Haw. Rev. Stat. § 451A-6 — HI Code / Division 2 / Title 25 / Chapter 451A / Section 451A-6
Examination.
Status: in_force

(a) Every applicant, except those who qualify for a license pursuant to section 451A-10, shall pass an examination to be eligible for licensure. The director shall provide by rules the scope of the examination and the passing score. The director may examine applicants or may contract with a professional testing agency to prepare, administer, and grade the examination.

(b) Every applicant shall pay an examination fee as provided in rules adopted by the director pursuant to chapter 91. Should the director contract with a professional testing agency to prepare, administer, and grade the examination, the examination fee may be paid directly to the testing agency by the examinee. [L 1969, c 205, pt of §1; am L 1991, c 29, §2; am L 1997, c 88, §5]
Haw. Rev. Stat. § 467B-3 — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B-3
Reciprocal agreements.
Status: in_force

The attorney general may enter into a reciprocal agreement with the appropriate authority of another state for the purpose of exchanging information with respect to charitable organizations, professional fundraising counsel, professional solicitors, and commercial co-venturers.
Haw. Rev. Stat. § 441-22.5 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-22.5
Mortuary, cemetery, or pre-need funeral authority; disclosure requirements.
Status: in_force

(a) No cemetery property, interment services, funeral services, and related commodities shall be sold unless the mortuary, cemetery, or pre-need funeral authority first satisfies the requirements stated in section 441-22.6.

(b) Every cemetery or pre-need funeral authority shall be required to provide to the purchaser of cemetery property, pre-need interment, or pre-need funeral services and related commodities a written contract which shall contain the following disclosures:

(1) The names and addresses of the cemetery or pre-need funeral authority, purchaser, and contract beneficiary, if the beneficiary is someone other than the purchaser;

(2) A clear and concise itemized statement of the property, including, for cemetery property, the location of the plot, crypt, or niche by its unique identifier, and any services and related commodities to be supplied or not supplied and by whom, particularly if the authority is not to be the provider under the terms of the contract;

(3) The purchase price of each item of property, services, and related commodities to be supplied, the total purchase price, and how the total purchase price is payable, including any credit terms, if applicable; provided that, pursuant to section 441-22.7, disclosure shall also be made that further additional charges or fees for perpetual care subsequent to the execution of the contract are prohibited for any purpose and on any occasion, except for reasonable fees related to the administrative costs of transferring ownership rights, including the cost of research, document and file preparation, photocopying, notary fees, records transfer and storage, and any other costs directly related to the transfer of ownership rights;

(4) Related costs covered under the contract;

(5) The basis on which funds are to be deposited in trust, including:

(A) The name and address of the trustee; provided that the disclosure shall not preclude the cemetery or pre-need funeral authority from changing the trustee named;

(B) The percentage of the contract price for trustable items to be placed in trust; provided that the percentage shall be no less than seventy per cent;

(C) The percentage of the contract price for trustable items that the cemetery or pre-need funeral authority will retain and not deposit into the trust; provided that the percentage shall not be more than thirty per cent; and

(D) Where a portion of the contract price relates to property, services, or related commodities that are not trustable items, a clear description of what those non-trustable items are;

(6) The refund, cancellation, and default provisions of the contract, including an explanation of the requirements of section 441-22.8, and a statement in twelve-point bold type in substantially the following form:

"YOU HAVE REFUND, CANCELLATION AND DEFAULT RIGHTS UNDER STATE LAW AND UNDER THE CONTRACT. PLEASE READ THE CONTRACT CAREFULLY FOR AN EXPLANATION OF THESE RIGHTS";

(7) The date and place of execution of the contract;

(8) The cemetery or pre-need funeral authority's or its duly authorized agent's signature on the contract and the identification of this person by name and title;

(9) A statement that the written contract, when signed, shall constitute the entire agreement between the parties relative to its subject matter and that all obligations of both parties shall be fixed and enforceable by the other parties of the contract; and

(10) A statement that the contract may not waive any rights of the consumer or duties of the cemetery or pre-need funeral authority under the law.

(c) No mortuary, cemetery, or pre-need funeral authority shall charge a price for the cemetery property, interment, or funeral services, whether it be at-need or pre-need, which is greater than the price on the itemized price list or contract which the purchaser had signed, unless the purchaser or the purchaser's authorized representative requests an additional item, the authority discloses the price for the additional item, and the purchaser or its authorized representative approves the price for the additional item. The mortuary, cemetery, or pre-need funeral authority may charge the higher price for the additional item but shall collect in payment only that sum which is the difference between the higher price and the price listed on the itemized price list or contract which the purchaser had previously signed. [L 1980, c 23, pt of §1; am L 1985, c 101, §7; am L 1998, c 232, §2; am L 2007, c 188, §5]
Haw. Rev. Stat. § 454M-9 — HI Code / Division 2 / Title 25 / Chapter 454M / Section 454M-9
Private right of action.
Status: in_force

Nothing in this chapter shall be construed to preclude any individual or entity that suffers loss as a result of a violation of this chapter from maintaining a civil action to recover damages and, as provided by statute, attorney's fees.
Haw. Rev. Stat. § 445 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445
‑112.
Status: in_force

[§445‑112.5] Vehicular advertising prohibited; penalty. (a) It is unlawful for any person to operate or park, or cause to be operated or parked, on any street, roadway, or other public place, or on any private property that can be seen from any street, roadway, or other public place, any vehicle or trailer carrying a vehicular advertising device for consideration or any other economic benefit if the vehicle or trailer is used primarily to display a vehicular advertising device. The phrase "for consideration or any other economic benefit" shall not include any benefit derived by the owner or operator of the vehicle or trailer from the effect of the advertising.

(b) Every day of continued violation of this section shall constitute a separate offense.

(c) Any person convicted of violating this section shall be fined:

(1) Not less than $200 or more than $1,000, for the first offense;

(2) Not less than $500 or more than $2,000 for the second offense; and

(3) Not less than $1,000 or more than $5,000 for the third and subsequent offense.

(d) As used in this section:

"Trailer" means a vehicle or conveyance with or without motive power designed to be pulled or propelled by a vehicle or other form of power.

"Vehicular advertising device" means any sign, writing, picture, poster, painting, notice, bill, model, display, symbol, emblem, or similar device, which is so designed that it draws the attention of persons in any public street, roadway, or other public place. [L 2006, c 222, §2]
Haw. Rev. Stat. § 461J-7 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-7
Examination waiver.
Status: in_force

The board may recommend licensing without written examination of an applicant who submits evidence satisfactory to the board that the applicant has scored equal to or higher than the established passing score of the examination administered by a testing agency selected by the board.
Haw. Rev. Stat. § 444-10.6 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-10.6
State of emergency or disaster; emergency licensure; penalties.
Status: in_force

(a) Notwithstanding any other provision of law to the contrary, the board may issue emergency contractor's licenses during a state of emergency or disaster duly declared by the governor under chapter 209 upon a determination by the board that a shortage of Hawaii licensed contractors exists.

(b) To qualify for an emergency contractor's license, an applicant shall:

(1) Provide proof of licensure as a contractor in another state with similar contractor licensing requirements as those in this State, that the license is current, and that it has been in good standing for the past two years;

(2) Provide proof of liability and property damage insurance, obtained through an insurer authorized to do business in this State or other insurer acceptable to the board;

(3) Submit proof of workers' compensation insurance as specified in the board's rules;

(4) Submit a current financial statement prepared by a certified public accountant and applicable credit reports as specified in the board's rules;

(5) Pay all applicable application and license fees, including recovery fund and education fund fees;

(6) Submit a state tax clearance statement; and

(7) Provide proof of bond in the amount and in such form as set forth in section 444-16.5.

(c) The classifications of emergency contractor's licenses issued and the duration of the emergency contractor's licenses shall be determined by the board based on the nature and duration of the state of emergency or disaster, and the needs and best interests of the public.

(d) The board may delegate the issuance of emergency contractor's licenses to its administrative staff; provided that the applicant shall be required to meet all of the requirements specified in this section before the issuance of the license.

(e) Any person who violates section 444-9, in connection with the offer or performance of repairs to a residential or nonresidential structure for damage caused by a natural disaster in a political subdivision for which a state of emergency or disaster is proclaimed by the governor, may be punished by a fine of up to $10,000, imprisonment up to one year, or both, in addition to all other remedies or penalties. [L 1996, c 172, pt of §2; am L 2007, c 81, §1]
Haw. Rev. Stat. § 467-18 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-18
Statute of limitation; recovery from fund.
Status: in_force

(a) No action for a judgment that subsequently results in an order for collection from the real estate recovery fund shall be started later than two years from the accrual of the cause of action thereon. When any aggrieved person commences action for a judgment that may result in collection from the real estate recovery fund, the aggrieved person shall notify the commission in writing to this effect at the time of the commencement of the action and shall submit prescribed documents. The commission may intervene in and defend any such action.

(b) When any aggrieved person recovers a valid judgment in any circuit or district court where the violation occurred against any real estate broker, or real estate salesperson, upon the grounds of fraud, misrepresentation, or deceit, which occurred on or after January 1, 1968, the aggrieved person may, upon the termination of all proceedings, including reviews and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, upon ten days written notice to the commission, may apply to the court for an order directing payment out of the real estate recovery fund, of the amount unpaid upon the judgment, subject to the limitations stated in this section. For any cause of action occurring prior to January 1, 1968, the aggrieved person must proceed against the existing bond covering the license which was in force prior to the establishment of the real estate recovery fund.

(c) The court shall proceed upon the application in a summary manner and, upon the hearing thereof, the aggrieved person shall be required to show:

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

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

(3) The person has obtained a judgment as set out in subsection (b) of this section, stating the amount thereof and the amount owing thereon at the date of the application;

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

(5) That by such search the person has discovered no personal or real property or other assets liable to be sold or applied, or that the person has discovered certain of them, describing them, owned by the judgment debtor and liable to be so applied, and that the person has taken all necessary action and proceedings for the realization thereof, and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized; and

(6) That where the real estate broker or real estate salesperson is a debtor in a bankruptcy proceeding, the aggrieved person has obtained an order from the bankruptcy court declaring the judgment against the real estate broker or real estate salesperson to be non-dischargeable.

(d) The court shall make an order directed to the commission requiring payment from the real estate recovery fund of whatever sum it finds to be payable upon the claim, pursuant to and in accordance with the limitations contained in this section, if the court is satisfied, upon the hearing, of the truth of all matters required to be shown by the aggrieved person by subsection (c) of this section and that the aggrieved person has fully pursued and exhausted all remedies available to the person for recovering the amount awarded by the judgment of the court.

(e) Should the commission pay from the real estate recovery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensed real estate broker or real estate salesperson, the license of the real estate broker or real estate salesperson shall be automatically terminated upon the issuance of a court order authorizing payment from the real estate recovery fund. No real estate broker or real estate salesperson shall be eligible to receive a new license until the expiration of at least five years from the effective date of the termination of the license and until the terminated real estate broker or real estate salesperson has repaid in full, plus interest at the rate provided for in section 478-3, the amount paid from the real estate recovery fund on the terminated real estate broker's or real estate salesperson's account.

(f) If, at any time, the money deposited in the real estate recovery fund is insufficient to satisfy any duly authorized claim or portion thereof, the commission, shall, when sufficient money has been deposited in the real estate recovery fund, satisfy such unpaid claims or portions thereof, in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate of six per cent a year. [L 1967, c 187, pt of §1; HRS §467-18; am L 1972, c 51, §1b; am L 1984, c 68, §1; gen ch 1985; am L 1987, c 283, §37; am L 1989, c 203, §3 and c 217, §2; am L 1994, c 100, §11; am L 1999, c 240, §8]
Haw. Rev. Stat. § 437B-12.1 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-12.1
[ §437B-12.
Status: in_force

[ §437B-12.1] Citation for licensee violations; fines. (a) In addition to any other remedy available under this chapter, the department may issue a citation to any person who holds a motor vehicle repair dealer or motor vehicle mechanic license for any of the following violations of this chapter or the rules adopted pursuant to this chapter and chapter 91:

(1) Failure of a motor vehicle repair dealer to conspicuously display the dealer's licensure certificate or certification certificate in the dealer's place of business;

(2) Failure of a motor vehicle repair dealer to conspicuously place a board-approved sign in all the dealer's motor vehicle repair locations; or

(3) Failure of a motor vehicle mechanic to carry or have readily available for inspection the pocket card provided to the motor vehicle mechanic by the department.

(b) Each citation:

(1) Shall be in writing and describe the basis of the citation, including the specific statute or rule violated;

(2) May contain an order of abatement and the assessment of a fine in the amount of $250 for each violation by a motor vehicle repair dealer and a fine in the amount of $100 for each violation by a motor vehicle mechanic;

(3) Shall be served on the licensee by personal service; and

(4) Shall inform the licensee that the licensee may submit a written request to the board or its designee for a hearing to contest the citation, within twenty calendar days from the service of the citation.

(c) If the licensee timely submits a written request to the board or its designee for a hearing, the board may designate a hearings officer to conduct the hearing in accordance with chapter 91.

(d) If the licensee does not timely submit a written request to the board or its designee for a hearing, the citation shall be deemed a final order of the board.

(e) Failure of a licensee to pay any assessed fine within thirty calendar days, unless the licensee contests the citation, may result in further disciplinary action taken by the board. [L 2018, c 23, §1]
Haw. Rev. Stat. § 440G-1 — HI Code / Division 2 / Title 25 / Chapter 440G / Section 440G-1
Short title.
Status: in_force

This chapter shall be known as the Hawaii Cable Communications Systems Law.
Haw. Rev. Stat. § 461-9.5 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-9.5
[ §461-9.
Status: in_force

[ §461-9.5] Registered pharmacy technicians; certificate of registration required. (a) Beginning January 1, 2026, no person shall act as a pharmacy technician without first obtaining a valid certificate of registration issued by the board pursuant to this section.

(b) Each certificate of registration shall be valid through December 31 of each odd-numbered year, upon which the registration shall lapse and a new registration shall be required.

(c) Beginning January 1, 2026, a pharmacy shall only employ registered pharmacy technicians to perform pharmacy technician duties. The pharmacist-in-charge shall verify that the person is a registered pharmacy technician and that the board has issued a certificate of registration for the pharmacy technician before the registered pharmacy technician performs any tasks identified in this chapter or rules adopted pursuant to this chapter. The supervising registered pharmacist shall be responsible for the actions of the registered pharmacy technician.

(d) The certificate of registration shall be prominently displayed in an area accessible to the public in the workplace where the registered pharmacy technician is employed or practices.

(e) If the registered pharmacy technician is suspected to have violated any law or rule regarding the practice of pharmacy, legend drugs, or controlled substances, or if there is evidence that a registered pharmacy technician may have violated any such law or rule, the pharmacist-in-charge shall notify the board, in writing, within ten days or immediately if any danger to the public health or safety exists. Any registered pharmacist, whether or not practicing in the same pharmacy, who has knowledge or suspicion of a registered pharmacy technician who is in violation of any law or rule regarding the practice of pharmacy, legend drugs, or controlled substances shall notify the board, in writing, within ten days or immediately if any danger to the public health or safety exists. [L 2025, c 93, §1]
Haw. Rev. Stat. § 437-19 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-19
§§437-19 and 437-20 REPEALED.
Status: repealed

§§437-19 and 437-20 REPEALED. L 1969, c 263, §1(9).
Haw. Rev. Stat. § 441-7 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-7
Constructive notice of dedication.
Status: in_force

The filed map or plat and the recorded certificate of dedication shall constitute constructive notice to all persons of the dedication of the property to cemetery purposes.
Haw. Rev. Stat. § 467-11.5 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-11.5
Prerequisites for license renewal.
Status: in_force

(a) Prior to the license renewal of a real estate broker or real estate salesperson, the licensee shall provide the commission with proof of having attended at least twenty hours of continuing education or its equivalent as determined by the commission during the two-year period preceding the application for renewal. Failure to satisfy the continuing education requirement by the license expiration date shall result in the renewed license being automatically placed on an "inactive" status.

(b) To reactivate a license which has been placed on an "inactive" status, the licensee shall submit to the commission proof of having satisfied the continuing education requirement of this section, a complete application setting forth the information as may be prescribed or required by the commission, and payment of the proper fee.

(c) No license shall be renewed if the license trade name, partnership, or corporation is not currently registered with the department of commerce and consumer affairs.

(d) Upon submission of a renewal application, an individual real estate licensee, who holds a current, unencumbered real estate license in another state, or who holds a current, unencumbered real estate license in a jurisdiction recognized by the Association of Real Estate License Law Officials, with an equivalent real estate licensing law as determined by the commission, may request a determination of equivalency for the elective course hours of the continuing education requirement. The equivalency shall be based on the successful completion of the continuing education requirements in the other state or jurisdiction prior to submission of the renewal application. Approval of the equivalency shall be subject to the real estate licensee completing the commission-designated core course, as determined by the commission. [L 1987, c 95, §§1, 3; am L 1989, c 217, §2; am L 1994, c 68, §1; am L 1995, c 241, §§5, 11; am L 1996, c 149, §1; am L 1997, c 289, §3; am L 1999, c 47, §3; am L 2002, c 129, §4; am L 2010, c 9, §2]
Haw. Rev. Stat. § 459-13 — HI Code / Division 2 / Title 25 / Chapter 459 / Section 459-13
Exceptions.
Status: in_force

Nothing in this chapter shall apply to duly licensed physicians authorized to practice medicine under the laws of the State, nor to the commissioned officers of the United States Army Medical Corps on duty in the State.
Haw. Rev. Stat. § 448H-10 — HI Code / Division 2 / Title 25 / Chapter 448H / Section 448H-10
Penalties.
Status: in_force

Any person who violates this chapter shall be fined not more than $500 for a first offense. For each subsequent offense the person shall be fined not more than $1,000, or imprisoned not more than one year, or both.
Haw. Rev. Stat. § 460J-24.5 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-24.5
Nonchemical pest control devices efficacy and safety data; examination and testing; approval prior to sale, lease, or transfer of devices in the State.
Status: in_force

(a) All manufacturers or their representatives intending to sell, lease, or provide through other means a nonchemical pest control device in the State shall submit efficacy and safety data prior to sale, lease, or transfer to the department of agriculture and biosecurity; provided such requirement for submission of efficacy and safety data may include the furnishing of specimen devices or samples. The department of agriculture and biosecurity or its designated representative shall conduct such examination and testing as may be necessary to ascertain the reliability, efficacy and safety data and actual or potential adverse effects upon human health and safety of such device. The costs of conducting such test shall be borne by the manufacturer or the manufacturer's representative. The department of agriculture and biosecurity shall adopt and enforce rules pursuant to chapter 91 to carry out this section.

