Haw. Rev. Stat. § 489E-8 — HI Code / Division 2 / Title 26 / Chapter 489E / Section 489E-8
Provision of information in writing; presentation of records.
Status: in_force

(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or the sender's information processing system inhibits the ability of the recipient to print or store the electronic record.

(b) If a law other than this chapter requires a record to: be posted or displayed in a certain manner; be sent, communicated, or transmitted by a specified method; or contain information that is formatted in a certain manner, the following rules shall apply:

(1) The record shall be posted or displayed in the manner specified in the other law;

(2) Except as otherwise provided in subsection (d)(2), the record shall be sent, communicated, or transmitted by the method specified in the other law; and

(3) The record shall contain the information formatted in the manner specified in the other law.

(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record shall not be enforceable against the recipient.

(d) The requirements of this section shall not be varied by agreement, but:

(1) To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) that the information be in the form of an electronic record capable of retention may also be varied by agreement; and

(2) A requirement under a law other than this chapter to send, communicate, or transmit a record by first-class mail, postage prepaid, may be varied by agreement to the extent permitted by the other law. [L 2000, c 282, pt of §1]
Haw. Rev. Stat. § 480F-2 — HI Code / Division 2 / Title 26 / Chapter 480F / Section 480F-2
Posting and notice of fees charged.
Status: in_force

Any person who cashes one or more checks for a fee shall:

(1) Post in a conspicuous place in every location at which the person does business a notice that sets forth:

(A) The fees charged for cashing a check, for selling or issuing a money order, and for the initial issuance of any membership or identification cards; and

(B) That consumer complaints about the check cashing business may be filed with the department of commerce and consumer affairs, and includes and identifies the telephone number of the consumer information service of the department of commerce and consumer affairs;

(2) Provide written notice to each customer of the fees charged for cashing checks that is separate from and in addition to any posted notice;

(3) Obtain a written acknowledgment from the customer that written notice of the fees charged for cashing checks was provided; and

(4) Provide each customer a receipt documenting any and all fees charged. [L 1999, c 146, pt of §1; am L 2001, c 20, §1]
Haw. Rev. Stat. § 489D-21 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-21
Authorized delegate contracts.
Status: in_force

Licensees desiring to conduct licensed activities through authorized delegates shall authorize each delegate to operate pursuant to an express written contract. These contracts shall provide the following:

(1) That the licensee appoints the person as the licensee's delegate with authority to engage in money transmission on behalf of the licensee;

(2) That neither a licensee nor an authorized delegate may authorize subdelegates without the written consent of the commissioner;

(3) That the licensee is subject to supervision and rule by the commissioner; and

(4) That the authorized delegate certifies that it is in compliance with the recordkeeping and reporting requirements under title 31 United States Code section 5311 et seq., [title] 31 Code of Federal Regulations part 1022, section 1022.210, and other federal and state laws pertaining to money laundering. [L 2006, c 153, pt of §1; am L 2013, c 167, §13]
Haw. Rev. Stat. § 489D-29 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-29
Criminal penalties.
Status: in_force

(a) A person who intentionally makes a false statement, misrepresentation, or false certification in a record filed or required to be maintained under this chapter, who intentionally makes a false entry, or who omits a material entry in a record shall be guilty of a class C felony.

(b) An individual or person who knowingly engages in any activity for which a license is required under this chapter, without being licensed under this chapter, shall be guilty of a misdemeanor, and be subject to a fine in an amount not to exceed $1,000, imprisonment of not more than one year, or both, and each day a violation exists shall be deemed a separate offense. [L 2006, c 153, pt of §1]
Haw. Rev. Stat. § 489M-3 — HI Code / Division 2 / Title 26 / Chapter 489M / Section 489M-3
[ §489M-3] Federal law; conferral of authority.
Status: in_force

[ §489M-3] Federal law; conferral of authority. This chapter is not intended to preclude state officials from entering into international trade agreements when federal law confers the authority on state officials to do so, subject to section 489M-2. [L Sp 2007, c 1, pt of §2]
Haw. Rev. Stat. § 486-87 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-87
Penalties.
Status: in_force

Any person guilty of committing any of the prohibited acts or omitting any of the required acts of this part shall be guilty of a misdemeanor.
Haw. Rev. Stat. § 487N-2 — HI Code / Division 2 / Title 26 / Chapter 487N / Section 487N-2
Notice of security breach.
Status: in_force

(a) Any business that owns or licenses personal information of residents of Hawaii, any business that conducts business in Hawaii that owns or licenses personal information in any form (whether computerized, paper, or otherwise), or any government agency that collects personal information for specific government purposes shall provide notice to the affected person that there has been a security breach following discovery or notification of the breach. The disclosure notification shall be made without unreasonable delay, consistent with the legitimate needs of law enforcement as provided in subsection (c) of this section, and consistent with any measures necessary to determine sufficient contact information, determine the scope of the breach, and restore the reasonable integrity, security, and confidentiality of the data system.

(b) Any business located in Hawaii or any business that conducts business in Hawaii that maintains or possesses records or data containing personal information of residents of Hawaii that the business does not own or license, or any government agency that maintains or possesses records or data containing personal information of residents of Hawaii shall notify the owner or licensee of the information of any security breach immediately following discovery of the breach, consistent with the legitimate needs of law enforcement as provided in subsection (c).

(c) The notice required by this section shall be delayed if a law enforcement agency informs the business or government agency that notification may impede a criminal investigation or jeopardize national security and requests a delay; provided that such request is made in writing, or the business or government agency documents the request contemporaneously in writing, including the name of the law enforcement officer making the request and the officer's law enforcement agency engaged in the investigation. The notice required by this section shall be provided without unreasonable delay after the law enforcement agency communicates to the business or government agency its determination that notice will no longer impede the investigation or jeopardize national security.

(d) The notice shall be clear and conspicuous. The notice shall include a description of the following:

(1) The incident in general terms;

(2) The type of personal information that was subject to the unauthorized access and acquisition;

(3) The general acts of the business or government agency to protect the personal information from further unauthorized access;

(4) A telephone number that the person may call for further information and assistance, if one exists; and

(5) Advice that directs the person to remain vigilant by reviewing account statements and monitoring free credit reports.

(e) For purposes of this section, notice to affected persons may be provided by one of the following methods:

(1) Written notice to the last available address the business or government agency has on record;

(2) Electronic mail notice, for those persons for whom a business or government agency has a valid electronic mail address and who have agreed to receive communications electronically if the notice provided is consistent with the provisions regarding electronic records and signatures for notices legally required to be in writing set forth in 15 U.S.C. section 7001;

(3) Telephonic notice, provided that contact is made directly with the affected persons; and

(4) Substitute notice, if the business or government agency demonstrates that the cost of providing notice would exceed $100,000 or that the affected class of subject persons to be notified exceeds two hundred thousand, or if the business or government agency does not have sufficient contact information or consent to satisfy paragraph (1), (2), or (3), for only those affected persons without sufficient contact information or consent, or if the business or government agency is unable to identify particular affected persons, for only those unidentifiable affected persons. Substitute notice shall consist of all the following:

(A) Electronic mail notice when the business or government agency has an electronic mail address for the subject persons;

(B) Conspicuous posting of the notice on the website page of the business or government agency, if one is maintained; and

(C) Notification to major statewide media.

(f) In the event a business provides notice to more than one thousand persons at one time pursuant to this section, the business shall notify in writing, without unreasonable delay, the State of Hawaii's office of consumer protection and all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined in 15 U.S.C. section 1681a(p), of the timing, distribution, and content of the notice.

(g) The following businesses shall be deemed to be in compliance with this section:

(1) A financial institution that is subject to the federal Interagency Guidance on Response Programs for Unauthorized Access to Customer Information and Customer Notice published in the Federal Register on March 29, 2005, by the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision, or subject to 12 C.F.R. Part 748, and any revisions, additions, or substitutions relating to the interagency guidance; and

(2) Any health plan or healthcare provider that is subject to and in compliance with the standards for privacy or individually identifiable health information and the security standards for the protection of electronic health information of the Health Insurance Portability and Accountability Act of 1996.

(h) Any waiver of the provisions of this section is contrary to public policy and is void and unenforceable. [L 2006, c 135, pt of §2; am L 2008, c 19, §70]
Haw. Rev. Stat. § 486H-16 — HI Code / Division 2 / Title 26 / Chapter 486H / Section 486H-16
Adjustments.
Status: in_force

(a) A manufacturer, wholesaler, or jobber may petition the commission to adjust the maximum pre-tax wholesale price of regular unleaded, mid-grade, or premium gasoline in the event of a change in the value of the baseline price for regular unleaded gasoline, the marketing margin factor, the mid-grade adjustment factor, the premium adjustment factor, a zone price adjustment on a zone by zone basis, or an allocation of a zone price adjustment on a zone by zone basis. The petitioner shall bear the burden of proof to establish by clear and convincing evidence the need for and the amount of any adjustment. The adjustments shall be determined as follows:

(1) The value of the baseline price shall be equal to the average of the three lowest of the four weekly averages of the spot daily price for conventional regular unleaded gasoline or its equivalent standard:

(A) The weekly average of the spot daily price for conventional regular unleaded gasoline for Los Angeles;

(B) The weekly average of the spot daily price for conventional regular unleaded gasoline for New York Harbor;

(C) The weekly average of the spot daily price for conventional regular unleaded gasoline for the United States Gulf Coast; and

(D) The weekly average of the spot daily price for conventional regular unleaded gasoline for Singapore,

as reported and published by the Oil Price Information Service for the five business days of the preceding week; provided that if the preceding week contains a holiday or holidays, the average of the remaining business days of the preceding week shall be used; and provided further that the commission, in its discretion, may determine a more appropriate baseline or a more appropriate price information reporting service or use multiple price information reporting services;

(2) The value of the marketing margin factor in effect at the time the petition is filed shall be adjusted by adding to the value the difference between:

(A) The average of the difference over the prior twelve-month period between:

(i) The dealer tank wagon price for sales for resale for "regular" gasoline; and

(ii) The bulk price for sales for resale for "regular" gasoline,

for Petroleum Administration for Defense (PAD) District V, as reported and published by the Energy Information Administration or its successor in Table 31 - "Motor Gasoline Prices by Grade, Sales Type, PAD District, and State" or other source containing the same information; less

(B) The average of the difference over the period from 1994 until the most current year between:

(i) The dealer tank wagon price for sales for resale for "regular" gasoline; and

(ii) The bulk price for sales for resale for "regular" gasoline,

for Petroleum Administration for Defense (PAD) District V, as reported and published by the Energy Information Administration or its successor in Table 31 - "Motor Gasoline Prices by Grade, Sales Type, PAD District, and State" or other source containing the same information;

(3) The value of the mid-grade and premium adjustment factors in effect at the time the petition is filed shall be adjusted by any material change in the mid-grade and premium adjustment factor as published by an appropriate price information reporting service; and

(4) The value of any zone price adjustment on a zone by zone basis or zone price adjustment allocation, pursuant to section 486H-13(i), on a zone by zone basis, in effect at the time the petition is filed, shall be adjusted based upon material changes in the operating costs for a zone, such as terminaling, storage, or distribution costs, and other empirical data the commission deems appropriate.

(b) If the commission adjusts the maximum pre-tax wholesale gasoline prices, the commission shall publish its findings and the adjusted prices by means that shall include the internet website for the State of Hawaii.

