's or the provider's parent company's most recent Form 10-K or Form 20-F filed with the Securities and Exchange Commission within the last calendar year, or if the company does not file with the Securities and Exchange Commission, a copy of the provider's or the provider's parent company's audited financial statements.

If the financial responsibility requirement under this paragraph is to be maintained by the provider's parent company, the parent company shall guarantee the provider's obligations under service contracts sold by the provider in this State. [L 2000, c 221, pt of §2; am L 2006, c 154, §45]
Haw. Rev. Stat. § 482-53 — HI Code / Division 2 / Title 26 / Chapter 482 / Section 482-53
Common law rights.
Status: in_force

Nothing in this chapter shall adversely affect common law rights in trade names, entity names, service marks, or trademarks, or the enforcement of those rights.
Haw. Rev. Stat. § 488-4 — HI Code / Division 2 / Title 26 / Chapter 488 / Section 488-4
Accumulated funds, protection, violation.
Status: in_force

(a) The plan administrator shall have the responsibilities of a trustee for all funds received, accumulated, or collected under this chapter.

(b) The plan administrator, upon receipt of funds intended for payment to a person providing legal services pursuant to this chapter, shall maintain the funds at all times in a federally insured account with a bank, savings and loan association, or financial services loan company located in Hawaii, separate from the plan's own funds or funds held by the plan administrator in any other capacity, in an amount at least equal to the funds collected and unpaid to the persons providing legal services, unless otherwise approved by the commissioner. Only additional funds that are reasonably necessary to pay bank, savings and loan association, or financial services loan company charges may be commingled with the funds accumulated pursuant to this section. If the bank, savings and loan association, or financial services loan company account is an interest earning account, the plan shall not retain the interest earned on accumulated funds for the plan or plan administrator's own use or benefit without the prior written consent of the person entitled to the funds. A plan trustee account shall be designated on the records of the bank, savings and loan association, or financial services loan company as a "trustee account established pursuant to section 488-4, Hawaii Revised Statutes", or words of similar import.

(c) The plan administrator shall obtain a $100,000 bond, which shall be executed by the plan administrator and a surety company authorized to do business in the State as a surety.

The bond shall run to the State for the benefit of any claimants against the plan to secure the faithful performance of the obligations of the plan. The aggregate liability of the surety shall not exceed the principal sum of the bond. The plan administrator shall provide the commissioner with proof of the bond at the time of the initial request for approval and at any time thereafter as requested by the commissioner. The plan shall not release the bond without the commissioner's approval. In lieu of the bond required by this section, the commissioner may accept letters of credit, certificates of deposits, or other evidence of security in form and amounts deemed appropriate by the commissioner.

(d) Any person, including a plan administrator, owner, operator, officer, employee, or representative who, not being lawfully entitled to do so, diverts or appropriates funds accumulated pursuant to this section or any portion of accumulated funds for the person's own use, shall be subject to penalties as provided by law. [L 1976, c 156, pt of §1; am L 1992, c 78, §2; am L 2010, c 47, §1(4); am L 2011, c 186, §6]
Haw. Rev. Stat. § 481G-2 — HI Code / Division 2 / Title 26 / Chapter 481G / Section 481G-2
Exemption.
Status: in_force

This chapter shall not apply to franchises as defined in section 482E-2.
Haw. Rev. Stat. § 486-55 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-55
General duties and powers.
Status: in_force

The board may:

(1) Enforce and administer this part by inspections, analyses, and other appropriate actions;

(2) Have access during normal business hours to all places where petroleum products are marketed or being held for the purpose of examination, inspection, taking of samples, and investigation. If such access is refused by the owner or agent or other persons leasing the same, the board or its agent may obtain a search warrant from a court of competent jurisdiction;

(3) Collect, or cause to be collected, samples of petroleum products marketed or being held in this State, and cause such samples to be tested or analyzed for compliance with this part; and

(4) Issue a stop-sale order for any petroleum product found not to be in compliance and remand said stop-sale order if the petroleum product is brought into full compliance with this part. [L 1991, c 153, §4]
Haw. Rev. Stat. § 487J-5 — HI Code / Division 2 / Title 26 / Chapter 487J / Section 487J-5
Policy and oversight responsibility.
Status: in_force

(a) By September 1, 2009, each government agency shall designate an agency employee to have policy and oversight responsibilities for the protection of personal information.

(b) The designated agency employee shall:

(1) Ensure and coordinate agency compliance with this chapter, chapter 487N, and chapter 487R;

(2) Assist individuals who have identity theft and other privacy-related concerns;

(3) Provide education and information to agency staff on privacy and security issues;

(4) Coordinate with state, county, and federal law enforcement agencies on identity theft investigations; and

(5) Recommend policies and practices to protect individual privacy rights relating to the individual's personal information. [L Sp 2008, c 10, §2]
Haw. Rev. Stat. § 481X-3 — HI Code / Division 2 / Title 26 / Chapter 481X / Section 481X-3
Registration.
Status: in_force

(a) Before conducting business in this State, a provider shall register with the commissioner, on a form prescribed by the commissioner, and shall pay to the commissioner a fee as provided under section 431:7-101.

(b) Provider registration shall be updated annually and shall contain the following information:

(1) The address of the principal office of the provider;

(2) The name and address of the provider's agent for the service of process in this State, if other than the provider;

(3) The identities of the provider's executive officer or officers directly responsible for the provider's service contract business;

(4) The name, address, and telephone number of any administrators designated by the provider to be responsible for the administration of service contracts in this State ; and

(5) A statement that the provider is in compliance with the financial responsibility requirements of section 481X-4 and that details how the provider intends to meet the requirements, and proof of compliance with the requirements. [L 2000, c 221, pt of §2; am L 2019, c 16, §2]
Haw. Rev. Stat. § 482B-1 — HI Code / Division 2 / Title 26 / Chapter 482B / Section 482B-1
Short title.
Status: in_force

This chapter may be cited as the Uniform Trade Secrets Act.
Haw. Rev. Stat. § 481-27 — HI Code / Division 2 / Title 26 / Chapter 481 / Section 481-27
Injunctions.
Status: in_force

Any person violating or neglecting or failing in any particular to conform to or comply with this part may be enjoined by the circuit court of the State by mandatory or restraining order necessary or proper to effectuate the purposes of this part in a suit brought by the attorney general in the name of the State or by any private person in the person's own name.
Haw. Rev. Stat. § 483-3 — HI Code / Division 2 / Title 26 / Chapter 483 / Section 483-3
Crediting of payments made to obligee.
Status: in_force

The amount or value of any consideration received by the obligee from one or more of several obligors, or from one or more of joint, or of joint and several obligors, in whole or in partial satisfaction of their obligations, shall be credited to the extent of the amount received on the obligations of all co-obligors to whom the obligor or obligors giving the consideration did not stand in the relation of a surety.
Haw. Rev. Stat. § 485A-102 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-102
Definitions.
Status: in_force

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

"Agent" means an individual, other than a broker-dealer, who represents a broker-dealer in effecting or attempting to effect purchases or sales of securities or represents an issuer in effecting or attempting to effect purchases or sales of the issuer's securities. A partner, officer, or director of a broker-dealer or issuer, or an individual having a similar status or performing similar functions , is an agent only if the individual otherwise falls within this definition. The definition shall not include an individual excluded by rule adopted or order issued under this chapter.

"Bank" means:

(1) A banking institution organized under the laws of the United States;

(2) A member bank of the Federal Reserve System;

(3) Any other banking institution, whether incorporated or not, doing business under the laws of a state or of the United States, a substantial portion of the business of which consists of receiving deposits or exercising fiduciary powers similar to those permitted to be exercised by national banks under the authority of the Comptroller of the Currency pursuant to section 1 of Public Law 87-722 (12 U.S.C. 92a), and which is supervised and examined by a state or federal agency having supervision over banks, and which is not operated for the purpose of evading this chapter; or

(4) A receiver, conservator, or other liquidating agent of any institution or firm included in paragraph (1), (2), or (3).

"Broker-dealer" means a person engaged in the business of effecting transactions in securities for the accounts of others or for the person's own account. The term shall not include:

(1) An agent;

(2) An issuer;

(3) A depository institution;

(4) Any person licensed as a real estate broker or real estate salesperson under the laws of this State while effecting transactions in a security exempted by sections [485A-202(a)(24)] and [485A-202(a)(25)];

(5) An international banking institution; or

(6) A person excluded by rule adopted or order issued under this chapter.

"Commissioner" means the commissioner of securities of this State.

"Depository institution" means:

(1) A bank; or

(2) A savings institution, trust company, credit union, or similar institution that is organized or chartered under the laws of a state or of the United States, authorized to receive deposits, and supervised and examined by an official or agency of a state or the United States if its deposits or share accounts are insured to the maximum amount authorized by statute by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund, or a successor authorized by federal law. The term shall not include:

(A) An insurance company or other organization primarily engaged in the business of insurance;

(B) A Morris Plan bank; or

(C) An industrial loan company.

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

"Federal covered investment adviser" means a person registered under the Investment Advisers Act of 1940.

"Federal covered security" means a security that is, or upon completion of a transaction will be, a covered security under section 18(b) of the Securities Act of 1933 (15 U.S.C. 77r(b)), or rules or regulations adopted pursuant to that provision.

"Filing" means the receipt of a record required under this chapter by the commissioner or a designee of the commissioner.

"Fraud", "deceit", and "defraud" are not limited to common law deceit.

"Guaranteed" means guaranteed as to payment of all principal and all interest.

"Institutional investor" means any of the following, whether acting for itself or for others in a fiduciary capacity:

(1) A depository institution or international banking institution;

(2) An insurance company;

(3) A separate account of an insurance company;

(4) An investment company as defined in the Investment Company Act of 1940;

(5) A broker-dealer registered under the Securities Exchange Act of 1934;

(6) An employee pension, profit-sharing, or benefit plan if the plan has total assets in excess of $10,000,000 or its investment decisions are made by a named fiduciary, as defined in the Employee Retirement Income Security Act of 1974, that is a broker-dealer registered under the Securities Exchange Act of 1934, an investment adviser registered or exempt from registration under the Investment Advisers Act of 1940, an investment adviser registered under this chapter, a depository institution, or an insurance company;

(7) A plan established and maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or a political subdivision of a state for the benefit of its employees, if the plan has total assets in excess of $10,000,000 or its investment decisions are made by a duly designated public official or by a named fiduciary, as defined in the Employee Retirement Income Security Act of 1974, that is a broker-dealer registered under the Securities Exchange Act of 1934, an investment adviser registered or exempt from registration under the Investment Advisers Act of 1940, an investment adviser registered under this chapter, a depository institution, or an insurance company;

(8) A trust, if it has total assets in excess of $10,000,000, its trustee is a depository institution, and its participants are exclusively plans of the types identified in paragraph (6) or (7), regardless of the size of their assets, except a trust that includes as participants self-directed individual retirement accounts or similar self-directed plans;

(9) An organization described in section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)), corporation, Massachusetts trust or similar business trust, limited liability company, or partnership, not formed for the specific purpose of acquiring the securities offered, with total assets in excess of $10,000,000;

(10) A small business investment company licensed by the Small Business Administration under section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 681(c)) with total assets in excess of $10,000,000;

(11) A private business development company as defined in section 202(a)(22) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(22)) with total assets in excess of $10,000,000;

(12) A federal covered investment adviser acting for its own account;

(13) A "qualified institutional buyer" as defined in Rule 144A(a)(1), other than Rule 144A(a)(1)(i)(H), adopted under the Securities Act of 1933 (17 C.F.R. 230.144A);

(14) A "major U.S. institutional investor" as defined in Rule 15a-6(b)(4)(i) adopted under the Securities Exchange Act of 1934 (17 C.F.R. 240.15a-6);

(15) Any other person, other than an individual, of institutional character with total assets in excess of $10,000,000, not organized for the specific purpose of evading this chapter; or

(16) Any other person specified by rule adopted or order issued under this chapter.

"Insurance company" means a company organized as an insurance company whose primary business is writing insurance or reinsuring risks underwritten by insurance companies and which is subject to supervision by the insurance commissioner or a similar official or agency of a state.

"Insured" means insured as to payment of all principal and all interest.

"International banking institution" means an international financial institution of which the United States is a member and whose securities are exempt from registration under the Securities Act of 1933.

"Investment adviser" means a person that, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as a part of a regular business, issues or promulgates analyses or reports concerning securities. The term includes a financial planner or other person that, as an integral component of other financially related services, provides investment advice to others for compensation as part of a business or that holds itself out as providing investment advice to others for compensation. The term shall not include:

(1) An investment adviser representative;

(2) A lawyer, accountant, engineer, or teacher whose performance of investment advice is solely incidental to the practice of the person's profession;

(3) A broker-dealer or its agents whose performance of investment advice is solely incidental to the conduct of business as a broker-dealer and that does not receive special compensation for the investment advice;

(4) A publisher of a bona fide newspaper, news magazine, or business or financial publication of general and regular circulation;

(5) A federal covered investment adviser;

(6) A bank or savings institution;

(7) Any other person that is excluded by the Investment Advisers Act of 1940 from the definition of investment adviser; or

(8) Any other person excluded by rule adopted or order issued under this chapter.

"Investment adviser representative" means an individual employed by or associated with an investment adviser or federal covered investment adviser and who makes any recommendations or otherwise gives investment advice regarding securities, manages accounts or portfolios of clients, determines which recommendation or advice regarding securities should be given, provides investment advice or holds oneself out as providing investment advice, receives compensation to solicit, offer, or negotiate for the sale of or for selling investment advice, or supervises employees who perform any of the foregoing. The term shall not include an individual who:

(1) Performs only clerical or ministerial acts;

(2) Is an agent whose performance of investment advice is solely incidental to the individual acting as an agent and who does not receive special compensation for investment advisory services;

(3) Is employed by or associated with a federal covered investment adviser, unless the individual has a "place of business" in this State as that term is defined by rule adopted under section 203A of the Investment Advisers Act of 1940 (15 U.S.C. 80b-3a) and is:

(A) An "investment adviser representative" as that term is defined by rule adopted under section 203A of the Investment Advisers Act of 1940 (15 U.S.C. 80b-3a); or

(B) Not a "supervised person" as that term is defined in section 202(a)(25) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(25)); or

(4) Is excluded by rule adopted or order issued under this chapter.

"Issuer" means a person that issues or proposes to issue a security, subject to the following:

(1) The issuer of a voting trust certificate, collateral trust certificate, certificate of deposit for a security, or share in an investment company without a board of directors or individuals performing similar functions is the person performing the acts and assuming the duties of a depositor or manager pursuant to the trust or other agreement or instrument under which the security is issued ;

(2) The issuer of an equipment trust certificate or similar security serving the same purpose is the person by which the property is or will be used or to which the property or equipment is or will be leased or conditionally sold or that is otherwise contractually responsible for assuring payment of the certificate; and

(3) The issuer of a fractional undivided interest in an oil, gas, or other mineral lease or in payments out of production under a lease, right, or royalty is the owner of an interest in the lease or in payments out of production under a lease, right, or royalty, whether whole or fractional, that creates fractional interests for the purpose of sale.

"Nonissuer transaction" or "nonissuer distribution" means a transaction or distribution not directly for the benefit of the issuer.

"Offer to purchase" includes an attempt or offer to obtain, or solicitation of an offer to sell, a security or interest in a security for value. The term shall not include a tender offer that is subject to section 14(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78n(d)).

"Person" means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.

"Place of business" of a broker-dealer, an investment adviser, or a federal covered investment adviser means:

(1) An office at which the broker-dealer, investment adviser, or federal covered investment adviser regularly provides brokerage or investment advice or solicits, meets with, or otherwise communicates with customers or clients; or

(2) Any other location that is held out to the general public as a location at which the broker-dealer, investment adviser, or federal covered investment adviser provides brokerage or investment advice or solicits, meets with, or otherwise communicates with customers or clients.

"Predecessor act" means chapter 485, Hawaii Revised Statutes.