(b) Any person including a wholesaler, retailer, or pest control operator who sells, leases, or provides through other means a device which has not been approved as provided in subsection (a) shall be subject to penalty as provided in section 460J-27. [L 1978, c 31, §2; am L 1993, c 74, §10; am L 2025, c 236, §17]
Haw. Rev. Stat. § 461J-2 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-2
Practice of physical therapy; qualifications.
Status: in_force

(a) No person shall practice physical therapy gratuitously or for pay, offer to practice physical therapy, offer physical therapy or physical therapy services, or represent, advertise, or announce, either publicly or privately, that the person is a physical therapist or physiotherapist, unless the person is appropriately licensed under this chapter.

(b) No person shall use, in connection with the person's name or business, the words "licensed physical therapist", "physical therapist", or "physiotherapist", or the letters "RPT", "LPT", "DPT", "PT", or any other words, letters, abbreviations, or insignia indicating or implying that the person is a physical therapist, unless the person is appropriately licensed as a physical therapist under this chapter.

(c) No person shall use the title "physical therapist assistant", the letters "PTA", or any other words, abbreviations, or insignia in connection with that person's name to indicate or imply, directly or indirectly, that the person is a physical therapist assistant unless that person is appropriately licensed as a physical therapist assistant under this chapter.

(d) No person shall practice as a physical therapist or as a physical therapist assistant, except as licensed pursuant to this chapter and under the administrative rules determined by the board in accordance with chapter 91. [L 1985, c 276, pt of §1; am L 2013, c 220, §3]
Haw. Rev. Stat. § 449-8.5 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-8.5
Denial of license.
Status: in_force

If the commissioner is not satisfied that an applicant meets all the criteria set forth for approval, the commissioner shall issue a written decision denying the applicant's application. An applicant who is denied approval may request a hearing before the commissioner in accordance with chapter 91. Any final decision of the commissioner denying a license may be appealed to the circuit court as provided in chapter 91.
Haw. Rev. Stat. § 436B-15 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-15
Fees and expenses.
Status: in_force

No applicant or licensee shall be granted a license pursuant to the licensing laws unless the appropriate fees have been paid. Unless otherwise provided by law, the director shall establish the amount for all fees and expenses by rules adopted pursuant to chapter 91. The fees to be established by the director may include but not be limited to an application fee, filing fee, license fee, renewal fee, examination fee, and other reasonable and necessary fees related to the department's administrative costs. Unless otherwise provided by law, the fees shall be deposited with the director to the credit of the compliance resolution fund established pursuant to section 26-9(o).
Haw. Rev. Stat. § 466-32 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-32
Establishment of peer review process; confidentiality.
Status: in_force

(a) There is established a peer review process to review the attest work of firms. The peer review process shall be for educational or remedial and not punitive purposes.

(b) The peer review process shall keep confidential the identity of any person or firm for whom attest work has been performed by the firm under review.

(c) Neither the proceedings nor the records of any peer review process shall be subject to discovery. No person involved in the peer review process shall be required to testify on that process; provided that statements made by any person in connection with the peer review process who is a party to an action or proceeding, the subject matter of which was reviewed in that process, shall be subject to discovery.

(d) This part shall not be construed to require any firm to become a member of any sponsoring organization. [L 2012, c 324, pt of §1]
Haw. Rev. Stat. § 451A-20 — HI Code / Division 2 / Title 25 / Chapter 451A / Section 451A-20
Remedies or penalties cumulative.
Status: in_force

Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State.
Haw. Rev. Stat. § 454F-15 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-15
Investigation and examination authority.
Status: in_force

(a) In addition to any other authority under this chapter, the commissioner shall have the authority to conduct investigations and examinations. The commissioner may access, receive, and use any books, accounts, records, files, documents, information, or evidence, including:

(1) Criminal, civil, and administrative history information, including nonconviction data under chapter 853;

(2) Personal history and experience information including independent credit reports obtained from a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act; and

(3) Any other documents, information, or evidence the commissioner deems relevant to the inquiry or investigation, regardless of the location, possession, control, or custody of the documents, information, or evidence.

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

(c) Each licensee or person subject to this chapter shall provide to the commissioner upon request, the books and records relating to the operations of the licensee or person subject to this chapter. The commissioner shall have access to the books and records and shall be permitted to interview the officers, principals, mortgage loan originators, employees, independent contractors, agents, and customers of the licensed mortgage loan originator, individual, or person subject to this chapter concerning their business.

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

(1) Accounting compilations;

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

(3) Other information deemed necessary to carry out the purposes of this section.

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

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

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

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

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

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

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

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

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

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

(j) Any person having reason to believe that this chapter or the rules adopted pursuant thereto have been violated, or that a license issued under this chapter should be suspended or revoked, may file a written complaint with the commissioner setting forth the details of the alleged violation or grounds for suspension or revocation. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §20; am L 2013, c 168, §15]
Haw. Rev. Stat. § 453-8.6 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-8.6
Discipline based on action taken by another state or federal agency; conditions; prohibition on practice.
Status: in_force

(a) Upon receipt of evidence of revocation, suspension, or other disciplinary action against a licensee by another state or federal agency, the board may issue an order imposing disciplinary action upon the licensee on the following conditions:

(1) The board shall serve the licensee with a proposed order imposing disciplinary action as required by chapter 91;

(2) The licensee shall have the right to request a hearing pursuant to chapter 91 to show cause why the action described in the proposed order should not be imposed;

(3) Any request for a hearing shall be made in writing and filed with the board within twenty days after mailing of the proposed order to the licensee; and

(4) If the licensee does not submit a written request for a hearing within twenty days after mailing of the proposed order, the board may issue a final order imposing the disciplinary action described in the proposed order;

provided that the board shall not issue an order imposing disciplinary action upon the licensee if the revocation, suspension, or other disciplinary action against a licensee by another state was based on the provision or assistance in receipt or provision of medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy, so long as the provision or assistance in receipt or provision of the services was in accordance with the laws of this State or would have been in accordance with the laws of this State if it occurred within this State.

(b) A certified copy of the disciplinary action by another state or federal agency shall constitute prima facie evidence of the disciplinary action.

(c) A licensee against whom the board has issued a proposed order under this section shall be prohibited from practicing in this State until the board issues a final order if:

(1) The licensee was the subject of disciplinary action by another state, except where the disciplinary action against the licensee by another state was based on the provision or assistance in receipt or provision of medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy, so long as the provision or assistance in receipt or provision of the services was in accordance with the laws of this State or would have been in accordance with the laws of this State if it occurred within this State; and

(2) The disciplinary action by another state prohibits the licensee from practicing in that state.

(d) In addition to the provisions of this section, the board may take any other action authorized by this chapter or chapter 436B.

(e) Notwithstanding any law to the contrary, any final order of discipline taken pursuant to this section shall be a matter of public record. [L 2016, c 38, §3; am L 2023, c 2, §8]
Haw. Rev. Stat. § 437-40 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-40
Information in applications, confidential; penalty for divulging.
Status: in_force

The applications for license and contracts required by section 437-7 shall not be deemed a part of the public records but shall be confidential information for use of the treasurer and the motor vehicle industry licensing board. Whoever, except in a report to the treasurer or the board or when called on to testify in any court or proceeding, divulges any information contained in the applications and acquired by the official or employee in the official's or employee's capacity as an official or employee of the county treasurer's office or of the board shall be fined not less than $50 nor more than $100.

Provided that the treasurer or the board may permit the inspection of any such applications by any other person upon being satisfied that the inspection is desired for some lawful and proper purpose. [L 1939, c 258, §23; RL 1945, §7383; am L 1951, c 90, pt of §1; RL 1955, §160-184; am L 1957, c 302, §1(25); am L 1963, c 193, §47; HRS §437-40; am L 1969, c 263, §1(20), (22); gen ch 1985]
Haw. Rev. Stat. § 457-9.5 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-9.5
Center for nursing fee.
Status: in_force

(a) Upon the issuance of a new license and at each license renewal period, each nurse shall pay an additional fee of $60, which shall be deposited in a separate account in the compliance resolution fund established pursuant to section 26-9(o).

[(b)] The director of commerce and consumer affairs shall disburse on a quarterly basis from the compliance resolution fund, established pursuant to section 26-9(o), to the credit of the center for nursing special fund all moneys deposited in the separate account established pursuant to [this section]. [L 2003, c 198, §§3, 6, 10; am L 2008, c 173, §2; am L 2012, c 53, §1; am L 2022, c 66, §2]

Revision Note
Haw. Rev. Stat. § 474-4 — HI Code / Division 2 / Title 25A / Chapter 474 / Section 474-4
Cooperation from state agencies.
Status: in_force

(a) The director may request and shall be entitled to receive from any state agency, such assistance, services, facilities, and data the director deems necessary to carry out the duties of the center.

(b) Each state agency with permit or license issuance functions covered under this chapter shall cooperate with the center by designating a staff person to coordinate the agency's efforts to provide information to the center on its permit or license process and, to the extent possible, by providing a prompt response to requests for expediting permit or license applications or for information.

(c) The director shall be entitled to obtain personnel on a loaned basis from those agencies that issue permits or licenses to businesses, including but not limited to the department of business, economic development, and tourism, department of taxation, and department of labor and industrial relations. The director may assign these loaned personnel to the center. [L 2005, c 62, pt of §2]
Haw. Rev. Stat. § 456-12 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-12
Protest, evidence of what.
Status: in_force

The protest of any foreign or inland bill of exchange, or promissory note or order, duly certified by any notary public, under the notary's hand and official seal, shall be legal evidence of the facts stated in the protest, as to the same, and also as to the notice given to the drawer or indorser in any court of law. [CC 1859, §1271; RL 1925, §3179; RL 1935, §5205; RL 1945, §7672; RL 1955, §168-12; HRS §456-12; gen ch 1985]
Haw. Rev. Stat. § 445-31 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-31
Bond.
Status: in_force

Every person, upon receiving an auction license, shall give a bond to the treasurer in the penal sum of $3,000, if the license is for the district of Honolulu, and in the penal sum of $500 for other districts, with good and sufficient surety or sureties to be approved by the treasurer, conditioned:

(1) That the person will faithfully and truly keep the records required by section 445-30;

(2) That the person will faithfully, promptly, and truly account to all persons for whom the person may sell property, and promptly pay to them all sums received by the person for sales of the same, after deducting therefrom the person's commissions and expenses;

(3) That the person will not sell goods, wares, merchandise, or other property, except at public auction;

(4) That the person will otherwise in all things conform to the laws relating to auctioneers. [L 1896, c 64, §28; RL 1925, §1979; RL 1935, §2426; RL 1945, §7028; RL 1955, §155-28; HRS §445-31; gen ch 1985]
Haw. Rev. Stat. § 467-9 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-9
License, registration, certificate, and applications.
Status: in_force

(a) Every applicant for issuance of a real estate license, registration, or certificate under this chapter shall file an application with the commission in a form and setting forth the information as may be prescribed or required by the commission, and shall furnish any additional information bearing upon the issuance of the license, registration, and certificate as it requires. In the case of a partnership or corporation, any general partner or officer thereof may sign the application on behalf of the applicant. The commission may prescribe deadlines for the submission of applications.

(b) Unless approved by the commission, no real estate broker's license shall be issued under or changed to any trade name, corporate name, or partnership name which contains the name, part of the name, initials, or nickname of:

(1) An unlicensed person;

(2) A real estate salesperson; or

(3) A real estate broker whose real estate license is not associated with or employed by the subject real estate broker applicant.

A real estate broker's license name includes any trade name approved by the commission.

(c) A real estate broker's license shall be placed on an inactive status unless the real estate broker immediately changes its name, trade name, corporate name, or partnership name that contains the name, part of the name, initials, or nickname of:

(1) A real estate licensee who is no longer associated with or employed by the subject real estate broker, except in the case of incapacitating disability or death of the real estate licensee where written authorization is obtained from the real estate licensee or legal representative of the licensee permitting use of the name; or

(2) A real estate licensee who is no longer a current active real estate licensee due to revocation, termination, forfeiture, surrender, or inactive status.

The changes shall comply with this chapter and the rules of the commission.

(d) Notwithstanding subsection (b), a real estate broker's license name may include the name of a franchise registered with the business registration division of the department of commerce and consumer affairs. [L 1933, c 140, §8; RL 1935, §7317; am L 1935, c 126, §1; RL 1945, §7738; RL 1955, §170-8; HRS §467-9; am L 1971, c 17, §1; am L 1973, c 131, §2; am L 1983, c 116, §2; am L 1984, c 263, §1; am L 1987, c 283, §35; am L 1989, c 217, §2; am L 1993, c 125, §1; am L 1994, c 100, §5; am L 1997, c 40, §20 and c 45, §1]
Haw. Rev. Stat. § 451A-10 — HI Code / Division 2 / Title 25 / Chapter 451A / Section 451A-10
License by endorsement.
Status: in_force

Whenever the director determines that another state or jurisdiction has a program with requirements equivalent to or higher than those in effect under this chapter to fit and sell hearing aids, the director may issue licenses by endorsement to applicants who hold current, unsuspended, and unrevoked certificates or licenses to fit and sell hearing aids in another state or jurisdiction. Applicants for licenses by endorsement shall not be required to pass an examination as provided in section 451A-2. The holder of a license by endorsement shall be subject to the same provisions applying to a licensee regarding registration, fees, and grounds for renewal, suspension, and revocation of a license.
Haw. Rev. Stat. § 448E-8 — HI Code / Division 2 / Title 25 / Chapter 448E / Section 448E-8
Fees; renewals.
Status: in_force

(a) Renewal fees shall be paid to the board before July 1.

(b) Plumbers shall renew the license every three years effective June 30, 2006 and shall pay all required fees. Prior to the June 30, 2009 renewal of the license, and prior to every license renewal thereafter, the applicant shall:

(1) Pay all required fees; and

(2) Meet the requirements prescribed in section 448E‑8.5.

(c) Electricians shall renew the license every three years effective with the July 1, 1996, renewal; provided that prior to the renewal of the license the applicant shall:

(1) Pay all required fees; and

(2) Meet the requirements prescribed in section 448E-8.5.

(d) Failure, neglect, or refusal of any licensee to pay the renewal fee or meet the requirements of section 448E-8.5 before the renewal date shall constitute a forfeiture of the license. Any license so forfeited may be restored upon written application within one year from the date of forfeiture, upon payment of the required renewal fee plus penalty fees and upon meeting the requirements in section 448E-8.5. [L 1971, c 183, pt of §1; am L 1975, c 118, §13; am L 1992, c 202, §81; am L 1994, c 215, §4; am L 2004, c 127, §1]
Haw. Rev. Stat. § 455-6 — HI Code / Division 2 / Title 25 / Chapter 455 / Section 455-6
Powers and authority of the board.
Status: in_force

In addition to any other powers and duties authorized by law, the board may:

(1) Adopt and use a seal to be affixed to all official acts of the board;

(2) Adopt, amend, or repeal rules in accordance with chapter 91 to carry out the purposes of this chapter; provided that all rules shall be approved by the governor and the director of commerce and consumer affairs; and provided further that the rules:

(A) May forbid acts or practices deemed by the board to be detrimental to the accomplishment of the purpose of this chapter;

(B) Shall establish standards of practice, care, and ethics; and

(C) Shall establish the education and training requirements for parenteral therapy and the standards to administer parenteral therapy, and establish examination standards and require the passage of an examination on minor office procedures, which standards and requirements shall take effect after December 31, 2009;

(3) Develop standards for licensure;

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

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

(6) Maintain a record of its proceedings;

(7) Annually establish and publish a naturopathic formulary that has been approved by the board for prescription, administration, or dispensing by naturopathic physicians; and

(8) Do all things necessary to carry out the functions, powers, and duties set forth in this chapter. [L 1949, c 214, §2; RL 1955, §66-6; am L Sp 1959 2d, c 1, §19; HRS §455-6; am L 1969, c 106, §2; am L 1974, c 205, §2(16); am L 1978, c 162, §2; am L 1986, c 76, §10; am L 1987, c 281, §2(4); am L 1992, c 202, §104; am L Sp 2009, c 22, §7]
Haw. Rev. Stat. § 463-10.5 — HI Code / Division 2 / Title 25 / Chapter 463 / Section 463-10.5
Guards; registration, instruction, training, testing, and continuing education required; renewal of registration.
Status: in_force

[Repeal of section on July 1, 2016, by L 2010, c 208, §8 deleted by L 2014, c 94, §3 .] (a) All guards, and all agents, operatives, and assistants employed by a guard agency, private business entity, or government agency who act in a guard capacity shall apply to register with the board, and meet the following registration, instruction, and training requirements prior to acting as a guard:

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

(2) Possess a high school education or its equivalent; provided that the applicant may satisfy the requirements of this paragraph by attesting that the applicant possesses a high school education or its equivalent;

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

(4) Not have been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the individual to act as a guard, unless the conviction has been annulled or expunged by court order; provided that the individual shall submit to a national criminal history record check as authorized by federal law, including but not limited to the Private Security Officer Employment Authorization Act of 2004, and specified in the rules of the board, and a criminal history record check from the Hawaii criminal justice data center under chapter 846.

The board shall determine whether an individual qualifies for registration pursuant to this subsection.