(c) Regardless of whether a petition has been filed and notwithstanding a determination of the adjustments made pursuant to subsection (a), the commission, in its discretion, may make such other and further adjustments deemed necessary and appropriate to establish maximum pre-tax wholesale gasoline prices that reflect and correlate with competitive market conditions. [L 2002, c 77, pt of §2(1); am L 2004, c 242, §6; am L 2006, c 78, §18]
Haw. Rev. Stat. § 489D-34 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-34
Powers of the commissioner.
Status: in_force

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

(1) Adopt rules pursuant to chapter 91 to implement this chapter;

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

(3) Issue declaratory rulings and informal nonbinding interpretations;

(4) Develop requirements for licensure;

(5) Process and investigate complaints, subpoena witnesses and documents, administer oaths, and receive affidavits and oral testimony, including telephonic communications;

(6) Investigate and conduct hearings, including contested case proceedings under chapter 91, regarding any violation of this chapter, or any rule or order of, or agreement with, the commissioner;

(7) Create fact-finding committees that may make recommendations to the commissioner for the commissioner's deliberations;

(8) Require disclosure of relevant criminal history in accordance with this chapter and conduct criminal history record checks conducted by or through NMLS or pursuant to chapter 846;

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

(10) Require that all revenues, fees, and fines collected by the commissioner under this chapter be deposited into the compliance resolution fund established pursuant to section 26-9(o);

(11) Revoke, suspend, or otherwise limit the license of any money transmitter for any violation of this chapter, or any rule or order of, or agreement with, the commissioner;

(12) Report any violation of this chapter or violation of federal or state law to the Consumer Financial Protection Bureau or other federal agency having jurisdiction over the licensee;

(13) Participate in nationwide protocols for licensing cooperation and coordination among state regulators; and

(14) Do any and all things necessary or incidental to the exercise of the commissioner's power and duties. [L 2006, c 153, pt of §1; am L 2018, c 21, §2; am L 2021, c 108, §8; am L 2022, c 59, §2]

Revision Note

Subsection designation deleted pursuant to §23G-15(1).
Haw. Rev. Stat. § 487-16 — HI Code / Division 2 / Title 26 / Chapter 487 / Section 487-16
Appointment of receiver; powers; limitation.
Status: in_force

(a) If the director initiates any action in circuit court under this chapter against a person for allegedly engaging in unfair or deceptive acts or practices in violation of section 480-2, the court may appoint a receiver for the assets of such person upon application by the director and proof submitted at a hearing on the application which is sufficient to establish that:

(1) The person previously engaged in a pattern of unfair or deceptive acts or practices which resulted in substantial actual damages to consumers;

(2) The person is outside the State or is actually removing or about to remove self or property outside the State or is concealing self or property; or

(3) The appointment of a receiver is necessary to preserve the assets of the person for the benefit of consumers allegedly damaged by the person's unfair or deceptive acts or practices.

(b) Subject to the limitation in subsection (c), a receiver appointed by the court pursuant to subsection (a) may sue for, collect, receive, and take into possession all the goods and chattels, rights, credits, moneys, effects, lands, tenements, books, records, documents, papers, choses in action, bills, notes, and property of every description, including property with which such property has been commingled, which is owned by or owing to the defendant. The receiver may sell, convey, or assign the property and hold or dispose of the proceeds thereof subject to the approval of the court.

(c) Prior to the judgment, the receiver shall exercise such powers enumerated in subsection (b) as may be necessary to preserve the assets of the defendant pending the judgment. [L 1983, c 35, §1]
Haw. Rev. Stat. § 486J-9 — HI Code / Division 2 / Title 26 / Chapter 486J / Section 486J-9
Failure to timely provide information; failure to make and file statements; false statements; penalties; referral to the attorney general.
Status: in_force

(a) The department shall notify those persons who have failed to timely provide the information specified in section 486J-3 or requested by the department under section 486J-3. If, within five business days after being notified of the failure to provide the specified or requested information, the person fails to supply the specified or requested information, the person shall be subject to a civil penalty of not less than $50,000 per day nor more than $100,000 per day for each day the submission of information is refused or delayed.

(b) Any person, or any employee of any person, who wilfully makes any false statement, representation, or certification in any record, report, plan, or other document filed with the department shall be subject to a civil penalty not to exceed $500,000 and shall be deemed to have committed an unfair or deceptive act or practice in the conduct of a trade or commerce and subject to the penalties specified in chapters 480 and 486B.

(c) The department shall refer any matter under subsection (a) or (b) to the attorney general, who may exercise any appropriate legal or equitable remedies that may be available to the State.

(d) For the purposes of this section, "person" means, in addition to the definition contained in section 486J-1, any responsible corporate officer. [L 1997, c 257, pt of §2; am L 2002, c 77, §3(3); am L 2006, c 78, §11; am L 2007, c 182, §8; am L 2010, c 152, §8]
Haw. Rev. Stat. § 481M-15 — HI Code / Division 2 / Title 26 / Chapter 481M / Section 481M-15
Reinstatement of agreement and repossession.
Status: in_force

(a) A lessee who breaches any lease-purchase agreement, including but not limited to the failure to make timely lease payments, shall have the right to reinstate the original lease-purchase agreement without losing any rights or options previously acquired under the lease-purchase agreement if both of the following apply:

(1) Subsequent to having failed to make a timely lease payment, the lessee has promptly surrendered the property to the lessor, in the manner as set forth in the lease-purchase agreement, and if and when requested by lessor; and

(2) Not more than thirty days have passed since the lessee returned the property; provided that if the lessee has made more than sixty per cent of the total number of payments required under the lease-purchase agreement to acquire ownership, the thirty-day period shall be extended to a sixty-day period.

(b) As a condition precedent to reinstatement of the lease-purchase agreement, a lessor may collect a reinstatement fee as set forth in subsection (d).

(c) If reinstatement occurs pursuant to this section, the lessor shall provide the lessee with either the same item leased by the lessee prior to reinstatement or a substitute item of equivalent quality and condition. If a substitute item is provided, the lessor shall provide the lessee with all the information required by section 481M-14.

(d) A reinstatement fee as provided for in this section shall equal the outstanding balance of any accrued missed payments and late charges plus an additional fee not to exceed $5. [L 1997, c 248, pt of §1; am L 2008, c 19, §35]
Haw. Rev. Stat. § 485A-510 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-510
Rescission offers.
Status: in_force

A purchaser, seller, or recipient of investment advice may not maintain an action under section 485A-509 if:

(1) The purchaser, seller, or recipient of investment advice receives in a record, before the action is instituted:

(A) An offer stating the respect in which liability under section 485A-509 may have arisen and fairly advising the purchaser, seller, or recipient of investment advice of that person's rights in connection with the offer, and any financial or other information necessary to correct all material misrepresentations or omissions in the information that was required by this chapter to be furnished to that person at the time of the purchase, sale, or investment advice;

(B) If the basis for relief under this section may have been a violation of section 485A-509(b), an offer to repurchase the security for cash, payable on delivery of the security, equal to the consideration paid, and interest at the legal rate of interest, from the date of the purchase, less the amount of any income received on the security ; or, if the purchaser no longer owns the security, an offer to pay the purchaser upon acceptance of the offer damages in an amount that would be recoverable upon a tender, less the value of the security when the purchaser disposed of it, and interest at the legal rate of interest, from the date of the purchase in cash equal to the damages computed in the manner provided in this subsection;

(C) If the basis for relief under this section may have been a violation of section 485A-509(c), an offer to tender the security, on payment by the seller of an amount equal to the purchase price paid, less income received on the security by the purchaser and interest at the legal rate of interest, from the date of the sale; or if the purchaser no longer owns the security, an offer to pay the seller upon acceptance of the offer, in cash, damages in the amount of the difference between the price at which the security was purchased and the value the security would have had at the time of the purchase in the absence of the purchaser's conduct that may have caused liability and interest at the legal rate of interest, from the date of the sale;

(D) If the basis for relief under this section may have been a violation of section 485A-509(d); and if the customer is a purchaser, an offer to pay as specified in subparagraph (B); or, if the customer is a seller, an offer to tender or to pay as specified in subparagraph (C);

(E) If the basis for relief under this section may have been a violation of section 485A-509(e), an offer to reimburse in cash the consideration paid for the advice and interest at the legal rate of interest, from the date of payment; or

(F) If the basis for relief under this section may have been a violation of section 485A-509(f), an offer to reimburse in cash the consideration paid for the advice, the amount of any actual damages that may have been caused by the conduct, and interest at the legal rate of interest, from the date of the violation causing the loss;

(2) The offer under paragraph (1) states that it must be accepted by the purchaser, seller, or recipient of investment advice within thirty days after the date of its receipt by the purchaser, seller, or recipient of investment advice or any shorter period, of not less than three days, that the commissioner, by order, specifies;

(3) The offeror has the present ability to pay the amount offered or to tender the security under paragraph (1);

(4) The offer under paragraph (1) is delivered to the purchaser, seller, or recipient of investment advice, or sent in a manner that ensures receipt by the purchaser, seller, or recipient of investment advice; and

(5) The purchaser, seller, or recipient of investment advice that accepts the offer under paragraph (1) in a record within the period specified under paragraph (2) is paid in accordance with the terms of the offer. [L 2006, c 229, pt of §1]
Haw. Rev. Stat. § 482E-2 — HI Code / Division 2 / Title 26 / Chapter 482E / Section 482E-2
Definitions.
Status: in_force

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

"Area franchise" means any contract or agreement between a franchisor or subfranchisor whereby the subfranchisor is granted the right to sell or negotiate the sale of franchises in the name or on behalf of the franchisor.

"Commissioner" means the commissioner of securities of the department of commerce and consumer affairs.

"Community interest" means a continuing financial interest between the franchisor and franchisee in the operation of the franchise business.

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

"Franchise" means an oral or written contract or agreement, either expressed or implied, in which a person grants to another person, a license to use a trade name, service mark, trademark, logotype or related characteristic in which there is a community interest in the business of offering, selling, or distributing goods or services at wholesale or retail, leasing, or otherwise, and in which the franchisee is required to pay, directly or indirectly, a franchise fee.

"Franchise broker or selling agent" means a person who directly or indirectly engages in the sale of franchises.

"Franchisee" means a person to whom a franchise is offered or granted.

"Franchise fee" means any fee or charge that a franchisee or subfranchisor is required to pay or agrees to pay for the right to enter into a business or to continue a business under a franchise agreement, including, but not limited to, the payment either in lump sum or by installments of an initial capital investment fee, any fee or charge based upon the amount of goods or products purchased by the franchisee from the franchisor or subfranchisor, any fee or charges based upon a percentage of gross or net sales whether or not referred to as royalty fees, any payment for goods or services, or any training fees or training school fees or charges; however, the following shall not be considered payment of a franchise fee: (1) the purchase or agreement to purchase goods at a bona fide wholesale price; (2) the purchase or agreement to purchase goods by consignment; if, and only if the proceeds remitted by the franchisee from any such sale reflect only the bona fide wholesale price of such goods; (3) a bona fide loan to the franchisee from the franchisor; (4) the purchase or agreement to purchase goods at a bona fide retail price subject to a bona fide commission or compensation plan that in substance reflects only a bona fide wholesale transaction; (5) the purchase or agreement to purchase supplies or fixtures necessary to enter into the business or to continue the business under the franchise agreement at their fair market value; (6) the purchase or lease or agreement to purchase or lease real property necessary to enter into the business or to continue the business under the franchise agreement at the fair market value.

"Franchisor" means a person who grants a franchise to another person.

"Offer or offer to sell" includes every attempt or offer to dispose of or solicitation of an offer to buy a franchise or an interest in a franchise.

"Person" means a natural person, corporation, partnership, trust, or other entity and in the case of an entity, it includes any other entity which has a majority interest in such an entity or effectively controls such other entity as well as the individual officers, directors, and other persons in act of control of the activities of each such entity.

"Sale or sell" includes every contract of sale, contract to sell, or disposition of a franchise.

"Subfranchisor" means a person to whom an area franchise is granted. [L 1974, c 18, pt of §1; am L 1978, c 242, §§1 to 3; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 2004, c 121, §52]
Haw. Rev. Stat. § 487A-3 — HI Code / Division 2 / Title 26 / Chapter 487A / Section 487A-3
Attorney general or director of [the office of] consumer protection to enforce chapter.
Status: in_force

The attorney general or the director of the office of consumer protection may bring an action in the name of the State against any person to restrain and prevent any violation of this chapter.
Haw. Rev. Stat. § 481M-18 — HI Code / Division 2 / Title 26 / Chapter 481M / Section 481M-18
Advertisement of lease-purchase agreement.
Status: in_force

If an advertisement for a lease-purchase agreement refers to or states the dollar amount of any payment and the right to acquire ownership of any one specific item, the advertisement shall also clearly and conspicuously state the following items, as applicable:

(1) That the transaction advertised is a lease-purchase agreement;

(2) The total of payments necessary to acquire ownership; and

(3) That the lessee acquires no ownership rights if the total amount necessary to acquire ownership is not paid.

Any owner or personnel of any medium in which an advertisement appears or through which it is disseminated is not liable under this section.