"Price amendment" means the amendment to a registration statement filed under the Securities Act of 1933 or, if an amendment is not filed, the prospectus or prospectus supplement filed under the Securities Act of 1933 that includes a statement of the offering price, underwriting and selling discounts or commissions, amount of proceeds, conversion rates, call prices, and other matters dependent upon the offering price.

"Principal place of business" of a broker-dealer or an investment adviser means the executive office of the broker-dealer or investment adviser from which the officers, partners, or managers of the broker-dealer or investment adviser direct, control, and coordinate the activities of the broker-dealer or investment adviser.

"Record" except in the phrases "of record", "official record", and "public record", 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.

"Sale" includes every contract of sale, contract to sell, or disposition of, a security or interest in a security for value ; and "offer to sell" includes every attempt or offer to dispose of, or solicitation of an offer to purchase, a security or interest in a security for value. Both terms include:

(1) A security given or delivered with, or as a bonus on account of, a purchase of securities or any other thing constituting part of the subject of the purchase, and having been offered and sold for value;

(2) A gift of assessable stock involving an offer and sale; and

(3) A sale or offer of a warrant or right to purchase or subscribe to another security of the same or another issuer and a sale or offer of a security that gives the holder a present or future right or privilege to convert the security into another security of the same or another issuer, including an offer of the other security.

"Securities and Exchange Commission" means the United States Securities and Exchange Commission.

"Security" means a note; stock; treasury stock; security future; bond; debenture; evidence of indebtedness; certificate of interest or participation in a profit-sharing agreement; collateral trust certificate; preorganization certificate or subscription; transferable share; investment contract; variable annuity contract; voting trust certificate; certificate of deposit for a security; fractional undivided interest in oil, gas, or other mineral rights; put, call, straddle, option, or privilege on a security, certificate of deposit, or group or index of securities, including an interest therein or based on the value thereof; put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency; in general, an interest or instrument commonly known as a "security"; or a certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing. The term:

(1) Includes both a certificated and an uncertificated security;

(2) Does not include an insurance or endowment policy or annuity contract under which an insurance company promises to pay a fixed sum of money either in a lump sum or periodically for life or other specified period;

(3) Does not include an interest in a contributory or noncontributory pension or welfare plan subject to the Employee Retirement Income Security Act of 1974;

(4) Includes any contractual or quasi-contractual arrangement pursuant to which:

(A) A person furnishes value, other than services, to an offeror;

(B) A portion of that value is subjected to the risk of the offeror's enterprise;

(C) The furnishing of that value is induced by the representations of an offeror which give rise to a reasonable understanding that a valuable benefit will accrue to the offeree as a result of the operation of the enterprise; and

(D) The offeree does not receive the right to exercise practical and actual control over the management of the enterprise in a meaningful way; and

(5) Includes as an "investment contract", among other contracts, an interest in a limited partnership and a limited liability company and an investment in a viatical settlement or similar agreement.

"Self-regulatory organization" means a national securities exchange registered under the Securities Exchange Act of 1934, a national securities association of broker-dealers registered under the Securities Exchange Act of 1934, a clearing agency registered under the Securities Exchange Act of 1934, or the Municipal Securities Rulemaking Board established under the Securities Exchange Act of 1934.

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

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

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

"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. [L 2006, c 229, pt of §1; am L 2013, c 165, §1]
Haw. Rev. Stat. § 485A-607 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-607
Administrative files and opinions.
Status: in_force

(a) The commissioner shall maintain, or designate a person to maintain, a register of applications for registration of securities; registration statements; notice filings; applications for registration of broker-dealers, agents, investment advisers, and investment adviser representatives; notice filings by federal covered investment advisers that are or have been effective under this chapter or the predecessor act; notices of claims of exemption from registration or notice filing requirements contained in a record; orders issued under this chapter or the predecessor act; and interpretative opinions or no action determinations issued under this chapter.

(b) The commissioner shall make all rules, forms, interpretative opinions, and orders available to the public in accordance with chapter 92F.

(c) The commissioner shall furnish a copy of a record that is a public record or a certification that the public record does not exist to a person that so requests in accordance with chapter 92F. A copy of the record certified or a certificate by the commissioner of a record's nonexistence is prima facie evidence of a record or its nonexistence. [L 2006, c 229, pt of §1]
Haw. Rev. Stat. § 481A-2 — HI Code / Division 2 / Title 26 / Chapter 481A / Section 481A-2
Definitions.
Status: in_force

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

"Article" means a product as distinguished from its trademark, label, or distinctive dress in packaging.

"Certification mark" means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization.

"Collective mark" means a mark used by members of a cooperative, association, or other collective group or organization to identify goods or services and distinguish them from those of others, or to indicate membership in the collective group or organization.

"Mark" means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement.

"Person" means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity.

"Service mark" means a mark used by a person to identify services and to distinguish them from the services of others.

"Trademark" means a mark used by a person to identify goods and to distinguish them from the goods of others.

"Trade name" means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement used by a person to identify the person's business, vocation, or occupation and distinguish it from the business, vocation, or occupation of others. [L 1969, c 187, pt of §1; gen ch 1985]

Revision Note

Numeric designations deleted and definitions rearranged.
Haw. Rev. Stat. § 486-116 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-116
Misrepresentation of price.
Status: in_force

Whenever any commodity or service is bought or sold, or is offered, exposed, or advertised for sale or purchase, by weight, measure, or count, the price shall not be misrepresented, nor presented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser or seller. The price of consumer commodities, when offered for sale at retail, shall be clearly displayed and shall reflect the retail price at which the public may, without special credentials or other requirements, purchase the commodities. The price displayed and the price actually charged the purchaser shall be identical unless a prior agreement has been reached between the buyer and the seller or the price charged is lower than the price displayed. Whenever an advertised, posted, or labeled price per unit of measure includes a fraction of a cent, all numerals expressing the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to and of the same general design and style as the whole numeral or numerals of the price per unit as established by rule of the board.
Haw. Rev. Stat. § 481G-6 — HI Code / Division 2 / Title 26 / Chapter 481G / Section 481G-6
Exceptions.
Status: in_force

No action may be brought under section 481G-4 in connection with the termination, cancellation, or nonrenewal of a dealership if the dealership provides for the binding arbitration of disputes arising thereunder, including disputes related to the termination, cancellation, or nonrenewal of the dealership, in accordance with chapter 658A or the rules of the American Arbitration Association.
Haw. Rev. Stat. § 480-20 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-20
Duty of the attorney general; duty of county attorney, etc.
Status: in_force

(a) The attorney general shall enforce the criminal and civil provisions of this chapter. The county attorney, or prosecuting attorney of any county shall investigate and report suspected violations of this chapter to the attorney general.

(b) Whenever this chapter authorizes or requires the attorney general to commence any action or proceeding, including proceedings under section 480-18, the attorney general may require the county attorney, corporation counsel, or prosecuting attorney of any county, holding office in the circuit where the action or proceeding is to be commenced or maintained, to maintain the action or proceeding under the direction of the attorney general.

(c) The director of the office of consumer protection shall have concurrent jurisdiction with the attorney general to enforce the civil provisions of this chapter with regard to violations of section 480-2. [L 1961, c 190, §18; Supp, §205A-18; HRS §480-20; am L 1975, c 57, §2; am L 2008, c 19, §6]
Haw. Rev. Stat. § 481B-22 — HI Code / Division 2 / Title 26 / Chapter 481B / Section 481B-22
Cybersquatting and cyber piracy prohibited.
Status: in_force

(a) A person shall be liable in a civil action by the owner of any distinctive mark registered and used in Hawaii, without regard to the goods or services of the parties, if that person in bad faith: registers, traffics in, or uses a domain name that is identical or confusingly similar to that mark.

(b) Any person who in bad faith registers a domain name that consists of the name of another living person, or a name substantially and confusingly similar thereto, without that person's consent, shall be liable in a civil action by the person.

(c) A person shall be liable for using a domain name under [subsection (a)] only if that person is the domain name registrant or the registrant's authorized licensee. [L 2001, c 281, pt of §1]
Haw. Rev. Stat. § 486B-1 — HI Code / Division 2 / Title 26 / Chapter 486B / Section 486B-1
Definitions.
Status: in_force

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

"Advertising" includes the use of any banner, sign, placard, poster, streamer, card, or any publication in the media.

"Gasoline" means a volatile mixture of liquid hydrocarbons, generally containing small amounts of additives, suitable for use as a fuel in spark-ignition internal combustion engines.

"Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity.

"Petroleum product" means gasoline, diesel fuel, liquefied petroleum gas only when used as a motor fuel, kerosene, thinner, solvent, liquefied natural gas, pressure appliance fuel, white gasoline, or any motor fuel, or any oil represented as engine lubricant, engine oil, lubricating or motor oil, or any oil used to lubricate transmissions, gears, or axles.

"Sell" or any of its variants means attempt to sell, offer for sale or assist in the sale of, permit to be sold or offered for sale or delivery, offer for delivery, trade, barter, or expose for sale. [L 2006, c 78, pt of §21; am L 2008, c 19, §56]
Haw. Rev. Stat. § 482-34 — HI Code / Division 2 / Title 26 / Chapter 482 / Section 482-34
Forum for actions regarding registration; service on out of state registrants.
Status: in_force

(a) An action to require cancellation of a mark registered under this part shall be brought in circuit court. In an action for cancellation, the director shall not be made a party to the proceeding but shall be notified of the filing of the complaint by the clerk of the court in which it is filed and shall have the right to intervene in the action.

(b) In any action brought against a registrant that is a nonresident of this State, service may be effected pursuant to sections 634-35 and 634-36. [L 2001, c 15, pt of §1]
Haw. Rev. Stat. § 478-1 — HI Code / Division 2 / Title 26 / Chapter 478 / Section 478-1
Definitions.
Status: in_force

As used in this chapter and unless a different meaning appears from the context:

"Annual percentage rate" shall have the meaning given the term in the Truth in Lending Act.

"Consumer credit" means credit extended to a natural person primarily for a personal, family, or household purpose:

(1) In which the principal amount does not exceed $250,000 or in which there is an express written commitment to extend credit in a principal amount not exceeding $250,000; or

(2) Such credit is secured by real property or by personal property used or expected to be used as the borrower's principal dwelling.

"Credit" means the right to defer payment of debt or to incur debt and defer its payment.

"Credit card" means any card, plate, coupon book, or other single credit device issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services, or anything else of value, from time to time, on credit.

"Credit card agreement" means any agreement that provides primarily for the extension of credit pursuant to the cardholder's use of a credit card. Neither an agreement providing for an overdraft line of credit nor an agreement for a line of credit secured by equity in real property becomes a credit card agreement for the purposes of this chapter because a cardholder can access it through the use of a credit card.

"Finance charge" has the same meaning given such term by the Truth in Lending Act.

"Home business loan" means a credit transaction (1) in which the principal amount does not exceed $250,000 or in which there is an express written commitment to extend credit in a principal amount not exceeding $250,000; (2) which is not a consumer credit transaction; and (3) which is secured by a mortgage of the principal dwelling of any natural person who is a mortgagor named in the mortgage given as security in connection with the credit transaction.

"Real property" includes stock in a cooperative housing corporation and personal property used or intended to be used as a consumer's residence.

"Truth in Lending Act" means the federal Truth in Lending Act (15 U.S.C. 1601, et seq.), Regulation Z of the Board of Governors of the Federal Reserve System, and the Official Staff Commentary to Regulation Z prepared by the staff of the Federal Reserve Board, and amendments of the Act, Regulation Z, and such Commentary. [L 1986, c 137, pt of §1; am L 1989, c 269, §1]
Haw. Rev. Stat. § 487D-2 — HI Code / Division 2 / Title 26 / Chapter 487D / Section 487D-2
Retail merchant club cards; requirements.
Status: in_force

(a) No club card issuer shall request in a club card application, or require as a condition of obtaining a club card, that the applicant provide any personal information except name, address, and telephone number. If the club card issuer requires a unique identifier to confirm the identity of the applicant, the club card issuer may ask for the last four digits of the applicant's social security number.

(b) No club card issuer may sell or share a cardholder’s name, address, telephone number, or any personal information to any unaffiliated third party except as permitted in this subsection. A club card issuer may share cardholder information for marketing purposes if the club card issuer complies with all the following:

(1) The club card issuer charges an annual fee for the club card and requires the cardholder to renew the club card annually;

(2) The club card issuer allows only cardholders to make purchases and not members of the general public;

(3) The club card issuer provides a written statement to the cardholder upon payment of the annual fee that notifies the cardholder that:

(A) The cardholder information may be shared with other businesses for purposes of marketing information;

(B) Payment of the annual fee means the cardholder has agreed to allow the club card issuer to share cardholder information; and

(C) The cardholder may choose to opt-out from the sharing of cardholder information; and

(4) The club card issuer obtains a written confidentiality agreement from the unaffiliated third party that the shared information will not be transferred to any other entity.

(c) The restrictions of subsection (a) shall not apply when the club card application form is used for the dual purpose of club card membership and establishing privileges for check cashing, check verification, or as a credit application; provided that no club card issuer shall require as a condition of obtaining a club card that the cardholder obtain the club card as an identification card for purposes of check cashing or credit.

(d) Nothing in this section prohibits a club card issuer from including on its club card application form a credit application to a designated credit card company and transmitting the credit application to the credit card company, provided that:

(1) The credit application form is separately identified as an option on the club card application form; and

(2) The credit application clearly discloses that the cardholder is applying for credit with the designated credit card company. [L 2004, c 92, pt of §2]
Haw. Rev. Stat. § 486H-12 — HI Code / Division 2 / Title 26 / Chapter 486H / Section 486H-12
Preemption by federal law.
Status: in_force

This chapter shall not be applied in a manner that would render its application preempted by the "Petroleum Marketing Practices Act", 15 U.S.C. [section] 2801, et seq., or other applicable federal law.
Haw. Rev. Stat. § 486K-2 — HI Code / Division 2 / Title 26 / Chapter 486K / Section 486K-2
Hotelkeeper's lien on baggage, etc.
Status: in_force

§486K-2 Hotelkeeper's lien on baggage, etc., of guests; summary ejectment of delinquents. All hotelkeepers shall have a lien on all baggage and other property in the possession of the hotel belonging to guests at the hotel, for the amount of their proper charges against guests for the hire of rooms or board or other services or accommodation in the hotel, and shall have the right, without the process of law, to retain the same until the amount of indebtedness is discharged. All parties indebted for rooms or board in the hotel may be summarily ejected by the keeper thereof from the premises upon the keeper giving to the parties so indebted a written notice of the amount of indebtedness and the keeper's demand for the same, unless the parties shall have entered into an agreement with the keeper for a mode and manner of payment for room or board other than that announced by notice in the hotel, the right of summary ejectment to be without prejudice to the lien on the guest's baggage or other property.
Haw. Rev. Stat. § 485A-412 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-412
Denial, revocation, suspension, withdrawal, restriction, condition, or limitation of registration.
Status: in_force

(a) If the commissioner finds that it is in the public interest and subsection (d) authorizes the action, the commissioner, under this chapter may deny an application, or may condition or limit the registration of an applicant to be a broker-dealer, agent, investment adviser, or investment adviser representative, and, if the applicant is a broker-dealer or investment adviser, of a partner, officer, director, or person having a similar status or performing similar functions, or a person directly or indirectly in control, of the broker-dealer or investment adviser.

(b) If the commissioner finds that it is in the public interest and subsection (d) authorizes the action, the commissioner, under this chapter may revoke, suspend, condition, or limit the registration of a registrant and, if the registrant is a broker-dealer or investment adviser, of a partner, officer, director, or person having a similar status or performing similar functions, or a person directly or indirectly in control, of the broker-dealer or investment adviser; provided that the commissioner shall not:

(1) Institute a revocation or suspension proceeding under this subsection based on an order issued under a law of another state that is reported to the commissioner or a designee of the commissioner more than one year after the date of the order on which it is based; or

(2) Under subsection (d)(5)(A) or (B), issue an order on the basis of an order issued under the securities act of another state unless the other order was based on conduct for which subsection (d) would authorize the action had the conduct occurred in this State.