(b) All classroom instruction required under this section shall be provided by an instructor who is approved by the board and who may be an employee, manager, or owner of a guard agency in this State if the course of study meets board-approved curricula. Course curricula shall meet the specific standards of this section and all other applicable requirements of this chapter, and shall be established by the board.

(c) Guards and individuals acting in a guard capacity shall successfully complete the classroom instruction specified by this section, pass a written test, and undergo four hours of on-the-job training supervised by an individual who has successfully completed all of the requirements of this section or who has otherwise been approved by the board for on-the-job training. Guards and individuals acting in a guard capacity shall successfully complete:

(1) Eight hours of classroom instruction before the first day of service; and

(2) Four hours of classroom instruction during the triennial registration renewal period; provided that in addition to relevant guard industry material, the required classroom instruction shall include a refresher component on professional image and aloha training as approved by the board.

For purposes of this section, "classroom instruction" may include two-way teleconferencing and other interactive educational formats approved by the board.

(d) The content of classroom instruction required under this section shall include, but not be limited to:

(1) State and federal law regarding the legal limitations on the actions of guards, including instruction in the law concerning arrest, search and seizure, and the use of force as these issues relate to guard work;

(2) Access control, safety, fire detection and reporting, and emergency response;

(3) Homeland security issues and procedures;

(4) When and how to notify public authorities;

(5) Techniques of observation and reporting of incidents, including how to prepare an incident report;

(6) The fundamentals of patrolling;

(7) Professional ethics; and

(8) Professional image and aloha training.

(e) Before beginning employment as a guard or in a guard capacity, in addition to the classroom instruction required by this section, guards and individuals acting in a guard capacity who carry a firearm or other weapon, including but not limited to an electric gun as defined in section 134-81, while on-duty in a guard capacity shall possess a valid permit to acquire the ownership of a firearm issued by county police pursuant to section 134-2 and shall satisfy the requirements of section 134-2(g).

(f) The board may adopt rules pursuant to chapter 91 that mandate additional training, instruction, testing, and continuing education for guards and agents, operatives, and assistants employed in a guard capacity.

(g) Effective June 30, 2018, registrations issued under this section shall be valid for the three-year triennial period, and may be renewed upon payment of the triennial renewal fee and compliance resolution fund fee to the board on or before June 30 of each triennial renewal term. Prior to the June 30, 2021, triennial renewal of the guard registration and every registration renewal thereafter, the applicant shall pay all required fees, and have had at least four hours of continuing education as specified in this section and in the rules of the board. A guard who has registered with the board within one year prior to the applicable renewal date shall not be required to take the four hours of classroom instruction to renew the guard registration.

The board may conduct a random audit, pursuant to rules adopted pursuant to chapter 91, of registrants applying for renewal of a registration to determine whether the continuing education requirements of this subsection have been met.

The failure, neglect, or refusal of any registered guard to pay the renewal fee or meet the continuing education requirements shall constitute a forfeiture of the guard's registration. A forfeited registration may be restored upon written application within one year from the date of forfeiture, payment of the required renewal fee plus penalty fees, and meeting the continuing education requirements in effect at the time of restoration. [L 2010, c 208, §1; am L 2014, c 94, §2; am L 2017, c 160, §2; am L 2021, c 183, §7]
Haw. Rev. Stat. § 449-17 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-17
Revocation and suspension of licenses.
Status: in_force

The commissioner may revoke any license issued hereunder, or suspend the right of the licensee to use the license, for any of the following causes:

(1) Making any misrepresentation concerning any escrow transaction;

(2) Making any false promises concerning any escrow transaction of a character likely to mislead another;

(3) Pursuing a continued and flagrant course of misrepresentation, or making of false promises, through advertising or otherwise;

(4) Without first having obtained the written consent so to do of both parties involved in any escrow transaction, acting for both parties in connection with such transaction, or collecting or attempting to collect commissions or other compensation for its services from both of the parties;

(5) Failing, within a reasonable time, to account for any moneys belonging to others which may be in the possession or under the control of the licensee;

(6) Any other conduct constituting fraudulent or dishonest dealings;

(7) Violating any of the provisions of this chapter or the rules promulgated pursuant thereto;

(8) Splitting fees with or otherwise compensating others not licensed hereunder for referring business;

(9) Commingling the moneys or other property of others with its own;

(10) Engaging in an unsafe or unsound practice that is likely to cause insolvency or substantial dissipation of assets or earnings of the licensee;

(11) Failing to maintain books and records that are sufficiently complete and accurate so as to permit the commissioner to determine the financial condition of the licensee; and

(12) Ceasing, for a period of six consecutive months or more, to engage in the business for which its license was granted.

No license shall be suspended for longer than five years and no corporation whose license has been revoked shall be eligible to apply for a new license until the expiration of five years. [L 1967, c 144, pt of §1; HRS §449-17; am L 1985, c 269, §50; am L 1998, c 69, §1]
Haw. Rev. Stat. § 445-132 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-132
Fee.
Status: in_force

The treasurer may grant licenses for the period of one year, to suitable persons, to carry on the business of pawnbroking upon payment of the sum of $100.
Haw. Rev. Stat. § 453-2 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-2
License required; exceptions.
Status: in_force

(a) Except as otherwise provided by law, no person shall practice medicine or surgery in the State, either gratuitously or for pay, or offer to practice medicine or surgery in the State, or advertise or announce one's self, either publicly or privately, as prepared or qualified to practice medicine or surgery in the State, or append the letters "Dr.", "M.D.", or "D.O." to one's name with the intent to imply that the person is a practitioner of medicine or surgery, without having a valid unrevoked license or a limited and temporary license obtained from the Hawaii medical board.

(b) Nothing herein shall:

(1) Apply to so-called Christian Scientists; provided that the Christian Scientists practice the religious tenets of their church without pretending a knowledge of medicine or surgery;

(2) Prohibit service in the case of emergency or the domestic administration of family remedies;

(3) Apply to any commissioned medical officer in the United States armed forces or public health service engaged in the discharge of one's official duty, including a commissioned medical officer employed by the United States Department of Defense, while providing direct telehealth support or services to neighbor island beneficiaries within a Hawaii National Guard armory on the island of Kauai, Hawaii, Molokai, or Maui; provided that the commissioned medical officer employed by the United States Department of Defense is credentialed by Tripler Army Medical Center;

(4) Apply to any practitioner of medicine and surgery from another state when in actual consultation, including in-person, mail, electronic, telephonic, fiber-optic, or other telehealth consultation with a licensed physician or osteopathic physician of this State, if the physician or osteopathic physician from another state at the time of consultation is licensed to practice in the state in which the physician or osteopathic physician resides; provided that:

(A) The physician or osteopathic physician from another state shall not open an office, or appoint a place to meet patients in this State, or receive calls within the limits of the State for the provision of care for a patient who is located in this State;

(B) The licensed physician or osteopathic physician of this State retains control and remains responsible for the provision of care for the patient who is located in this State; and

(C) The laws and rules relating to contagious diseases are not violated;

(5) Prohibit services rendered by any person licensed under part II of this chapter to provide emergency medical services, or any physician assistant, when the services are rendered under the direction and control of a physician or osteopathic physician licensed in this State except for final refraction resulting in a prescription for spectacles, contact lenses, or visual training as performed by an oculist or optometrist duly licensed by the State. The direction and control shall not be construed in every case to require the personal presence of the supervising and controlling physician or osteopathic physician. Any physician or osteopathic physician who employs or directs a person licensed under part II of this chapter to provide emergency medical services, or a physician assistant, shall retain full professional and personal responsibility for any act that constitutes the practice of medicine when performed by the licensed person or physician assistant;

(6) Prohibit automated external defibrillation by:

(A) Any first responder personnel certified by the department of health to provide automated external defibrillation when it is rendered under the medical oversight of a physician or osteopathic physician licensed in this State; or

(B) Any person acting in accordance with section 663-1.5(e); or

(7) Prohibit a radiologist duly licensed to practice medicine and provide radiology services in another state from using telehealth while located in this State to provide radiology services to a patient who is located in the state in which the radiologist is licensed. For the purposes of this paragraph:

"Distant site" means the location of the radiologist delivering services through telehealth at the time the services are provided.

"Originating site" means the location where the patient is located, whether accompanied or not by a health care provider, at the time services are provided by a radiologist through telehealth, including but not limited to a radiologist's or health care provider's office, hospital, health care facility, a patient's home, and other non-medical environments such as school-based health centers, university-based health centers, or the work location of a patient.

"Radiologist" means a doctor of medicine or a doctor of osteopathy certified in radiology by the American Board of Radiology or the American Board of Osteopathy.

"Telehealth" means the use of telecommunications, as that term is defined in section 269-1, to encompass four modalities: store and forward technologies, remote monitoring, live consultation, and mobile health; and which shall include but not be limited to real-time video conferencing-based communication, secure interactive and non-interactive web-based communication, and secure asynchronous information exchange, to transmit patient medical information, including diagnostic-quality digital images and laboratory results for medical interpretation and diagnosis, for the purpose of delivering enhanced health care services and information while a patient is at an originating site and the radiologist is at a distant site. Standard telephone contacts, facsimile transmissions, or e-mail texts, in combination or by themselves, do not constitute a telehealth service for the purposes of this paragraph.

(c) Nothing in this chapter shall prohibit healing practices by traditional Hawaiian healers engaged in traditional Native Hawaiian healing practices, both as recognized and certified as such by any kupuna council convened by Papa Ola Lokahi. No person or organization involved with the selection of kupuna council members, the convening of a kupuna council, or the certification process of healers under this subsection shall be sued or held liable for any cause of action that may arise out of their participation in the selection, convening, or certification process. Nothing in this chapter shall limit, alter, or otherwise adversely affect any rights of practice of traditional Native Hawaiian healing pursuant to the Constitution of the State of Hawaii. [L 1896, c 60, §1; am L 1905, c 48, §1; am L 1909, c 124, §1; am L 1919, c 22, §1; am L 1920, c 37, §2; am L 1921, c 14; RL 1925, §1022; am L 1925, c 26, §1; RL 1935, §1200; am L 1939, c 183, §1; RL 1945, §2501; RL 1955, §64-2; am L 1959, c 271, §1; am L Sp 1959 2d, c 1, §19; HRS §453-2; am L 1969, c 257, §1; am L 1973, c 111, §1; am L 1976, c 219, §6; am L 1977, c 167, §12; am L 1978, c 148, §2(2); am L 1982, c 112, §4; am L 1983, c 92, pt of §1(1); am L 1984, c 168, §7; am L 1985, c 68, §14; am L 1987, c 147, §1; am L 1988, c 110, §1; am L 1993, c 163, §1; am L 1997, c 364, §3; am L 1998, c 160, §1 and c 162, §§3, 6; am L 2000, c 209, §1(2); am L 2001, c 304, §§1, 3; am L 2005, c 153, §1; am L 2007, c 91, §1 and c 255, §1; am L 2008, c 5, §3 and c 9, §3; am L 2013, c 189, §2; am L 2014, c 159, §8; am L 2016, c 226, §10; am L 2021, c 119, §4]
Haw. Rev. Stat. § 446E-5 — HI Code / Division 2 / Title 25 / Chapter 446E / Section 446E-5
Prohibited practices.
Status: in_force

(a) No unaccredited institution shall indicate or suggest that the State licenses, approves, or regulates its operations. Acceptance by the director of any documents from an unaccredited institution shall not be construed as evidence that the director has determined the adequacy of any filing.

(b) Any institution that is not accredited by the American Bar Association shall not issue a juris doctor degree (J.D.), a master of laws degree (LL.M.), or any equivalent or comparable degree.

(c) Any institution that is not accredited by the Liaison Committee on Medical Education shall not issue a doctor of medicine degree (M.D.), or any equivalent or comparable degree.

(d) No unaccredited institution shall issue degrees unless the institution has an office located in Hawaii, at least one employee who resides in Hawaii, and at least twenty-five enrolled students in Hawaii, in each academic year of its operation for the purpose of performing course requirements that are part of the students' educational curriculum.

(e) No unaccredited institution that operates in or from the State or has a presence in this State shall accept or receive any tuition payment or other fee from or on behalf of a student unless the institution complies with all of the requirements of this chapter.

(f) No unaccredited institution shall disclose in any catalog, promotional material or written contract for instruction that it has applied for future accreditation. [L 1990, c 226, pt of §1; am L 1999, c 171, §6]
Haw. Rev. Stat. § 440E-20 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-20
Sham mixed martial arts contest; penalty against contestant.
Status: in_force

The license of any mixed martial arts contestant who knowingly participates in any sham or false mixed martial arts contest shall be automatically suspended and the mixed martial arts contestant shall be suspended from further participation in any contest held or given under this chapter for not less than twelve months from the date of the offense and may be permanently disqualified from further participation in any contest held or given under this chapter.
Haw. Rev. Stat. § 440G-6 — HI Code / Division 2 / Title 25 / Chapter 440G / Section 440G-6
Application or proposal for cable franchise; fee; certain requirements.
Status: in_force

(a) No cable franchise shall be issued except upon written application or proposal therefor to the director, accompanied by a fee of $1,000.

(b) An application for issuance of a cable franchise shall be made in a form prescribed by the director. The application shall set forth the facts as required by the director to determine in accordance with section 440G-8(b) whether a cable franchise should be issued, including facts as to:

(1) The citizenship and character of the applicant;

(2) The financial, technical, and other qualifications of the applicant;

(3) The principals and ultimate beneficial owners of the applicant;

(4) The public interest to be served by the requested issuance of a cable franchise; and

(5) Any other matters deemed appropriate and necessary by the director including the proposed plans and schedule of expenditures for or in support of the use of public, educational, and governmental access facilities.

(c) A proposal for issuance of a cable franchise shall be accepted for filing in accordance with section 440G-7 only when made in response to the written request of the director for the submission of proposals. [L 1970, c 112, pt of §1; gen ch 1985; am L 1987, c 301, §6]
Haw. Rev. Stat. § 453D-11 — HI Code / Division 2 / Title 25 / Chapter 453D / Section 453D-11
Renewal of license; fees.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] Licenses shall be renewed, upon the payment of a renewal fee, triennially not earlier than ninety days before June 30, with the first renewal deadline occurring on June 30, 2008. Failure to renew a license shall result in a forfeiture of the license. Licenses that have been forfeited may be restored within one year of the expiration date upon payment of renewal and restoration fees. Failure to restore a forfeited license within one year of the date of its expiration shall result in the automatic termination of the license and the person may be required to reapply for licensure as a new applicant. All renewal and restoration fees shall be determined by the department.

§453D-11 Renewal of license; fees. [Section effective July 1, 2026. For section effective until June 30, 2026, see above.] Except as otherwise provided in section 453D-7.5, licenses shall be renewed, upon the payment of a renewal fee, triennially not earlier than ninety days before June 30, with the first renewal deadline occurring on June 30, 2008. Failure to renew a license shall result in a forfeiture of the license. Licenses that have been forfeited may be restored within one year of the expiration date upon payment of renewal and restoration fees. Failure to restore a forfeited license within one year of the date of its expiration shall result in the automatic termination of the license and the person may be required to reapply for licensure as a new applicant. All renewal and restoration fees shall be determined by the department. [L 2004, c 209, pt of §2; am L 2008, c 206, §1; am L 2024, c 93, §17]
Haw. Rev. Stat. § 437B-24 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-24
Certification required for mechanics prior to [licensure].
Status: in_force

(a) Except as provided in subsection (b) below, every mechanic applying for [licensure] shall have passed the appropriate certification test provided for in this chapter.

(b) Notwithstanding any provision of this chapter, any person who has been engaged as a motor vehicle mechanic for a period of at least two years prior to January 1, 1976, and who has applied for [licensure] as a motor vehicle mechanic under this chapter on or before June 30, 1976, shall not be required to take the certification test prescribed in this chapter prior to [licensure]. [L 1975, c 143, pt of §2; am L 1998, c 199, §8]
Haw. Rev. Stat. § 454M-5.5 — HI Code / Division 2 / Title 25 / Chapter 454M / Section 454M-5.5
Residential mortgage loan delinquencies and loss mitigation efforts.
Status: in_force

[§454M-5.5]Residential mortgage loan delinquencies and loss mitigation efforts. (a) Mortgage servicers shall make reasonable and good faith efforts consistent with this chapter to engage in appropriate loss mitigation options, including loan modifications, to assist borrowers to avoid foreclosure. Mortgage servicers shall provide timely and appropriate responses to borrower inquiries and complaints regarding available loss mitigation options and ensure that borrowers are not required to submit multiple copies of required documents during consideration for any loss mitigation option. In the event of a delinquency or other act of default on the part of the borrower, or whenever a borrower who is at imminent risk of default contacts the mortgage servicer with respect to a loan modification or other loss mitigation option, the mortgage servicer shall:

(1) Inform the borrower of the facts concerning the loan, the nature and extent of the delinquency or default, the mortgage servicer's loss mitigation option protocols, and the loss mitigation options and services offered by the mortgage servicer in accordance with this chapter; and

(2) Pursue loss mitigation options with the borrower, including a loan modification whenever possible, in accordance with this chapter, and, if the borrower replies, negotiate with the borrower, subject to the mortgage servicer's lawful duties and obligations under the mortgage servicing contract, if any, to attempt a resolution or workout of the delinquency or to prevent the borrower's default.

(b) Mortgage servicers shall consider a loan modification as an alternative to foreclosure when:

(1) The borrower demonstrates that the borrower has experienced a financial hardship and is either unable to maintain the payment at the current amount required under the mortgage loan or is unable to make up the delinquent payments; and

(2) The net present value of the income stream expected of the modified loan is greater than the net present value of the income stream that is expected to be recovered through the disposition of the property through a foreclosure sale.

(c) Mortgage servicers that are participating in the Home Affordable Modification Program shall offer loan modifications in compliance with the Home Affordable Modification Program guidance and directives, including using reasonable efforts to remove prohibitions or impediments to the mortgage servicer's authority, and obtain third party consents and waivers that are required by contract or law to effectuate a loan modification under the Home Affordable Modification Program.