This section shall not apply to an advertisement which does not refer to or state the amount of any payment, or which is published in the yellow pages of a telephone directory or in any similar directory of business. [L 1997, c 248, pt of §1]
Haw. Rev. Stat. § 484-14 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-14
Judicial review.
Status: in_force

Proceedings for judicial review shall be in accordance with chapter 91.
Haw. Rev. Stat. § 477E-2 — HI Code / Division 2 / Title 26 / Chapter 477E / Section 477E-2
Definitions.
Status: in_force

As used in this chapter:

"Applicant" means any person who initially applies to a creditor directly for a loan or credit, or who directly applies to a creditor for an extension, renewal, or continuation of credit, or applies to a creditor indirectly by use of an existing credit plan for an amount exceeding a previously established credit limit.

"Credit" means the loan of money, or the right granted by a creditor to a debtor to defer payment of debt, or to incur debts and defer payment therefor, or to purchase property or services and defer payment therefor.

"Creditor" means any bank; savings and loan association; trust company; financial services loan company; credit union; mortgage loan originator; mortgage loan originator company; pawnbroker; mutual benefit society or fraternal benefit society; debt adjuster; the issuer of a credit card as defined in section 708-800; any person who initiates, extends, renews, or continues loans of money or credit; any person who regularly arranges for the initiation, extension, renewal, or continuation of a loan of money or credit; or any assignee of an original creditor who participates in the decision to grant, extend, renew, or to continue a loan of money or credit.

"Person" means a natural person, a corporation, government or governmental subdivision or agency, a trust, estate, partnership, cooperative, or association. [L 1975, c 109, pt of §1; am L 1987, c 283, §39; am L 1989, c 266, §3; am L 2008, c 19, §3; am L Sp 2009, c 32, §6; am L 2010, c 84, §25]
Haw. Rev. Stat. § 476-12 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-12
Payment without notice of assignment.
Status: in_force

Unless the buyer has notice of actual assignment of a credit sale contract, payment thereunder made by the buyer to the last known holder of the contract shall be binding upon all subsequent holders or assignees. The notice may be given by first class mail to the address of the buyer as shown in the contract or to the last known address of the buyer.
Haw. Rev. Stat. § 489E-4 — HI Code / Division 2 / Title 26 / Chapter 489E / Section 489E-4
Prospective application.
Status: in_force

This chapter shall apply to any electronic record or electronic signature created, generated, sent, communicated, or received on or after June 28, 2000.

Revision Note

"June 28, 2000" substituted for "the effective date of this chapter".
Haw. Rev. Stat. § 480-5 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-5
Requirements and output contracts; tying agreements.
Status: in_force

No person shall sell or buy any commodity, or fix a price or discount from, or rebate upon, such price, on the condition, agreement, or understanding that the other person or persons shall not deal in the commodity of a competitor of the seller, or shall not deal with the competitor of the purchaser, as the case may be, when the effect of the sale or purchase or the condition, agreement, or understanding, may be to substantially lessen competition or tend to create a monopoly in any line of commerce in any section of the State.
Haw. Rev. Stat. § 486K-4 — HI Code / Division 2 / Title 26 / Chapter 486K / Section 486K-4
Safe or security box for valuables; limitation of liability for deposited valuables.
Status: in_force

(a) If the keeper of any hotel provides a safe or vault in its office at the hotel for the safekeeping of any valuables belonging to the guests of the hotel, and prominently posts a notice in the room or rooms occupied by the guest stating that a safe or vault is provided in which valuables may be deposited and if any guest neglects to deliver valuables to the person in charge of the safe or vault, the keeper of the hotel shall not be liable in any sum for any loss of valuables sustained by the guest by theft or otherwise unless the loss is due to the negligence or fault of the keeper of the hotel. If the guest delivers valuables to the person in charge of the office for deposit in the safe or vault, the keeper shall not be liable for any loss sustained by the guest by theft or otherwise in any sum exceeding $500; provided that the keeper's liability is limited to $500 only if:

(1) The keeper gives a receipt for the valuables on a form which states, in type large enough to be clearly noticeable, that the keeper is not liable for any loss exceeding $500 except by special agreement in writing in which the keeper agrees to accept liability for losses in excess of $500; and

(2) The loss is not due to the negligence or fault of the keeper of the hotel.

The keeper may accept liability for losses in excess of $500 by special agreement in writing between a guest and the keeper or the keeper's duly authorized representative.

(b) If the keeper of a hotel provides a security box in the room of any guest and prominently posts a notice stating that a security box is provided in which valuables may be deposited and explains the liability for losses therefrom, the keeper of the hotel shall not be liable in any sum for any loss sustained by the guest unless the loss is due to the negligence or fault of the keeper of the hotel. [L 1978, c 234, pt of §3; am L 1981, c 83, §2; gen ch 1985; am L 2008, c 19, §64]
Haw. Rev. Stat. § 489X-1 — HI Code / Division 2 / Title 26 / Chapter 489X / Section 489X-1
Sale of adult entertainment products; view.
Status: in_force

(a) Any person or business selling adult entertainment products on premises open to the general public shall:

(1) Obscure the adult entertainment products from view from any location off the premises;

(2) Segregate the adult entertainment products from other products sold on the premises, if any; and

(3) Obscure the adult entertainment products from view from any location on the premises where other products are sold by use of a curtain, screen, or other device.

(b) For the purposes of this section:

"Adult entertainment product" means any merchandise that is pornographic as defined in section 712-1210.

"Premises" means any building, structure, or place, or any separate part or portion thereof.

(c) Any person who violates this section shall be fined $100 for each violation. [L 2006, c 32, §1]
Haw. Rev. Stat. § 489P-3 — HI Code / Division 2 / Title 26 / Chapter 489P / Section 489P-3
Security freeze by consumer reporting agency.
Status: in_force

(a) Any consumer who is a resident of this State may place a security freeze on the consumer's credit report. A consumer credit reporting agency shall not charge a fee for placing, lifting, or removing a security freeze on a credit report.

A consumer who is a resident of this State may place a security freeze on the consumer's credit report by making a request to a consumer credit reporting agency, at an address, telephone number, or website designated by the consumer credit reporting agency to receive such requests, by any of the following methods:

(1) First-class mail;

(2) Telephone call; or

(3) Secure website.

A security freeze shall prohibit the consumer credit reporting agency from releasing the consumer's credit report or any information from it without the express authorization of the consumer. This subsection shall not prevent a consumer credit reporting agency from advising a third party that a security freeze is in effect with respect to the consumer's credit report.

(b) A consumer reporting agency shall place a security freeze on a consumer's credit report no later than five business days after receiving a written request from the consumer.

(c) The consumer reporting agency shall send a written confirmation of the security freeze to the consumer within ten business days of placing the security freeze and shall provide the consumer with a unique personal identification number or password, other than the consumer's social security number, to be used by the consumer when providing authorization for the release of the consumer's credit report for a specific party, parties, or period of time.

(d) If the consumer wishes to allow access to the consumer's credit report for a specific party, parties, or period of time while a freeze is in place, the consumer shall contact the consumer reporting agency at a point of contact designated by the agency using the procedures that may be developed by the consumer reporting agency, request that the freeze be temporarily lifted, and provide the following:

(1) Clear and proper identification;

(2) The unique personal identification number or password provided by the consumer reporting agency; and

(3) Clear and proper information regarding the third party, parties, or time period for which the report shall be available to users of the credit report.

(e) A consumer reporting agency may develop procedures involving the use of telephone, fax, the Internet, or other electronic media to receive and process a request from a consumer to temporarily lift a freeze on a credit report in an expedited manner.

(f) A consumer reporting agency that receives a request from a consumer to temporarily lift a freeze on a credit report shall comply with the request no later than three business days after receiving the request.

(g) A consumer reporting agency shall remove or temporarily lift a security freeze placed on a consumer's credit report only in the following cases:

(1) Upon consumer request; or

(2) When the consumer's credit report was frozen due to a material misrepresentation of fact by the consumer.

If a consumer reporting agency removes a security freeze upon a consumer's credit report pursuant to this subsection, the consumer reporting agency shall send a written confirmation of the removal of the security freeze to the consumer within five business days of removing the security freeze on the consumer's credit report.

(h) If a third party requests access to a credit report on which a security freeze is in effect and this request is in connection with an application for credit or any other use and the consumer does not allow the consumer's credit report to be accessed by that specific party or for that period of time, the third party may treat the application as incomplete.

(i) If a consumer requests a security freeze, the consumer reporting agency shall disclose to the consumer the process of placing and temporarily lifting a security freeze and the process for allowing access to information from the consumer's credit report for a specific party, parties, or period of time while the security freeze is in place.

(j) A security freeze shall remain in place until the consumer requests that the security freeze be removed. A consumer reporting agency shall remove a security freeze within three business days of receiving a request for removal at a point of contact designated by the agency using procedures that may be developed by the consumer reporting agency; provided that the consumer shall provide the following:

(1) Clear and proper identification; and

(2) The unique personal identification number or password provided by the consumer reporting agency pursuant to subsection (c).

(k) A consumer reporting agency shall require clear and proper identification of the person making a request to place or remove a security freeze.

(l) The provisions of this section, including the security freeze, do not apply to the use of a consumer’s credit report by the following:

(1) A person, or the person's subsidiary, affiliate, agent, or assignee with which the consumer has or, prior to assignment, had an account, contract, or debtor-creditor relationship for the purposes of reviewing the account or collecting the financial obligation owing for the account, contract, or debt, or extending credit to a consumer with a prior or existing account, contract, or debtor-creditor relationship. For purposes of this subsection, "reviewing the account" includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements;

(2) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted for purposes of facilitating the extension of credit or other permissible use;

(3) Any person acting pursuant to a court order, warrant, or subpoena;

(4) A child support enforcement agency when investigating a child support case pursuant to Title IV-D of the Social Security Act (42 U.S.C. sections 651 to 669b);

(5) The department of the attorney general or county prosecuting attorneys or their agents or assignees acting to investigate medicaid fraud;

(6) The department of taxation, county taxing authorities, or any of their agents or assignees, acting to investigate or collect delinquent taxes or assessments, including interest and penalties, unpaid court orders, or to fulfill any of their other statutory or charter responsibilities;

(7) The use of credit information for the purposes of prescreening as provided by the federal Fair Credit Reporting Act (15 U.S.C. sections 1681 to 1681x);

(8) Any person for the sole purpose of providing a credit file monitoring subscription service to which the consumer has subscribed;

(9) A person for the sole purpose of providing a consumer with a copy of the consumer's credit report upon the consumer's request; and

(10) Any person or entity using a credit report in setting or adjusting a rate, adjusting a claim, or underwriting for insurance purposes. [L 2006, c 138, pt of §1; am L 2007, c 189, §1; am L 2018, c 22, §4]
Haw. Rev. Stat. § 480-22 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-22
Judgment in favor of the State as evidence in private action; suspension of limitation.
Status: in_force

(a) A final judgment or decree rendered in any civil or criminal proceeding brought by the State under this chapter shall be prima facie evidence against the defendant in any action or proceeding brought by any other party under this chapter, or by the State, county, or any of its political subdivisions or governmental agencies, under section 480-14, against the defendant as to all matters respecting which the judgment or decree would be an estoppel between the parties thereto. This section shall not apply to consent judgments or decrees entered before any complaint has been filed; provided that when a consent judgment or decree is filed, the attorney general shall set forth at the same time the alleged violations and reasons for entering into the consent judgment or decree. No consent judgment or decree that is entered before any complaint has been filed shall become final until sixty days from the filing of the consent judgment or decree or until the final determination of any exceptions filed, as hereinafter provided, whichever is later. During the sixty-day period any interested party covered under section 480-13 may file verified exceptions to the form and substance of the consent judgment or decree, and the court, upon a full hearing thereon may approve, refuse to approve, or may modify the consent judgment or decree.

(b) A plea of nolo contendere and a final judgment or decree rendered pursuant to that plea in any criminal action under this chapter shall not be admissible against the defendant in any action or proceeding brought by any other party under this chapter, or by the State, county, or any of its political subdivisions or governmental agencies, under section 480-14 against the defendant.