(c) If the commissioner finds that it is in the public interest and subsection (d)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (12), (13), (14), or (15), authorizes the action, the commissioner, under this chapter may censure, impose a bar, or impose a civil penalty in an amount not to exceed a maximum of $50,000 for each violation on a registrant, and, if the registrant is a broker-dealer or investment adviser, on a partner, officer, director, or person having a similar status or performing similar functions, or on a person directly or indirectly in control, of the broker-dealer or investment adviser.

(d) A person may be disciplined under subsections (a) to (c) if the person:

(1) Has filed an application for registration in this State under this chapter or the predecessor act within the previous ten years which as of the effective date of registration or as of any date after filing in the case of an order denying effectiveness, was incomplete in any material respect or contained a statement that, in light of the circumstances under which it was made, was false or misleading with respect to a material fact;

(2) Wilfully violated or wilfully failed to comply with this chapter or the predecessor act or a rule adopted or order issued under this chapter or the predecessor act within the previous ten years;

(3) Has been convicted of any felony, or within the previous ten years has been convicted of a misdemeanor, involving a security, a commodity future or option contract, or an aspect of a business involving securities, commodities, investments, franchises, insurance, banking, or finance;

(4) Is enjoined or restrained by a court of competent jurisdiction in an action instituted by the commissioner under this chapter or the predecessor act, a state, the Securities and Exchange Commission, or the United States from engaging in or continuing an act, practice, or course of business involving an aspect of a business involving securities, commodities, investments, franchises, insurance, banking, or finance;

(5) Is the subject of an order, issued after notice and opportunity for hearing by:

(A) The securities or other financial services regulator of a state or the Securities and Exchange Commission or other federal agency denying, revoking, barring, or suspending registration as a broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative;

(B) The securities regulator of a state or the Securities and Exchange Commission against a broker-dealer, agent, investment adviser, investment adviser representative, or federal covered investment adviser;

(C) The Securities and Exchange Commission or a self-regulatory organization suspending or expelling the registrant from membership in the self-regulatory organization;

(D) A court adjudicating a United States Postal Service fraud order;

(E) The insurance regulator of a state denying, suspending, or revoking registration as an insurance agent; or

(F) A depository institution or financial services regulator suspending or barring the person from the depository institution or other financial services business;

(6) Is the subject of an adjudication or determination, after notice and opportunity for hearing, by the Securities and Exchange Commission, the Commodity Futures Trading Commission; the Federal Trade Commission; a federal depository institution regulator, or a depository institution, insurance, or other financial services regulator of a state that the person wilfully violated the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, the Investment Company Act of 1940, or the Commodity Exchange Act, the securities or commodities law of a state, or a federal or state law under which a business involving investments, franchises, insurance, banking, or finance is regulated;

(7) Is insolvent, either because the person's liabilities exceed the person's assets or because the person cannot meet the person's obligations as they mature; provided that the commissioner may not enter an order against an applicant or registrant under this paragraph without a finding of insolvency as to the applicant or registrant;

(8) Refuses to allow or otherwise impedes the commissioner from conducting an audit or inspection under section 485A-411(d) or refuses access to a registrant's office to conduct an audit or inspection under section 485A-411(d);

(9) Has failed to reasonably supervise an agent, investment adviser representative, or other individual, if the agent, investment adviser representative, or other individual was subject to the person's supervision and committed a violation of this chapter or the predecessor act or a rule adopted or order issued under this chapter or the predecessor act within the previous ten years of the violation;

(10) Has not paid the proper filing fee within thirty days after having been notified by the commissioner of a deficiency; provided that the commissioner shall vacate an order under this paragraph when the deficiency is corrected;

(11) After notice and opportunity for a hearing, has been found within the previous ten years:

(A) By a court of competent jurisdiction to have wilfully violated the laws of a foreign jurisdiction under which the business of securities, commodities, investment, franchises, insurance, banking, or finance is regulated;

(B) To have been the subject of an order of a securities regulator of a foreign jurisdiction denying, revoking, or suspending the right to engage in the business of securities as a broker-dealer, agent, investment adviser, investment adviser representative, or other similar person; or

(C) To have been suspended or expelled from membership by or participation in a securities exchange or securities association operating under the securities laws of a foreign jurisdiction;

(12) Is the subject of a cease and desist order issued by the Securities and Exchange Commission or issued under the securities, commodities, investment, franchise, banking, finance, or insurance laws of a state;

(13) Has engaged in dishonest or unethical practices in the securities, commodities, investment, franchise, banking, finance, or insurance business within the previous ten years;

(14) Has demonstrated unworthiness to transact the business of broker-dealer, investment adviser, agent, or investment adviser representative;

(15) Has not complied with an order of child support or has failed to comply with a subpoena or warrant relating to a paternity or child support order pursuant to chapter 576D; or

(16) Is not qualified on the basis of factors such as training, experience, and knowledge of the securities business; provided that in the case of an application by an agent for a broker-dealer that is a member of a self-regulatory organization or by an individual for registration as an investment adviser representative, a denial order may not be based on this paragraph if the individual has successfully completed all examinations required by subsection (e). The commissioner may require an applicant for registration under section 485A-402 or 485A-404 who has not been registered in a state within the two years preceding the filing of an application in this State to successfully complete an examination.

(e) A rule adopted or order issued under this chapter may require that an examination, including an examination developed or approved by an organization of securities regulators, be successfully completed by a class of individuals or all individuals to be registered under this chapter. An order issued under this chapter may waive, in whole or in part, an examination as to an individual and a rule adopted under this chapter may waive, in whole or in part, an examination as to a class of individuals if the commissioner determines that the examination is not necessary or appropriate in the public interest and for the protection of investors.

(f) The commissioner may suspend or deny an application summarily; restrict, condition, limit, or suspend a registration; or censure, bar, or impose a civil penalty on a registrant before final determination of an administrative proceeding. Upon the issuance of an order, the commissioner shall promptly notify each person subject to the order that the order has been issued, the reasons for the action, and that within fifteen days after the receipt of a request in a record from the person the matter will be scheduled for a hearing. If a hearing is not requested and none is ordered by the commissioner within thirty days after the date of service of the order, the order shall become final by operation of law. If a hearing is requested or ordered, the commissioner, after notice of and opportunity for hearing to each person subject to the order, may modify or vacate the order or extend the order until a final determination is made. During the pendency of any hearing requested under this subsection, the order shall remain in effect unless vacated or modified by the commissioner; provided that any penalty shall not take effect until the final order is issued.

(g) An order issued under this section, except under subsection (f), shall include:

(1) Appropriate notice to the applicant or registrant;

(2) Opportunity for hearing; and

(3) Findings of fact and conclusions of law in accordance with chapter 91.

(h) A person that controls, directly or indirectly, a person not in compliance with this section may be disciplined by order of the commissioner under subsections (a) to (c) to the same extent as the noncomplying person, unless the controlling person did not know, and in the exercise of reasonable care could not have known, of the existence of conduct that is a ground for discipline under this section.

(i) The commissioner may not institute a proceeding under subsection 485A-412(a), 485A-412(b), or 485A-412(c) based solely on material facts actually known by the commissioner unless an investigation or the proceeding is instituted within one year after the commissioner actually acquires knowledge of the material facts. [L 2006, c 229, pt of §1]
Haw. Rev. Stat. § 489-7 — HI Code / Division 2 / Title 26 / Chapter 489 / Section 489-7
No limitation on causes of action.
Status: in_force

Nothing in this chapter shall be construed to limit any cause of action based upon any unfair discriminatory practices for which a remedy is available under state or federal law.
Haw. Rev. Stat. § 481P-3 — HI Code / Division 2 / Title 26 / Chapter 481P / Section 481P-3
Abusive telemarketing acts or practices.
Status: in_force

It is an abusive telemarketing act or practice and a violation of this chapter for any seller or telephone solicitor to engage in the following conduct:

(1) Threaten, intimidate, or use profane or obscene language;

(2) Request a fee to remove derogatory information from or to improve a consumer's credit history or credit record until:

(A) The time frame in which the seller or telephone solicitor has represented that all of the goods or services will be provided to that consumer has expired; and

(B) The seller or telephone solicitor has provided the consumer with documentation in the form of a credit report from a credit reporting agency demonstrating that the promised results have been achieved, the report having been issued more than six months after the results were achieved. Nothing in this chapter shall be construed to affect the requirement of section 604 of the Fair Credit Reporting Act, 15 U.S.C. section 1681b, that a consumer report may only be obtained for a specified permissible purpose;

(3) Request or receive payment from a consumer to recover or otherwise aid in the return of money or any other item lost by the consumer in a telemarketing transaction, until seven business days after the money or other item is delivered to the consumer;

(4) Request or actually receive payment of any fee in advance of obtaining a loan or other extension of credit when a high likelihood of success has been represented to the consumer by the seller or telephone solicitor;

(5) Cause the telephone to ring more than ten times in an outbound telephone call;

(6) Engage any consumer repeatedly or continuously with behavior a reasonable person would deem to be annoying, abusive, or harassing;

(7) Initiate an outbound telephone call to a consumer, when the person has stated previously that the consumer does not wish to receive telephone calls from that seller or telephone solicitor; provided that the seller or telephone solicitor will not be liable for violating this paragraph if:

(A) It has established and implemented written procedures to comply with this paragraph, which procedures shall meet the minimum standards set forth in 47 C.F.R. section 64.1200(e)(2);

(B) It has trained its personnel in the procedures established pursuant to subparagraph (A);

(C) The seller, or telephone solicitor acting on behalf of the seller, has maintained and recorded lists of persons who may not be contacted in compliance with this paragraph; and

(D) The call is the result of error; or

(8) Initiate an outbound telephone call to a consumer's residence at any time other than between 8:00 a.m. and 9:00 p.m. local time at the location of the consumer called. [L 1999, c 170, pt of §1; am L 2008, c 19, §38]
Haw. Rev. Stat. § 481X-7 — HI Code / Division 2 / Title 26 / Chapter 481X / Section 481X-7
Service contract returns and refunds.
Status: in_force

(a) Service contracts shall state that the contract holder may return the contract within:

(1) Thirty days of the date that the contract was mailed to the contract holder;

(2) Twenty days of the date the contract was delivered to the contract holder, if the contract was delivered at the time of sale; or

(3) A longer time period as specified in the service contract.

(b) Upon return of the service contract to the provider within the applicable time period, and if no claim has been made under the service contract prior to its return to the provider, the service contract shall be void and the provider shall refund to, or credit the account of, the contract holder with the full purchase price of the service contract. A ten per cent penalty per month shall be added to a refund that is not paid or credited within forty-five days after the return of the service contract to the provider.

(c) The right to void a service contract under subsection (b) shall not be transferred and shall apply only to the original service contract purchaser upon the terms and conditions provided in the contract and consistent with this chapter.

(d) Upon cancellation of a service contract by the provider, the provider, at least five days prior to cancellation, shall mail to the contract holder at the contract holder's last known address, a written prior notice of cancellation that states the effective date of the cancellation; provided that prior notice under this subsection shall not be required if cancellation is for:

(1) Nonpayment of the provider's fee for the service provided under the service contract;

(2) A material misrepresentation by the contract holder to the provider; or

(3) A substantial breach of duties of the contract holder under the service contract, relating to a covered product or its use. [L 2000, c 221, pt of §2]
Haw. Rev. Stat. § 485A-304 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-304
Securities registration filings.
Status: in_force

(a) A registration statement may be filed by the issuer, a person on whose behalf the offering is to be made, or a broker-dealer registered under this chapter.

(b) A person filing a registration statement shall pay a filing fee of one-tenth of one per cent of the aggregate offering price of the securities to be offered in the State with a minimum fee of $250 and a maximum fee of $2,500.

(c) A registration statement filed under section 485A-303 shall specify:

(1) The amount of securities to be offered in this State;

(2) The states in which a registration statement or similar record in connection with the offering has been or is to be filed; and

(3) Any adverse order, judgment, or decree issued in connection with the offering by a state securities regulator, the Securities and Exchange Commission, or any court.

(d) A record filed under this chapter or the predecessor act within five years preceding the filing of a registration statement may be incorporated by reference in the registration statement to the extent that the record is currently accurate.

(e) In the case of a nonissuer distribution, information or a record may not be required under subsection (i) or section 485A-303, unless it is known to the person filing the registration statement or to the person on whose behalf the distribution is to be made or unless it can be furnished by those persons without unreasonable effort or expense.

(f) A rule adopted or order issued under this chapter may require as a condition of registration that a security issued within the previous five years or to be issued to a promoter for a consideration substantially less than the public offering price or to a person for a consideration other than cash be deposited in escrow; and that the proceeds from the sale of the registered security in this State be impounded until the issuer receives a specified amount from the sale of the security either in this State or elsewhere. The conditions of any escrow or impoundment required under this subsection may be established by rule adopted or order issued under this chapter, but the commissioner may not reject a depository institution solely because of its location in another state.

(g) A rule adopted or order issued under this chapter may require as a condition of registration that a security registered under this chapter be sold only on a specified form of subscription or sale contract and that a signed or conformed copy of each contract be filed under this chapter or preserved for a period specified by the rule or order, which may not be longer than five years.

(h) Except while a stop order is in effect under section 485A-305, a registration statement is effective for one year after its effective date, or for any longer period designated in an order under this chapter during which the security is being offered or distributed in a nonexempted transaction by or for the account of the issuer or other person on whose behalf the offering is being made or by an underwriter or broker-dealer that is still offering part of an unsold allotment or subscription taken as a participant in the distribution. For the purposes of a nonissuer transaction, all outstanding securities of the same class identified in the registration statement as a security registered under this chapter are considered to be registered while the registration statement is effective. If any securities of the same class are outstanding, a registration statement may not be withdrawn until one year after its effective date. A registration statement may be withdrawn only with the approval of the commissioner.

(i) While a registration statement is effective, a rule adopted or order issued under this chapter may require the person that filed the registration statement to file reports, not more often than quarterly, to keep the information or other record in the registration statement reasonably current and to disclose the progress of the offering.

(j) A registration statement shall be amended after its effective date if there are material changes in information or documents in the registration statement, or if there is an increase in the aggregate amount of securities offered or sold in this State. The posteffective amendment becomes effective when the commissioner provides written notice that the amendment has been accepted. If a posteffective amendment is made to increase the number of securities specified to be offered or sold, the person filing the amendment shall pay a registration fee based upon the increase in such price calculated in accordance with the rate and fee specified in subsection (b). If a posteffective amendment for registration of additional securities and payment of additional fees is not filed in a timely manner, there shall be no penalty assessed if the amendment is filed and the additional registration fee is paid within one year after the date the additional securities are sold in this State. [L 2006, c 229, pt of §1]
Haw. Rev. Stat. § 480E-2.5 — HI Code / Division 2 / Title 26 / Chapter 480E / Section 480E-2.5
Mortgage rescue fraud; consumer education.
Status: in_force

The office of consumer protection shall educate consumers about abusive practices that may be committed against consumers who may be offered mortgage assistance relief services or who face property foreclosures, liens, or encumbrances, as appropriate.
Haw. Rev. Stat. § 486-54 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-54
Investigations.
Status: in_force

The administrator may, upon the administrator's initiative, investigate suspected violations of this part and shall investigate each complaint registered under this part. The administrator may resort to suitable warnings rather than prosecution for minor offenses or those offenses which have been discontinued should the administrator so elect.
Haw. Rev. Stat. § 476-29 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-29
Advertising in connection with credit sales.
Status: in_force

(a) Any person who advertises by television, radio, telephone, newspaper, magazine, other printed material, or in any other way, for the credit sale of goods or services primarily for person, family, or household purposes under an open-end credit plan and who in such advertising recites any of the terms required by section 476-4(a) to be disclosed in the same advertisement shall recite:

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

(2) The annual percentage rate, and if the plan provides for a variable periodic rate, that fact; and

(3) Any membership or participation fee that will be imposed.