(d) Unless a longer time is permitted under the guidance or directives implementing the Home Affordable Modification Program, within ten business days of receiving a request from a borrower or the borrower's authorized representative for one or more loss mitigation options, the mortgage servicer shall transmit a written acknowledgment of the request to the borrower and, if applicable, to the authorized representative. The acknowledgment shall identify with specificity any information needed from the borrower for the mortgage servicer to review the borrower's loss mitigation option request. The acknowledgment shall also include an explanation of the loss mitigation option process, including the following, as appropriate:

(1) The information that the borrower may be asked to provide and third party approvals that may be required for the mortgage servicer to evaluate and complete the request for a loan modification or other loss mitigation option;

(2) The average length of time for a decision to be made regarding a loan modification or other loss mitigation option; and

(3) A notification of the actions the mortgage servicer, lender, or owner of the mortgage may take during the loss mitigation option process, such as whether the borrower may continue to receive collection letters or foreclosure notices, whether the foreclosure process will continue, or whether and to what extent collection and foreclosure will be stayed.

(e) Within thirty days of receiving all required documentation from the borrower and third parties, unless a shorter time is required under applicable state or federal rules or regulations pertaining to mortgage servicing or under guidance or directives implementing the Home Affordable Modification Program, a mortgage servicer shall complete its evaluation of the borrower's eligibility for a loan modification or any other loss mitigation option requested by the borrower and advise the borrower, and if applicable, the borrower's authorized representative, in writing of the mortgage servicer's determination.

If the mortgage servicer approves the borrower for a loan modification, including a trial loan modification, or other loss mitigation option, the written notice shall provide the borrower with clear and understandable written information explaining the material terms, costs, and risks of the loss mitigation option offered.

If the mortgage servicer determines that the borrower cannot be approved for a loan modification or other requested loss mitigation option, the written notice shall state with specificity:

(1) The reasons for the determination;

(2) Procedures, deadlines, and contact information for a person at the mortgage servicer for reconsideration, dispute, or appeal of the determination; and

(3) Any other loss mitigation option for which the borrower may be considered.

In addition, the written notice shall include the following statement, in boldface type and in print no smaller than the largest print used elsewhere in the main body of the written notice: "If you believe your loss mitigation option request has been wrongly denied, you may file a complaint with the state division of financial institutions at [insert current division telephone number] or [insert current division website address for consumer complaints]".

(f) A mortgage servicer shall take reasonable steps to ensure that the mortgage servicer's staff is aware of programs designed to assist borrowers to avoid foreclosure or resolve delinquency. The mortgage servicer shall make available to borrowers who are at least sixty days delinquent or who the mortgage servicer has reason to believe are experiencing a financial hardship and are in imminent risk of default, a list of government approved not-for-profit housing counselors in the borrower's geographic area, as listed on the website of the United States Department of Housing and Urban Development.

(g) A mortgage servicer shall maintain and make available to borrowers and borrowers' authorized representatives current contact information to communicate and negotiate with the mortgage servicer's designated loss mitigation option staff who are authorized to discuss and negotiate loss mitigation options. The contact information shall include all toll-free telephone numbers for direct communication with a loss mitigation option staff person, fax numbers for receipt of documents, and electronic mail addresses.

(h) The mortgage servicer shall establish and maintain a process through which borrowers may bring disagreements to a supervisory level where a separate review of the borrower's eligibility or qualification for a loss mitigation option can be performed. A mortgage servicer shall not require a borrower to waive legal claims and defenses as a condition of a loan modification, forbearance, or repayment plan.

(i) Delay caused by the mortgage servicer shall not be counted in calculating the passage of time where a Home Affordable Modification Program, proprietary, or other loan modification program specifies:

(1) A time limit for a borrower action or response, including appealing or disputing a denial of a request for a loss mitigation option under subsection (e), or providing documents;

(2) A time after which a document is considered stale or too old to use; or

(3) A time during which a mortgage servicer is barred from taking certain action adverse to the borrower, including taking steps toward foreclosure or referring the borrower's account to foreclosure.

Examples of delay caused by the mortgage servicer include the mortgage servicer's failure to timely send a communication or request to the borrower, duplicative or piecemeal document requests delaying completion of a file, and failure to identify additional documents needed to complete a borrower's loan modification application. The mortgage servicer shall reasonably extend the applicable period and promptly inform the borrower in writing of the specific extension period.

(j) Nothing in this section shall be construed to prevent a mortgage servicer from offering or accepting alternative loss mitigation options, including other modification programs offered by the mortgage servicer, a short sale, a deed-in-lieu of foreclosure, or forbearance, if the borrower requests such an alternative, is not eligible for or does not qualify for a loan modification under the Home Affordable Modification Program, or rejects the mortgage servicer's loss mitigation option proposal.

(k) A mortgage servicer shall avoid taking steps to foreclose or to refer a borrower to foreclosure if the borrower has requested and is being considered for a loss mitigation option or if the borrower is in a trial or permanent loan modification and is not more than thirty days in default under the loan modification agreement.

(l) A mortgage servicer shall ensure that the mortgage servicer and the mortgage servicer's attorneys and agents comply with the requirements of chapter 667.

(m) A mortgage servicer shall establish and maintain a system for servicing delinquent loans. [L 2015, c 62, §1]
Haw. Rev. Stat. § 437-37.5 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-37.5
Cumulative penalties.
Status: in_force

Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State.
Haw. Rev. Stat. § 437D-12 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-12
Deposit or advance charge prohibited; payment for damages to rental motor vehicle.
Status: in_force

No lessor shall require a deposit or an advance charge against the credit card of a lessee, in any form, for damages to a vehicle which is in the lessee's possession, custody, or control. No lessor shall require any payment for damages to the rental vehicle, upon the lessee's return of the vehicle in a damaged condition, until after the cost of the damage to the vehicle and liability therefor is agreed to between the lessor and lessee or is determined pursuant to law.
Haw. Rev. Stat. § 444-5 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-5
Other assistants.
Status: in_force

Subject to chapter 76 the department may employ and remove such administrative and clerical assistants as the contractors license board may require.
Haw. Rev. Stat. § 467B-9 — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B-9
Prohibited acts.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below. L 2025, c 108, §§10, 13. ] (a) No person, for the purpose of soliciting contributions from persons in the State, shall use the name of any other person except that of an officer, director, or trustee of the charitable organization by or for which contributions are solicited, without the written consent of the other persons.

A person shall be deemed to have used the name of another person for the purpose of soliciting contributions if the latter person's name is listed on any stationery, advertisement, brochure, or correspondence in or by which a contribution is solicited by or on behalf of a charitable organization or the latter person's name is listed or referred to in connection with a request for a contribution as one who has contributed to, sponsored, or endorsed the charitable organization or its activities.

(b) No charitable organization, professional solicitor, professional fundraising counsel, or commercial co-venturer soliciting contributions shall use a name, symbol, or statement so closely related or similar to that used by another charitable organization or governmental agency that the use thereof would tend to confuse or mislead the public.

(c) No person, in connection with any solicitation or sale, shall misrepresent or mislead anyone by any manner, means, practice, or device whatsoever, to believe that the solicitation or sale is being conducted on behalf of a charitable organization or that the proceeds of the solicitation or sale will be used for charitable purposes, if that is not the fact.

(d) No professional solicitor, and no agent, employee, independent contractor, or other person acting on behalf of the professional solicitor, shall solicit in the name of or on behalf of any charitable organization unless:

(1) The professional solicitor has obtained the written authorization of two officers of the organization, which authorization shall bear the signature of the professional solicitor and the officers of the charitable organization and shall expressly state on its face the period for which it is valid, which shall not exceed one year from the date of issuance, and has filed a copy of the written authorization with the attorney general prior to the solicitation; and

(2) The professional solicitor and any person who, for compensation, acts as an agent, employee, independent contractor, or otherwise on behalf of the professional solicitor carries a copy of the authorization while conducting solicitations, and exhibits it on request to persons solicited or police officers or agents of the department.

(e) No charitable organization, professional fundraising counsel, professional solicitor, or commercial co-venturer subject to this chapter shall use or exploit the fact of filing any statement, report, professional fundraising counsel contracts, written consents, or professional solicitor contracts or other documents or information required to be filed under this chapter or with the department so as to lead the public to believe that the filing in any manner constitutes an endorsement or approval by the State of the purposes or goals for the solicitation by the charitable organization, professional fundraising counsel, professional solicitor, or commercial co-venturer; provided that the use of the following statement shall not be deemed a prohibited exploitation: "Information regarding this organization has been filed with the State of Hawaii department of the attorney general. Filing does not imply endorsement or approval of the organization or the public solicitation for contributions."

(f) No person, while soliciting, shall impede or obstruct, with the intent to physically inconvenience the general public or any member thereof in any public place or in any place open to the public.

(g) No person shall submit for filing on behalf of any charitable organization, professional fundraising counsel, professional solicitor, or commercial co-venturer, any statement, financial statement, report, attachment, or other information to be filed with the department that contains information, statements, or omissions that are false or misleading.

(h) No person shall solicit contributions from persons in the State or otherwise operate in the State as a charitable organization, an exempt charitable organization, professional fundraising counsel, professional solicitor, or commercial co-venturer unless the person has filed the information required by this chapter with the department in a timely manner.

(i) No person shall aid, abet, or otherwise permit any persons to solicit contributions from persons in the State unless the person soliciting contributions has complied with the requirements of this chapter.

(j) No person shall fail to file the information and registration statement, annual or financial reports, and other statements required by this chapter or fail to provide any information demanded by the attorney general pursuant to this chapter in a timely manner.

(k) No person shall employ in any solicitation or collection of contributions for a charitable organization, any device, scheme, or artifice to defraud or obtain money or property by means of any false, deceptive, or misleading pretense, representation, or promise.

(l) No person, in the course of any solicitation, shall represent that funds collected will be used for a particular charitable purpose, or particular charitable purposes, if the funds solicited are not used for the represented purposes.

(m) No person shall receive compensation from a charitable organization for obtaining moneys or bequests for that charitable organization if that person has also received compensation for advising the donor to make the donation; provided that compensation may be received if the person obtains the written consent of the donor to receive compensation from the charitable organization.

(n) No person shall act as a professional solicitor if the person, any officer, any person with a controlling interest therein, or any person the professional solicitor employs, engages, or procures to solicit for compensation, has been convicted by any federal or state court of any felony, or of any misdemeanor involving dishonesty or arising from the conduct of a solicitation for a charitable organization or purpose.

(o) No charitable organization shall use the services of an unregistered professional solicitor or professional fundraising counsel. [L 1969, c 167, pt of §1; am L 1978, c 182, §3; am L 1982, c 204, §8; gen ch 1985; am L 1993, c 206, §8; am L 1994, c 35, §1; am L 1995, c 50, §1; am L 2004, c 93, §8; am L 2008, c 174, §7; am L 2013, c 61, §8]

§467B-9 Prohibited acts. [Section effective July 1, 2026. For section effective until June 30, 2026, see above. L 2025, c 108, §§10, 13. ] (a) No person, for the purpose of soliciting contributions from persons in the State, shall use the name of any other person except that of an officer, director, or trustee of the charitable organization by or for which contributions are solicited, without the written consent of the other persons.

A person shall be deemed to have used the name of another person for the purpose of soliciting contributions if the latter person's name is listed on any stationery, advertisement, brochure, or correspondence in or by which a contribution is solicited by or on behalf of a charitable organization or the latter person's name is listed or referred to in connection with a request for a contribution as one who has contributed to, sponsored, or endorsed the charitable organization or its activities.

(b) No charitable organization, professional solicitor, professional fundraising counsel, commercial co-venturer, charitable fundraising platform, or platform charity soliciting contributions shall use a name, symbol, or statement so closely related or similar to that used by another charitable organization or governmental agency that the use thereof would tend to confuse or mislead the public.

(c) No person, in connection with any solicitation or sale, shall misrepresent or mislead anyone by any manner, means, practice, or device whatsoever, to believe that the solicitation or sale is being conducted on behalf of a charitable organization or that the proceeds of the solicitation or sale will be used for charitable purposes, if that is not the fact.

(d) No professional solicitor, charitable fundraising platform, or platform charity, and no agent, employee, independent contractor, or other person acting on behalf of the professional solicitor, charitable fundraising platform, or platform charity, shall solicit in the name of or on behalf of any charitable organization unless the charitable fundraising platform or platform charity has obtained written consent pursuant to section 467B-2.3(e) or:

(1) The professional solicitor has obtained the written authorization of two officers of the organization, which authorization shall bear the signature of the professional solicitor and the officers of the charitable organization and shall expressly state on its face the period for which it is valid, which shall not exceed one year from the date of issuance, and has filed a copy of the written authorization with the attorney general before the solicitation; and

(2) The professional solicitor and any person who, for compensation, acts as an agent, employee, independent contractor, or otherwise on behalf of the professional solicitor, carries a copy of the authorization while conducting solicitations, and exhibits it on request to persons solicited or police officers or agents of the department.

(e) No charitable organization, professional fundraising counsel, professional solicitor, commercial co-venturer, charitable fundraising platform, or platform charity subject to this chapter shall use or exploit the fact of filing any statement, report, professional fundraising counsel contracts, written consents, professional solicitor contracts, charitable fundraising platform contracts, or platform charity contracts and written consents, or other documents or information required to be filed under this chapter or with the department so as to lead the public to believe that the filing in any manner constitutes an endorsement or approval by the State of the purposes or goals for the solicitation by the charitable organization, professional fundraising counsel, professional solicitor, commercial co-venturer, charitable fundraising platform, or platform charity; provided that the use of the following statement shall not be deemed a prohibited exploitation: "Information regarding this organization has been filed with the State of Hawaii department of the attorney general. Filing does not imply endorsement or approval of the organization or the public solicitation for contributions."

(f) No person, while soliciting, shall impede or obstruct, with the intent to physically inconvenience the general public or any member thereof in any public place or in any place open to the public.

(g) No person shall submit for filing on behalf of any charitable organization, professional fundraising counsel, professional solicitor, commercial co-venturer, charitable fundraising platform, or platform charity, any statement, financial statement, report, attachment, or other information to be filed with the department that contains information, statements, or omissions that are false or misleading.

(h) No person shall solicit contributions from persons in the State or otherwise operate in the State as a charitable organization, an exempt charitable organization, professional fundraising counsel, professional solicitor, commercial co-venturer, charitable fundraising platform, or platform charity unless the person has filed the information required by this chapter with the department in a timely manner.

(i) No person shall aid, abet, or otherwise permit any persons to solicit contributions from persons in the State unless the person soliciting contributions has complied with the requirements of this chapter.

(j) No person shall fail to file the information and registration statement, annual or financial reports, and other statements required by this chapter or fail to provide any information demanded by the attorney general pursuant to this chapter in a timely manner.

(k) No person shall employ in any solicitation or collection of contributions for a charitable organization, any device, scheme, or artifice to defraud or obtain money or property by means of any false, deceptive, or misleading pretense, representation, or promise.

(l) No person, in the course of any solicitation, shall represent that funds collected will be used for a particular charitable purpose, or particular charitable purposes, if the funds solicited are not used for the represented purposes.

(m) No person shall receive compensation from a charitable organization for obtaining moneys or bequests for that charitable organization if that person has also received compensation for advising the donor to make the donation; provided that compensation may be received if the person obtains the written consent of the donor to receive compensation from the charitable organization.

(n) No person shall act as a professional solicitor, charitable fundraising platform, or platform charity if the person, any officer, any person with a controlling interest therein, or any person the professional solicitor, charitable fundraising platform, or platform charity employs, engages, or procures to solicit for compensation, has been convicted by any federal or state court of any felony, or of any misdemeanor involving dishonesty or arising from the conduct of a solicitation for a charitable organization or purpose.

(o) No charitable organization shall use the services of an unregistered professional solicitor, professional fundraising counsel, charitable fundraising platform, or platform charity. [L 1969, c 167, pt of §1; am L 1978, c 182, §3; am L 1982, c 204, §8; gen ch 1985; am L 1993, c 206, §8; am L 1994, c 35, §1; am L 1995, c 50, §1; am L 2004, c 93, §8; am L 2008, c 174, §7; am L 2013, c 61, §8; am L 2024, c 205, §8; am L 2025, c 108, §7]
Haw. Rev. Stat. § 453-52 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-52
[ §453-52] Expedited partner therapy.
Status: in_force

[ §453-52] Expedited partner therapy. (a) A health professional may, in addition to treating a patient, provide expedited partner therapy to the partners of the patient if all of the following requirements are met:

(1) The patient has a laboratory-confirmed or suspected clinical diagnosis of a sexually transmitted disease;

(2) The patient indicates that the patient has partners with whom the patient has engaged in sexual activity within the sixty-day period immediately preceding the diagnosis of a sexually transmitted disease; and

(3) The patient indicates that the patient's partners are unable or unlikely to seek clinical services in a timely manner.

(b) A health professional who provides expedited partner therapy as authorized in this section shall do all of the following:

(1) Dispense or prescribe antibiotic therapy in the name of the partners, if known, without the physical examination of the partners by the health professional. Notwithstanding any law to the contrary, if the name of the partners are not known, the health professional shall dispense or prescribe the antibiotic therapy in the name of "Expedited Partner Therapy";

(2) Convey to the patient that it is important to notify the patient's partners of the patient's diagnosis and that it is important for the partners to obtain medical care for a complete evaluation, testing for sexually transmitted diseases, counseling, and treatment;

(3) Distribute to the patient the information sheet developed pursuant to section 453-53; and

(4) Follow all Centers for Disease Control and Prevention guidelines related to the practices and recommendations for expedited partner therapy. [L 2013, c 250, pt of §2]
Haw. Rev. Stat. § 461J-9 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-9
Temporary license.
Status: in_force

The board shall establish rules for issuing temporary licenses to applicants for permanent licenses either under section 461J-6 or 461J-7. The rules adopted by the board shall include provisions concerning the length of time for which temporary licenses are valid, the renewal of such licenses, and the need for supervision by a physical therapist holding a permanent license.
Haw. Rev. Stat. § 444-11.1 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-11.1
Requirements to maintain license.
Status: in_force

(a) A licensed contractor shall have and maintain in full force and effect the following:

(1) Workers' compensation insurance; unless the licensee is authorized to act as a self-insurer under chapter 386 or is excluded from the requirements of chapter 386;

(2) Liability insurance from an insurance company or agency for comprehensive personal injury and property damage liability; and

(3) Bond when required by the board, under section 444-16.5.