(c) Whenever any civil or criminal proceeding is instituted by the State to prevent, restrain, or punish violations of this chapter, but not including an action under section 480-14, the running of the statute of limitations in respect of every private right of action arising under the laws and based in whole or in part on any matter complained of in the proceeding shall be suspended during the pendency thereof and for one year thereafter. [L 1961, c 190, §20; Supp, §205A-20; HRS §480-22; am L 1981, c 181, §1; am L 2001, c 79, §3; am L 2008, c 19, §7]
Haw. Rev. Stat. § 480-8 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-8
Interlocking directorates and relationships.
Status: in_force

(a) From and after February 21, 1962, no person shall be at the same time a director, officer, partner, or trustee in any two or more firms, partnerships, trusts, associations, or corporations or any combination thereof, engaged in whole or in part in commerce, if such firms, partnerships, trusts, associations, or corporations or any combination thereof, are or shall have been theretofore, by virtue of their business and location of operation, competitors, so that the elimination of competition by agreement between them would constitute a violation of this chapter.

(b) From and after February 21, 1962, no person shall be at the same time a director, officer, partner, or trustee in any two or more noncompeting firms, trusts, partnerships, or corporations or any combination thereof, any one of which has a total net worth aggregating more than $100,000, or a total net worth of all of the business entities aggregating more than $300,000, engaged in whole or in part in trade or commerce in this State where the effect of a merger between such business entities whether legally possible or not may be substantially to lessen competition or to tend to create a monopoly in any line of commerce in any section of the State. The total net worth herein mentioned with reference to a corporation shall consist of the capital, surplus, and undivided profits; the total net worth with reference to a firm or partnership shall consist of the capital account; and the total net worth with reference to a trust shall consist of the principal of the trust.

This subsection shall not apply to an interlocking directorship between a bank doing a banking business and any other business firm or entity.

(c) No person shall by the use of a representative or representatives effectuate the result prohibited in the preceding subsections where the act or acts of the representative or representatives acting in their capacities as directors, officers, partners, or trustees of such business entities indicate an attempt, directly or indirectly, to manipulate the conduct of the business entities to the detriment of any of such entities and to the benefit of any other entity in which such person has an interest.

(d) The validity or invalidity of any act of any director, officer, or trustee done by such director, officer, or trustee while occupying such position in violation of this section shall be determined by the statutory and common law of the State relating to corporations, trusts, or associations except that it shall not be affected by section 1-6. The nonapplicability of section 1-6 is limited to this section only.

The attorney general may bring an action at any time to cause a director, officer, or trustee who may be occupying such position in violation of this section, to vacate the office or offices to effectuate the termination of the prohibited interlocking relationship. The attorney general or any person affected by any act or acts of the director, officer, or trustee may move to cause the director, officer, or trustee who may be occupying such position in violation of this section to vacate the office or offices to effectuate the termination of the prohibited interlocking relationship, in any action or proceeding in which the person affected, and any such director, officer, or trustee, or the legal entities in which the director, officer, or trustee holds office are parties to the action or proceeding, without the necessity of bringing a separate action to try title to office. The court upon finding that a director, officer, or trustee is holding office in contravention of this section shall order the person to terminate the interlocking relationship, and in the case of a trustee, the court may, when it deems appropriate, order the attorney general to institute proceedings for the removal of the trustee from the trustee's office, and the findings of the court of the violation of this section by the trustee shall be a sufficient cause of action to maintain the proceeding. Any remedy provided in this section shall not limit and is in addition and cumulative to any other remedy available under any other section of this chapter or any other law. [L 1961, c 190, §6; Supp, §205A-6; HRS §480-8; gen ch 1985]
Haw. Rev. Stat. § 480-15 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-15
Injunction by attorney general or the director of the office of consumer protection.
Status: in_force

The attorney general may bring proceedings to enjoin any violation of this chapter; provided that the director of the office of consumer protection may also bring proceedings to enjoin any violation of section 480-2.
Haw. Rev. Stat. § 482B-9 — HI Code / Division 2 / Title 26 / Chapter 482B / Section 482B-9
Severability.
Status: in_force

If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Haw. Rev. Stat. § 486-24 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-24
Stop-use, stop-sale, hold, and removal orders.
Status: in_force

The administrator may issue citations and, incident thereto, stop-use, hold, and removal orders with respect to measures and measurement standards being, or susceptible of being, unlawfully used; and issue citations and, incident thereto, stop-sale, hold and removal orders with respect to packages or consumer commodities kept, offered, or exposed for sale, sold, or in process of delivery, whenever in the course of the administrator's enforcement of the law the administrator determines that such measure or measurement standard or packages or consumer commodities do not comply with this chapter or the rules adopted thereunder, and no person shall use, sell, remove, or move from the premises, as specified, any measure, measurement standard, package, or amount of commodity contrary to the terms of a stop-use, stop-sale, hold, or removal order issued under this section.
Haw. Rev. Stat. § 484-17 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-17
Jurisdiction.
Status: in_force

Dispositions of subdivided lands are subject to this chapter, and the circuit courts of this State have jurisdiction in claims or causes of action arising under this chapter, if:

(1) The subdivided lands offered for disposition are located in this State; or

(2) The subdivider's principal office is located in this State; or

(3) Any offer or disposition of subdivided lands is made in this State, whether or not the offeror or offeree is then present in this State, if the offer originates within this State or is directed by the offeror to a person or place in this State and received by the person or at the place to which it is directed. [L 1967, c 223, §17; HRS §484-17]
Haw. Rev. Stat. § 486-53 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-53
Violations; penalties.
Status: in_force

Any person who commits any of the prohibited acts or omits any of the prescribed acts, herein required or required in any rule adopted by the board shall be subject to the penalties provided in section 486-32. Each day that a violation exists, or is continued, or continues to exist, shall be construed as a separate punishable offense.
Haw. Rev. Stat. § 487J-1 — HI Code / Division 2 / Title 26 / Chapter 487J / Section 487J-1
Definitions.
Status: in_force

As used in this chapter:

"Affiliated" means businesses or persons who have contractual arrangements with, or are subject to the control of, the pharmacy benefit manager.

"Business" means a sole proprietorship, partnership, limited partnership, corporation, limited liability company, association, or any other form of business entity. The term also includes a financial institution organized, chartered, or holding a license or authorization certificate under the laws of this State, any other state, the United States, or any other country, or the parent or the subsidiary of any such financial institution. The term also includes an entity whose business is records destruction.

"Employee benefit plan" means any plan as defined in title 29 United States Code section 1002(3), as amended.

"Government agency" means any department, division, board, commission, public corporation, or other agency or instrumentality of the State or of any county.

"Health benefits plan" has the same meaning as in section 87A-1.

"Health information" has the same meaning as in title 45 Code of Federal Regulations section 160.103, as may be amended.

"Managed care plan" has the same meaning as in section 432E-1.

"Marketing" means making a communication about a product or service that encourages a recipient of the communication to purchase or use the product or service.

"Personal information" has the same meaning as in section 487N-1.

"Redacted" means the rendering of data so that it is unreadable or is truncated so that no more than the last four digits of the identification number are accessible as part of the data.

"Pharmacy benefit manager" means any person, business, or entity that performs pharmacy benefit management, including but not limited to a person or entity under contract with a pharmacy benefit manager to perform pharmacy benefit management on behalf of a managed care company, nonprofit hospital or medical service organization, insurance company, third-party payor, or health program administered by the State.

"Scan" or "scanning" means to access the machine-readable zone of an individual's Hawaii identification card or driver's license with an electronic device capable of deciphering, in an electronically readable format, information electronically encoded on an individual's Hawaii identification card or driver's license. [L 2006, c 137, pt of §2; am L Sp 2008, c 10, §3; am L 2012, c 191, §2; am L 2013, c 225, §3]

Revision Note

In the definition of "health information", "title" added before "45 Code of Federal Regulations".

In this section, "pharmacy benefit manager" substituted for "pharmacy benefits manager" and "pharmacy benefit management" substituted for "pharmacy benefits management".
Haw. Rev. Stat. § 482D-6 — HI Code / Division 2 / Title 26 / Chapter 482D / Section 482D-6
Quality marks; identifying trademarks.
Status: in_force

(a) No article of merchandise bearing a quality or fineness mark made in whole or in part of gold or silver or of an alloy of either metal shall be sold, offered for sale, imported into, or exported from the State unless it is stamped with a trademark that has been registered under the laws of the United States or applied for registration within thirty days of being imported or offered for sale in the State.

(b) Every article of merchandise which is composed of two or more parts which are complete in themselves but which are not identical in quality, and any one of the parts bears a quality mark or stamp, each other part of that article of merchandise shall bear a quality mark or stamp of like pattern and size disclosing the quality of that other part.

(c) Each identifying trademark applied to any article of merchandise in compliance with this section shall be applied in a position as close as possible to the quality mark or stamp and shall be as clear and legible as the quality mark. [L 1990, c 343, pt of §2]
Haw. Rev. Stat. § 480F-3 — HI Code / Division 2 / Title 26 / Chapter 480F / Section 480F-3
Authorized fees.
Status: in_force

No check casher shall charge fees in excess of the following amounts:

(1) Five per cent of the face amount of the check or $5, whichever is greater;

(2) Three per cent of the face amount of the check or $5, whichever is greater, if the check is the payment of any kind of state public assistance or federal social security benefit payable to the bearer of the check;

(3) Ten per cent of the face amount of a personal check or money order, or $5, whichever is greater; or

(4) No more than $10 to set up an initial account and issue an optional membership or identification card, and no more than $5 for a replacement optional identification card. [L 1999, c 146, pt of §1; am L 2001, c 20, §1; am L 2021, c 56, §8]
Haw. Rev. Stat. § 489E-16 — HI Code / Division 2 / Title 26 / Chapter 489E / Section 489E-16
Transferable records.
Status: in_force

(a) In this section, "transferable record" means an electronic record that:

(1) Would be a note under article 3 of the Uniform Commercial Code or a document under article 7 of the Uniform Commercial Code if the electronic record were in writing; and

(2) The issuer of the electronic record expressly has agreed is a transferable record.

(b) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.

(c) A system satisfies subsection (b), and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that:

(1) A single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in paragraphs (4), (5), and (6), unalterable;

(2) The authoritative copy identifies the person asserting control as:

(A) The person to which the transferable record was issued; or

(B) If the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred;

(3) The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;

(4) Copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;

(5) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and

(6) Any revision of the authoritative copy is readily identifiable as authorized or unauthorized.

(d) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in section 490:1-201 of the Uniform Commercial Code, of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Uniform Commercial Code, including, if the applicable statutory requirements under section 490:3-302(a), 490:7-501, or 490:9-330 of the Uniform Commercial Code are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and indorsement are not required to obtain or exercise any of the rights under this subsection.

(e) Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under chapter 490.

(f) If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record. [L 2000, c 282, pt of §1; am L 2001, c 55, §25; am L 2004, c 162, §4]
Haw. Rev. Stat. § 481H-8 — HI Code / Division 2 / Title 26 / Chapter 481H / Section 481H-8
Remedies.
Status: in_force

(a) Any violation of the provisions of this chapter shall constitute unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce under section 480-2.

(b) The penalty provided in subsection (a) is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this State. [L 1991, c 260, pt of §1; am L 2008, c 19, §22]
Haw. Rev. Stat. § 486-102 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-102
Systems of measurement.
Status: in_force

The United States customary system of weights and measures and the metric system of measurement are jointly recognized, and either one or both shall be used for all measurement purposes in the State. The definitions of basic units of measure, the tables of measure and measure equivalents, the specifications, tolerances and other technical requirements for measuring devices, as published by the National Institute of Standards and Technology and adopted, or modified and adopted by the board, together with the measurement standards provided for herein, are recognized and shall govern measurement standards, measuring equipment and measuring transactions in the State.
Haw. Rev. Stat. § 486H-7 — HI Code / Division 2 / Title 26 / Chapter 486H / Section 486H-7
Right to sue.
Status: in_force

Any person who is injured in the person's business or property by reason of a violation of section 486H-5 may sue in any court having jurisdiction in the county where the defendant resides or is found, or where any agent of the defendant resides or is found, or where service may be obtained, without respect to the amount in controversy, to recover the damages sustained by the person, and the person shall be awarded, if judgment is rendered in the person's favor, attorney's fees together with the costs of the suit. Any action brought pursuant to this section shall be commenced within four years after the cause of action accrued.
Haw. Rev. Stat. § 485A-606 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-606
Rules, forms, orders, [interpretative] opinions, and hearings.
Status: repealed

(a) The commissioner may adopt, amend, and repeal, pursuant to chapter 91, such rules as may be necessary to carry out the purposes of this chapter. Notwithstanding this subsection, the commissioner may adopt, amend, and repeal forms and orders necessary to implement this chapter without regard to chapter 91. No form or order shall be adopted, amended, or repealed without regard to chapter 91, unless the commissioner finds that the action is in the public interest, necessary or appropriate for the protection of investors, and consistent with the purposes of this chapter.