(b) Any person who advertises by television, radio, telephone, newspaper, magazine, other printed material, or in any other way, for the credit sale of goods or services primarily for personal, family, or household purposes, under a contract providing for the extension of closed-end credit, and who in that advertising recites the amount or percentage of any down payment, the number of payments, the period of payment, the amount of any payment, or the amount of any finance charge, shall in the same advertisement recite:

(1) The amount or percentage of the down payment;

(2) The terms of repayment; and

(3) The annual percentage rate and, if the rate may be increased after the buyer becomes contractually obligated on the contract, that fact.

(c) Every advertisement which complies with the requirement of the federal Truth in Lending Act as of the date upon which the advertisement is published shall be deemed to comply with the disclosure provisions of this section.

(d) This section shall not apply to catalog offers to sell which conform to the requirements of section 476-11. [L 1967, c 43, §2; HRS §476-35; am and ren L 1984, c 86, pt of §1; am L 1987, c 61, §1]
Haw. Rev. Stat. § 480-13.5 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-13.5
Additional civil penalties for consumer frauds committed against elders.
Status: in_force

(a) If a person commits a violation under section 480-2 which is directed toward, targets, or injures an elder, a court, in addition to any other civil penalty, may impose a civil penalty not to exceed $10,000 for each violation.

(b) In determining the amount, if any, of civil penalty under subsection (a), the court shall consider the following:

(1) Whether the person's conduct was in wilful disregard of the rights of the elder;

(2) Whether the person knew or should have known that the person's conduct was directed toward or targeted an elder;

(3) Whether the elder was more vulnerable to the person's conduct than other consumers because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability;

(4) The extent of injury, loss, or damages suffered by the elder; and

(5) Any other factors the court deems appropriate.

(c) As used in this chapter, "elder" means a consumer who is sixty-two years of age or older. [L 1998, c 179, §1]
Haw. Rev. Stat. § 484-5 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-5
Application for registration.
Status: in_force

(a) The application for registration of subdivided lands shall be filed in accordance with this chapter and rules adopted by the director pursuant to chapter 91, and shall contain the following documents and information:

(1) An irrevocable appointment of the director to receive service of any lawful process in any noncriminal proceeding arising under this chapter against the applicant or the applicant's personal representative;

(2) A map or maps of the subdivided lands offered for registration showing the name and location of the subdivided lands, the division proposed or made, the topographic features of the lands, and the land area of the lots, parcels, units, or interests and the relation of the subdivided lands to existing and proposed streets, roads, easements, and other off-site improvements;

(3) The states or jurisdictions in which an application for registration or similar document has been filed, and any adverse order, judgment, or decree entered in connection with the subdivided lands by the regulatory authorities in each jurisdiction or by any court;

(4) The applicant's name, address, and the form, date, jurisdiction of organization, current evidence of being admitted to conduct business in this State, and the address of each of the applicant's offices in this State;

(5) The name, address, and principal occupation for the past five years of every director and officer of the applicant or person occupying a similar status or performing similar functions, including, but not limited to, every director and officer of the managing general partner of a partnership; and the extent and nature of the director's and officer's or person's interest in the applicant or the subdivided lands as of a specified date within thirty days of the filing of the application;

(6) A statement, in a form acceptable to the director, of the condition of the title to the subdivided lands containing a legal description of the subdivided lands offered for registration, including all encumbrances thereon, as of a specified date within thirty days of the date of application by a title report prepared by a title company authorized to do business in the State of Hawaii, or by a title opinion of a licensed attorney, not a salaried employee, officer, or director of the applicant or owner, or by other evidence of title acceptable to the director;

(7) Copies of the instruments which will be delivered to a purchaser to evidence the purchaser's interest in the subdivided lands and copies of the contracts and other agreements which a purchaser will be required to agree to or sign;

(8) Copies of the instruments by which the interest in the subdivided lands was acquired by the subdivider and a statement of all liens or encumbrances upon the subdivider's title to the subdivided lands, and copies of the instruments creating the liens or encumbrances, if any, with data as to recording;

(9) If there is a monetary lien or encumbrance affecting more than one lot, parcel, unit, or interest, a statement of the consequences to a purchaser in the event of a failure to discharge the lien or encumbrance and the steps, if any, taken to protect the purchaser in case of this eventuality;

(10) Copies of instruments creating easements, restrictions, or other encumbrances, and a statement describing all proposed easements, restrictions, or other encumbrances, affecting the subdivided lands;

(11) A statement of any existing tax and existing or proposed special taxes or assessments which affect the subdivided lands and evidence that all current taxes and assessments have been paid;

(12) A statement of the existing provisions for access, sewage disposal, water, and other public utilities in the subdivision; a statement of the improvements to be installed, the completion schedule, and a statement as to the provisions for improvement maintenance;

(13) A narrative description of the promotional plan for the disposition of the subdivided lands together with copies of all advertising material which have been prepared for public distribution by any means of communication, or a statement that no such advertising materials have been produced as of the date of application;

(14) The proposed public offering statement and a copy of the receipt for the public offering statement;

(15) An executed copy of the escrow agreement between the subdivider and a bank, savings and loan association, trust company authorized to do business in the State under an escrow arrangement, or a corporation licensed as an escrow depository under chapter 449; which agreement:

(A) Provides that all funds and instruments received from purchasers or prospective purchasers shall be held by the escrow agent in accordance with this chapter and any rules adopted by the director pursuant to chapter 91;

(B) Complies with the requirements of this chapter and any rules adopted by the director pursuant to chapter 91; and

(C) Contains a statement that no disbursement shall be made from the escrow account to or on behalf of the subdivider until the director enters a final order registering the subdivided land and until the requirements of sections 484-8.6(b) and (c) and 484-8.7 are met;

(16) Any other documents or information, including any current financial statement, which the director by the director's rules requires:

(A) For the protection of purchasers; or

(B) To obtain, or as a result of having obtained, certification of Hawaii law by the Secretary of the Department of Housing and Urban Development pursuant to 15 United States Code section 1708;

(17) A statement which indicates the existing zoning and the land use designation of each lot and the proposed use of each lot in the subdivision, including, without limitation, such uses as roadway lots, residential dwellings, churches, agriculture, hospitals, schools, low density apartments, high density apartments and hotels, and a subdivision map which shows such information;

(18) If federal registration is required, the date of registration (date of filing if pending registration) and a copy of the "Statement of Record";

(19) A letter of preliminary or final subdivision approval, or both, from the county or other appropriate jurisdiction;

(20) A description of a road maintenance fund or any other maintenance fund that may have been established by the developer;

(21) A specimen of a receipt for the written notice advising of the purchaser's right to rescind a contract within seven days after signing the contract, without penalty to the purchaser;

(22) An executed copy of a listing agreement between the subdivider and a real estate broker duly licensed and in good standing under the laws of this State;

(23) The name, address, and telephone number of the subdivider's representative or real estate broker in this State; and

(24) A statement that the subdivider has not, or if a corporation, the officers, directors, and principals, or if a partnership, general partners, have not been convicted of a crime involving land dispositions or any aspect of land sales business in the United States or any foreign country within the past ten years, and have not been subject to any injunction or administrative order within the past ten years restraining a false or misleading promotional plan involving land dispositions.

(b) If the subdivider registers additional subdivided lands to be offered for disposition, the subdivider may consolidate or incorporate by reference the subsequent registration with any earlier registration offering subdivided lands for disposition under the same common promotional plan if the subdivider files an application for the subsequent registration within two years after a final order of registration has been issued in connection with the earlier registration.

(c) The application shall be submitted with payment of the appropriate registration and consultant fees and inspection expenses.

(d) The subdivider shall immediately report any material changes in the information contained in any application for registration. [L 1967, c 223, §5; HRS §484-5; am L 1970, c 47, §1; am L 1983, c 175, §4; gen ch 1985; am L 1992, c 132, §4; am L 2008, c 19, §52]
Haw. Rev. Stat. § 489D-9.5 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-9.5
Limited exemption for financial institutions; financial institutions as authorized delegates.
Status: in_force

(a) Banks, bank holding companies, credit unions, savings banks, financial services loan companies, and mutual banks organized under the laws of the United States or any state shall be exempt from the licensing and examination provisions of this chapter.

(b) An applicant or licensee may appoint an entity described in subsection (a) as an authorized delegate.

(c) When submitting an application for a license pursuant to section 489D-9, or when submitting an annual report pursuant to section 489D-12, an applicant or licensee that appoints an entity described in subsection (a) as an authorized delegate shall include that entity's name and the locations in this State where that entity will conduct its authorized delegate activities. [L 2008, c 195, pt of §1; am L 2013, c 167, §5]
Haw. Rev. Stat. § 489E-19 — HI Code / Division 2 / Title 26 / Chapter 489E / Section 489E-19
Interoperability.
Status: in_force

An agency of this State which adopts standards pursuant to section 489E-18 may encourage and promote consistency and interoperability with similar requirements adopted by other agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this State. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this State may choose in implementing the most appropriate standard for a particular application.
Haw. Rev. Stat. § 480B-3 — HI Code / Division 2 / Title 26 / Chapter 480B / Section 480B-3
Annual report.
Status: in_force

The attorney general shall submit an annual report to the United States Department of Justice with regard to the information provided in section 480B-2.
Haw. Rev. Stat. § 481-8 — HI Code / Division 2 / Title 26 / Chapter 481 / Section 481-8
Duty of attorney general to prosecute.
Status: in_force

Upon the third violation of any of the provisions of sections 481-1 to 481-7 by any corporation, each of such violations having been proved in a separate court action, the attorney general shall institute proper action in a court of competent jurisdiction to forfeit the charter, rights, franchises, or privileges and powers exercised by the corporation, and to permanently enjoin it from transacting business in the State. If in such action the court finds that the corporation is violating or has violated any of the provisions of sections 481-1 to 481-7, it shall enjoin the corporation from doing business in the State permanently or for such time as the court shall order, or annul the charter, or revoke the franchise of the corporation.
Haw. Rev. Stat. § 489E-14 — HI Code / Division 2 / Title 26 / Chapter 489E / Section 489E-14
Automated transaction.
Status: in_force

In an automated transaction, the following rules shall apply:

(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements;

(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance; and

(3) The terms of the contract are determined by the substantive law applicable to it. [L 2000, c 282, pt of §1]
Haw. Rev. Stat. § 481K-3 — HI Code / Division 2 / Title 26 / Chapter 481K / Section 481K-3
Assistive device replacement or refund.
Status: in_force

(a) If the manufacturer or its agents fail to correct a nonconformity as required by a warranty after a reasonable opportunity to repair, the manufacturer shall accept return of the assistive device from the consumer and refund the full purchase price or replace the assistive device, as follows:

(1) If the consumer requests a refund, the manufacturer shall accept return of the assistive device from the consumer and, as the case may be, either:

(A) Refund to the consumer and to a holder of a perfected security interest in the consumer's assistive device, as their interests may appear on the records kept by the bureau of conveyances, the full purchase price plus all collateral charges and incidental charges, with adjustments for any modifications that either increase or decrease the market value of the assistive device, less a reasonable allowance for use; or

(B) Refund to the assistive device lessor and to a holder of a perfected security interest in the assistive device, as their interests may appear on the records kept by the bureau of conveyances, the current value of the written lease, and refund to the consumer the amount that the consumer paid under the written lease plus all collateral charges and incidental charges, with adjustment for any modifications that either increase or decrease the market value of the assistive device, less a reasonable allowance for use;

(2) If the consumer requests an assistive device replacement, the manufacturer, within thirty days of the request, shall provide the consumer with a comparable new assistive device. Within ten days after receipt of the assistive device replacement, the consumer shall return the assistive device having the nonconformity to the manufacturer, along with any endorsements necessary to transfer legal title thereto.

(b) For purposes of subsection (a):

(1) The "current value of the written lease" equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the assistive device lessor's early termination costs and the value of the assistive device at the lease expiration date if the lease sets forth that value, less the assistive device lessor's early termination savings;

(2) A "reasonable allowance for use" shall not exceed the amount obtained by multiplying the total amount the consumer paid or for which the written lease obligates the consumer to pay by a fraction, the denominator of which is one thousand eight hundred twenty-five and the numerator of which is the number of days that the consumer used the assistive device before first reporting the nonconformity to the manufacturer, its agent, assistive device lessor, or assistive device dealer; and

(3) It shall be presumed that a manufacturer has had a "reasonable opportunity to repair" if the manufacturer or its agents fails to repair the same nonconformity within two attempts, or the assistive device is out of service, including by reason of attempts to repair one or more nonconformities, for a cumulative total of more than thirty business days after the consumer has returned it for repair.

(c) No person shall enforce the lease against the consumer after the consumer receives a refund. [L 1997, c 282, pt of §1; am L 2008, c 19, §27]
Haw. Rev. Stat. § 481C-5 — HI Code / Division 2 / Title 26 / Chapter 481C / Section 481C-5
Inconsistencies with federal laws.
Status: in_force

No contract shall be required by this chapter to contain provisions which are directly inconsistent with the federal laws relating to door-to-door sales. A provision under this chapter is not directly inconsistent with the federal laws relating to door-to-door sales, if it provides greater protection to the consumer.
Haw. Rev. Stat. § 482B-2 — HI Code / Division 2 / Title 26 / Chapter 482B / Section 482B-2
Definitions.
Status: in_force

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

"Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.

"Misappropriation" means:

(1) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

(2) Disclosure or use of a trade secret of another without express or implied consent by a person who:

(A) Used improper means to acquire knowledge of the trade secret; or

(B) At the time of disclosure or use, knew or had reason to know that the person's knowledge of the trade secret was:

(i) Derived from or through a person who had utilized improper means to acquire it;

(ii) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

(iii) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

(C) Before a material change of the person's position, knew or has reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.

"Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

"Trade secret" means information, including a formula, pattern, compilation, program device, method, technique, or process that:

(1) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

(2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. [L 1989, c 221, pt of §1]
Haw. Rev. Stat. § 478-11 — HI Code / Division 2 / Title 26 / Chapter 478 / Section 478-11
REPEALED.
Status: in_force

L 1986, c 137, pt of §1.
Haw. Rev. Stat. § 487J-2 — HI Code / Division 2 / Title 26 / Chapter 487J / Section 487J-2
Social security number protection.
Status: in_force

(a) Except as otherwise provided in subsection (b), a business or government agency may not do any of the following:

(1) Intentionally communicate or otherwise make available to the general public an individual's entire social security number;

(2) Intentionally print or imbed an individual's entire social security number on any card required for the individual to access products or services provided by the business or government agency;

(3) Require an individual to transmit the individual's entire social security number over the Internet, unless the connection is secure or the social security number is encrypted. For purposes of this paragraph, "encrypted" means that an algorithmic process has been used to transform data into a form in which the data is rendered unreadable or unusable without the use of a confidential process or key;

(4) Require an individual to use the individual's entire social security number to access an internet website, unless a password or unique personal identification number or other authentication device is also required to access the internet website; or

(5) Print an individual's entire social security number on any materials that are mailed to the individual, unless the materials are employer-to-employee communications, or where specifically requested by the individual.

(b) Subsection (a) shall not apply to:

(1) The inclusion of a social security number in documents that are mailed and:

(A) Are specifically requested by the individual identified by the social security number;

(B) Required by state or federal law to be on the document to be mailed;

(C) Required as part of an application or enrollment process;

(D) Used to establish, amend, or terminate an account, contract, or policy; or

(E) Used to confirm the accuracy of the social security number for the purpose of obtaining a credit report pursuant to 15 U.S.C. section 1681(b).