(b) Failure, refusal, or neglect of any licensed contractor to maintain in full force and effect, the applicable workers' compensation insurance, liability insurance, or bond shall cause the automatic forfeiture of the license of the contractor effective as of the date of expiration or cancellation of the contractor's workers' compensation insurance, liability insurance, or bond.

(c) The board shall not restore the forfeited license until satisfactory proof of continuous insurance and bond coverages is submitted to the board as required by this section.

(d) Failure to restore a license within sixty days after the date of forfeiture shall result in the forfeiture of all fees and shall require the person to apply as a new applicant.

(e) The board may assess a fee not to exceed $1,000, impose a bond, or restrict the license as a condition for the restoration of a license forfeited pursuant to this section.

(f) A licensee may, within sixty days after receipt of the notification of the forfeiture, request an administrative hearing to review the forfeiture pursuant to chapter 91. [L 1982, c 175, §1; am L 1995, c 20, §3]
Haw. Rev. Stat. § 467B-2.3 — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B-2.3
Charitable fundraising platforms.
Status: in_force

[Section effective July 1, 2026. L 2025, c 108, §§10, 13. ] (a) Before soliciting, permitting, or otherwise enabling any solicitations for purported charitable purposes, a charitable fundraising platform shall register with the department on a form or in a manner as provided by the department. The registration statement shall contain the information set forth in subsection (b). The registration under this section shall be accompanied by a fee in the amount of $250, or in the amount and with any additional sums as may be prescribed by the attorney general. Renewal registration statements shall be filed with the department on or before July 1 of each calendar year by each charitable fundraising platform. The renewal statement shall contain the information set forth in subsection (b). A renewal fee of $250, or in any amount and with any additional sums as may be prescribed by the attorney general, shall accompany the renewal statement. If a renewal registration required under this subsection is not filed, unless it is shown that the failure is due to reasonable cause, a fine of $20 shall be imposed for each day during which the violation continues; provided that the total amount imposed under this subsection shall not exceed $1,000.

(b) Each registration and renewal registration report shall:

(1) Enable the department to ascertain whether charitable funds have been properly solicited, received, held, controlled, or distributed;

(2) Provide information on the number of donations made, amount raised, length of time for distributing donations or grants of recommended donations, fees charged by or through a charitable fundraising platform or platform charity, and names of recipient charitable organizations or other charitable organizations that were sent or have not yet been sent donations or grants of recommended donations; and

(3) Protect from disclosure any personally identifiable information of donors or other users of the charitable fundraising platform.

(c) A charitable fundraising platform shall only solicit, permit, or otherwise enable solicitations, or receive, control, or distribute funds from donations for purported charitable purposes for recipient charitable organizations or other charitable organizations in good standing. To determine good standing of a recipient charitable organization or other charitable organization, a charitable fundraising platform may rely on the department's registry.

(d) With respect to purported charitable purposes, a charitable fundraising platform that performs, permits, or otherwise enables solicitation activities shall, before a person can complete a donation or select or change a recipient charitable organization, provide conspicuous disclosures that reduce the likelihood of deception, confusion, or misunderstanding, including:

(1) A statement that donations are made to the charitable fundraising platform, platform charity, recipient charitable organization, or person engaging in peer-to-peer charitable fundraising, whichever is applicable;

(2) A statement that a recipient charitable organization may not receive donations or grants, with an explanation identifying the most pertinent reasons that a recipient charitable organization may not receive the funds; provided that the explanation of the most pertinent reasons that a recipient charitable organization may not receive the funds may be provided through a conspicuous hyperlink, so long as the disclosure is conspicuous when the hyperlink is selected; provided further that this paragraph shall not apply when there are no circumstances under which a recipient charitable organization may not receive the funds;

(3) The maximum length of time it will take to send the donation or a grant of the recommended donation to a recipient charitable organization with an explanation of the time needed, unless the donation is sent contemporaneously to a recipient charitable organization after the donation is made; provided that the explanation as to the maximum length of time may be provided through a conspicuous hyperlink, so long as the disclosure is conspicuous when the hyperlink is selected;

(4) The fees or any other amounts that will be deducted from or added to the donation or a grant of the recommended donation and that are charged or retained by the charitable fundraising platform, or any other partnering vendor, other than any applicable digital payment processing fees; and

(5) A statement as to the tax deductibility of the donation.

(e) Each charitable fundraising platform that solicits, permits, or otherwise enables solicitations shall obtain the written consent of a recipient charitable organization before using the recipient charitable organization's name in a solicitation for a purported charitable purpose. Written consent shall be provided directly to the charitable fundraising platform, or may be provided to a charitable fundraising platform by one authorized officer, director, trustee, or other duly authorized representative of the recipient charitable organization and may apply to multiple affiliated charitable fundraising platforms expressly identified in the agreement providing consent.

(f) After a donor contributes donations and with respect to purported charitable purposes, the charitable fundraising platform shall promptly provide a tax donation receipt to the donor in a manner provided by section 170(f)(8) of the Internal Revenue Code of 1986, as amended.

(g) The charitable fundraising platform shall not divert or otherwise misuse any donations made for purported charitable purposes that the charitable fundraising platform receives through solicitation on the charitable fundraising platform, and shall hold the donations in a separate account or accounts from other funds belonging to the charitable fundraising platform. The charitable fundraising platform shall promptly ensure that donations and grants of recommended donations are sent to the recipient charitable organizations with an accounting of any fees assessed for processing the funds, and in accordance with any rules adopted by the department pursuant to chapter 91. A platform charity shall be liable for its misuse of funds. A charitable fundraising platform shall maintain and operate a process for complaints about any fundraising activity regulated by this chapter and shall investigate and make findings on complaints, and, at the request of the department, shall report its findings to the department along with its actions for resolution, including any full refunds of contributions.

(h) If a charitable fundraising platform enters into any contract with a vendor to solicit, receive, control, process, distribute, and otherwise account for donations on the charitable fundraising platform, the contract shall be available for inspection by the department.

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

(j) As used in this section, "good standing" means that a platform charity, recipient charitable organization, or other charitable organization is not prohibited from soliciting or operating in the State by the department. [L 2024, c 205, §1; am L 2025, c 108, §5]
Haw. Rev. Stat. § 455-8.4 — HI Code / Division 2 / Title 25 / Chapter 455 / Section 455-8.4
[ §455-8.
Status: in_force

[ §455-8.4] Public health emergency; temporary and limited license for licensed out-of-state naturopathic physicians. (a) If a public health emergency or disaster condition is declared by the governor, the board shall allow naturopathic physicians licensed in another state to provide temporary and limited naturopathic medicine in Hawaii under special provisions during the period of the declared public health emergency or disaster condition, subject to limitations and conditions as the governor and the board may prescribe.

(b) A limited and temporary license issued pursuant to this section shall be valid only for the period of the declared public health emergency or disaster condition.

(c) Out-of-state naturopathic physicians shall submit to the board the following information:

(1) Verification of a valid, permanent, current, and unrestricted license to practice naturopathic medicine in another state which is not the subject of a pending investigation by a state medical board, or another state or federal agency; and

(2) A valid United States passport or state-issued driver's license for photo identification. [L Sp 2009, c 22, pt of §1]
Haw. Rev. Stat. § 451A-8.5 — HI Code / Division 2 / Title 25 / Chapter 451A / Section 451A-8.5
REPEALED.
Status: in_force

L 1992, c 202, §207.
Haw. Rev. Stat. § 437B-22 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-22
Failure to comply with chapter; misdemeanor.
Status: in_force

Any person who fails to comply with the provisions of this chapter is guilty of a misdemeanor.
Haw. Rev. Stat. § 444-10.5 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-10.5
Citation for unlicensed activity.
Status: in_force

(a) In addition to any other remedy available, the investigator may issue citations to persons acting in the capacity of or engaging in the business of a contractor within the State, without having a license previously obtained under and in compliance with this chapter and the rules promulgated thereunder. If the investigator determines that a person is acting in the capacity of, or engaging in the business of, a contractor within this State without having a license to so act or engage, the investigator may issue a citation to such person.

(b) Each citation shall be in writing and shall describe the basis of the citation, including the specific statutory provisions alleged to have been violated, and shall contain an order to cease and desist from the violation, and an assessment of civil penalties as provided in section 444-23. The citation shall also include notice of the sanctions for violating the cease and desist order. All penalties collected under this section shall be deposited in the special fund established under section 26-9.

(c) Service of a citation issued under this section shall be made by personal service whenever possible, or by certified mail, restricted delivery, sent to the last known business or residence address of the person cited.

(d) Any person served with a citation under this section may submit a written request to the director for a hearing, within twenty days from the receipt of the citation, with respect to the violations alleged, the scope of the order to cease and desist, and the amount of the civil penalties assessed.

(e) If the person cited under this section timely notifies the director of the request for a hearing, the director shall afford an opportunity for a hearing under chapter 91. The hearing shall be conducted by the director or the director may designate a hearings officer to hold the hearing. The director or any hearings officer designated by the director shall have the power to issue subpoenas, administer oaths, hear testimony, find facts, and make conclusions of law and issue a final order.

(f) If the person cited under this section does not submit a written request to the director for a hearing within twenty days from the receipt of the citation, the citation shall be deemed a final order of the director.

(g) The director may apply to the appropriate court for a judgment to enforce the provisions of any final order issued by the director or designated hearings officer pursuant to this section, including the provisions to cease and desist and for civil penalties imposed. In any proceeding to enforce the provisions of the final order of the director or designated hearings officer, the director need only show that notice was given, a hearing was held or the time granted for requesting a hearing has run without such a request, and a certified copy of the final order of the director or designated hearings officer.

(h) If any party is aggrieved by the decision of the director or the designated hearings officer, the party may appeal in the manner provided in chapter 91 to the circuit court of the circuit in which the party resides or has the party's principal place of business or in which the action in question occurred; provided that the operation of a cease and desist order shall not be stayed on appeal unless specifically ordered by a court of competent jurisdiction after applying the stay criteria enumerated in section 91-14(c).

(i) The sanctions and disposition authorized under this section shall be separate from and in addition to all other remedies either civil or criminal provided in any other applicable statutory provision. The director may adopt rules under chapter 91 as may be necessary to fully effectuate this section.

(j) The director may apply to the appropriate court for injunctive or any other relief the court deems appropriate, including a fine of not less than $10,000 for each offense, against any person who violates a cease and desist order. Each day's violation or failure to comply with a cease and desist order shall be deemed a separate offense. The allegations in the citation shall be deemed conclusively established for purposes of a proceeding for permanent or temporary relief to enforce the cease and desist order. [L 1984, c 98, §2; gen ch 1985; am L 2005, c 230, §1]
Haw. Rev. Stat. § 468L-4 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-4
Statement required to be furnished to consumer.
Status: in_force

A travel agency shall not receive money or other valuable consideration in payment for travel services, unless at the time of receipt of money or other valuable consideration, the travel agency furnishes to the consumer making the payment a written statement conspicuously setting forth the following information:

(1) The name, business address, and telephone number of the travel agency;

(2) The amount paid, the date of such payment, the purpose of the payment made, and an itemized statement of the balance due, if any;

(3) The name and address of the financial institution that maintains the travel agency trust account, and the name of the trust account;

(4) The name of the entity with which the travel agency has arranged travel services and pertinent information such as, but not limited to, the types of accommodation, dates and times of services, and all restrictions, limitations, conditions, and fee assessments that pertain to the person's right to cancel, obtain a refund, change itinerary, or make a claim for lost tickets; and

(5) The cancellation provisions of the contract between the travel agency and the consumer, and the rights and obligations of the parties in the event of such cancellation. [L 1991, c 285, pt of §1; am L 1992, c 157, §2]
Haw. Rev. Stat. § 461J-12.5 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-12.5
Inactive status.
Status: in_force

(a) A licensee may apply in writing to have the licensee's license placed on inactive status. While on inactive status, the licensee shall not engage in the practice of physical therapy.

(b) A license on inactive status shall be renewed during the same time period as active licenses. While on inactive status, the licensee shall not be required to comply with the continuing competence requirements in this chapter.

(c) To reactivate a license on inactive status, the licensee shall:

(1) Pay the renewal and any applicable fees; and

(2) Have obtained continuing competence units equivalent to that required for a single renewal period of an active license within the last two years prior to applying to restore the license to active status.

(d) The inactive status of any licensee shall not deprive the board of its authority to institute or continue any disciplinary or enforcement action against the licensee. [L 2013, c 35, pt of §1]
Haw. Rev. Stat. § 459-5 — HI Code / Division 2 / Title 25 / Chapter 459 / Section 459-5
Records.
Status: in_force

The department of commerce and consumer affairs on behalf of the Hawaii board of optometry shall preserve a record of all applications for examination. The record shall also show whether applicants were rejected or licensed, and, if rejected, the reasons therefor.
Haw. Rev. Stat. § 448D-2 — HI Code / Division 2 / Title 25 / Chapter 448D / Section 448D-2
Registration required.
Status: in_force

All dental service organizations offering prepaid dental insurance shall file with the director of commerce and consumer affairs an application for registration on a form prescribed by the director, and provide copies to the department of commerce and consumer affairs of all materials given to subscribers.
Haw. Rev. Stat. § 436E-5 — HI Code / Division 2 / Title 25 / Chapter 436E / Section 436E-5
Qualifications for examination.
Status: in_force

(a) No person shall be licensed to practice acupuncture unless the person has passed an examination and has been found to have the necessary qualifications as prescribed in the rules adopted by the board pursuant to chapter 91.

(b) Prior to September 1, 2000, and except as provided in subsection (c), before any applicant shall be eligible for the examination, the applicant shall furnish satisfactory proof to the board that the applicant has received a total of not less than one thousand five hundred hours of education and training consisting of:

(1) A formal program in the science of acupuncture (traditional oriental medicine) at an institute or school approved by the board that:

(A) Shall be for a period of not less than two academic years (not less than six hundred hours); and

(B) Shall result in the award of a certificate or diploma; and

(2) One clinical year in a clinical internship program (not less than twelve months and not less than nine hundred hours) supervised by a licensed acupuncturist; provided that the nine hundred hours of the clinical internship program may be obtained from the institute or school awarding the certificate or diploma or may be obtained under the supervision of a licensed acupuncturist not affiliated with an institute or school.

(c) Students who started training prior to December 31, 1984, in a school approved by the board prior to December 31, 1984, and who complete their training by December 31, 1989, and who file an application with the board before September 1, 2000 shall:

(1) Not lose their rights of continued education, and earned or accumulated credits; and

(2) For the purposes of this chapter, meet requirements for examination and licensure as provided in chapter 436D and rules adopted by the board as they existed on December 31, 1984; provided that the school has not altered its program so as to lower the standards for completion of the program. These students may qualify for examination if they submit evidence of having completed:

(A) At least eighteen months (not less than five hundred seventy-six hours) of academic training; and

(B) At least six months (not less than four hundred eighty hours) of clinical training in the practice of acupuncture on human subjects under the supervision of a licensed acupuncturist.

(d) Notwithstanding subsections (b) and (c), effective September 1, 2000, before any applicant shall be eligible to take the licensing examination, the applicant shall furnish satisfactory proof to the board that the applicant has completed a formal acupuncture program and has received a total of at least two thousand, one hundred seventy-five hours of academic and clinical training consisting of an academic program of at least one thousand, five hundred fifteen hours in the science of acupuncture (traditional oriental medicine) and a clinical training program of at least six hundred sixty hours under the supervision of a licensed acupuncturist, which shall result in the award of a certificate or diploma. For applicants who graduated from an institute, school, or college located in the United States or any territory under the jurisdiction of the United States, the institute, school, or college shall be accredited or recognized as a candidate for accreditation by any acupuncture or oriental medicine accrediting body recognized by the United States Department of Education. For applicants who graduated from a foreign institute, school, or college with a formal program in the science of acupuncture, the applicant, at the applicant's own expense, shall have the applicant's transcripts and curriculum evaluated by a board approved and designated professional evaluator who shall make a determination whether the transcripts and curriculum are at least equivalent to that of the United States accredited acupuncture program, and that the foreign institute is licensed, approved, or accredited by the appropriate governmental authority or an agency recognized by a governmental authority in the respective foreign jurisdiction and whose curriculum is approved by the board. [L 1985, c 214, pt of §1; am L 1993, c 194, §1; am L 1997, c 226, §1; am L 2008, c 21, §1]
Haw. Rev. Stat. § 437D-13 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-13
Notice and posting required concerning motor vehicle laws.
Status: in_force

Every lessor shall display at all times a sign or signs in a conspicuous place in the main rental area of all rental locations, written in plain language and in no less than ten-point type, that informs the lessee of:

(1) Hawaii's seat belt and child passenger restraint laws and the prohibition against operating a vehicle under the influence of an intoxicant and leaving a child unattended in a motor vehicle; and

(2) The existence and location of additional information concerning the laws relating to seat belts, child passenger restraints, operating a vehicle under the influence of an intoxicant, and leaving a child unattended in a motor vehicle. [L 1988, c 251, pt of §2; am L 1990, c 154, §1; am L 2001, c 157, §33; am L 2008, c 170, §4; am L 2009, c 148, §11]
Haw. Rev. Stat. § 468M-2.5 — HI Code / Division 2 / Title 25 / Chapter 468M / Section 468M-2.5
Activity desk principal; responsibilities.
Status: in_force

(a) Each activity desk shall designate a principal who shall have direct management and supervision of the activity desk, including but not limited to compliance with sections 468M-9 and 468M-10.