(b) Subject to section 15(h) of the Securities Exchange Act (15 U.S.C. 780) and section 222 of the Investment Advisers Act of 1940 (15 U.S.C. 806-18a), the commissioner may require that a financial statement filed under this chapter be prepared in accordance with generally accepted accounting principles in the United States and comply with other requirements specified by rule adopted or order issued under this chapter. A rule adopted or order issued under this chapter may establish:

(1) Subject to section 15(h) of the Securities Exchange Act (15 U.S.C. 780) and section 222 of the Investment [Advisers] Act of 1940 (15 U.S.C. 806-18a), the form and content of financial statements required under this chapter;

(2) Whether unconsolidated financial statements must be filed; and

(3) Whether required financial statements must be audited by an independent certified public accountant.

(c) The commissioner may provide interpretative opinions or issue determinations that the commissioner will not institute a proceeding or an action under this chapter against a specified person for engaging in a specified act, practice, or course of business if the determination is consistent with this chapter. A rule adopted or order issued under this chapter may establish a reasonable charge for interpretative opinions or determinations that the commissioner will not institute an action or a proceeding under this chapter.

(d) A hearing in an administrative proceeding under this chapter shall be conducted in public unless the commissioner for good cause consistent with this chapter determines that the hearing will not be so conducted. [L 2006, c 229, pt of §1]
Haw. Rev. Stat. § 485A-803 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-803
[ §485A-803] Immunity for governmental disclosures.
Status: in_force

[ §485A-803] Immunity for governmental disclosures. A qualified person who, in good faith and exercising reasonable care, makes a disclosure of information pursuant to section 485A-802 shall be immune from administrative or civil liability that might otherwise arise from the disclosure or for any failure to notify the commissioner of the disclosure.
Haw. Rev. Stat. § 486N-5 — HI Code / Division 2 / Title 26 / Chapter 486N / Section 486N-5
Contents of contracts.
Status: in_force

In addition to all other requirements of this chapter, every health club contract shall include the following:

(1) The name and address of the health club;

(2) The name and address of the buyer; and

(3) A list of the names and addresses of other clubs, if the contract is transferable for use at other facilities. [L 1984, c 161, pt of §1]
Haw. Rev. Stat. § 480-3.1 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-3.1
Civil penalty.
Status: in_force

Any person, firm, company, association, or corporation violating any of the provisions of section 480-2 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 director of the office of consumer protection on behalf of the State. The penalties provided in this section are cumulative to the remedies or penalties available under all other laws of this State. Each day that a violation of section 480-2 occurs shall be a separate violation.
Haw. Rev. Stat. § 485A-410 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-410
Filing fees.
Status: in_force

(a) A person shall pay a fee of $200 when initially filing an application for registration as a broker-dealer and a fee of $200 when filing a renewal of registration as a broker-dealer.

(b) The fee for an individual is $50 when filing an application for registration as an agent, a fee of $50 when filing a renewal of registration as an agent, and a fee of $50 when filing for a transfer of registration as an agent.

(c) A person shall pay a fee of $100 when filing an application for registration as an investment adviser and a fee of $100 when filing a renewal of registration as an investment adviser.

(d) The fee for an individual is $50 when filing an application for registration as an investment adviser representative, a fee of $50 when filing a renewal of registration as an investment adviser representative, and a fee of $50 when filing for a transfer of registration as an investment adviser representative.

(e) A federal covered investment adviser required to file a notice under section 485A-405 shall pay an annual fee of $100.

(f) A person required to pay a fee under this section may transmit the fee through or to a designee of the commissioner as provided in a rule adopted or order issued under this chapter.

(g) The fee for copies of documents filed in the office of the commissioner shall be 25 cents per page. [L 2006, c 229, pt of §1]
Haw. Rev. Stat. § 488-1 — HI Code / Division 2 / Title 26 / Chapter 488 / Section 488-1
Definitions.
Status: in_force

As used in this chapter:

"Accumulation or payment of money" or "accumulates funds" means the payment of funds by a member to the plan.

"Commissioner" means the insurance commissioner of the department of commerce and consumer affairs.

"Legal service plan" or "plan" means any arrangement by which a person as defined in section 431:1-212, or entity, not otherwise authorized to engage in the practice of law, offers to provide or arranges for the provision of legal services in exchange for any valuable consideration that is paid to the plan.

"Plan administrator" means those persons who have discretionary authority for the management of the plan or for the collection, management, or disbursement of plan moneys. [L 1976, c 156, pt of §1; am L 1982, c 204, §8; am L 1992, c 19, §1; am L 2008, c 19, §73; am L 2010, c 47, §1(1); am L 2011, c 186, §3]

Revision Note
Haw. Rev. Stat. § 486N-9 — HI Code / Division 2 / Title 26 / Chapter 486N / Section 486N-9
List of equipment and services required.
Status: in_force

Every health club shall provide to each buyer prior to the time the buyer signs the contract, a written list of equipment or services which are or will be available for use by the buyer at the health club, including any conditions or restrictions on the availability of the equipment or services.
Haw. Rev. Stat. § 486B-1.5 — HI Code / Division 2 / Title 26 / Chapter 486B / Section 486B-1.5
Monitoring of petroleum industry information.
Status: in_force

The public utilities commission or the department of business, economic development, and tourism shall refer to the attorney general any matter that is a violation of this chapter that is discovered in the performance of its duties pursuant to chapter 486H or 486J.
Haw. Rev. Stat. § 486-104 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-104
Secondary standards and equipment.
Status: in_force

The State shall supply secondary standards and other equipment as is necessary to carry out the provisions of this chapter. These standards shall be verified upon their initial receipt and at least once a year thereafter by comparison with:

(1) The state standards; or

(2) Upon written authorization of the administrator, suitable standards of another laboratory that is recognized or accredited by the National Institute of Standards and Technology as capable of providing traceable measurements at the level of accuracy and precision necessary to verify the secondary standards and equipment. [L 1991, c 153, pt of §6; am L 2001, c 31, §1]
Haw. Rev. Stat. § 489-22 — HI Code / Division 2 / Title 26 / Chapter 489 / Section 489-22
Private cause of action.
Status: in_force

Any person who is injured by an unlawful discriminatory practice under this part may bring proceedings to enjoin the unlawful discriminatory practice, and if the decree is for the plaintiff, the plaintiff shall be awarded reasonable attorneys' fees, the cost of suit, and $100. Any action under this part shall be subject to the jurisdiction of the district courts as provided in chapter 604, and may be commenced and conducted in the small claims division of the district court.
Haw. Rev. Stat. § 486-110 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-110
Method of sale of commodities; general.
Status: in_force

Except as otherwise provided in this chapter, or by firmly established trade custom and practice, or exempted by a rule of the board:

(1) Commodities in liquid form shall be sold by liquid measure or weight; and

(2) Commodities not in liquid form shall be sold by weight, mass, volume, length, area, or by count;

provided that liquid commodities shall be sold by weight and commodities not in liquid form shall be sold by measures other than weight, when such methods give accurate information as to the quantity of commodity sold. All methods of sale shall provide accurate and adequate quantity information that permits the buyer to make price and quantity comparisons. The board may adopt such reasonable rules as may be necessary to assure that the measure of any commodity for sale reflects accurate information and fair measurement practices to all concerned. [L 1991, c 153, pt of §6]
Haw. Rev. Stat. § 481B-1.6 — HI Code / Division 2 / Title 26 / Chapter 481B / Section 481B-1.6
Offers of gifts or prizes; unlawful.
Status: in_force

(a) It shall be an unlawful practice under this chapter for any person to enforce or attempt to enforce an agreement to purchase, lease, or rent a consumer product if the offer to sell, lease, or rent was conducted in a manner not in compliance with the requirements of this chapter.

(b) It shall be an unlawful practice under this chapter for any person to offer a gift, prize, or award by means of written notice sent through the mail or by telephone with the intent to sell, lease, or rent a consumer product, or to initiate the sale, lease, or rental of a consumer product when, at the time of the offer, the consumer product and all the material terms of the sale, lease, or rental transaction, including the price, handling, shipping, delivery, or any other fee, are not clearly and conspicuously disclosed.

(c) It shall be an unlawful practice for any person to offer a gift, prize, or award by means of written notice sent through the mail or by telephone with the intent to receive a payment of any money when, at the time of the offer, all of the material terms of the transaction, including handling, shipping, delivery, or any other fee, are not clearly and conspicuously disclosed and the consumer is requested to:

(1) Further the transaction by calling a 900 number or "pay per call"; or

(2) Send payment of any money to receive or redeem the prize.

(d) Any offer of a prize made by means of written notice sent through the mail or by telephone shall include:

(1) Information on the odds of being able to receive the prize or if the odds are not calculable in advance, the factors used in calculating the odds;

(2) A statement that no purchase or payment is required to win a prize or to participate in a prize promotion; and

(3) Instructions on how to participate without purchase or payment including an address or toll-free telephone number to which a consumer may write or call for information on how to participate.

(e) It shall be an unlawful practice and a violation of this chapter for any person, in any contest or sweepstakes in which the winning entry or entries are to be determined by a drawing or some other method based on an element of chance to:

(1) Promote a contest or sweepstakes in which some or all of the prizes may not be awarded, or to fail to award all prizes or awards offered, unless the person makes the following disclosures to each offeree in writing and in a conspicuous manner prior to the acceptance of the offeree's entry:

(A) That some or all of the prizes may not be awarded; and

(B) The date or dates on which a determination of winners will be made; or

(2) Offer a prize of real property unless the offeror files and maintains with the director of commerce and consumer affairs a bond in a sum not less than $10,000, executed by the offeror, and naming the director as the obligee and a surety company authorized to do business in the State as surety. The bond shall be continuous in form and conditioned upon the award of the real property to an eligible participant. The bond shall run to the State for the benefit of any person who failed to receive the real property due to the failure of the offeror to award the real property pursuant to the terms of the offer. The surety may cancel the bond by giving sixty days' notice in writing to the director of commerce and consumer affairs. Upon cancellation or expiration of the bond, the surety shall remain liable for any claims against the bond for a period of one year; provided that the claim arose while the bond was in effect and the director of commerce and consumer affairs notifies the surety of any claims within ninety days of discovery of the claim. [L 1996, c 64, §1; am L 1999, c 239, §1; am L 2008, c 19, §12]
Haw. Rev. Stat. § 481M-14 — HI Code / Division 2 / Title 26 / Chapter 481M / Section 481M-14
Information required in disclosure.
Status: in_force

(a) For each lease-purchase agreement, the lessor shall disclose in the agreement the following items, as applicable:

(1) The total number, total amount, and timing of all payments necessary to acquire ownership of the property;

(2) A statement that the lessee shall not own the property until the lessee has made the total payment necessary to acquire ownership;

(3) A statement that the lessee shall be responsible for the fair market value of the property if, and as of the time, it is lost, stolen, damaged, or destroyed;

(4) A brief description of the leased property sufficient to identify the property to the lessee and the lessor, including an identification number, if applicable, and a statement indicating whether the property is new or used; provided that a statement that indicates that new property is used property does not violate this chapter;

(5) A brief description of any damages to the leased property;

(6) A statement of the cash price of the property. If the agreement involves a lease of two or more items as a set in one agreement, a statement of the aggregate cash price of all items is sufficient;

(7) The total of initial payments made or required at or before consummation of the agreement or delivery of the property, whichever is later;

(8) A statement that the total of payments shall not include other charges, such as delivery, taxes, late payment, pickup, and reinstatement fees, which fees shall be separately disclosed in the agreement;

(9) A statement clearly summarizing the terms of the lessee's option to purchase, including a statement that the lessee has the right to exercise an early-purchase option and the price, formula, or method for determining the price at which the property may be so purchased;

(10) A statement identifying the party responsible for maintaining or servicing the property while it is being leased, together with a description of that responsibility, and a statement that if any part of a manufacturer's express warranty covers the leased property at the time the lessee acquires ownership of the property, the warranty shall be transferred to the lessee, if allowed by the terms of the warranty;

(11) The date of the transaction and the identities of the lessor and lessee;

(12) A statement that the lessee may terminate the agreement without penalty by voluntarily surrendering or returning the property in good repair, ordinary wear and tear excepted, upon expiration of any lease term along with any past due rental payments; and

(13) Notice of the right to reinstate an agreement as provided in this chapter.