A social security number that is permitted to be mailed under this paragraph may not be printed, in whole or in part, on a postcard or other mailer not requiring an envelope, or visible on the envelope or without the envelope having been opened;

(2) The opening of an account or the provision of or payment for a product or service authorized by an individual;

(3) The collection, use, or release of a social security number to investigate or prevent fraud; conduct background checks; conduct social or scientific research; collect a debt; obtain a credit report from or furnish data to a consumer reporting agency pursuant to the Fair Credit Reporting Act, 15 U.S.C. sections 1681 to 1681x, as amended; undertake a permissible purpose enumerated under the federal Gramm Leach Bliley Act, 15 U.S.C. sections 6801 to 6809, as amended; locate an individual who is missing or due a benefit, such as a pension, insurance, or unclaimed property benefit; or locate a lost relative;

(4) A business or government agency acting pursuant to a court order, warrant, subpoena, or when otherwise required by law;

(5) A business or government agency providing the social security number to a federal, state, or local government entity including a law enforcement agency or court, or their agents or assigns;

(6) The collection, use, or release of a social security number in the course of administering a claim, benefit, or procedure relating to an individual's employment, including an individual's termination from employment, retirement from employment, injuries suffered during the course of employment, and other related claims, benefits, or procedures;

(7) The collection, use, or release of a social security number as required by state or federal law;

(8) The sharing of the social security number by business affiliates;

(9) The use of a social security number for internal verification or administrative purposes;

(10) A social security number that has been redacted; and

(11) Documents or records that are recorded or required to be open to the public pursuant to the constitution or laws of the State or court rule or order.

(c) A business or government agency covered by this section shall make reasonable efforts to cooperate, through systems testing and other means, to ensure that the requirements of this chapter are complied with. [L 2006, c 137, pt of §2; am L 2008, c 19, §68]
Haw. Rev. Stat. § 478-2 — HI Code / Division 2 / Title 26 / Chapter 478 / Section 478-2
Legal rate; computation.
Status: in_force

When there is no express written contract fixing a different rate of interest, interest shall be allowed at the rate of ten per cent a year, except that, with respect to obligations of the State, interest shall be allowed at the prime rate for each calendar quarter but in no event shall exceed ten per cent a year, as follows:

(1) For money due on any bond, bill, promissory note, or other instrument of writing, or for money lent, after it becomes due;

(2) For money due on the settlement of accounts, from the day on which the balance is ascertained;

(3) For money received to the use of another, from the date of a demand made; and

(4) For money upon an open account, after sixty days from the date of the last item or transaction.

As used in this section, "prime rate" means the prime rate as posted in the Wall Street Journal on the first business day of the month preceding the calendar quarter. [CC 1859, §1480; am L 1868, p 9; am L 1898, c 4, §1; am L 1905, c 51, §1; RL 1925, §3585; RL 1935, §7050; am L 1935, c 19, §1; RL 1945, §8731; am L 1955, c 245, §1; RL 1955, §191-1; HRS §478-1; am L 1982, c 288, §1; ren L 1986, c 137, pt of §1; am L 1993, c 179, §1]
Haw. Rev. Stat. § 489J-1 — HI Code / Division 2 / Title 26 / Chapter 489J / Section 489J-1
[ §489J-1 Automated teller machine fees.
Status: in_force

[ §489J-1 Automated teller machine fees.] An owner or operator of an automated teller machine may assess a transaction fee on any person for use of that machine who uses a card or other access device for an account that is located within or without the United States.

Agreements to operate or share an automated teller machine may not prohibit, limit, or restrict the right of the owner or operator of the automated teller machine to charge a person a transaction fee. [L 2008, c 4, §3]
Haw. Rev. Stat. § 481H-7 — HI Code / Division 2 / Title 26 / Chapter 481H / Section 481H-7
Exchanges.
Status: in_force

Any person in the business of offering water treatment units for sale at retail who accepts the return of goods for exchange only, shall post conspicuous signs in the person's place of business bearing the words "Exchanges only", or words or phrases of similar import, to inform customers that only exchanges will be given.
Haw. Rev. Stat. § 476-25 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-25
Prohibition of removal or sale without notice.
Status: in_force

Unless the contract otherwise provides, the buyer may, without the consent of the seller, remove the goods from the island in which the goods are first kept for use by the buyer after the sale and sell, mortgage, or otherwise dispose of the buyer's interest in the goods; but prior to full compliance by the buyer with the terms of the contract, the buyer shall not remove the goods from the island except for temporary use for a period of not more than thirty days unless the buyer not less than ten days before the removal gives the seller written notice, either personally or by registered or certified mail, of the place to which the goods are to be removed and the approximate time of the intended removal; and prior to full compliance by the buyer with the terms of the contract the buyer shall not sell, mortgage, or otherwise dispose of the buyer's interest in the goods, unless the person to whom the buyer is about to sell, mortgage, or otherwise transfer the goods notifies the seller in writing, either personally or by registered or certified mail, of the name and address of the person to whom the buyer's interest in the goods is about to be sold, mortgaged, or otherwise transferred.
Haw. Rev. Stat. § 486-7 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-7
Specific powers and duties of the board; rules.
Status: in_force

(a) The board shall adopt reasonable rules pursuant to chapter 91 for the enforcement of this chapter. These rules shall have the force and effect of law and shall govern the use or application of measurement standards, measures, and measuring transactions in the State.

(b) These rules may include:

(1) Standards of net measure, and reasonable standards of fill for any package;

(2) The technical and reporting procedures to be followed, the report and record forms to be used by persons subject to the provisions of this chapter, and the marks of approval and rejection to be used by the administrator, inspectors, and measurement standards personnel in the discharge of their official duties;

(3) Exemptions from the sealing, labeling, marking, or other requirements of the respective parts of this chapter;

(4) The voluntary registration of service persons and service agencies for commercial weighing and measuring devices. These rules may include, but are not limited to, provisions for registration fees, period of registration, requirements for test equipment, privileges and responsibilities of a voluntary registrant, reports required, qualification requirements, examinations to be administered, certificates of registration, and means for revocation of registration;

(5) Schedules and fees for licensing measuring devices;

(6) Schedules and fees for calibrating or testing measurement standards, and registration of the products covered by such measurement standards;

(7) Specifications, tolerances, and other technical requirements with respect to the packaging, registering, handling, storing, advertising, labeling, dispensing, and selling of petroleum products;

(8) Specifications, tolerances, and other technical requirements for weighing and measuring devices;

(9) Practices to assure that amounts of commodities or services sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all parties at interest;

(10) Requirements for type evaluation;

(11) Definitions, applicability, use, units, standards, and tolerances relating to the International System of Units; and

(12) Such other rules as the board deems necessary for the enforcement of this chapter.

(c) These rules shall include specifications, tolerances, and other technical requirements designed to eliminate from use those measures and measurement standards:

(1) That are not accurate;

(2) That are of such construction that they are faulty, that is, that are not reasonably permanent in their adjustment or will not repeat their indications correctly; or

(3) That facilitate the perpetration of fraud.

(d) The specifications, tolerances, and other technical requirements for measuring devices and the uniform laws and regulations as adopted by the National Conference on Weights and Measures, recommended and published by the National Institute of Standards and Technology and adopted or amended and adopted by the board pursuant to chapter 91, shall be the basis for measurement standards in the State. In addition, the board, pursuant to chapter 91, may adopt or amend and adopt any other measurement standard established by the National Institute of Standards and Technology, ASTM International, the American National Standards Institute, the International Organization of Legal Metrology, the International Bureau of Weights and Measures, and SAE International, among others. [L 1988, c 156, pt of §3; am L 1991, c 153, §12; am L 1993, c 54, §2; am L 2022, c 109, §11]
Haw. Rev. Stat. § 486H-11 — HI Code / Division 2 / Title 26 / Chapter 486H / Section 486H-11
Enforcement of prohibition.
Status: in_force

(a) The attorney general shall commence a civil action to enforce section 486H-10.4 by seeking injunctive or any other appropriate relief. The civil action shall be brought in the circuit court of the circuit where the alleged violation occurred, or where the defendant resides or is doing business.

(b) Any person who is injured in that person's business or property by the violation of section 486H-10.4 may bring a civil action for damages or injunctive relief, or both, against the person violating section 486H-10.4. If the plaintiff prevails, the plaintiff shall be awarded reasonable attorneys' and expert witness fees; provided that if a court awards only nominal damages to the plaintiff, those fees, in the court's discretion, need not be awarded to the plaintiff. Any action brought under this subsection shall be brought in the circuit court of the circuit where the alleged violation occurred, or where the defendant resides or is doing business. [L 1993, c 329, pt of §1; am L 2008, c 19, §61]
Haw. Rev. Stat. § 486N-4 — HI Code / Division 2 / Title 26 / Chapter 486N / Section 486N-4
Copy of contract to buyer.
Status: in_force

A copy of the health club contract shall be issued to the buyer at the time the buyer signs the contract.
Haw. Rev. Stat. § 481G-8 — HI Code / Division 2 / Title 26 / Chapter 481G / Section 481G-8
Antitrust laws.
Status: in_force

No provision of this chapter shall repeal, modify, or supersede, directly or indirectly, any provision of chapter 480.
Haw. Rev. Stat. § 485A-503 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-503
Evidentiary burden.
Status: in_force

(a) In a civil action or administrative proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion shall have the burden to prove the applicability of the claim.

(b) In a criminal proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion shall have the burden of going forward with evidence of the claim. [L 2006, c 229, pt of §1]
Haw. Rev. Stat. § 486-77 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-77
Odometers; prohibitions; exemptions.
Status: in_force

(a) It shall be unlawful to:

(1) Tamper with an odometer, installed in a passenger car, for any purpose. This paragraph shall not be construed to preclude legitimate repair, replacement, or adjustment of an odometer, provided that the administrator may require documentation of such repair, replacement, or adjustment;

(2) Advertise for sale, or sell, rent, lease, or export any passenger car, the odometer of which has been tampered with in such a fashion or manner as to mislead the prospective buyer to believe that the passenger car traveled a lesser distance than it actually has traveled;

(3) Operate a passenger car on any street or highway, knowing that the odometer of the passenger car is disconnected or nonfunctional;

(4) Disconnect, turn back, advance, or reset the odometer of any passenger car with intent to alter the distance indicated on the odometer; or

(5) Misrepresent the true distance traveled by any passenger car subject to this part, so as to mislead a prospective buyer.

(b) This section shall not preclude the installation, maintenance, repair, or replacement of odometers when such action is necessary to cause compliance with this part. Any such action, however, shall expressly be noted on the certificate of ownership and called to the attention of a prospective buyer, in writing. [L 1988, c 156, pt of §3; am L 2008, c 19, §53]
Haw. Rev. Stat. § 486-120.5 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-120.5
Macadamia nuts; labeling requirements.
Status: in_force

(a) If a label on a consumer package contains language that all of the raw or processed macadamia nuts contained in the package were grown in the State, the label shall be worded, "100% Hawaii-Grown Macadamia Nuts", "Hawaii-Grown Macadamia Nuts", "100% Hawaiian Macadamia Nuts", or "Hawaiian Macadamia Nuts", and shall appear on the principal display panel of the package.

(b) If a product contains raw or processed macadamia nuts grown outside the State, the product shall have a label that includes the following statement: "This product contains macadamia nuts grown outside Hawai`i.".

(c) All nonconsumer packages containing macadamia nuts grown in the State and introduced into intrastate or interstate commerce shall bear on the package a label containing language that the package contains Hawaii-grown macadamia nuts. This label shall be in addition to all other labeling requirements specified in this chapter.

(d) Any person keeping, offering, displaying, exposing for sale, or soliciting for sale, any raw or processed macadamia nut product that represents or is branded or labeled that all or portion of the macadamia nuts were grown in the State, shall make available to the administrator, upon demand, documented proof that the amount of macadamia nuts represented to be grown in the State, was grown in the State.

(e) It shall be a violation of this part to use a label:

(1) Containing the words, "100% Hawaii-Grown Macadamia Nuts", "Hawaii-Grown Macadamia Nuts", "100% Hawaiian Macadamia Nuts", or "Hawaiian Macadamia Nuts", or similar wording, or to otherwise represent that all of the macadamia nuts in the package were grown in the State, if any portion of the macadamia nuts contained in the package was not grown in the State;

(2) As provided for under subsection (b), without the words "This product contains macadamia nuts grown outside Hawai`i."; or

(3) Representing that any of the macadamia nuts contained in the package was grown in the State, if none of the macadamia nuts contained in the package was grown in the State.

(f) Any person who violates this section shall be subject to penalties under section 486-32.

(g) This section shall not apply to products that contain any other ingredient, except seasonings and flavorings, in addition to macadamia nuts.

(h) If this section or any provision of this section conflicts at any time with federal law, then the federal law shall prevail and this section or the relevant provisions of this section shall become ineffective and invalid. The ineffectiveness or invalidity of this section or any of its provisions shall not affect any other provisions or applications of this chapter which shall be given effect without the invalid provision or application, and to this end, the provisions of this section are severable .

(i) For purposes of this section:

"Flavoring" means a substance that contains the flavoring constituents derived from a spice, fruit or fruit juice, vegetable or vegetable juice, edible yeast, herb, bark, bud, root, leaf or any other edible portions of a plant, meat, seafood, poultry, eggs, dairy products, or fermentation products thereof, whose primary function in food is flavoring rather than nutritional.

"Ingredient" means something that enters into a compound or is a component part of any combination or mixture.

"Seasoning" means salt, pepper, herbs, or spices. [L 1991, c 110, §1; am L 1999, c 82, §1; am L 2007, c 164, §1; am L 2024, c 199, §2]
Haw. Rev. Stat. § 481I-4 — HI Code / Division 2 / Title 26 / Chapter 481I / Section 481I-4
Arbitration mechanism.
Status: in_force

(a) The department of commerce and consumer affairs shall establish and monitor a state certified arbitration program which is in substantial compliance with Title 16, Code of Federal Regulations, part 703, as may be modified by this section, and shall adopt appropriate rules governing its operation.

(b) The director of commerce and consumer affairs may contract with an independent arbitration organization for annual term appointments to screen, hear, and resolve consumer complaints which have been initiated pursuant to section 481I-3.

The following criteria shall be considered in evaluating the suitability of independent arbitration mechanisms: capability, objectivity, experience, nonaffiliation with manufacturers of or dealers in new motor vehicles, reliability, financial stability, and fee structure.

(c) If a consumer agrees to participate in and be bound by the operation and decision of the state certified arbitration program, then all parties shall also participate in, and be bound by, the operation and decision of the state certified arbitration program. The prevailing party of an arbitration decision made pursuant to this section may be allowed reasonable attorney's fees.

(d) The submission of any dispute to arbitration in which the consumer elects nonbinding arbitration shall not limit the right of any party to a subsequent trial de novo upon written demand made upon the opposing party to the arbitration within thirty calendar days after service of the arbitration award, and the award shall not be admissible as evidence at that trial. If the party demanding a trial de novo does not improve its position as a result of the trial by at least twenty-five per cent, then the court shall order that all of the reasonable costs of trial, consultation, and attorney's fees be paid for by the party making the demand.

If neither party to a nonbinding arbitration demands a trial de novo within thirty days after service of the arbitration award, the arbitrator's decision shall become binding on both parties upon the expiration of the thirty-day period.

(e) Funding of the state certified arbitration program shall be provided through an initial filing fee of $200 to be paid by the manufacturer and $50 to be paid by the consumer upon initiating a case for arbitration under this section. Every final decision in favor of the consumer issued by the independent arbitration mechanism shall include within its relief the return of the $50 filing fee to the consumer. The director of commerce and consumer affairs may establish a trust fund for the purpose of administering fees and costs associated with the state certified arbitration program.

(f) The failure of a manufacturer to timely comply with a binding decision of a state certified arbitration program shall be prima facie evidence of an unfair or deceptive act or practice under chapter 480 unless the manufacturer can prove that it attempted in "good faith" to comply, or that the failure was beyond the manufacturer's control, the result of a written agreement with the consumer, or based on an appeal filed under chapter 658A. [L 1992, c 314, pt of §1; am L 1996, c 185, §1; am L 2001, c 265, §4]
Haw. Rev. Stat. § 488-7 — HI Code / Division 2 / Title 26 / Chapter 488 / Section 488-7
Failure to comply; penalty.
Status: in_force

(a) Any plan that does not comply with this chapter shall be notified in writing by the commissioner of the noncompliance and of the need to take corrective action within seven days. If the noncompliance continues for seven days after notification, the plan or plan administrator may be fined not more than $1,000 per day for each day of noncompliance.