(b) The activity desk shall designate the activity desk principal with each registration and registration renewal and shall provide notification in writing to the department within ten days after any change in the designation of the activity desk principal.

(c) The activity desk shall disclose the name and contact information of the activity desk principal to a client trust account beneficiary upon request.

(d) For purposes of this section, "principal" means a corporate officer or director, a partner in a partnership, a sole proprietor, or an individual with an ownership interest in the activity desk who shall be a signatory of any client trust account of the activity desk. [L 2015, c 61, §1]
Haw. Rev. Stat. § 466D-11 — HI Code / Division 2 / Title 25 / Chapter 466D / Section 466D-11
Grounds for refusal to renew, reinstate, or restore a license and for revocation, suspension, denial, or condition of a license.
Status: in_force

(a) In addition to any other acts or conditions provided by law, the director may refuse to renew, reinstate, or restore and may deny, revoke, suspend, or condition in any manner any license for any one or more of the following acts or conditions on the part of a licensee or license applicant:

(1) Failure to meet or to maintain the conditions and requirements necessary to qualify for the granting of a license;

(2) Engaging in false, fraudulent, or deceptive advertising, or making untruthful or improbable statements in advertising;

(3) Engaging in the practice of respiratory care while impaired by alcohol, drugs, physical disability, or mental instability;

(4) Procuring a license to practice respiratory care through fraud, misrepresentation, or deceit;

(5) Aiding and abetting an unlicensed person to directly or indirectly perform activities requiring a license to practice respiratory care;

(6) Engaging in professional misconduct, incompetence, gross negligence, or manifest incapacity in the practice of respiratory care;

(7) Engaging in conduct or a practice contrary to recognized standards of ethics for the practice of respiratory care;

(8) Violating any condition or limitation imposed on a license to practice respiratory care by the director;

(9) Engaging in the practice of respiratory care in a manner that causes injury to one or more members of the public;

(10) Failing to comply with, observe, or adhere to any law in a manner that causes the director to determine that the applicant or holder is unfit to hold a license;

(11) Having a license revoked or suspended or other disciplinary action by any state or federal agency for any reason that is provided by the applicable licensing laws or by this section;

(12) Having been convicted or pleaded nolo contendere to a crime directly related to the qualifications, functions, or duties of the practice of respiratory care;

(13) Failing to report in writing to the director any disciplinary decision issued against the licensee or applicant in another jurisdiction within thirty days of the disciplinary decision;

(14) Employing, whether gratuitously or for pay, any person not licensed pursuant to this chapter to perform the functions or duties of the practice of respiratory care; or

(15) Violating this chapter, chapter 436B, or any rule or order of the director.

(b) Any licensee or applicant who violates this section may also be fined not more than $1,000 per violation, as established by the director by rule. [L 2010, c 178, pt of §2]
Haw. Rev. Stat. § 468L-7 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-7
Consumer's rights.
Status: in_force

(a) Any travel agency registered under this chapter shall have the following obligations to any consumer who purchases travel services from the travel agency:

(1) The consumer shall have the right to be informed by the travel agency, prior to the purchase of any travel services from the travel agency, of any limitations, conditions, events, circumstances, or any other business or commercial factors that may affect the availability of the travel services and the ability of the consumer to obtain a refund of moneys paid for the travel services;

(2) The consumer shall have the right to rely on any promises, guarantees, representations, or information provided by the travel agency, regarding travel services, including but not limited to, the availability of travel services offered or sold by the travel agency, the conditions for obtaining a refund of moneys paid for the travel services, and the nature or quality of the travel services provided;

(3) The consumer shall have the right to have the travel agency fulfill any term or condition of the contract for travel services between the consumer and the travel agency, whether the term or condition was made in writing or otherwise by the travel agency;

(4) The consumer shall have the right to have the travel agency fulfill any promises, guarantees, or representations made regarding travel services, whether the promises, guarantees, or representations are made by the travel agency in written or verbal form;

(5) The consumer shall have the right to be informed of all conditions, if any, upon which the contract between the travel promoter and the entity providing the transportation or related services may be canceled, and the respective rights and obligations of all parties in the event of cancellation;

(6) The consumer shall have the right to obtain the ticket or other similar documentation binding upon the ultimate provider of the travel services from the travel agency, upon making full payment to the travel agency for the travel services purchased; and

(7) The consumer shall have the right to a refund, within fourteen calendar days from the date the refund is requested, of all moneys paid to a travel agency for travel services not performed in accordance with the contract for travel services, less any of the following amounts:

(A) Any amounts for cancellation fees that were previously disclosed to the consumer; and

(B) Any amounts held by the ultimate provider of the travel services, or by a representative of the ultimate provider of travel services that the travel agent was required to contract with by the ultimate provider.

(b) The travel agency shall provide a written disclosure of the consumer's rights under this section to the consumer no later than at the time the travel agency issues the ticket for travel services to the consumer; provided that in the case of repeat customers or business accounts the disclosure need only be given once and except as otherwise provided by rule.

(c) The department may develop a form for the written disclosure of consumer rights under this chapter, and if such form is developed, all travel agencies who have not obtained approval from the department to use a form developed by the travel agency shall utilize the department's form in order to comply with the provisions of this section. [L 1991, c 285, pt of §1; am L 1992, c 157, §4]
Haw. Rev. Stat. § 466-15 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-15
Advisory committees.
Status: in_force

(a) The director may establish advisory committees, the members of which shall serve as consultants to the board in their review of certified public accountants and public accountants referred for possible disciplinary action, and as experts to the department for investigation. The advisory committee shall be appointed by the director from a list of certified public accountants and public accountants submitted annually by the board.

(b) Each member of the committee shall serve until a new committee is established, or until the particular case for which the member was designated a consultant or expert has been concluded.

(c) The members of the advisory committee shall serve without compensation, but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(d) No member of the advisory committee shall bear any civil liability for any act done in furtherance of the purpose for which the advisory committee was established. [L 1989, c 110, pt of §2]
Haw. Rev. Stat. § 444-7.5 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-7.5
Asbestos contractors.
Status: in_force

(a) The board shall provide for the licensure or permitted activities as a specialty contractor of any person who engages in any activity involving the application, enclosure, removal, encapsulation, renovation, repair, demolition, or other disturbances of friable asbestos or asbestos-containing material that may become friable during the activity; provided that this section shall not apply to activities such as maintenance, repair, or removal of asbestos pipe or sheets, vinyl asbestos floor materials or asbestos-bituminous or resinous material as well as other activities that the board may exempt which are incidental to the primary purpose for which the contractor holds a license and if they were performed in a manner that no health hazard is posed to the public, the contractor, or the contractor's employees.

(b) No person shall be licensed as an asbestos contractor unless that person meets all requirements of subsection (c) in addition to the requirements in section 444-11.

(c) The licensing requirements and procedures, and the standards of conduct for individuals licensed as an asbestos contractor shall be as provided by rules and shall include, but shall not be limited to, provisions for the following:

(1) Examination;

(2) Registration of employees;

(3) Training, experience, and any other certification standards for contractors and their employees;

(4) Protective equipment standards;

(5) Application, enclosure, removal, encapsulation, renovation, repair and demolition procedures;

(6) Hazardous waste disposal;

(7) Clean-up procedures;

(8) Monitoring;

(9) Health examinations;

(10) Continuing education;

(11) Administrative procedures; and

(12) Fees.

The board shall consult with and shall initiate and maintain cooperative agreements with the departments of health, and labor and industrial relations, or any other state, federal, or county departments or agencies and the University of Hawaii or their community colleges in the development of these rules, and to develop procedures and methods for the enforcement of any asbestos activity.

(d) The board, the departments of commerce and consumer affairs, labor and industrial relations, and the department of health shall have the right of entry to any job site and access to any records of the licensee for purposes of inspection for health or safety hazards. Each agency shall be empowered to apply to a court of competent jurisdiction for an order restraining any activity at the job site which constitutes an imminent health or safety hazard.

(e) Any person who knowingly hinders or delays the board or the above departments in the performance of their duties, who knowingly fails to obtain the licenses or registrations required by this section, or otherwise knowingly violates this section shall be guilty of a misdemeanor.

(f) The board may, in addition to any other remedies provided by law, and after a hearing conducted pursuant to chapter 91, assess a fine not to exceed $5,000 for each violation of this section. For purposes of this subsection, each day's violation shall constitute a separate violation. [L 1987, c 157, §2]
Haw. Rev. Stat. § 442-16 — HI Code / Division 2 / Title 25 / Chapter 442 / Section 442-16
Board records.
Status: in_force

The board shall keep for public inspection a record of all licenses issued containing: the name, license number, effective and expiration dates of the license, and status of the license of the person to whom the license to practice chiropractic is issued.
Haw. Rev. Stat. § 436B-20 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-20
Suspended license.
Status: in_force

No license shall be suspended by the licensing authority for a period exceeding five years. A person whose license has been suspended may apply for reinstatement of the license to the extent authorized by law and upon complete compliance with any term or condition imposed by the order of suspension. The application for reinstatement shall be accompanied by all applicable fees, including but not limited to reinstatement fees, any compliance resolution fund fees, and any recovery fund assessments.
Haw. Rev. Stat. § 455-9 — HI Code / Division 2 / Title 25 / Chapter 455 / Section 455-9
Penalty.
Status: in_force

Any person except a licensed naturopathic physician who practices, attempts to practice, or advertises the practice of naturopathic medicine, or any person who buys, sells, or fraudulently obtains any diploma or license to practice naturopathic medicine whether recorded or not, or any person who uses the title "natureopath", "naturopath", "doctor of naturopathy", "doctor of naturopathic medicine", "naturopathic healthcare", "naturopathic physician", "naturopathic medicine", "naturopathy", "naturopathic doctor", or "N.D.", or any word or title to induce the belief that the person is engaged in the practice of naturopathic medicine without complying with this chapter, or any person who violates this chapter, 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 department on behalf of the State.
Haw. Rev. Stat. § 465-8 — HI Code / Division 2 / Title 25 / Chapter 465 / Section 465-8
Licenses, issuance, display.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] Upon the board forwarding to the director the name of each applicant who is entitled to a license under this chapter and upon receipt of the prescribed fee, the director shall promptly issue to each applicant a license authorizing the applicant to engage in the practice of psychology for a period of two years. The license shall be in the form as the director shall determine. A licensed psychologist shall display the license in a conspicuous place in the psychologist's principal place of business.

§465-8 Licenses, issuance, display. [Section effective July 1, 2026. For section effective until June 30, 2026, see above.] Upon the board forwarding to the director the name of each applicant who is entitled to a license under this chapter and upon receipt of the prescribed fee, the director shall promptly issue to each applicant a license authorizing the applicant to engage in the practice of psychology for a period of two years. The license shall be in the form as the director shall determine. A licensed psychologist or an associate psychologist shall display the license in a conspicuous place in the psychologist's or associate psychologist's principal place of business; provided that a provisional license shall include the name and title of the supervising psychologist or psychologists. [L 1967, c 290, pt of §1; HRS §465-8; am L 1971, c 84, §6; am L 1975, c 118, §29(1); am L 1983, c 95, §3; am L 1985, c 115, §10; am L 2024, c 93, §28]
Haw. Rev. Stat. § 461-8.6 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-8.6
Wholesale prescription drug distributor license.
Status: in_force

It shall be unlawful for any person to operate, maintain, open, change location, or establish any wholesale prescription drug distribution business within the State without first having obtained a license from the board.
Haw. Rev. Stat. § 465-4 — HI Code / Division 2 / Title 25 / Chapter 465 / Section 465-4
Board of psychology; appointment, qualifications, term, expenses.
Status: in_force

There is created a board of psychology consisting of seven members. There shall be five members representing varied specialties of the profession, each of whom shall be licensed to practice psychology under this chapter and have a minimum of five years of post-doctoral professional experience, and two lay members from the community at large. A lay member shall not be a psychologist, an applicant, or former applicant for licensure as a psychologist.
Haw. Rev. Stat. § 454M-1 — HI Code / Division 2 / Title 25 / Chapter 454M / Section 454M-1
Definitions.
Status: in_force

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

"Affiliated entity" means a person or other entity that is controlled, controlled by, or under common control with a developer.

"Applicant" means a person applying for a license under this chapter.

"Bankruptcy code" refers to the United States Bankruptcy Code, title 11 United States Code, section 101 et seq., as amended.

"Borrower" means the obligor, maker, cosigner, or guarantor under a mortgage loan agreement. For purposes of this chapter, a borrower is included in the term consumer.

"Business day" means Monday through Friday, excluding state holidays.

"C.F.R." means the Code of Federal Regulations.

"Commissioner" means the commissioner of financial institutions of this State.

"Consumer Financial Protection Bureau" means the agency of the United States government referenced in title 12 United States Code chapter 53, subchapter V.

"Control" means the power to direct management or policies of a company, whether through ownership of securities, by contract, or otherwise.

"Developer" means a person whose time share plan is accepted by the director for registration under chapter 514E.

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

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

"Dwelling" means a residential structure or mobile home that contains one to four family housing units or individual units of condominiums or cooperatives.

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

"Home Affordable Modification Program" means the program established by the United States Department of the Treasury, pursuant to sections 101 and 109 of the Emergency Economic Stabilization Act of 2008, as section 109 of the Act has been amended by section 7002 of the American Recovery and Reinvestment Act of 2009. The Home Affordable Modification Program is a component of the Making Home Affordable Program, also known as the MHA Program.

"License" means a license issued under this chapter.

"Licensee" means a person licensed or required to be licensed under this chapter.

" Loss mitigation option" means an alternative to foreclosure, including loan modification, reinstatement, forbearance, deed-in-lieu, and short sale.

"Mortgage servicer" means the person responsible for collecting, receiving, and processing any scheduled periodic payments from a borrower pursuant to the terms of any residential mortgage loan, including amounts for escrow accounts under the Real Estate Settlement Procedures Act, and for making the payments to the owner of the loan or other third parties of principal and interest and such other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the mortgage servicing loan documents or servicing contract. In the case of a home equity conversion mortgage or reverse mortgage as referenced in this chapter, servicing includes making payments to the borrower.

"NMLS" means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the state licensing and registration of state-licensed loan originators and other financial services providers, or any system provided by the Consumer Financial Protection Bureau.

"Person" means an individual, sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or other association of individuals, however organized.

"Principal office" means the office location where the company's core executive and administrative functions are primarily carried out.

"Real Estate Settlement Procedures Act" means title 12 United States Code chapter 27, as amended, and regulations adopted thereunder also known as Regulation X, title 12 C.F.R. part 1024.

"Received" means, in the context of the date of payment, the date that the payment instrument or other means of payment reaches the mortgage servicer, in accordance with title 12 C.F.R. section 1026.36(c).

"Residential loan modification" or "loan modification" means a temporary or permanent change to the terms of a borrower's existing residential mortgage loan agreement, mutually agreed to between a borrower and a lender.

"Residential mortgage loan" or "mortgage loan" means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or residential real estate and includes refinancings, reverse mortgages, home equity lines of credit, and other first and additional lien loans that meet the qualifications listed in this definition.

"Residential real estate" means any real property located in this State, upon which a dwelling is constructed or intended to be constructed.

"Servicing" means the business activity of a mortgage servicer.

"Time share interest" means that interest purchased in a time share plan which grants the purchaser the right to use and occupy accommodations, facilities, or recreational sites, whether improved or unimproved, pursuant to a time share plan.

"Time share plan" has the same meaning as defined in title 11 United States Code section 101(53D). [L 2009, c 106, pt of §1; am L 2012, c 245, §2; am L 2013, c 92, §2; am L 2015, c 62, §2; am L 2016, c 122, §19; am L 2017, c 46, §2]
Haw. Rev. Stat. § 437D-15 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-15
Unfair trade practices.
Status: in_force

Each lessor, and each officer, employee, agent, and other representative thereof, is prohibited from engaging in any practice constituting a violation of chapter 480. The following shall be per se violations of section 480-2:

(1) The making of any material statement that has the tendency or capacity to mislead or deceive, either orally or in writing, in connection with the rental of, offer to rent, or advertisement to rent a vehicle;

(2) The omission of any material statement that has the tendency or capacity to mislead or deceive, in connection with the rental of, offer to rent, or advertisement to rent a vehicle;

(3) The making of any statement to the effect that the purchase of a damage waiver is mandatory;

(4) Any violation of sections 437D-5 through 437D-14, and section 437D-17.5;

(5) The charging by the lessor to a lessee of:

(A) More than the cost of the parts and labor necessary to repair a damaged vehicle in accordance with standard practice in the motor vehicle repair industry in the community, if the vehicle is repaired;

(B) More than the actual cash value of a vehicle if it is declared a total loss;

(C) More than the diminution in value of a vehicle if it is not repaired and not declared a total loss; or

(D) More than the cost of the parts and labor necessary to repair a damaged vehicle in accordance with standard practice in the motor vehicle repair industry in the community if the vehicle is not repaired and is not declared a total loss but is determined by the lessor to be no longer in rentable condition; provided that the vehicle shall not be rented or leased by the lessor to any other lessee after that determination has been made by the lessor.