(b) In addition to the disclosures required pursuant to this section, the lessor shall also make the following disclosure:

NOTICE TO LESSEE--READ BEFORE SIGNING

(1) DO NOT SIGN THIS BEFORE YOU READ THE ENTIRE AGREEMENT INCLUDING ANY WRITING ON THE REVERSE SIDE, EVEN IF OTHERWISE ADVISED.

(2) DO NOT SIGN THIS IF IT CONTAINS ANY BLANK SPACES.

(3) YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN.

(4) YOU HAVE THE RIGHT TO EXERCISE ANY EARLY BUY-OUT OPTION AS PROVIDED IN THIS AGREEMENT. EXERCISE OF THIS OPTION MAY RESULT IN A REDUCTION OF YOUR TOTAL COST TO ACQUIRE OWNERSHIP UNDER THIS AGREEMENT.

(5) IF YOU ELECT TO MAKE WEEKLY RATHER THAN MONTHLY PAYMENTS AND EXERCISE YOUR PURCHASE OPTION, YOU MAY PAY MORE FOR THE LEASED PROPERTY.

(c) With respect to matters specifically governed by the federal Consumer Credit Protection Act (15 U.S.C. sections 1601 to 1674), compliance with that Act satisfies the requirements of this section. [L 1997, c 248, pt of §1; am L 2008, c 19, §34]
Haw. Rev. Stat. § 482E-5 — HI Code / Division 2 / Title 26 / Chapter 482E / Section 482E-5
General provisions.
Status: in_force

(a) Every person selling franchises in this State shall at all times keep and maintain a complete set of books, records, and accounts of such sales and shall thereafter at such times as are required by the director make and file in the office of the director a report setting forth the franchises sold by it and the proceeds derived therefrom.

(b) It is unlawful for any person in connection with the offer, sale, or purchase of any franchise directly or indirectly:

(1) To make any untrue statement of a material fact in any offering circular or report filed with the director under this chapter or wilfully to omit to state in any offering circular or report, any material fact which is required to be stated therein.

(2) To sell or offer to sell a franchise in this State by means of any written or oral communication which includes an untrue statement of a material fact or omits to state a material fact necessary in order to make the statements made in light of the circumstances under which they were made not misleading.

(3) To employ any device, scheme, or artifice to defraud.

(4) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.

(5) To violate any order of the director.

(c) Any person who is engaged or hereafter engaged directly or indirectly in the sale of a franchise or in business dealings concerning a franchise, either in person or in any other form of communication, shall be subject to this chapter, shall be amenable to the jurisdiction of the courts of this State, and shall be amenable to the service of process as provided by law and rule. Every person who sells a franchise in this State shall file with the director in such form as the director by rule prescribes, an irrevocable consent appointing the commissioner or the commissioner's successor in office to be the person's attorney, to receive service or any lawful process in any noncriminal suit, action, or proceeding against the person or the person's successor, executor, administrator, or personal representative which arises under this chapter or any rule or order hereunder after the consent has been filed, with the same force and validity as if served personally on the person filing consent. A person who has filed such a consent in connection with a previous sale under this law need not file another. Service may be made by leaving a copy of the process in the office of the commissioner but is not effective unless:

(1) The plaintiff, who may be the director, in a suit, action, or proceeding instituted by the plaintiff forthwith sends notice of the service and a copy of the process by registered or certified mail to the defendant or respondent at the defendant's or respondent's last address on file with the director; and

(2) The plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further times the court allows.

(d) In any proceeding under this chapter, the burden of proving an exception or an exemption from a definition is upon the person claiming it. [L 1974, c 18, pt of §1; am L 1976, c 200, pt of §1; am L 1978, c 242, §6; gen ch 1985; am L 2004, c 121, §53]
Haw. Rev. Stat. § 482-28 — HI Code / Division 2 / Title 26 / Chapter 482 / Section 482-28
Cancellation.
Status: in_force

The director shall cancel the registration of a mark if the director receives a request for cancellation from the registrant or assignee of record or when a court of competent jurisdiction orders cancellation of a registration.
Haw. Rev. Stat. § 476-20 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-20
Referral sales.
Status: in_force

Any sale of goods, services, or both, subject to this chapter, in which part of the inducement offered by the seller is a rebate, discount, commission, or other consideration exceeding forty per cent of the total sale price to be given the buyer when the buyer either sells, or gives information leading to a sale by the seller, of the same or related goods, services, or both, whether the inducement was written or oral, may be canceled by the buyer within fifteen business days after the date the contract is signed by the parties.

Upon cancellation the buyer shall have the right to receive immediate refund of all payments made and redelivery of all goods traded in to the seller on account of or in contemplation of the contract.

When the seller or holder has returned all money or property given by the buyer in the transaction, the buyer shall tender the goods to the seller or, where the latter would be impracticable or inequitable or the seller has performed services for the buyer, the buyer shall tender to the seller the reasonable value of the goods or services. At the buyer's option, tender of goods may be made at the location of the goods or at the buyer's residence. Tender of money shall be made at the designated place of business of the seller or holder. If the seller or holder does not take possession of the money or property within twenty calendar days after the buyer's tender, the buyer may keep it without further obligation.

In the alternative, if the buyer does not exercise the right to cancel a referral sale, the buyer shall have with respect thereto the remedies provided in section 476-21. [L 1984, c 86, pt of §1]
Haw. Rev. Stat. § 484-11 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-11
Investigations and proceedings.
Status: in_force

(a) The director of commerce and consumer affairs may:

(1) Make necessary public or private investigations within or outside of this State to determine whether any person has violated or is about to violate this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder;

(2) Require or permit any person to file a statement in writing, under oath or otherwise as the director determines, as to all the facts and circumstances concerning the matter to be investigated.

(b) For the purpose of any investigation or proceeding under this chapter, the director or any officer designated by rule may administer oaths or affirmations, and upon its own motion or upon request of any party shall subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence.

(c) Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the director may apply to the circuit court for an order compelling compliance.

(d) Except as otherwise provided in this chapter, all proceedings under this chapter shall be in accordance with chapter 91. [L 1967, c 223, §11; HRS §484-11; am L 1982, c 204, §8; am L 1983, c 124, §17]
Haw. Rev. Stat. § 486B-6 — HI Code / Division 2 / Title 26 / Chapter 486B / Section 486B-6
Remedies cumulative.
Status: in_force

The remedies prescribed in this chapter are cumulative and in addition to any other remedies provided by law.
Haw. Rev. Stat. § 481P-7 — HI Code / Division 2 / Title 26 / Chapter 481P / Section 481P-7
Other relief available.
Status: in_force

The relief provided in this chapter is in addition to remedies otherwise available for the same conduct under the common law or other state or federal statutes or rules.
Haw. Rev. Stat. § 481K-5 — HI Code / Division 2 / Title 26 / Chapter 481K / Section 481K-5
Other remedies.
Status: in_force

(a) Nothing in this chapter shall in any way limit the rights or remedies available to consumers, or to the State under any other law.

(b) Any agreement entered into by a consumer for the purchase or lease of an assistive device that waives, limits, or disclaims any of the rights set forth in this chapter shall be void as contrary to public policy.

(c) In addition to pursuing other remedies, a consumer may bring an action to recover damages caused by a violation of this chapter. The court shall award a consumer who prevails in the action twice the amount of any pecuniary loss, together with costs, disbursements, and reasonable attorney fees, and any equitable relief that the court may determine is appropriate. A failure by a manufacturer to provide the warranty required by section 481K-2 or the notice provided by section 481K-4 shall constitute prima facie evidence of an unfair or deceptive act or practice under chapter 480. Any action brought under this chapter by a consumer must be initiated within one year following the expiration of the warranty period. [L 1997, c 282, pt of §1]
Haw. Rev. Stat. § 481B-4 — HI Code / Division 2 / Title 26 / Chapter 481B / Section 481B-4
Remedies.
Status: in_force

Any person who violates this chapter shall be deemed to have engaged in an unfair method of competition and unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2.
Haw. Rev. Stat. § 476-23 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-23
Credit upon anticipation of payments.
Status: in_force

Notwithstanding any provisions of a credit sale contract to the contrary, a buyer, upon five days' prior notice to the holder, may satisfy in full at any time before maturity the debt of the contract and in so satisfying the debt shall receive a refund credit thereon for such anticipation of payments, if the finance charge has been paid in advance. The amount of the refund shall represent at least as great a proportion of the total finance charge, less an acquisition cost of $10, as the sum of the periodical time balances, after the day of prepayment, bears to the sum of all the periodical time balances under the schedule of payments in the contract. When the amount of the credit for anticipation of payments is less than $1, no refund need be made.
Haw. Rev. Stat. § 489P-2 — HI Code / Division 2 / Title 26 / Chapter 489P / Section 489P-2
Definitions.
Status: in_force

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

"Consumer credit reporting agency" or "consumer reporting agency" means any person who, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing credit reports to third parties, but does not include any governmental agency whose records are maintained primarily for law enforcement or licensing purposes.

"Credit report" means any written, oral, or other communication of any credit information by a consumer reporting agency, as defined in the federal Fair Credit Reporting Act, which operates or maintains a database of consumer credit information bearing on a consumer's credit worthiness, credit standing, or credit capacity.

"Security freeze" means a notice placed in a credit report at the request of the consumer or the protected consumer's representative. [L 2006, c 138, pt of §1; am L 2018, c 22, §3]
Haw. Rev. Stat. § 484-2 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-2
Administration.
Status: in_force

This chapter shall be administered by the director of commerce and consumer affairs.
Haw. Rev. Stat. § 487-9 — HI Code / Division 2 / Title 26 / Chapter 487 / Section 487-9
Investigations.
Status: in_force

The director in the course of the director's investigations may subpoena witnesses, examine them under oath, and require the production of books, papers, documents, or objects which the director deems relevant to the investigation. Service of the subpoena may be made personally within this State, but if personal service cannot be obtained, substituted service may be made on any witness over whom the courts can exercise jurisdiction pursuant to chapter 634, in the following manner:

(1) Personal service outside the State;

(2) Mailing by registered or certified mail to the last known place of business, residence, or abode within or without this State of the person to be served;

(3) As to any person other than a natural person, in the manner provided in the Hawaii rules of civil procedure as if a complaint had been filed; or

(4) Such service as the circuit court may direct in lieu of personal service within this State.

Upon application by the director, obedience to the subpoena may be enforced by the circuit courts of this State in the county where the person subpoenaed resides or is found in the same manner as a subpoena issued by the clerk of a circuit court. If the person is a nonresident or has no principal place of business within this State, obedience to the subpoena may also be enforced by a circuit court of this State in the county where the subpoena was issued. The director may conduct hearings in aid of any investigation or inquiry, and may prescribe forms and adopt rules as may be necessary in the interest of the consumer public. [L 1969, c 175, §9; am L 1976, c 94, §1; gen ch 1985; am L 1998, c 200, §1]
Haw. Rev. Stat. § 481D-2 — HI Code / Division 2 / Title 26 / Chapter 481D / Section 481D-2
Insurance, salvage, removal, going out of business, creditor's, and other special sales; sale of damaged goods; notice required; exceptions.
Status: in_force

No person shall directly or indirectly advertise or cause to be advertised, represent or cause to be represented, or hold out to the public in any manner that any sale of goods is an insurance, salvage, removal, going out of business, insolvent's, assignee's, or creditor's sale of goods, or that it is a sale of goods which have been damaged by fire, smoke, water, or otherwise, without first posting a notice as provided in this chapter, if that person:

(1) Has inventory which includes one hundred or more items, each costing $100 or more; or

(2) Has placed advertising having a list or fair market value of $10,000 or more.