(b) In addition to penalties provided in subsection (a), the commissioner may deny, suspend, revoke, or refuse to approve the certificate of authority of any plan or any plan amendments.

(c) If the commissioner takes any action pursuant to subsection (b), the commissioner shall notify the applicant or licensee in writing of the reason for that action. The applicant or licensee may submit a written request within ten days of the date of receipt of the notice for a hearing before the commissioner to determine the propriety of the commissioner's action. A hearing pursuant to this subsection shall be held within thirty days of receipt of the written request, unless postponed by mutual consent, and shall be conducted pursuant to chapter 91.

(d) If the commissioner has cause to believe that any plan is violating or is about to violate any provision of this chapter or any order of the commissioner, the commissioner may issue a cease and desist order to enforce compliance with this chapter or any order of the commissioner, or may bring an action in any court of competent jurisdiction to enjoin the plan from continuing the violation. The commissioner may order or petition the court to order restitution on behalf of persons aggrieved by a violation of this chapter and an assessment of a monetary penalty against any plan, plan administrator, or owner, operator, or officer of the plan for violation of this chapter or an order of the commissioner. [L 1976, c 156, pt of §1; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 2010, c 47, §1(6); am L 2011, c 186, §7]
Haw. Rev. Stat. § 480-4 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-4
Combinations in restraint of trade, price-fixing and limitation of production prohibited.
Status: in_force

(a) Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce in the State, or in any section of this State is illegal.

(b) Without limiting the generality of subsection (a), no person, exclusive of members of a single business entity consisting of a sole proprietorship, partnership, trust, or corporation, shall agree, combine, or conspire with any other person or persons, or enter into, become a member of, or participate in, any understanding, arrangement, pool, or trust, to do, directly or indirectly, any of the following acts, in the State or any section of the State:

(1) Fix, control, or maintain the price of any commodity;

(2) Limit, control, or discontinue, the production, manufacture, or sale of any commodity for the purpose or with the result of fixing, controlling or maintaining its price;

(3) Fix, control, or maintain, any standard of quality of any commodity for the purpose or with the result of fixing, controlling, or maintaining its price;

(4) Refuse to deal with any other person or persons for the purpose of effecting any of the acts described in paragraphs (1) to (3).

(c) Notwithstanding subsection (b) and without limiting the application of subsection (a), it shall be lawful for a person to enter into any of the following restrictive covenants or agreements ancillary to a legitimate purpose not violative of this chapter, unless the effect thereof may be substantially to lessen competition or to tend to create a monopoly in any line of commerce in any section of the State:

(1) A covenant or agreement by the transferor of a business not to compete within a reasonable area and within a reasonable period of time in connection with the sale of the business;

(2) A covenant or agreement between partners not to compete with the partnership within a reasonable area and for a reasonable period of time upon the withdrawal of a partner from the partnership;

(3) A covenant or agreement of the lessee to be restricted in the use of the leased premises to certain business or agricultural uses, or covenant or agreement of the lessee to be restricted in the use of the leased premises to certain business uses and of the lessor to be restricted in the use of premises reasonably proximate to any such leased premises to certain business uses;

(4) A covenant or agreement by an employee or agent not to use the trade secrets of the employer or principal in competition with the employee's or agent's employer or principal, during the term of the agency or thereafter, or after the termination of employment, within such time as may be reasonably necessary for the protection of the employer or principal, without imposing undue hardship on the employee or agent.

(d) Except as provided in subsection (c)(4), it shall be prohibited to include a noncompete clause or a nonsolicit clause in any employment contract relating to an employee of a technology business. The clause shall be void and of no force and effect.

As used in this subsection:

"Information technology development" means the design, integration, deployment, or support services for software.

"Noncompete clause" means a clause in an employment contract that prohibits an employee from working in a specific geographic area for a specific period of time after leaving employment with the employer.

"Nonsolicit clause" means a clause in an employment contract that prohibits an employee from soliciting employees of the employer after leaving employment with the employer.

"Software development" means the creation of coded computer instructions.

"Technology business" means a trade or business that derives the majority of its gross income from the sale or license of products or services resulting from its software development or information technology development, or both. A "technology business" excludes any trade or business that is considered by standard practice as part of the broadcast industry or any telecommunications carrier, as defined in section 269-1, that holds a franchise or charter enacted or granted by the legislative or executive authority of the State or its predecessor governments. [L 1961, c 190, §2; Supp, §205A-2; am imp L 1967, c 49, §1; HRS §480-4; gen ch 1985; am L 2015, c 158, §2]
Haw. Rev. Stat. § 482C-5 — HI Code / Division 2 / Title 26 / Chapter 482C / Section 482C-5
Penalty.
Status: in_force

Any person who violates this chapter shall be guilty of a misdemeanor.
Haw. Rev. Stat. § 489D-8 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-8
Permissible investments and statutory trust.
Status: in_force

(a) A licensee, at all times, shall possess permissible investments having an aggregate market value, calculated in accordance with generally accepted accounting principles, of no less than the aggregate amount of all outstanding money transmission obligations. This requirement may be waived by the commissioner if the dollar volume of a licensee's outstanding money transmission obligations does not exceed the bond or other security devices posted by the licensee pursuant to section 489D-7.

(b) Permissible investments, even if commingled with other assets of the licensee, shall be held in trust for the benefit of the purchasers and holders of the licensee's outstanding money transmission obligations in the event of insolvency; the filing of a petition by or against the licensee under the United States Bankruptcy Code, title 11 United States Code [sections] 101-110, as may be amended or recodified, for bankruptcy or reorganization; the filing of a petition by or against the licensee for receivership; the commencement of any other judicial or administrative proceeding for its dissolution or reorganization; or in the event of an action by a creditor against the licensee who is not a beneficiary of this statutory trust. No permissible investments impressed with a trust pursuant to this section shall be subject to attachment, levy of execution, or sequestration by order of any court, except for a beneficiary of a statutory trust established pursuant to this subsection.

(c) Upon the establishment of a statutory trust in accordance with subsection (b) or when any funds are drawn on a letter of credit pursuant to section 489D-7(a), the licensee or applicant shall notify the commissioner of the establishment of the trust or the funds drawn on the letter of credit, as applicable. Notice shall be deemed satisfied if performed pursuant to a multistate agreement or through NMLS. Funds drawn on a letter of credit, and any other permissible investments held in trust for the benefit of the purchasers and holders of the licensee's outstanding money transmission obligations, shall be deemed held in trust for the benefit of the purchasers and holders on a pro rata and equitable basis in accordance with statutes pursuant to which permissible investments are required to be held in the State, and other states, as applicable. Any statutory trust established pursuant to this subsection shall be terminated upon extinguishment of all of the licensee's outstanding money transmission obligations.

(d) The commissioner, by rule or by order, may allow other types of investments that the commissioner determines are of sufficient liquidity and quality to be a permissible investment. The commissioner may participate in efforts with other state regulators to determine that other types of investments are of sufficient liquidity and quality to be a permissible investment. [L 2006, c 153, pt of §1; am L 2017, c 45, §2; am L 2023, c 183, §5]
Haw. Rev. Stat. § 486-81 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-81
Confiscation of evidence.
Status: in_force

The administrator or any authorized inspector may confiscate as evidence any tools designed to change, manipulate, or otherwise alter the display of an odometer, when the inspector has reason to believe that such tools may be used in an illicit manner or by persons other than licensed dealers, or licensed repair agencies, or by persons gainfully employed by such agencies or dealers.
Haw. Rev. Stat. § 486-4 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-4
Measurement standards branch; administrator.
Status: in_force

There shall be a measurement standards branch within the department. The administrator shall enforce the board's rules and administer the branch and such technical and clerical personnel as are necessary to carry out this chapter, in accord with the power, authority and duties delegated by the board.
Haw. Rev. Stat. § 481C-6 — HI Code / Division 2 / Title 26 / Chapter 481C / Section 481C-6
Compliance with credit sale contract law.
Status: in_force

If the contract referred to in section 481C-1 is a credit sale contract, the seller must also comply with the requirements of chapter 476.
Haw. Rev. Stat. § 486-132 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-132
Enforcement; rules.
Status: in_force

The board is authorized to enforce the provisions of this part and shall adopt reasonable rules for the implementation and enforcement of this part. These rules shall have the force and effect of law. The board may adopt rules that include, but are not limited to, the licensing of measuremasters; determining the qualifications of the applicant for a license as a public measuremaster; annual license fees; the granting, renewal, or refusal of a license; period of license validity; measurement practices that must be followed, including the measurement or recording of tare; the required information to be submitted with or as part of a certificate; and the period of record keeping.
Haw. Rev. Stat. § 482-9 — HI Code / Division 2 / Title 26 / Chapter 482 / Section 482-9
Appeal.
Status: in_force

Any person aggrieved by any action of the director under this chapter in issuing or revoking a certificate of registration of a trade name or in denying an application, within thirty days after the action by the director, or if no order has been entered either granting or denying the application within four months after the filing of the application, may commence proceedings to obtain judicial review thereof by the circuit court of the first circuit by filing in the court a notice of appeal. Proceedings for review by the intermediate appellate court, subject to chapter 602, may be had and taken in the same manner as is provided for a review of a judgment of a circuit court.
Haw. Rev. Stat. § 481R-1 — HI Code / Division 2 / Title 26 / Chapter 481R / Section 481R-1
Definitions.
Status: in_force

As used in this chapter:

"Commissioner" means the insurance commissioner.

"Consumer" means a person in this State who purchases or otherwise possesses a vehicle protection product.

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

"Reimbursement insurance policy" means a policy of insurance issued to a warrantor to:

(1) Provide reimbursement to the warrantor under the terms of the insured vehicle protection product issued or sold by the warrantor; and

(2) Pay on behalf of the warrantor, in the event of the warrantor's nonperformance, all covered obligations incurred by the warrantor under the terms of the insured vehicle protection product issued or sold by the warrantor.

"Seller" means a person engaged in the business of offering a vehicle protection product for sale to a consumer.

"Vehicle identification number" means a serial number or identification mark of any vehicle established by the manufacturer for the purpose of identifying the vehicle.

"Vehicle protection product" means a product or system, which includes a written warranty, that is:

(1) Installed or applied to a vehicle; and

(2) Designed to prevent loss or damage to a vehicle from a specific cause.

"Warrantor" means a person named under the terms of a vehicle protection product warranty as the contractual obligor to the consumer. [L 2002, c 237, pt of §1]
Haw. Rev. Stat. § 486-83 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-83
Scheduled inspection.
Status: in_force

The administrator or any authorized inspector may schedule odometer system inspection for passenger cars at a designated time and place. Failure to move or present the passenger cars as directed or scheduled shall be a violation of this part.
Haw. Rev. Stat. § 481-7 — HI Code / Division 2 / Title 26 / Chapter 481 / Section 481-7
Rebates, refunds, etc.
Status: in_force

The payment or allowance of rebates, refunds, commissions, or unearned discounts whether in the form of money or otherwise or extending to certain purchasers, special services, or privileges not extended to all purchasers purchasing upon like terms and conditions, to the injury of a competitor and where the payment or allowance tends to destroy competition, is an unfair practice and any person, firm, or corporation resorting to such trade practice shall be subject to injunction or suit for damages as provided in this chapter; provided that this section shall not apply to dealings between a principal and agent under the terms of a bona fide agency contract, nor to sales by an employer to the employer's bona fide employees of any articles which are part of the stock.
Haw. Rev. Stat. § 481G-1 — HI Code / Division 2 / Title 26 / Chapter 481G / Section 481G-1
Definitions.
Status: in_force

As used in this chapter:

"Dealer" means any person, corporation, partnership, association, association of dealers, or other form of business enterprise engaged in the business of selling products.

"Dealership" means any agreement, written or verbal, between a distributor and a dealer under which the dealer is granted the right, for a definite or indefinite period of time, to sell products on behalf of a distributor to consumers and other end-users.

"Distributor" means any person, corporation, partnership, or other form of business enterprise engaged in the sale, consignment, exchange, or any other form of transfer of a product which it manufactures, assembles, constructs, creates, or obtains in any manner from a manufacturer.

"Products" includes, but is not limited to: typewriters, copiers, electronic cash registers, dictating equipment, calculators, offset printers, letter openers, computers, or word processing equipment, but does not include such items as pencils, erasers, stationery, paper clips, or other such miscellaneous material normally used in an office. [L 1983, c 285, pt of §1]

Revision Note

Numeric designations deleted.
Haw. Rev. Stat. § 476-24 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-24
Additions to and consolidations of credit sale contracts.
Status: in_force

Where a buyer makes any subsequent purchases of goods from a seller from whom the buyer has previously purchased goods under one or more credit sale contracts which provide for the extension of closed-end credit, and the amounts under the contract or contracts have not been fully paid, the previous purchases may be included in and consolidated with one or more of the subsequent contract or contracts, or the subsequent purchases may be included in and consolidated with one or more of the prior contract or contracts in which case a memorandum of such additional purchases shall be prepared by the seller and inserted in or attached to the seller's counterpart of the contract. The memorandum shall set forth:

(1) A description of the additional goods so purchased;

(2) The consolidated total indebtedness of the buyer;

(3) The finance charge which shall include any unearned portion of the old finance charge that is not credited to the prior contract or contracts;

(4) The annual percentage rate; and

(5) The revised installment payments.

A copy of the memorandum shall be furnished to the buyer prior to the due date of the first installment following the subsequent purchase.

Every memorandum which complies with the disclosure requirements of the federal Truth in Lending Act as of the date upon which the contract is executed shall be deemed to comply with the disclosure provisions of this section.

When such subsequent purchase is made, the entire amount of all payments made previous to the subsequent purchase shall be applied toward the payment of the previous purchase or purchases and each payment thereafter received shall be first applied to the payment of purchases first made. To the extent purchases are paid for according to this section, security interests in the goods which are the subject matter of the credit sale shall terminate as the payment with respect to each purchase is made.

Unless otherwise expressly stated in the contract, payments received by the seller upon a revolving charge account shall be applied first to the payment of finance charges, then to late charges, costs of action, and attorney's fees in the order of their entry to the account, and then to the payment of purchases in the order in which the entries to the account showing the purchases were made. [L 1961, c 102, pt of §1; Supp, §201A-28; am L 1967, c 285, §7; HRS §476-29; am L 1970, c 54, §1; am and ren L 1984, c 86, pt of §1]

Revision Note

In third paragraph, "this section" substituted for "section 476-24".

In fourth paragraph, "credit" substituted for "retail installment".
Haw. Rev. Stat. § 482-27 — HI Code / Division 2 / Title 26 / Chapter 482 / Section 482-27
Records.
Status: in_force

The director shall maintain a record of all marks registered or renewed under this part, including a record of all marks recorded pursuant to section 482-26.
Haw. Rev. Stat. § 482P-2 — HI Code / Division 2 / Title 26 / Chapter 482P / Section 482P-2
Property right in use of name, voice, signature, or likeness.
Status: in_force

Every individual or personality has a property right in the use of the individual's or personality's name, voice, signature, and likeness. The right shall be deemed to have existed before the enactment of this chapter, including at and after the time of death of any deceased individual or deceased personality, and shall continue to exist for a fixed period of time after death, as prescribed in section 482P-4. This right shall be freely transferable, assignable, and licensable, in whole or in part, by any otherwise permissible form of inter vivos or testamentary transfer, including without limitation a will or other testamentary instrument, trust, contract, community property agreement, or cotenancy with survivorship provisions or payable-on-death provisions, whether the will or other testamentary instrument, trust, contract, community property agreement, or cotenancy document is entered into or executed by the deceased individual or deceased personality or by any subsequent owner of the deceased individual's or deceased personality's rights as recognized by this chapter; or, if none is applicable, then the owner of the rights shall be determined under the laws of intestate succession applicable to interests in intangible personal property. The right exists regardless of whether it was commercially exploited by the individual or the personality during the individual's or the personality's lifetime. The right does not expire upon the death of the individual or personality, regardless of whether the law of the domicile, residence, or citizenship of the individual or personality at the time of death or otherwise recognizes a similar or identical property right. This chapter is intended to apply to all individuals and personalities, living and deceased, including those who died before the enactment of this chapter, regardless of place of domicile or place of domicile at time of death. In the case of a deceased individual or deceased personality, the rights recognized under this chapter shall be deemed to exist at the time of death of any deceased individual or deceased personality or subsequent successor of their rights for the purpose of determining the person or persons entitled to these property rights as provided for in section 482P-3. [L Sp 2009, c 28, pt of §2; am L 2021, c 37, §3]
Haw. Rev. Stat. § 481B-5.5 — HI Code / Division 2 / Title 26 / Chapter 481B / Section 481B-5.5
Returns for refunds, merchandise credits, and exchanges.
Status: in_force

(a) As used in this section, unless the context otherwise requires:

"Ancillary charges" includes all charges paid to the merchant that are necessary for the use of the goods for their purchased purpose and all sums paid for agreements for service, warranty, or replacement.