To the extent the lessor obtains recovery from a third party, the lessor shall not recover any amount specified in this paragraph from the lessee;

(6) The making of any statement by the lessor to the effect that the lessee is or will be confined to remain within boundaries specified by the lessor unless payment or an agreement relating to the payment of damages has been made by the lessee;

(7) The charging of a lessee more than a reasonable estimate of the actual income lost for loss of use of a vehicle; and

(8) The charging of a lessee more than actual towing charges. [L 1988, c 251, pt of §2; am L 1994, c 44, §1; am L 2000, c 145, §1; am L 2009, c 148, §12]
Haw. Rev. Stat. § 465-13.5 — HI Code / Division 2 / Title 25 / Chapter 465 / Section 465-13.5
Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction requiring registration as a sex offender;
Status: in_force

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

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

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

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

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

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

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

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

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

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

(2) The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense. [L 2025, c 273, §25]
Haw. Rev. Stat. § 465-15 — HI Code / Division 2 / Title 25 / Chapter 465 / Section 465-15
Prohibited acts; penalties.
Status: in_force

(a) [Subsection effective until June 30, 2026. For subsection effective July 1, 2026, see below.] No person shall:

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

(2) Represent oneself as a licensed psychologist during the time the person's license issued under this chapter is suspended or revoked;

(3) Advertise or make a representation, either publicly or privately, as being a psychologist, licensed or otherwise, or as being able to perform professional services described in section 465-1, except as otherwise provided in this chapter, without having a valid unrevoked license or temporary permit issued by the director; or

(4) Otherwise violate this chapter.

(a) [Subsection effective July 1, 2026. For subsection effective until June 30, 2026, see above.] No person shall:

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

(2) Represent oneself as a licensed psychologist or licensed associate psychologist during the time the person's license issued under this chapter is suspended or revoked;

(3) Advertise or make a representation, either publicly or privately, as being a psychologist or an associate psychologist, licensed or otherwise, or as being able to perform professional services described in section 465-1, except as otherwise provided in this chapter, without having a valid unrevoked license or temporary permit issued by the director; or

(4) Otherwise violate this chapter.

(b) Any person who violates this chapter shall be fined not more than $1,000 for each violation of this chapter or imprisoned not more than one year, or both. [L 1967, c 290, pt of §1; HRS §465-15; am L 1983, c 95, §7; am L 1985, c 115, §16; am L 1987, c 72, §6; am L 2024, c 93, §30]
Haw. Rev. Stat. § 437-18 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-18
Bond of broker.
Status: in_force

(a) Each broker receiving a license shall give to the motor vehicle industry licensing board and keep in force a bond or bonds in the penal sum totaling not less than $200,000.

(b) More than one bond may be furnished by the same applicant, provided they aggregate the full amount prescribed by this section.

(c) If the applicant maintains an established place of business in a county which is used, or will be used, for the purpose of selling, displaying, or offering to negotiate for the purchase of motor vehicles, the market value of which, over and above all liens, charges, and encumbrances thereon, is equal to or greater than ninety per cent of the amount of bond required by this section, and the financial condition of the applicant is such that, in the judgment of the board, the excess over ten per cent of the bond may be waived without unduly jeopardizing the rights and interests of present and prospective claimants against the applicant, then the amount of the bond may be reduced at the discretion of the board.

(d) The bond shall be subject to the following conditions:

(1) That the broker will faithfully and truly comply with all the valid provisions of this chapter as the same now are or may hereafter be amended, and with any rule adopted by the board pursuant to this chapter;

(2) That the broker will not be guilty of fraud, misrepresentation, or other improper business conduct in connection with the selling, purchasing, negotiating for purchase, or otherwise dealing with motor vehicles or any other property related thereto, and will satisfy all judgments rendered against the broker based in whole or in part upon representations or warranties made in connection with any retail sale or negotiation for the purchase of a motor vehicle; and

(3) That the broker will protect the treasurer of the county and any purchaser of any vehicle or any person acquiring any lien thereon or successor in interest of any such person against any loss on account of any defect in or undisclosed encumbrance upon the title of any motor vehicle, registered by the treasurer in reliance upon any certificate, affidavit, or other representation of the dealer, or registration or transfer of registration procured by the broker.

(e) Suit on bond. The director of commerce and consumer affairs, or any person who has been or claims to have been injured by the breach of the conditions, shall have the right of action to recover on any such bond, plus a reasonable attorney's fee incurred to secure the recovery under the bond; provided that the aggregate liability of the surety or sureties to all such persons shall in no event exceed the amount of the bond; and provided further that any award of attorney's fees shall be approved by the court and no other attorney's fees shall be permitted from the bond proceeds. Nothing in this section or chapter shall be deemed to prohibit or prevent an independent action against the broker and any other person from being joined or consolidated with an action on the bond, and the recovery of a larger amount than the amount of the bond founded upon any other cause or causes or action so joined or consolidated. [L 1967, c 113, §1(C); HRS §437-18; am L 1969, c 263, §1(22); am L 1985, c 102, §2; am L 1992, c 153, §5; am L Sp 1993, c 8, §§24 and 58]
Haw. Rev. Stat. § 466D-5 — HI Code / Division 2 / Title 25 / Chapter 466D / Section 466D-5
Powers and duties of the director.
Status: in_force

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

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

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

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

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

(5) Prepare and administer examinations pursuant to the requirements of this chapter;

(6) Establish the criteria for successful passage of an examination administered pursuant to this chapter;

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

(8) Refuse to license a person for failure to meet the licensing requirements in this chapter or for any reason specified by this chapter as grounds to discipline a respiratory therapist; and

(9) Appoint an advisory committee composed of practicing respiratory therapists to assist with the implementation of this chapter. [L 2010, c 178, pt of §2]
Haw. Rev. Stat. § 440G-5 — HI Code / Division 2 / Title 25 / Chapter 440G / Section 440G-5
Cable franchise required.
Status: in_force

No person shall construct, operate, or acquire a cable system, or extend an existing cable system outside its designated service area, without first obtaining a cable franchise as provided in this chapter.
Haw. Rev. Stat. § 443B-4.54 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-4.54
Notification of change.
Status: in_force

Every collection agency shall notify the director in writing of any material change at any time during the application process or the period of registration.
Haw. Rev. Stat. § 440G-15 — HI Code / Division 2 / Title 25 / Chapter 440G / Section 440G-15
Annual fees.
Status: in_force

(a) Each cable operator shall pay an annual fee to be determined by the director. The fees so collected under this section shall be deposited into the compliance resolution fund established under section 26-9(o).

(b) The director shall adjust the fees assessed under this section, as necessary from time to time, pursuant to rules adopted in accordance with chapter 91. [L 1987, c 301, §17; am L 1991, c 87, §1; am L 1993, c 280, §23; am L 1999, c 129, §17]
Haw. Rev. Stat. § 458-4 — HI Code / Division 2 / Title 25 / Chapter 458 / Section 458-4
§§458-4 to 458-6 REPEALED.
Status: repealed

§§458-4 to 458-6 REPEALED. L 1987, c 300, §§4 to 6.
Haw. Rev. Stat. § 468L-26 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-26
Quarterly report filing requirements for charter tour operators.
Status: in_force

Not later than forty-five days after the end of each quarter, each registered travel agency engaging in the business of a charter tour operator, at its own expense, shall file a quarterly report that shall cover the immediately preceding quarter. Each report shall include a statement by an independent certified public accountant that the charter tour client trust account has been maintained in accordance with the requirements of sections 468L-5, 468L-23, and 468L-24, or specifying the grounds on which such a statement cannot be made.
Haw. Rev. Stat. § 448-17 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-17
Refusal, revocation, suspension, and administrative penalties.
Status: in_force

(a) The board shall refuse to issue a license to any applicant who fails to meet all of the requirements imposed by this chapter and may refuse to issue a license to any applicant who has been disciplined by another state or federal agency. Notwithstanding any law to the contrary, a final order denying the issuance of a license to any applicant based on the applicant's discipline by another state or federal agency shall be a matter of public record.

(b) In addition to any other actions authorized by law, the board may suspend or revoke any license issued under this chapter and may fine a licensee for any cause authorized by law, including but not limited to the following:

(1) Fraud in procuring license;

(2) Habitual intoxication or addiction to the use of drugs;

(3) Wilful or repeated violations of the rules of the department of health;

(4) Acceptance of a fee for service as a witness, without the knowledge of the court, in addition to the fee allowed by the court;

(5) Division of fees or agreeing to split or divide the fees received for dental services with any person for bringing or referring a patient;

(6) Assisting in the care or treatment of a patient, without the knowledge of the patient or the patient's legal representative;

(7) Employing, procuring, inducing, aiding, or abetting a person not licensed as a dentist to engage in the practice of dentistry;

(8) Making any misrepresentations or false promises, directly or indirectly, to influence, persuade, or induce dental patronage;

(9) Professional connection or association with, or lending one's name to another for, the illegal practice of dentistry by another, or professional connection or association with any person, firm, or corporation holding oneself, themselves, or itself out in any manner contrary to this chapter;

(10) By false or fraudulent representations, obtaining or seeking to obtain practice or money or any other thing of value;

(11) Practicing, either in the State or elsewhere, under a name other than one's own;

(12) Any other improper, unprofessional, or dishonorable conduct in the practice of dentistry;

(13) Violation of section 447-4;

(14) False or misleading advertising not otherwise provided for under this subsection, including:

(A) Advertising to the public as practicing a dental specialty in which the dentist has not successfully completed the education specified for the dental specialty as defined by the American Dental Association; and

(B) Using the following words or phrases in advertising when the dentist has not successfully completed the education specified for the dental specialty as defined by the American Dental Association:

(i) "Dental public health";

(ii) "Endodontics";

(iii) "Oral and maxillofacial pathology";

(iv) "Oral and maxillofacial radiology";

(v) "Oral and maxillofacial surgery";

(vi) "Orthodontics and dentofacial orthopedics";

(vii) "Pediatric dentistry";

(viii) "Periodontics"; or

(ix) "Prosthodontics";

provided that this paragraph shall not apply to a dentist who advertises as being qualified in a recognized specialty area of dental practice so long as each advertisement, regardless of form, contains a prominent disclaimer that the dentist is a general dentist or that the specialty services will be provided by a general dentist; and

(15) Conduct or practice contrary to recognized standards of ethics of the profession, as adopted by the American Dental Association or the Hawaii Dental Association.

(c) Any person who violates, or fails to comply with, any of the provisions of this chapter, the penalty for which is not otherwise provided, shall be fined not less than $1,000 nor more than $5,000. [L 1937, c 220, §8; RL 1945, §2164; am L 1949, c 177, §5; RL 1955, §61-17; am L Sp 1959 2d, c 1, §19; HRS §448-17; am L 1974, c 205, §2(13); gen ch 1985; am L 1986, c 26, §3; am L 1992, c 202, §77; am L 2009, c 131, §2; am L 2015, c 28, §2; am L 2016, c 38, §6]
Haw. Rev. Stat. § 460J-17 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-17
Death or dissociation.
Status: in_force

No partnership, joint venture, or corporation shall be deemed to have violated this chapter by acting or assuming to act as a pest control operator after the death or dissociation of a licensee who had the direct management of the pest control business thereof prior to final disposition by the board of an application for a license made within thirty days from the date of the death or dissociation.
Haw. Rev. Stat. § 448E-7 — HI Code / Division 2 / Title 25 / Chapter 448E / Section 448E-7
REPEALED.
Status: in_force

L 1992, c 202, §204.
Haw. Rev. Stat. § 451D-4 — HI Code / Division 2 / Title 25 / Chapter 451D / Section 451D-4
Advisory committees.
Status: in_force

(a) The director of commerce and consumer affairs may establish advisory committees, the members of which shall serve as consultants to the boards in their review of health care professionals referred for possible disciplinary action and as experts to the department for investigations. The advisory committee shall be appointed by the director from a list of health care professionals submitted annually by the board for which an advisory committee is appointed.

The director shall develop an information sheet for each member describing the committee's purpose, roles and responsibilities of members, and procedures used to carry out the committee's work. When the board or director requests assistance from any member of the committee on a case, the board or director, as the case may be, shall make initial inquiries as may be necessary for the purpose of eliminating conflicts of interest prior to submission to any member of the committee.

(b) The membership of the advisory committee shall reflect, insofar as is practical, all areas of professional practice and include subgroupings of the major specialties. Each member of the committee shall serve until a new committee is established, or until the particular case for which the member was designated a consultant or expert has been concluded.

(c) All members of the advisory committee shall serve voluntarily and without compensation, but shall be paid reasonable allowances for travel and living expenses which may be incurred as a result of performance of their duties on the committee. The costs shall be paid by the department.

(d) There shall be no civil liability for any member of the advisory committee for any act done in furtherance of the purpose for which the advisory committee was established. [L 1987, c 67, pt of §1]
Haw. Rev. Stat. § 445-35 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-35
Auctioneer's charges.
Status: in_force

Every auctioneer may charge a commission at the rates hereinafter set forth upon all sales and collections made by the auctioneer; and the auctioneer may also charge the actual amounts paid by the auctioneer for advertising the sale of any property sold and any other expenses that may be especially agreed upon between the auctioneer and the owner of the property to be sold. The auctioneer may deduct such commissions and expenses from proceeds of any such sales. The rates of commissions are as follows:

(1) Upon all sales of personal property, not more than ten per cent;

(2) Upon all sales of real property, not more than five per cent. [L 1896, c 64, §31; RL 1925, §1982; RL 1935, §2429; RL 1945, §7031; am L 1951, c 186, §1; RL 1955, §155-32; HRS §445-35; gen ch 1985]
Haw. Rev. Stat. § 463E-6.5 — HI Code / Division 2 / Title 25 / Chapter 463E / Section 463E-6.5
Reporting requirements.
Status: in_force

(a) Every podiatrist licensed pursuant to this chapter who does not possess professional liability insurance shall report any settlement or arbitration award of a claim or action for damages for death or personal injury caused by negligence, error, or omission in practice, or the unauthorized rendering of professional services. The report shall be submitted to the department of commerce and consumer affairs within thirty days after any written settlement agreement has been reduced to writing and signed by all the parties thereto or thirty days after service of the arbitration award on the parties.

(b) Failure of a podiatrist to comply with the provisions of this section is an offense punishable by a fine of not less than $100 for the first offense, $250 to $500 for the second offense, and $500 to $1,000 for subsequent offenses.

(c) The clerks of the respective courts of this State shall report to the department any judgment or other determination of the court which adjudges or finds that a podiatrist is liable criminally or civilly for any death or personal injury caused by the podiatrist's professional negligence, error, or omission in the practice of the podiatrist's profession, or rendering of unauthorized professional services. The report shall be submitted to the department within ten days after the judgment is entered by the court.

(d) The department shall prescribe forms for the submission of reports required by this section. [L 1985, c 125, §5]
Haw. Rev. Stat. § 468E-10 — HI Code / Division 2 / Title 25 / Chapter 468E / Section 468E-10
Examination for license.
Status: in_force

(a) Each applicant for licensure under this chapter shall take a written examination in accordance with procedures prescribed by the board. Standards for acceptable performance shall be established by the board.

(b) Applicants for licensure shall be examined at a time and place and under such supervision as the board may determine.

(c) The board may examine in whatever theoretical or applied fields of speech pathology or audiology it considers appropriate and may examine with regard to a person's professional skills and judgment in the utilization of speech pathology or audiology techniques and methods.

(d) The board shall maintain a permanent record of all examination scores. [L 1974, c 48, pt of §1]
Haw. Rev. Stat. § 441-5 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-5
Securities law not applicable to sales of cemetery property.
Status: in_force

No provision of law, ordinance, or government regulation relating to the registration and sale of securities shall apply to the sale by a cemetery authority of plots, crypts, or niches dedicated, described, and shown on a proper map or plat pursuant to this chapter.
Haw. Rev. Stat. § 464-6 — HI Code / Division 2 / Title 25 / Chapter 464 / Section 464-6
Board of professional engineers, etc.
Status: in_force

§464-6 Board of professional engineers, etc., members; appointment; tenure; qualifications. There shall be a state board of professional engineers, architects, surveyors, and landscape architects hereinafter called "the board". The board shall consist of fourteen members, including at least four professional engineers, three professional architects, two professional surveyors, two professional landscape architects, and three public members. Each county shall be represented by at least one member who is a resident of the county. Each member shall hold over after the expiration of the member's term until the member's successor is duly appointed and qualified.

Each member shall have been a resident of the State for at least three years. A member representing the profession shall have been engaged in the practice of the member's profession for at least five years immediately preceding the date of the member's appointment. Any member of the board who incurs expenses in connection with the preparation and grading of examination papers shall be reimbursed for those expenses with the approval of the department. [L 1923, c 227, §2; RL 1925, §3684; am L 1933, c 134, §§1, 6; RL 1935, §7035; RL 1945, §7607; am L 1949, c 306, §2; RL 1955, §166-6; am L Sp 1959 2d, c 1, §5; am L 1967, c 85, §2; HRS §464-6; am L 1970, c 85, §4; am L 1978, c 208, §12; am L 1982, c 204, §8; am L 1983, c 155, §2; gen ch 1985; am L 1989, c 210, §8; am L 1992, c 202, §153; ree L 1993, c 322, §14]
Haw. Rev. Stat. § 441-20 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-20
License required to act as cemetery or pre-need funeral authority.
Status: in_force

No person shall act as a cemetery or pre-need funeral authority without a license previously issued by the director in compliance with this chapter and the rules of the director; provided that the director shall exempt any cemetery authority upon its proof satisfactory to the director that it will not make any additional interments.
Haw. Rev. Stat. § 445-12 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-12
Business without license forbidden; not transferable; penalty.
Status: in_force

(a) Where a county requires a license for the conduct of any business, or the performance of any act in this chapter enumerated, that business or act, except upon obtaining a license from the appropriate county, is forbidden.

(b) No license required and issued by a county under this chapter shall be transferable.

(c) Any person who:

(1) Engages in or carries on any business, or does any act enumerated in this chapter, the engaging in or doing of which is required to be licensed in the county in which the business is conducted or act is performed, without first obtaining a license from that county;

(2) Sells any goods, wares, merchandise, produce, or thing of value, contrary to the terms of this chapter; or

(3) Violates or fails to observe this chapter;

shall be fined a maximum of $500 per day, unless otherwise provided in this chapter. [L 1896, c 64, pt of §3; RL 1925, §1967; RL 1935, §2412; RL 1945, §7013; RL 1955, §155-13; HRS §445-12; am L 1990, c 164, §8; am L 1992, c 232, §4]
Haw. Rev. Stat. § 437B-8 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-8
Powers to classify and limit license.
Status: in_force

(a) The board shall adopt rules necessary to effect the classification of motor vehicle mechanics in a manner consistent with the certification program established by this chapter, and shall limit the motor vehicle repair activities of a licensee to those areas for which the licensee is certified or licensed.