This section shall not apply to any sales made under the direction of any court or trustee in bankruptcy, or to any person acting under the direction and supervision of state or federal courts in the course of their official duties. This section shall not apply to any sales by a person regularly engaged in insurance or salvage of goods, or sale of goods which have been damaged by fire, smoke, water, or otherwise, who acquired the goods for the account of others as a result of fire or other casualty. [L 1994, c 98, pt of §1; am L 1996, c 271, §§2(2), 3]
Haw. Rev. Stat. § 481K-4 — HI Code / Division 2 / Title 26 / Chapter 481K / Section 481K-4
Nonconformity disclosure requirement.
Status: in_force

No assistive device returned by a consumer or assistive device lessor in this State or another state shall be sold or leased in this State unless the nature of the defect experienced by the original buyer or lessee is clearly and conspicuously disclosed on a separate document that must be signed by the manufacturer and the purchaser or lessor and must be in ten-point, capitalized type, in substantially the following form:

"IMPORTANT: THIS DEVICE WAS RETURNED TO THE MANUFACTURER BECAUSE A DEFECT(S) COVERED BY A MANUFACTURER'S WARRANTY WAS NOT REPAIRED AFTER A REASONABLE OPPORTUNITY FOR REPAIR AS PROVIDED BY HAWAII LAW."
Haw. Rev. Stat. § 481M-17 — HI Code / Division 2 / Title 26 / Chapter 481M / Section 481M-17
Renegotiation for new agreement and extensions.
Status: in_force

(a) A renegotiation shall occur when an existing lease-purchase agreement is satisfied and replaced by a new agreement undertaken by the same lessor and lessee. A renegotiation shall be considered a new agreement requiring new disclosures.

(b) The following events shall not be treated as renegotiations:

(1) The addition or return of property in a multiple-item agreement or in the substitution of the leased property, if in either case the average payment allocable to a payment period is not changed by more than twenty-five per cent;

(2) A deferral or extension of one or more periodic payments, or portions of a periodic payment;

(3) A reduction in charges in the lease or agreement; or

(4) A lease or agreement involved in a court proceeding.

(c) No disclosures are required for any extension of a lease-purchase agreement. [L 1997, c 248, pt of §1; am L 2008, c 19, §36]
Haw. Rev. Stat. § 481-24 — HI Code / Division 2 / Title 26 / Chapter 481 / Section 481-24
Advertising or display requirements.
Status: in_force

Any person who represents by sign, window display, label, advertising, or any other means that the person sells goods sold by or manufactured for the government of the United States or any agency or department thereof, shall, with equal prominence and in the same manner, make known by appropriate descriptive term the merchandising class of such goods. Without prejudice to the generality of the foregoing, the person shall use the terms "Used", "Rejects", "Reclaimed", "Reconditioned", "Seconds", "Irregulars", "Damaged", or the like, where any such term may be applicable.
Haw. Rev. Stat. § 481A-4 — HI Code / Division 2 / Title 26 / Chapter 481A / Section 481A-4
Remedies.
Status: in_force

(a) A person likely to be damaged by a deceptive trade practice of another may be granted an injunction against it under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of profits, or intent to deceive is not required. Relief granted for the copying of an article shall be limited to the prevention of confusion or misunderstanding as to source.

(b) Costs shall be allowed to the prevailing party unless the court otherwise directs. The court may award attorneys' fees to the prevailing party if (1) the party complaining of a deceptive trade practice has brought an action which the party knew to be groundless, or (2) the party charged with a deceptive trade practice has wilfully engaged in the trade practice knowing it to be deceptive.

(c) The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this State. [L 1969, c 187, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 480-15.1 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-15.1
Penalty.
Status: in_force

Any person, firm, company, association, or corporation violating an injunctive order to cease and desist from violating any provisions of this chapter shall be fined by a sum not less than $500 nor more than $10,000, which sum shall be collected in a civil action brought by the attorney general or the director of the office of consumer protection on behalf of the State. Each separate violation of any such order shall be a separate offense, except that in the case of a violation through continuing failure or neglect to obey a final order of the court, each day of continuance of such failure shall constitute a separate offense.
Haw. Rev. Stat. § 484-7 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-7
Notice of filing; inquiry and examination.
Status: in_force

Upon receipt of a complete application for registration in proper form, including all standardized application forms, if any, prescribed by the director, the director shall issue a notice of filing to the applicant subject to section 484-20, and forthwith initiate an examination to determine that:

(1) The subdivider can convey or cause to be conveyed the interest in subdivided lands offered for disposition if the purchaser complies with the terms of the offer, and when appropriate, that release clauses, conveyances in trust, or other safeguards have been provided;

(2) There is reasonable assurance that all proposed improvements will be completed as represented;

(3) The advertising material and the general promotional plan are not false or misleading and comply with the standards prescribed by the rules adopted by the director and afford full and fair disclosure;

(4) The subdivider has not, or if a corporation, its officers, directors, and principals have not, been convicted of a crime involving land dispositions or any aspect of the land sales business in this State, [the] United States, or any other state or foreign country within the past ten years and has not been subject to any injunction or administrative order within the past ten years restraining a false or misleading promotional plan involving land dispositions;

(5) The public offering statement requirements of this chapter and the rules have been satisfied;

(6) The purchaser has a seven-day period, after signing a contract to purchase subdivided lands from the subdivider, to rescind the contract at no penalty to the purchaser, and the subdivider has established a mechanism by which the purchaser will receive and sign a receipt for a written notice of such rescission right and the receipt will be deposited with the escrow agent; and

(7) Preliminary or final subdivision approval has been granted by the county in which the land is situated. [L 1967, c 223, §7; HRS §484-7; am L 1983, c 175, §6; am L 1992, c 132, §6]
Haw. Rev. Stat. § 481H-3 — HI Code / Division 2 / Title 26 / Chapter 481H / Section 481H-3
Requirement for sale, lease or distribution.
Status: in_force

No water treatment unit that claims to reduce or eliminate the concentration of one or more health related contaminants in water supplies intended for human consumption may be sold or leased, offered for sale or lease, distributed, or installed in the State unless the unit has been tested using industry accepted product testing protocols or protocols that utilize technically valid methodology using United States Environmental Protection Agency analytical testing methods for drinking water quality and maximum contaminant levels, or their equivalent.
Haw. Rev. Stat. § 481X-8 — HI Code / Division 2 / Title 26 / Chapter 481X / Section 481X-8
Contractual liability insurance policies.
Status: in_force

(a) Contractual liability insurance policies in this State shall provide that if covered service is not provided by the service contract provider or administrator within sixty days of proof of loss by the contract holder, the contract holder is entitled to apply directly to the contractual liability insurance company for services under the service contract that are covered under the policy.

(b) A contractual liability insurance policy insurer shall not terminate the policy until it has issued a notice of termination required by the commissioner under the insurance laws of this State. The termination of a contractual liability insurance policy shall not reduce the insurer's responsibility for service contracts issued by providers prior to the date of termination.

(c) A provider covered by a contractual liability insurance policy shall be considered the agent of the contractual liability insurance policy insurer, for purposes of determining duties owed by the insurer to contract holders in accordance with the service contract and this chapter.

(d) Insurers issuing reimbursement insurance to providers are deemed to have received the premiums for the insurance upon the payment of provider fees by consumers for service contracts issued by the insured provider. [L 2000, c 221, pt of §2]
Haw. Rev. Stat. § 485A-609 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-609
Appeals to court, first circuit; time; bonds; costs; decree; further appeal.
Status: in_force

(a) An appeal may be taken by any aggrieved person from any final order of the commissioner to the circuit court of the first circuit in the manner provided in chapter 91. The appellant shall execute a bond in the penal sum of $1,000 to the State, with sufficient surety, to be approved by the commissioner or the court, conditioned upon the faithful prosecution of the appeal to final judgment, and the payment of all such costs as shall be adjudged against the appellant.

(b) The appeal shall be conducted without a jury and confined to the record, and it may be given precedence by the court over other matters pending in the court.

(c) If the order of the commissioner is reversed the court shall by its mandate specifically direct the commissioner as to the commissioner's further action in the matter, including the making and entering of any order or orders in connection therewith, and the conditions, limitations, or restrictions to be therein contained; provided that the commissioner shall not thereby be barred from thereafter revoking or altering the order for any proper cause which may thereafter accrue or be discovered.

(d) If the order is affirmed, the appellant shall not be barred after thirty days from filing a new application; provided the application is not otherwise barred or limited.

(e) The appeal shall not in any way suspend the operation of the order appealed from during the pendency of the appeal unless upon proper order of the commissioner or the court.

(f) An appeal may be taken from the decree of the circuit court to the supreme court. [L 2006, c 229, pt of §1]
Haw. Rev. Stat. § 486-31 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-31
Enforcement; citation and notice to appear; penalty; right of entry and inspection; stopping vehicles.
Status: in_force

Any authorized inspector or other authorized measurement standards personnel may, upon arresting any person for violation of this chapter, including rules adopted thereunder, take the name, address, and any other pertinent information of the person and issue the person a citation and notice to appear, printed in the form hereinafter described, and answer to the charge against the person at a certain place and at a time as prescribed by the district courts.

There shall be a form of citation and notice to appear for use in citing violators of this chapter and the rules adopted thereunder by the board, which does not mandate the taking into custody of such violators. The form and contents of the citation and notice to appear shall be as adopted or prescribed by the district courts.

In every case when a citation and notice to appear is issued, it shall be consistent with the provisions established by the district courts. Every citation and notice to appear shall be consecutively numbered and each carbon copy shall bear the number of its respective original.

Any person who fails to appear at the place and within the time specified in the citation and notice to appear shall be guilty of a violation as provided in the penal code.

Any authorized inspector may cite and, incident to such citation, seize, without formal warrant, incorrect or unsealed measures, measurement standards, or amounts or packages of commodity found to be used, retained, offered, or exposed for sale or sold in violation of law.

Any authorized inspector may stop any vehicle subject to this chapter where probable cause exists and require the driver to move the vehicle to a designated place for inspection.

Any authorized inspector may enter and go into or upon at any reasonable time, without formal warrant, after having made a reasonable attempt to identify the inspector in accordance with the law, any structure, premises, or any other place where commercial transactions or articles subject to this chapter are being conducted or are located, provided that, when competent authority objects to the entry, a warrant shall be obtained prior to entry.

When a complaint is made to any prosecuting officer of the violation of any of the parts of this chapter and the arrest or prosecution of the violator is sought, the arresting officer or employee who issued the citation and notice to appear shall subscribe to it under oath administered by an official, whose name has been submitted to the prosecuting officer and who has been designated by the administrator to administer oaths and, upon probable cause, the court may issue a warrant for the violator. [L 1988, c 156, pt of §3; am L 1991, c 153, §17]
Haw. Rev. Stat. § 481D-5 — HI Code / Division 2 / Title 26 / Chapter 481D / Section 481D-5
Violations.
Status: in_force

Any person who violates or attempts to violate any provision of this chapter shall be deemed to have engaged in an unfair or deceptive act or practice in the conduct of trade or commerce within the meaning of section 480-2.
Haw. Rev. Stat. § 481B-16 — HI Code / Division 2 / Title 26 / Chapter 481B / Section 481B-16
Protection of military; lending practices.
Status: in_force

(a) The director of commerce and consumer affairs may enforce title 10 United States Code section 987, (section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007, Public Law No. 109-364), and federal regulations promulgated thereunder, including but not limited to title 32 Code of Federal Regulations part 232.