"Conspicuous sign" means a sign posted in the merchant's place of business in a location reasonably calculated to bring the sign to the attention of purchasers before a purchaser makes a purchase.

"Exchange" means a transaction between a merchant and a purchaser in which a previously purchased item is exchanged for another item.

"Full amount of the payment" includes the amount paid for the returned goods, including any ancillary charges or taxes incident to the purchase of the returned goods, and without any deduction for restocking of the merchant's inventory, or for administration of the refund, exchange, or merchandise credit.

"Merchandise credit" means the crediting to the purchaser of the full amount of the payment upon return of the goods and allowing the purchaser to purchase goods from the merchant with the merchandise credit, or applying to the purchaser's credit account with the merchant, in the amount of the merchandise credit.

"Merchant" means any person engaged in the business of offering goods for sale to purchasers at retail.

"Proof of purchase" means a sales slip, receipt, credit card slip, or any other documentation that substantiates the sale of the goods from the merchant and the amount of payment.

"Purchaser" means a natural person who is returning goods that were purchased or received primarily for personal, family, or household purposes.

"Refund" means the return to the purchaser of the full amount of the payment upon return of the goods, in accordance with this section.

"Repacking and transportation charges" means the charges for repacking, pick up, and transportation of goods previously delivered, unpacked, and set up by the merchant at the direction of the purchaser.

"Return" or "return of goods" means the acceptance by the merchant of goods from a purchaser, whether for refund, merchandise credit, or exchange, and includes the cancellation of a custom or special order before the merchant is obligated to make payment on the order and the cancellation of a layaway.

(b) Except as provided in this section, all merchants shall accept the return of goods for refund, merchandise credit, or exchange, giving purchasers rights that are no less than those provided in this section. The merchant may:

(1) Choose one of the following policies by posting a conspicuous sign notifying purchasers of any one of the following limitations:

(A) Refunds only;

(B) Refunds or merchandise credit only;

(C) Exchanges or merchandise credit only; or

(D) No refunds, merchandise credits, or exchanges; and

(2) Place specific limitations on the policy adopted by posting a conspicuous sign notifying the purchasers of any limitations allowed by subsections (c), (d), (e), and (f).

(c) Any merchant who does not accept the return of goods shall post conspicuous signs bearing the words "All sales final", or "No returns for refunds, merchandise credits, or exchanges", or words or phrases of similar import, to inform customers that no return of goods shall be accepted.

(d) Any merchant who limits the period during which goods may be returned to less than sixty days after the date of purchase or delivery shall post conspicuous signs informing purchasers of the limitation of the period during which the return of goods shall be accepted.

(e) Any merchant who excludes a certain category or type of goods from its return policy shall post one or more conspicuous signs identifying that type of goods.

(f) Any merchant who excludes custom or specially ordered goods from its return policy shall post conspicuous signs, or otherwise notify the purchaser, with the purchaser's written acknowledgment, of the return policy. For custom or specially ordered goods, the policy may allow the merchant to accept the return of the goods and to charge the purchaser for the cost of shipping if the charge is disclosed prior to the purchase.

(g) Any person engaged in the business of offering goods for sale at retail who fails to post a conspicuous sign as required by this section shall accept the return of goods from purchasers and make refunds in accordance with subsection (h).

(h) All merchants, except as provided in subsection (c), shall handle returns for refunds in the following manner:

(1) If payment was made in cash, the refund shall be made in cash at the time of the return of goods, except that if the amount to be returned exceeds $25, cash refunds may be made by check issued within ten days of the date of the return;

(2) If payment was made by check, the refund shall be made in cash upon acceptance of the returned goods by the merchant, or by check issued within ten days of the acceptance of the returned goods by the merchant, except that if the purchaser's check has not cleared the bank on which it was drawn, the refund may be delayed for no more than ten days after the date the purchaser's check has cleared; provided that the merchant shall have complied with this provision if the check is mailed to the purchaser at the address provided by the purchaser within the ten-day period;

(3) If payment was made by credit card, the refund shall be made by credit to the purchaser's credit card account; provided that the merchant shall initiate the submittal of the charge card credit memo or other appropriate documentation to the merchant's financial institution within five banking business days after the return of goods or, at the merchant's option, the refund may be made in cash at the time of the return of the goods or by check issued and mailed within ten days of the acceptance of the returned goods; or

(4) If payment was made by charging a credit account administered by the merchant, the refund shall be made by credit to the purchaser's credit account initiated at the time of the return of the goods.

(i) All merchants, except as provided in subsection (c), shall handle returns for merchandise credit in the following manner:

(1) If the purchaser does not select goods in exchange for the returned goods within thirty days of the return, the merchant shall make a full refund to the purchaser in cash or in accordance with subsection (h). The merchant shall not be required to return cash in exchange for a merchandise credit issued pursuant to this paragraph if the merchant posts a conspicuous sign to notify purchasers that the merchandise credit cannot be turned into cash;

(2) The merchandise credit shall be valid for a minimum of two years; and

(3) Before exchanging the merchandise credit for cash or, in the case of a purchaser selecting goods in exchange costing less than the amount of the merchandise credit, refunding the difference in cash, the merchant may require proof of purchase and require the surrender of the credit memo.

(j) All merchants, except as provided in subsection (c), shall handle returns for exchanges in the following manner:

(1) If the exchange involves an exchange for only size or color, the exchange shall be made without regard to the full amount of payment; provided that the merchant may make an appropriate adjustment if the differing size or color normally sells at a different price; and

(2) If the exchange does not involve an exchange for only size or color, then if the full amount of the payment for the goods received in exchange is less than the full amount of the payment for the returned goods, the merchant shall issue a refund or merchandise credit in the amount of the difference.

(k) In determining the full amount of the payment for returns for reasons other than damaged or defective goods, a deduction for repacking and transportation charges may be made from the full amount of the payment, if the deduction is disclosed to the purchaser prior to the purchase.

(l) Any return policies adopted by the merchant pursuant to this section that limits the purchaser's ability to obtain a refund shall not apply if the goods were damaged or defective prior to the time of sale, unless the merchant was aware of the damage or defect and notified the purchaser of the damage or defect in writing prior to the time of sale. No warranty policy adopted by a merchant in the State shall require a purchaser to pay an additional fee to obtain a repair, replacement, or refund for goods returned pursuant to the warranty.

As used in this subsection, "merchant in the State" means a merchant that:

(1) Is created under the laws of the State, including but not limited to chapters 414, 414D, 415A, 425, 425E, or 428;

(2) Is authorized to transact business in the State; and

(3) Possesses a current, unexpired State of Hawaii general excise tax license.

(m) A merchant is not required to accept a return if:

(1) There is no proof of purchase, by sales slips, receipts, or other evidence of purchase of the goods returned;

(2) The purchaser has retained the goods in excess of sixty days after the purchase;

(3) The goods have been used or damaged after sale, or altered by the purchaser at the time of or after the sale; or

(4) The goods are of a type which are unsuitable for resale, pursuant to any applicable law.

(n) The following constitute unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce under section 480-2:

(1) Any violation of this section; and

(2) Any act or policy that causes a compromise of the purchaser's rights and protections established by this section. [L 1997, c 79, §1; am L 2008, c 19, §14; am L 2019, c 194, §1]
Haw. Rev. Stat. § 480-23.1 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-23.1
Procedures.
Status: in_force

(a) If a person has been or may be subpoenaed to testify or to produce a record, document, or other object in an official proceeding under this chapter, the investigating officer shall, when the investigation reaches a stage when the posture of discovered evidence renders the witness a substantially probable suspect of criminal misconduct, notify such person of the person's constitutional rights.

(b) A judge of a circuit court or of a district court may, upon application by the attorney general or any county attorney, corporation counsel, or prosecuting attorney, of any county, issue an order requiring the person to testify or to produce a record, document, or other object, notwithstanding the person's refusal to do so on the basis of the person's privilege against self-incrimination. The application shall specify whether the immunity being sought is use immunity as set forth in section 480-23.2 or transactional immunity as set forth in section 480-23.3.

(c) The order may be issued prior to the assertion of the privilege against self-incrimination but shall not be effective until the witness asserts the witness' privilege against self-incrimination and the presiding officer communicates the order to the witness. The order shall specify the type of immunity being granted and contain appropriate explanation of the scope of protection from prosecution being afforded thereby. [L 1980, c 173, §3; gen ch 1985; am L 2008, c 19, §9]
Haw. Rev. Stat. § 486-135 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-135
Reciprocal acceptance of certificates.
Status: in_force

Whenever in any other state that licenses public weighmasters or measuremasters there is statutory authority for the recognition and acceptance of the certificates issued by measuremasters of this State, the board is authorized to recognize and accept the certificates of that state.
Haw. Rev. Stat. § 486N-11 — HI Code / Division 2 / Title 26 / Chapter 486N / Section 486N-11
Violation; remedies.
Status: in_force

(a) A violation or failure to comply with any of the requirements of this chapter shall constitute an unfair or deceptive act within the meaning of section 480-2.

(b) Any buyer damaged as a result of a violation or failure to comply with any of the requirements of this chapter may bring an action for recovery of damages.

(c) Any health club contract that fails to comply with the requirements of this chapter shall be unenforceable against the buyer. [L 1984, c 161, pt of §1]
Haw. Rev. Stat. § 489D-18 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-18
Maintenance of records.
Status: in_force

(a) Each licensee shall make, keep, preserve, and make available for inspection by the commissioner the following books, accounts, and other records for a period of three years:

(1) A record or records of each payment instrument;

(2) A general ledger containing all assets, liability, capital, income, and expense accounts that shall be posted at least monthly;

(3) Bank statements and bank reconciliation records;

(4) Records of all outstanding money transmission obligations;

(5) Records of each payment instrument paid within the three-year period;

(6) A list of the names and addresses of all of the licensee's authorized delegates; and

(7) Any other records the commissioner reasonably requires by rule adopted pursuant to chapter 91.

(b) Maintenance of documents in a photographic, electronic, or other similar form shall comply with this section.

(c) Records may be maintained at a location outside the State; provided that these records are made accessible to the commissioner within seven business days of receipt of a written notice issued by the commissioner. [L 2006, c 153, pt of §1; am L 2017, c 45, §7; am L 2023, c 183, §6]
Haw. Rev. Stat. § 484-8.7 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-8.7
Copy of amended public offering statements to be given to prospective purchasers.
Status: in_force

If a subdivider enters into a reservation agreement with a prospective purchaser for the subdivision before the issuance of a final order, any sales contract later entered into by the subdivider and that prospective purchaser after the final order is issued shall not be binding on the purchaser until the requirements of section 484-8.6(b) have been met, and unless any amended public offering statement required by the director under section 484-8.6(d) is provided to the prospective purchaser before the purchaser signs the sales contract.

The requirements of section 484-8.6(b) shall apply as if the purchaser had signed the purchaser's sales contract before the final order was entered by the director; provided that the requirements of this section shall not apply if the director does not require under section 484-8.6(b) that an amended public offering statement be prepared in connection with the issuance of a final order. [L 1983, c 175, pt of §8; am L 1992, c 132, §10]
Haw. Rev. Stat. § 489D-19 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-19
Confidentiality of records.
Status: in_force

(a) The commissioner and all employees, contractors, attorneys contracted or employed by the State, and appointees of the division of financial institutions shall not divulge or furnish any information in their possession or obtained by them in the course of their official duties to persons outside the division, except to the director of commerce and consumer affairs, or unless otherwise permitted by this section or any other law regulating licensees or authorized delegates, in which case the disclosure shall not authorize or permit any further disclosure of the information. The disclosures prohibited by this section shall include, without limitation, information that is:

(1) Privileged or exempt from disclosure under any federal or state law;

(2) Related to an examination performed by or on behalf of the commissioner or contained in any report of examination;

(3) Contained in any report or application submitted to, or for the use of the commissioner, except for the nonproprietary portions of reports and applications, as determined by the commissioner pursuant to rule;

(4) Related to the business, personal, or financial affairs of any person and is furnished to, or for the use of, the commissioner in confidence;

(5) Privileged or confidential and related to trade secrets and commercial or financial information obtained from a person;

(6) Obtained pursuant to any lawful investigation for the purpose of enforcing the laws regulating licensees or authorized delegates;

(7) Related solely to the internal personnel rules or other internal practices of the commissioner;

(8) Contained in personnel, medical, and similar files, including financial files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; or

(9) Contained in inter-agency and intra-agency communications, whether or not contained in written memoranda, letters, tapes, or records, that would not be routinely available by law to a private party, including memoranda, reports, and other documents prepared by the staff of the commissioner.

(b) Any information identified in subsection (a) is confidential and not subject to subpoena or other legal process.

(c) The commissioner shall furnish a copy of each report of examination to the licensee and to any authorized delegate examined. The report and its contents shall remain the property of the commissioner and shall not be disclosed to any person who is not an officer, director, employee, authorized auditor, attorney, other consultant, or advisor of the licensee or authorized delegate. Any person who has received the report from the licensee or authorized delegate shall be bound by the confidentiality provisions of this section. The report and its contents shall not be subject to subpoena or other legal process requiring disclosure.

(d) The commissioner may furnish reports of examination and other information relating to the examination of a licensee or authorized delegate to:

(1) The governor, the attorney general, and heads of other state governmental agencies with regulatory authority over the licensee or authorized delegate;

(2) Federal, state, or foreign regulatory agencies if the requesting agency agrees to use the information only for functions directly related to the exercise of its appropriate supervisory authority; and

(3) Other agencies of the United States or a state for use where necessary to investigate regulatory, civil, or criminal charges in connection with the affairs of any licensee or authorized delegate under the supervision of the commissioner. [L 2006, c 153, pt of §1; am L 2008, c 195, §12]
Haw. Rev. Stat. § 484-15 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-15
Penalties.
Status: in_force

Any person who wilfully violates this chapter or a rule adopted under it or any person who wilfully, in an application for registration or exemption makes any untrue statement of a material fact or omits to state a material fact is guilty of a felony and may be fined not less than $5,000 or double the amount of gain from the transaction, whichever is the larger but not more than $250,000; or may be imprisoned for not more than two years, or both.
Haw. Rev. Stat. § 485A-407 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-407
Succession and change in registration of broker-dealer or investment adviser.
Status: in_force

(a) A broker-dealer or investment adviser may succeed to the current registration of another broker-dealer or investment adviser or a notice filing of a federal covered investment adviser, and a federal covered investment adviser may succeed to the current registration of an investment adviser or notice filing of another federal covered investment adviser, by filing as a successor an application for registration pursuant to section 485A-401 or 485A-403 or a notice pursuant to section 485A-405 for the unexpired portion of the current registration or notice filing.

(b) A broker-dealer or investment adviser that changes its form of organization or state of incorporation or organization may continue its registration by filing an amendment to its registration if the change does not involve a material change in its financial condition or management. The amendment becomes effective when filed or on a date designated by the registrant in its filing. The new organization shall be a successor to the original registrant for the purposes of this chapter. If there is a material change in financial condition or management, the broker-dealer or investment adviser shall file a new application for registration. A predecessor registered under this chapter shall stop conducting its securities business other than winding down transactions and shall file for withdrawal of broker-dealer or investment adviser registration within forty-five days after filing its amendment to effect succession.