(b) An applicant may make application for [licensure] in more than one classification if the applicant is certified for each classification and otherwise meets the qualification for [licensure] as prescribed by the board. If the applicant is licensed for more than one classification, the applicant shall pay the license fee but shall not be required to pay any additional license fee. [L 1975, c 143, pt of §2; gen ch 1985; am L 1998, c 199, §§8, 9, 11]
Haw. Rev. Stat. § 441-26 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-26
§§441-26 to 441-28 REPEALED.
Status: repealed

§§441-26 to 441-28 REPEALED. L 1981, c 221, §§12 to 14.
Haw. Rev. Stat. § 454M-4 — HI Code / Division 2 / Title 25 / Chapter 454M / Section 454M-4
License; fees; renewals; notices; voluntary surrender of license; bonds.
Status: in_force

(a) The commissioner may approve a license or license renewal application upon receipt of a complete application; provided that an applicant for licensure shall file an application on a form prescribed by NMLS or by the commissioner and shall pay an application fee of $675. Each license shall expire on December 31 of each calendar year unless the license is renewed . A licensee may apply for license renewal by filing a renewal statement on a form prescribed by NMLS or by the commissioner and paying a renewal fee of $600, at least four weeks prior to December 31. The minimum standards for license renewal shall include the following:

(1) The licensee continues to meet the minimum standards for licensure established pursuant to this section;

(2) The licensee has paid all required fees for renewal of the license; and

(3) The licensee is registered with the business registration division of the department of commerce and consumer affairs.

All fees paid pursuant to this section, including fees paid in connection with an application, shall be nonrefundable. No fee paid pursuant to this section shall be prorated if the license is surrendered, revoked, or suspended prior to the expiration of the period for which it was approved.

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

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

(d) The commissioner may use NMLS as an agent for requesting information from and distributing information to the United States Department of Justice, any governmental agency, or any other source, as directed by the commissioner.

(e) The applicant shall submit any other information that the commissioner may require, including the applicant's:

(1) Form and place of organization;

(2) Tax identification number; and

(3) Proposed method of doing business.

The applicant shall disclose whether the applicant or any of its executive officers, directors, general partners, or managing members have ever been issued or been the subject of an injunction or administrative order pertaining to any aspect of the lending business, have ever been convicted of a misdemeanor involving the lending industry or any aspect of the lending business, or have ever been convicted of any felony.

(f) A mortgage servicer license shall not be transferable or assignable. No licensee shall use any name other than the licensee's legal name or a fictitious name approved by the commissioner; provided that no licensee shall use the licensee's legal name if the commissioner disapproves of the use of the licensee's legal name.

(g) A mortgage servicer licensee may change the licensee's name or the address of any of the licensee's offices specified on the most recent filing with NMLS if:

(1) The licensee files the change with NMLS and provides directly to the commissioner a bond rider or endorsement, or addendum, as applicable, to any bond on file with the commissioner that reflects the new name or address ;

(2) The commissioner approves the change in writing; and

(3) The mortgage servicer pays to the commissioner a fee of $100 and any fees charged by NMLS.

(h) The mortgage servicer licensee shall file with NMLS or, if the information cannot be filed with NMLS, directly notify the commissioner in writing no later than five business days after the licensee has reason to know of the occurrence of any of the following events:

(1) Filing for bankruptcy or the consummation of a corporate restructuring of the licensee;

(2) Filing of a criminal indictment against the licensee or receiving notification of the filing of any criminal felony indictment or felony conviction of any of the licensee's executive officers, directors, employees, managers, agents, managing members, general partners, or shareholders owning ten per cent or more of the outstanding stock of the licensee;

(3) Receiving notification of the initiation of license denial, cease and desist, suspension or revocation procedures, or other formal or informal regulatory action by any governmental agency against the licensee and the reasons for the action;

(4) Receiving notification of the initiation of any action against the licensee by the state a ttorney general or the attorney general of any other state and the reasons for the action;

(5) Suspension or termination of the licensee's status as an approved servicer by the Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, or Government National Mortgage Association;

(6) Receiving notification that certain servicing rights of the licensee will be rescinded or canceled, and the reasons provided therefor;

(7) Receiving notification of filing for bankruptcy of any of the licensee's executive officers, directors, managing members, general partners, or shareholders owning ten per cent or more of the outstanding stock of the licensee; or

(8) Receiving notification of the initiation of a class action lawsuit on behalf of consumers against the licensee that is related to the operation of the licensed business.

(i) A mortgage servicer licensed under this chapter may voluntarily cease business and surrender its license by giving written notice to the commissioner of its intent to surrender its mortgage servicer license. Notice pursuant to this subsection shall be given at least thirty days before the surrender of the license and shall include:

(1) The date of surrender;

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

(3) The reason or reasons for surrender;

(4) The original license issued pursuant to this chapter to the mortgage servicer; and

(5) If applicable, a copy of all notices to affected borrowers required by the Real Estate Settlement Procedures Act of the assignment, sale, or transfer of the servicing of all relevant loans that the licensee is currently servicing under the license being surrendered.

Voluntary surrender of a license shall be effective upon the date of surrender specified on the written notice to the commissioner as required by this subsection; provided that if a mortgage servicer is required to assign, sell, or transfer the servicing of any loans, the voluntary surrender of the mortgage servicer's license shall be effective upon the effective date of the assignment, sale, or transfer of the servicing of all loans.

(j) Before a mortgage servicer's license becomes effective, the applicant or licensee shall file with the c ommissioner a surety bond written by a surety authorized to write surety bonds in this State, covering the applicant or licensee in a penal sum of $100,000. No mortgage servicer licensee shall act as a mortgage servicer in this State without maintaining the surety bond required by this section.

The surety bond shall be:

(1) In a form approved by the attorney general of this State; and

(2) Conditioned upon the mortgage servicer licensee faithfully performing any and all written agreements or commitments with or for the benefit of borrowers and mortgagees, truly and faithfully accounting for all funds received from a borrower or mortgagee in the person's capacity as a mortgage servicer, and conducting the mortgage business consistent with the provisions of this chapter to perform any written agreements or commitments.

(k) The commissioner, or any person claiming to have sustained damage by reason of the failure of the mortgage servicer to comply with the mortgage servicer's bond, or by the wrongful conversion of funds paid by a borrower to the mortgage servicer, may bring an action on the bond to recover the damage therefrom. The commissioner may deposit with a court of competent jurisdiction all or any part of the sum of the bond. The proceeds of the bond, even if mixed with other assets of the principal, shall be deemed by operation of law to be held in trust for the benefit of claimants against the principal in the event of bankruptcy of the principal and shall be immune from attachment by creditors and judgment creditors. The surety bond shall run concurrently with the period of the license for the principal office of the mortgage servicer and the aggregate liability under the bond shall not exceed the penal sum of the bond. The principal shall notify the commissioner of the commencement of an action on the bond. When an action is commenced on a principal's bond, the commissioner may require the filing of a new bond and immediately on recovery on any action on the bond, the principal shall file a new bond.

(l) A surety may cancel the surety bond required by this section at any time by a written notice to the principal stating the date cancellation shall take effect. The notice shall be sent by certified mail to the principal at least thirty days prior to the date of cancellation. A surety bond shall not be canceled unless the surety notifies the commissioner, in writing, not less than thirty days prior to the effective date of cancellation. After receipt of the notification from the surety, the commissioner shall give written notice to the principal of the date the cancellation shall take effect. The commissioner shall automatically suspend the license of a mortgage servicer on that date. No automatic suspension or inactivation shall occur if, prior to the date that the bond cancellation shall take effect:

(1) The principal submits a letter of reinstatement of the bond or a new bond; or

(2) The mortgage servicer licensee has ceased business in this State and has surrendered all licenses in accordance with this chapter .

Automatic suspension of a mortgage servicer license by the commissioner, and subsequent orders and proceedings, if any, shall be conducted pursuant to section 454M-7.

(m) If the commissioner finds that the financial condition of a mortgage servicer so requires, as evidenced by the reduction of tangible net worth, financial losses, or potential losses as a result of a violation of law or rule, the commissioner may require one or more additional bonds that meet the requirements of this section. The licensee shall file any additional bonds no later than ten days after receipt of the commissioner's written notice of the requirement for one or more additional bonds. A mortgage servicer or mortgage lender licensee shall file, as the commissioner may require, any bond rider or endorsement or addendum, as applicable, to any bond on file with the commissioner to reflect any changes necessary to maintain the surety bond required by this section.

(n) Notwithstanding any provision of law to the contrary, any document required to be filed or submitted under this chapter shall be filed or submitted through NMLS; provided that NMLS is able to accept the document.

(o) For purposes of this section, "principal" means, in the context of a surety bond requirement, the primary party who will perform the contractual obligation. [L 2009, c 106, pt of § 1; am L 2011, c 48, §9; am L 2012, c 245, § 4; am L 2013, c 92, §3; am L 2014, c 30, §1; am L 2015, c 62, §4; am L 2016, c 122, §22; am L 2017, c 46, §3; am L 2019, c 75, §2; am L 2022, c 60, §1 ]
Haw. Rev. Stat. § 459-6 — HI Code / Division 2 / Title 25 / Chapter 459 / Section 459-6
Examinations, time of.
Status: in_force

Examinations shall be administered by the National Board of Examiners in Optometry (NBEO) at least once a year with additional examinations as the National Board of Examiners in Optometry deems necessary. The time and place of the examinations shall be determined by the National Board of Examiners in Optometry. If any of the examinations administered by the National Board of Examiners in Optometry are no longer considered appropriate by the board or any of the examinations are no longer administered by the National Board of Examiners in Optometry, the examination shall be administered by the board or a testing agency designated by the board.
Haw. Rev. Stat. § 445-134.11 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-134.11
Pawn transaction agreement; disclosure requirements.
Status: in_force

(a) All pawn transaction agreements shall be in writing.

(b) The pawnbroker shall provide the customer with a signed copy of the pawn transaction agreement.

(c) The pawn transaction agreement shall include:

(1) The name, address, and telephone number of the pawnbroker;

(2) The name, address, telephone number, and date of birth of the customer;

(3) The type of identification presented by the customer;

(4) The pawn transaction number;

(5) The date on which the pawn transaction agreement is signed;

(6) The net amount paid to, received by, or paid or payable for the account of the customer, expressed as the "amount financed";

(7) The dollar amount of the pawn finance charge, expressed as the "finance charge";

(8) The rate of the pawn finance charge as applied to the amount financed, expressed as the "annual percentage rate";

(9) The total amount that must be paid to redeem the pledged goods on or before the maturity date, expressed as the "total of payments";

(10) An identification of pledged goods, including all serial numbers and model numbers, where available, and any other identifying markings or information;

(11) The maturity date of the pawn transaction;

(12) A statement to the effect that the customer is not obligated to redeem the pledged goods, and the pledged goods shall be forfeited to the pawnbroker upon the expiration of the last holding period, provided that the pledged goods may be redeemed by the customer within the holding period by making payment of the originally agreed total of payments plus an additional pawn finance charge in accordance with section 445-134.12; and

(13) The date on which the holding period expires. [L 1992, c 192, pt of §2]
Haw. Rev. Stat. § 456-21 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-21
Failure to authenticate with a certification statement.
Status: in_force

(a) A person commits the offense of failure to authenticate with a certification statement if the person is a commissioned notary public and knowingly performs a notarial act with respect to a document and fails to include any of the following in the notary certification:

(1) Date of notarization and signature of the notary public;

(2) The printed name, date of expiration, and stamp or seal of the notary public; and

(3) Identification of the jurisdiction in which the notarial act is performed.

(b) If a notarial act regarding a tangible record is performed by a notary public, an official stamp shall be stamped, impressed, or attached on the certificate. If a notarial act is performed regarding a tangible record by a notary public and the certificate contains the information specified in this section, an official stamp shall be affixed to the certificate. If a notarial act regarding an electronic record is performed by a notary public and the certificate contains the information specified in this section, an official stamp shall be attached to or logically associated with the certificate.

(c) Any person who violates this section shall be guilty of a misdemeanor and shall be sentenced in accordance with chapter 706.

(d) A conviction under this section shall result in the automatic revocation of the notary public's commission. [L 2008, c 175, pt of §2; am L 2020, c 54, §19]
Haw. Rev. Stat. § 468E-11 — HI Code / Division 2 / Title 25 / Chapter 468E / Section 468E-11
Waiver of examination or parts thereof.
Status: in_force

The board shall waive the requirements of section 468E-5 for applicants for licensure who, on the effective date of this chapter, are actually engaged in this State in the practice of speech pathology or audiology, upon proof of bona fide practice presented to the board in a manner prescribed by rules adopted by the board.
Haw. Rev. Stat. § 440E-23 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-23
No rules combat, extreme fighting, or similar contest; prohibited.
Status: in_force

No person shall promote, conduct, hold, give, or participate in any no rules combat, extreme fighting, or similar contests. The director shall enforce the prohibition on no rules combat, extreme fighting, or similar contests, and may adopt rules, pursuant to chapter 91, to enforce the prohibition. In addition to any applicable judicial remedy, a person who violates this section shall be subject to the penalties, fines, and other disciplinary provisions of this chapter.
Haw. Rev. Stat. § 467-7.5 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-7.5
License recognition.
Status: in_force

The commission may enter into a license recognition agreement with another state, or a jurisdiction recognized by the Association of Real Estate License Law Officials, with an equivalent real estate licensing law as determined by the commission.
Haw. Rev. Stat. § 459-3 — HI Code / Division 2 / Title 25 / Chapter 459 / Section 459-3
Hawaii board of optometry; members, appointment, qualifications.
Status: in_force

There shall be a board to be known as the Hawaii board of optometry, for the State. The board shall consist of seven members, five of whom shall be licensed optometrists who have actually engaged in the practice of optometry for at least five years and two of whom shall be public members. One of the five licensed optometrist members shall be from a county other than the city and county of Honolulu. No member of the board shall be a stockholder, member of the faculty, or on a board of trustees of any school of optometry.
Haw. Rev. Stat. § 449-22 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-22
Examinations.
Status: in_force

(a) The commissioner may conduct examinations of escrow depositories as often as the commissioner deems necessary for the purpose of assuring that the escrow depository is in compliance with all laws, rules, or orders issued by the commissioner.

(b) The commissioner shall have full access to the vaults, books, and papers of the escrow depository and may make such inquiries as may be necessary to ascertain the condition of the corporation. All directors, incorporators, officers, employees, and agents of an institution being examined shall cooperate fully with the commissioner and the commissioner's examiners, and shall answer all inquiries and furnish all information pertaining to the same, to the best of their knowledge and ability.

(c) The licensee shall bear the expenses of any examination or investigation by the commissioner. [L 1992, c 205, pt of §1]
Haw. Rev. Stat. § 436B-26.5 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-26.5
Citation for unlicensed activity; civil penalties.
Status: in_force

(a) In addition to any other remedy available, the investigator may issue citations to persons acting in the capacity of or engaging in business within the State without having a license previously obtained under and in compliance with this chapter, the licensing laws for the respective profession or vocation, and the rules adopted thereunder.

(b) Each citation shall be in writing and shall describe the basis of the citation, including the specific statutory provisions alleged to have been violated, and may contain an order of abatement, and an assessment of civil penalties as provided in this section. All penalties collected under this section shall be deposited in the special fund established under section 26-9(o).

(c) Any person who violates this section shall be assessed a civil penalty of not more than $500 or forty per cent of the total amount of the goods and services provided or to be provided, whichever is greater, for the first violation; not more than $1,000 or forty per cent of the total amount of the goods and services provided or to be provided, whichever is greater, for the second violation; and not more than $5,000 or forty per cent of the total amount of the goods and services provided or to be provided, whichever is greater, for any subsequent violation.

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

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

(f) If the person cited under this section timely notifies the director of the request for a hearing, the director shall afford an opportunity for a hearing under chapter 91. The hearing shall be conducted by the director or the director may designate a hearings officer to hold the hearing. The director or any hearings officer designated by the director shall have the power to issue subpoenas, administer oaths, hear testimony, find facts, make conclusions of law, and issue a final order.

(g) If the person cited under this section does not submit a written request to the director for a hearing within twenty days from the receipt of the citation, the citation shall be deemed a final order of the director.

(h) The director may apply to the appropriate court for a judgment to enforce the provisions of any final order issued by the director or designated hearings officer pursuant to this section, including the provision for abatement and civil penalties imposed.

(i) If any party is aggrieved by the decision of the director or the designated hearings officer, the party may appeal in the manner provided in chapter 91 to the circuit court of the circuit in which the party resides or has the party's principal place of business or in which the action in question occurred. The operation of an abatement order shall not be stayed on appeal unless specifically ordered by a court of competent jurisdiction after applying the stay criteria enumerated in section 91-14(c).

(j) The sanctions and disposition authorized under this section shall be separate from and in addition to all other remedies either civil or criminal provided in any other applicable statutory provision.

(k) The director may adopt rules pursuant to chapter 91 necessary for the purpose of this section. [L 1993, c 253, §1; am L 1996, c 31, §1]
Haw. Rev. Stat. § 458-1 — HI Code / Division 2 / Title 25 / Chapter 458 / Section 458-1
Dispensing optician defined.
Status: in_force

An individual is deemed to be engaged in the occupation of dispensing optician when the individual prepares and dispenses lenses, spectacles, eyeglasses, or appurtenances thereto to the intended wearer thereof on written prescription from physicians or optometrists duly licensed to practice their professions, and in accordance with the prescriptions interprets, measures, adapts, fits, and adjusts the lenses, spectacles, eyeglasses, or appurtenances thereto to the human face based on the prescription or for the aid or correction of visual or ocular anomalies of the human eyes, or when the individual offers to sell or sells non-corrective contact lenses.