(c) A broker-dealer or investment adviser that changes its name may continue its registration by filing an amendment to its registration statement and providing any other information that the commissioner determines is appropriate by rule adopted or order issued under this chapter. The amendment becomes effective when filed or on a date designated by the registrant.

(d) A change of control of a broker-dealer or investment adviser may be made in accordance with a rule adopted or order issued under this chapter. [L 2006, c 229, pt of §1]
Haw. Rev. Stat. § 489-8 — HI Code / Division 2 / Title 26 / Chapter 489 / Section 489-8
Civil penalty.
Status: in_force

(a) It shall be unlawful for a person to discriminate unfairly in public accommodations.

(b) Any person, firm, company, association, or corporation who violates this part shall be fined a sum of not less than $500 nor more than $10,000 for each violation, which sum shall be collected in a civil action brought by the attorney general or the civil rights commission on behalf of the State. The penalties provided in this section shall be cumulative to the remedies or penalties available under all other laws of this State. Each day of violation under this part shall be a separate violation.

(c) This section shall not apply to violations of part II of this chapter. [L 1987, c 294, §1; am L 1989, c 386, §12; am L 2000, c 227, §6; am L 2001, c 55, §24]
Haw. Rev. Stat. § 482-54 — HI Code / Division 2 / Title 26 / Chapter 482 / Section 482-54
Severability.
Status: in_force

If any provision of this chapter is deemed to be invalid, the remaining provisions of this chapter shall continue to be effective.
Haw. Rev. Stat. § 489E-9 — HI Code / Division 2 / Title 26 / Chapter 489E / Section 489E-9
Attribution and effect of electronic record and electronic signature.
Status: in_force

(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.

(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law. [L 2000, c 282, pt of §1]
Haw. Rev. Stat. § 486N-2 — HI Code / Division 2 / Title 26 / Chapter 486N / Section 486N-2
Exemptions.
Status: in_force

This chapter shall not apply to:

(1) Any nonprofit organization;

(2) Any person operating a business primarily for the purpose of teaching a form of self-defense or dance as an art;

(3) Any private club owned and operated by its members;

(4) Any medically related service performed by a doctor legally authorized to practice medicine or osteopathy in the State, in a private office, clinic, or hospital;

(5) The State or any of its political subdivisions;

(6) Any health club which began offering health club contracts or any other contracts in the State prior to December 31, 1969; or

(7) Any club whose function as a health club is only incidental to its overall function and purpose, and whose covered floor space devoted to the maintenance or development of physical fitness or well-being through physical exercise comprises less than thirty-five per cent of the total covered floor space of the club available to members. [L 1984, c 161, pt of §1]
Haw. Rev. Stat. § 486-111 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-111
Packages; information required; variations; exemptions.
Status: in_force

Except as otherwise provided in this chapter, any package introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or offered or exposed for sale, shall bear on the outside of the package definite, plain, and conspicuous declarations of:

(1) The identity of the commodity in the package, unless the commodity can be identified easily through the wrapper or container;

(2) The net quantity of the contents in terms of measure; and

(3) In the case of any package kept, offered, or exposed for sale, or sold in any place other than on the premises where packed, the name and place of business of the manufacturer, packer, or distributor, as may be prescribed by rule of the board;

provided that, in connection with the declaration of net quantity, neither the qualifying term "when packed" or words of similar import, nor any term qualifying a unit of measure (for example, "jumbo", "giant", "full", and the like) that tends to exaggerate the amount of commodity in the package shall be used; and provided further that the board may, by rule, establish reasonable variations from the declared measure and exemptions pertaining to the required declarations. [L 1991, c 153, pt of §6; am L 1993, c 54, §6]
Haw. Rev. Stat. § 486J-5.5 — HI Code / Division 2 / Title 26 / Chapter 486J / Section 486J-5.5
Energy data collection program.
Status: in_force

The department shall establish the energy data collection program that includes development and maintenance of an energy database system that meets the requirements of government and industry, while promoting sound policy making, greenhouse gas emission inventory reporting, energy planning, energy assurance planning, energy security, critical infrastructure protection, and emergency management, response, and recovery.
Haw. Rev. Stat. § 486P-5 — HI Code / Division 2 / Title 26 / Chapter 486P / Section 486P-5
Certification; participating manufacturers; nonparticipating manufacturers.
Status: in_force

(a) Every tobacco product manufacturer whose cigarettes are sold in this State, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, shall execute and deliver in the manner prescribed by the attorney general, a certification to the attorney general no later than September 30, 2003, and no later than the thirtieth day of April each year thereafter, certifying that as of the date of the certification the tobacco product manufacturer is either a participating manufacturer or is in full compliance with section 675-3(b).

(b) A participating manufacturer shall include in its certification a list of its brand families. The participating manufacturer shall update the list thirty days prior to any addition to or modification of its brand families by executing and delivering a supplemental certification to the attorney general.

(c) A nonparticipating manufacturer shall include in its certification:

(1) A complete list of all of its brand families that identifies by name and address any other manufacturer of the brand families, and that includes:

(A) A list of all of its brand families of cigarettes and of the number of units sold for each brand family that was sold in the State during the preceding calendar year, indicating by an asterisk any brand family that is no longer being sold in the State as of the date of the certification; and

(B) A list of its brand families that have been sold in the State at any time during the current calendar year.

The nonparticipating manufacturer shall update the list thirty days prior to any addition to or modification of its brand families by executing and delivering a supplemental certification to the attorney general;

(2) A statement that such nonparticipating manufacturer is registered to do business in the State, or that such nonparticipating manufacturer is a nonresident or foreign nonparticipating manufacturer that has not registered to do business in this State as a foreign corporation or business entity and has appointed an agent for service of process and provided notice thereof pursuant to section 486P-4;

(3) A statement that the nonparticipating manufacturer has established and continues to maintain a qualified escrow fund required pursuant to section 675-3(b)(1), including:

(A) The name, address, and telephone number of the financial institution where the nonparticipating manufacturer has established such qualified escrow fund;

(B) The account number of the qualified escrow fund or any sub-account number for the State;

(C) The amount the nonparticipating manufacturer placed in such fund for cigarettes sold in the State during the preceding calendar year, the date and amount of each such deposit, and such evidence or verification as may be deemed necessary by the attorney general to confirm the foregoing; and

(D) The amount and date of any withdrawal or transfer of funds the nonparticipating manufacturer made at any time from the fund or from any other qualified escrow fund into which the nonparticipating manufacturer made escrow payments pursuant to section 675-3(b)(1);

(4) A statement that the nonparticipating manufacturer has executed a qualified escrow agreement that has been reviewed and approved by the attorney general and that governs the qualified escrow fund; and

(5) A statement that the nonparticipating manufacturer is in full compliance with this chapter, chapter 675, and any rules adopted to implement this chapter or chapter 675.

(d) A tobacco product manufacturer may not include a brand family in its certification unless:

(1) In the case of a participating manufacturer, the participating manufacturer affirms that the brand family is to be deemed to be its cigarettes for purposes of calculating its payments under the Master Settlement Agreement for the relevant year, in the volume and shares determined pursuant to the Master Settlement Agreement; and

(2) In the case of a nonparticipating manufacturer, the nonparticipating manufacturer affirms that the brand family is to be deemed to be its cigarettes for purposes of chapter 675.

Nothing in this section shall be construed as limiting or otherwise affecting the State's right to maintain that a brand family constitutes cigarettes of a different tobacco product manufacturer for purposes of calculating payments under the Master Settlement Agreement or for purposes of chapter 675.

(e) The attorney general may require at any time from the nonparticipating manufacturer proof, from the financial institution in which a tobacco product manufacturer has established a qualified escrow fund for the purpose of compliance with section 675-3(b)(1), of the amount of money in such fund, exclusive of interest, the amount and date of each deposit to such fund, and the amount and date of each withdrawal from such fund.

(f) A tobacco product manufacturer shall maintain and make available to the attorney general, pursuant to this chapter, all invoices and documentation of sale and other such information relied upon for certification for a period of five years unless otherwise required by law. [L 2003, c 77, pt of §2]
Haw. Rev. Stat. § 489-4 — HI Code / Division 2 / Title 26 / Chapter 489 / Section 489-4
Exception, privacy requirements.
Status: in_force

The provision of separate facilities or schedules for female and for male patrons, does not constitute a discriminatory practice when such separate facilities or schedules for female and for male patrons are bona fide requirements to protect personal rights of privacy.
Haw. Rev. Stat. § 489D-17 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-17
Examinations and investigations.
Status: in_force

(a) The commissioner may examine or investigate a licensee or authorized delegate of a licensee as reasonably necessary or appropriate to administer and enforce this chapter, rules adopted or orders issued under this chapter, and other applicable law including but not limited to the Bank Secrecy Act, title 31 United States Code section 5311 et seq.; Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, P.L. 107-56; Electronic Fund Transfer Act, title 15 United States Code section 1693 et seq.; and [Gramm-Leach-Bliley] Act of 1999, P.L. 106-102.

(b) The commissioner may:

(1) Conduct an examination or investigation as the commissioner may reasonably require;

(2) Conduct an on-site or off-site examination or investigation or an off-site review of records;

(3) Conduct an examination or investigation in conjunction with an examination or investigation conducted by representatives of agencies of another state or the federal government;

(4) Accept the examination report of agencies of another state or the federal government or a report prepared by an independent accounting firm, in which event the accepted report shall be considered for all purposes as an official report of the commissioner; and

(5) Summon and examine under oath a key individual or employee of a licensee or authorized delegate of a licensee and require the person to produce records regarding any matter related to the condition and business of the licensee or authorized delegate.

(c) A licensee or authorized delegate of a licensee shall provide, and the commissioner shall have full and complete access to, all records the commissioner may reasonably require to conduct a complete examination or investigation. The records shall be provided at the location and in the format specified by the commissioner; provided that the commissioner may utilize multi-state record production standards and examination procedures when the standards will reasonably achieve the requirements of this section.

(d) Unless otherwise directed by the commissioner, a licensee shall pay all costs reasonably incurred in connection with an examination of the licensee's authorized delegate.

(e) To efficiently and effectively administer and enforce this chapter and to minimize regulatory burden, the commissioner may participate in the multi-state, networked supervisory processes established between states and coordinated through the Conference of State Bank Supervisors, Money Transmitter Regulator Association, and affiliates and successors for all licensees that hold licenses in this State and other states; provided that:

(1) As a participant in this multi-state supervision, the commissioner may:

(A) Cooperate, coordinate, and share information with other state and federal regulators;

(B) Enter into a written cooperation, coordination, or information-sharing contract or agreement with the organizations, the membership of which is made up of state or federal governmental agencies; and

(C) Cooperate, coordinate, and share information with organizations, the membership of which is made up of state or federal governmental agencies; provided further that the organizations agree in writing to maintain the confidentiality and security of the shared information;

(2) For the purposes of paragraph (1), the commissioner shall:

(A) Conduct a joint or concurrent examination or other investigation or enforcement action with the agency of another state or the federal government;

(B) Accept a report of examination or investigation by, or a report submitted to, the agency of another state or federal government, in which event the accepted report shall serve as an official report of the commissioner for all purposes; and

(C) Take other action as the commissioner considers reasonably necessary or appropriate to carry out and achieve the purposes of this chapter;

(3) The commissioner shall not waive, and nothing in this section shall constitute a waiver of, the commissioner's authority to conduct an examination or investigation or otherwise take independent action authorized by this chapter, or a rule adopted or order issued under this chapter, to enforce compliance with applicable state or federal law; and

(4) A joint examination or investigation, or acceptance of an examination or investigation report, shall not waive an examination assessment authorized by this chapter.

(f) The submission of any information to the commissioner by a person subject to this chapter or shared with the commissioner by another federal or state regulator of a person subject to this chapter, for any purpose in the course of any examination or investigation or otherwise, shall not be construed as waiving, destroying, or otherwise affecting any privilege the person may claim with respect to the information under federal or state law as to any person or entity other than the commissioner; provided that this subsection shall not be construed as implying or establishing that:

(1) Any person waives any privilege applicable to information that is submitted or transferred under circumstances to which this subsection does not apply; and

(2) Any person would waive any privilege applicable to any information by submitting the information to the commissioner but for this subsection.

(g) The commissioner shall charge an examination fee to each licensee and authorized delegate examined or investigated by the commissioner or the commissioner's staff, based upon the cost per hour per examiner. The hourly fee shall be $60.

(h) In addition to the examination fee, the commissioner shall charge any money transmitter or authorized delegate examined or investigated by the commissioner or the commissioner's staff, additional amounts for travel, per diem, mileage, and other reasonable expenses incurred in connection with the examination. [L 2006, c 153, pt of §1; am L 2008, c 195, §11; am L 2013, c 167, §12; am L 2021, c 108, §7]
Haw. Rev. Stat. § 480-7 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-7
Mergers, acquisitions, holdings, and divestitures.
Status: in_force

(a) No person shall acquire and hold, directly or indirectly, the whole or any part of the stock, interest, or membership of any other person, or the whole or any part of the assets of any other person, where the effect of the acquisition and holding may be substantially to lessen competition, or to tend to create a monopoly in any line of commerce in any section of the State; provided that this subsection shall not apply to any person acquiring and holding the stock, interest, or membership solely for investment and not using the same by voting or otherwise to bring about, or in attempting to bring about, the substantial lessening of competition or the creation of a monopoly in any line of commerce in any section of the State. Nor shall anything in this subsection prevent a person from causing the formation of a subsidiary business entity for the actual carrying on of its immediate lawful business, or the natural and legitimate branches or extensions thereof, or from owning and holding all or a part of the stock, interest, or membership of a subsidiary business entity, when the effect of the formation is not substantially to lessen competition.

As used in this subsection:

"Control" means:

(1) Owning or having the power to vote eighty per cent or more of any class of voting securities of the subsidiary;

(2) Having the power to elect, by any means, a majority of the directors; or

(3) Having the power to exercise a dominant influence over the management and policies of the subsidiary.

"Subsidiary" means any person that is under the control of a person.

(b) Notwithstanding any other provision in this chapter to the contrary, any person who may or shall be injured in the person's business or property because of anything prohibited under subsection (a) may bring an action for injunctive relief against the proposed merger or acquisition. In any action brought pursuant to this subsection, the court, as it deems just, may award to a prevailing party and enter as part of its order or judgment, a reasonable sum for costs and expenses incurred, including reasonable attorney's fees.

(c) Where the court finds that the holding of the whole or any part of the stock, interest, membership, or assets of any other person may be substantially to lessen competition or to tend to create a monopoly in any line of commerce in any section of the State, and is therefore not in the public interest, then the court may order the divestiture or other disposition of the stock, interest, membership, or assets of the person, and prescribe a reasonable time, manner, and degree of the divestiture or other disposition thereof; provided that the court shall not order the divestiture or other disposition of the assets of the person unless it is necessary to eliminate the lessening of competition or the tendency to create a monopoly. [L 1961, c 190, §5; Supp, §205A-5; HRS §480-7; am L 2005, c 108, §2]
Haw. Rev. Stat. § 486-137 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-137
Suspension and revocation of license.
Status: in_force

The board is authorized to suspend or revoke the license of any public measuremaster:

(1) When it is satisfied, after a hearing pursuant to chapter 91, that the licensee has violated any provision of this part or of any valid rule of the board affecting public measuremasters; or

(2) In accordance with section 831-3.1. [L 1991, c 153, pt of §7]
Haw. Rev. Stat. § 486H-17 — HI Code / Division 2 / Title 26 / Chapter 486H / Section 486H-17
Restricting supply of petroleum products.
Status: in_force

The attorney general shall immediately investigate any shortage or condition affecting the supply of any petroleum products or other matters relating to the requirements of this chapter and shall institute all appropriate criminal and civil actions and pursue all legal and equitable remedies that may be available to the State. The attorney general shall submit a report to the legislature regarding any shortage or condition affecting the supply of petroleum products.