(b) The director of commerce and consumer affairs may enter into an agreement with the United States Federal Trade Commission to allow the director to access the Military Sentinel Network maintained by the Federal Trade Commission for the purpose of enforcing subsection (a). [L 2012, c 249, §2]
Haw. Rev. Stat. § 482-31 — HI Code / Division 2 / Title 26 / Chapter 482 / Section 482-31
Infringement.
Status: in_force

Subject to section 482-53, any person who:

(1) Uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this part in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in which such use is likely to cause confusion or mistake, or to deceive, as to the source of origin of such goods or services; or

(2) Reproduces, counterfeits, copies, or colorably imitates a mark registered under this part and applies such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used on or in connection with the sale or other distribution in this State of such goods or services;

shall be liable in a civil action by the registrant for any and all of the damages and remedies provided in section 482-33; provided that under paragraph (2) the registrant shall not be entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion, mistake, or to deceive. [L 2001, c 15, pt of §1; am L 2008, c 108, §13]
Haw. Rev. Stat. § 480D-5 — HI Code / Division 2 / Title 26 / Chapter 480D / Section 480D-5
Remedies not exclusive.
Status: in_force

The remedies provided for in this chapter are in addition to and not exclusive of any other remedies provided by law.
Haw. Rev. Stat. § 485A-305 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-305
Denial, suspension, and revocation of securities registration.
Status: in_force

(a) The commissioner may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, a registration statement if the commissioner finds that the order is in the public interest and that:

(1) The registration statement as of its effective date or before the effective date in the case of an order denying effectiveness, an amendment under section 485A-304(j) as of its effective date, or a report under section 485A-304(i), is incomplete in a material respect or contains a statement that, in the light of the circumstances under which it was made, was false or misleading with respect to a material fact;

(2) This chapter, or a rule adopted or order issued under this chapter, or a condition imposed under this chapter has been wilfully violated in connection with the offering by the person filing the registration statement; by the issuer, a partner, officer, or director of the issuer or a person having a similar status or performing a similar function; by a promoter of the issuer; or by a person directly or indirectly controlling or controlled by the issuer, but only if the person filing the registration statement is directly or indirectly controlled by or acting for the issuer, by an underwriter;

(3) The security registered or sought to be registered is the subject of a permanent or temporary injunction of a court of competent jurisdiction or an administrative stop order or similar order issued under any federal, foreign, or state law other than this chapter applicable to the offering; provided that the commissioner may not institute a proceeding against an effective registration statement under this paragraph:

(A) More than one year after the date of the order or injunction on which it is based; or

(B) On the basis of an order or injunction issued under the securities act of another state unless the order or injunction was based on conduct that would constitute, as of the date of the order, a ground for a stop order under this section;

(4) The issuer's enterprise or method of business includes or would include activities that are unlawful where performed;

(5) The applicant or registrant has not paid the filing fee; provided that the commissioner shall void the order if the deficiency is corrected; or

(6) The offering:

(A) Will work or tend to work a fraud upon purchasers;

(B) Has been or would be made with unreasonable amounts of underwriters' and sellers' discounts, commissions, or other compensation, or promoters' profits or participations, or unreasonable amounts or kinds of options; or

(C) Is being made on terms that are unfair, unjust, or inequitable.

(b) The commissioner may not institute a stop order proceeding against an effective registration statement on the basis of conduct or a transaction known to the commissioner when the registration statement became effective unless the proceeding is instituted within thirty days after the registration statement became effective.

(c) The commissioner may summarily revoke, deny, postpone, or suspend the effectiveness of a registration statement pending final determination of an administrative proceeding. Upon the issuance of the order, the commissioner shall promptly notify each person specified in subsection (d) that the order has been issued, the reasons for the revocation, denial, postponement, or suspension, and that within fifteen days after the receipt of a request in a record from the person, the matter will be scheduled for a hearing. If a hearing is not requested and none is ordered by the commissioner within thirty days after the date of service of the order, the order becomes final. If a hearing is requested or ordered, the commissioner, after notice of and opportunity for hearing for each person subject to the order, may modify or vacate the order or extend the order until final determination. During the pendency of any hearing requested under this subsection, the order shall remain in effect unless vacated or modified by the commissioner; provided that any penalty shall not take effect until the final order is issued.

(d) A stop order shall not be issued under this section without:

(1) Appropriate notice to the applicant or registrant, the issuer, and the person on whose behalf the securities are to be or have been offered;

(2) An opportunity for hearing; and

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

(e) The commissioner may modify or vacate a stop order issued under this section if the commissioner finds that the conditions that caused its issuance have changed or that it is necessary or appropriate in the public interest or for the protection of investors. The modification or vacation shall not be subject to a hearing or chapter 91. [L 2006, c 229, pt of §1]
Haw. Rev. Stat. § 482D-4 — HI Code / Division 2 / Title 26 / Chapter 482D / Section 482D-4
Standard of fineness of silver articles; deviation.
Status: in_force

(a) The actual variation of fineness of silver or alloy of articles made in whole or in part of silver or its alloys shall not be less by more than .004 parts than the actual fineness indicated by any mark (other than the word "sterling" or the word "coin") stamped upon any part of the article.

(b) No article shall be stamped with the word "ster", "sterling", or "sterling silver" or any colorable imitation thereof, unless the article contains .925 parts pure silver.

(c) No article shall be stamped with the words "coin" or "coin silver" or any colorable imitation thereof, unless the article contains .900 parts pure silver; provided, however:

(1) That in the case of all articles whose fineness is indicated by the word "sterling" or the word "coin" there shall be allowed a divergence in the fineness of .004 parts from these standards;

(2) That in any test for the ascertainment of the fineness of any article mentioned in this section that part of the article taken for the test shall be such part as does not contain any solder or alloy of inferior fineness used for brazing or uniting the parts of such article; and

(3) That in the case of any article mentioned in this section in addition to the foregoing tests and standards, the actual fineness of the entire quantity of silver or of its alloys contained in the articles, including all solder and alloy of inferior fineness used for brazing or uniting the parts of such article (all such silver, alloys, and solder being assayed as one piece), shall not be less by more than .010 parts than the fineness indicated by the mark stamped upon the article. [L 1990, c 343, pt of §2]
Haw. Rev. Stat. § 480E- — HI Code / Division 2 / Title 26 / Chapter 480E / Section 480E-
[ §480E- 12] Criminal penalties.
Status: in_force

[ §480E- 12] Criminal penalties. Any person who violates section 480E-10 is guilty of a class C felony and, in addition to any other penalties, shall be fined $10,000.
Haw. Rev. Stat. § 481A-1 — HI Code / Division 2 / Title 26 / Chapter 481A / Section 481A-1
Title.
Status: in_force

This chapter may be cited as the Uniform Deceptive Trade Practice Act.
Haw. Rev. Stat. § 480E-4 — HI Code / Division 2 / Title 26 / Chapter 480E / Section 480E-4
Right to cancel a distressed property consultant contract.
Status: reserved

(a) A distressed property consultant contract shall contain, immediately before the space reserved for all the distressed property owners' signatures, the following notice of right to cancel a distressed property consultant contract in a type size no smaller than fourteen-point boldface type, completed with the name of the distressed property consultant:

"YOU, THE OWNER, MAY CANCEL THIS TRANSACTION AT ANY TIME BEFORE THE DISTRESSED PROPERTY CONSULTANT HAS FULLY PERFORMED EACH AND EVERY SERVICE THE DISTRESSED PROPERTY CONSULTANT CONTRACTED TO PERFORM OR REPRESENTED WOULD BE PERFORMED. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.

(Name of the distressed property consultant) (or anyone working for or with the distressed property consultant) CANNOT:

(1) Take any money from you or ask you for money until (Name of the distressed property consultant) has completely finished doing everything (Name of the distressed property consultant) said he or she would do; or

(2) Ask you to sign or have you sign any lien, encumbrance, mortgage, assignment, or deed unless the lien, encumbrance, mortgage, assignment, or deed is fully described including all disclosures required by law."

(b) A distressed property consultant contract shall be accompanied by the following notice of cancellation form, in duplicate, attached to the contract and easily detachable, in a type size no smaller than fourteen-point boldface type, completed with the date the contract was last signed, the name of the distressed property consultant, and the address where the notice of cancellation is to be delivered:

"NOTICE OF CANCELLATION

(Enter date contract last signed)

(Date)

YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME BEFORE THE DISTRESSED PROPERTY CONSULTANT HAS FULLY PERFORMED EACH AND EVERY SERVICE THE DISTRESSED PROPERTY CONSULTANT CONTRACTED TO PERFORM OR REPRESENTED WOULD BE PERFORMED.

TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS NOTICE OF CANCELLATION, OR ANY OTHER WRITTEN NOTICE OF CANCELLATION TO (Name of distressed property consultant) AT (Address where notice of cancellation is to be delivered) .

I HEREBY CANCEL THIS TRANSACTION.

________________________________

(Date)

_____________________________

(Owner's signature)"
Haw. Rev. Stat. § 486-114 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-114
Advertising packages for sale.
Status: in_force

Whenever a package is advertised in any manner, excluding its labeling, and the retail price of the package is stated in the advertisement, there shall be closely and conspicuously associated with such statement of price a declaration of the basic quantity of contents of the package as is required by law or rule to appear on the package; provided that, where the law or rule requires a dual declaration of net quantity to appear on the package, only the declaration that sets forth the quantity in terms of the smaller unit of measure (the declaration that is required to appear first and without parentheses on the package) need appear in the advertisement; and provided further that there shall not be included as part of the declaration required under this section such qualifying terms as "when packed", "minimum", "not less than", or other terms of similar import, nor any term qualifying a unit of measure (for example, "jumbo", "giant", "full", and the like) that tends to exaggerate the amount of commodity in the package.
Haw. Rev. Stat. § 481-6 — HI Code / Division 2 / Title 26 / Chapter 481 / Section 481-6
When sale at less than cost permitted.
Status: in_force

Sections 481-3 to 481-5 shall not apply to any sale made:

(1) In closing out in good faith the owner's stock or any part thereof for the purpose of discontinuing the owner's trade in any such stock or commodity, and in the case of the sale of seasonal goods, or to the bona fide sale of perishable goods to prevent loss to the vendor by spoilage or depreciation, provided notice is given to the public thereof;

(2) When the goods are damaged or deteriorated in quality, and notice is given to the public thereof;

(3) By an officer acting under the orders of any court;

(4) In an endeavor made in good faith to meet the lawful prices of a competitor, as herein defined, selling the same article or product, or service or output of a service trade, in the same locality or trade area;

(5) By the government or any agency thereof, of the United States, the State, or any county, or by post exchanges or ships' service stores operating under and in accordance with United States army or naval regulations.

In case of any sale at less than cost which does not fall within (1) to (5) of this section, the burden of proof shall be on the defendant to show that the sale was not made for the purpose of injuring competitors and destroying competition within the meaning of this part.

Any person, firm, or corporation who performs work upon, renovates, alters, or improves any personal property belonging to another person, firm, or corporation, shall be construed to be a vendor within the meaning of this part. [L 1937, c 223, §6; am L 1941, c 175, §2; RL 1945, §9326; am L 1955, c 241, §1(c); RL 1955, §205-7; HRS §481-6; gen ch 1985]
Haw. Rev. Stat. § 482D-3 — HI Code / Division 2 / Title 26 / Chapter 482D / Section 482D-3
Standard of fineness of gold articles; deviation.
Status: in_force

The actual fineness of gold or alloy shall not be less by more than .003 parts than the fineness indicated by the mark stamped upon any part of the article; provided, however, that:

(1) In any test for the ascertainment of the fineness of any article mentioned in this chapter, the part of the article taken for the test, shall be the portion as does not contain any solder or alloy of inferior fineness used for brazing or uniting the parts of the article; and

(2) The actual fineness of the entire quantity of gold or of its alloys contained in an article including all solder and alloy of inferior fineness used for brazing or uniting the parts of the article (all gold, alloys, and solder being assayed as one piece), shall not be less by more than .003 parts, in the case of a watchcase or flatware, or than .007 parts, in the case of any other article, than the fineness indicated by the mark stamped upon the article. [L 1990, c 343, pt of §2]
Haw. Rev. Stat. § 486M-2 — HI Code / Division 2 / Title 26 / Chapter 486M / Section 486M-2
Record of transactions.
Status: in_force

(a) Every dealer, or the agent, employee, or representative of the dealer, shall, immediately upon receipt of any article, record the following information, on an electronic recordkeeping form or a paper form authorized by the chief of police in each county:

(1) The name and address of the dealer;

(2) The name, residence address, date of birth, and age of the person from whom the article was received;

(3) The date and time the article was received by the dealer;

(4) The signature of the person from whom the article was received;

(5) The Hawaii driver's license number, or if the person does not possess a Hawaii driver's license, the number of and description of any government issued identification that bears a photograph of the person from whom the article was received;

(6) A photograph of the person from whom the article was received;

(7) Either a complete and accurate description of the article received, including all markings, names, initials, inscriptions, and unique identifying markings, such as serial numbers or emblem numbers, or photographs accurately depicting the article received, including all markings, names, initials, inscriptions, and unique identifying markings, such as serial numbers or emblem numbers;

(8) A reasonable estimate of the fineness and weights of the precious and semiprecious metals and precious and semiprecious gems received;

(9) The price paid by the dealer for each article; and

(10) A signed copy of any pawn transaction agreement made pursuant to part V of chapter 445, if any.

(b) Upon request and at the discretion of the chief of police of each county, copies of all completed forms required by this section shall be surrendered, mailed, or electronically inputted and transmitted via modem or by facsimile transmittal to the chief of police or to the chief of police's authorized representative. The chief of police of each county or the chief of police's authorized representative shall determine the method of submission for recordkeeping, whether the submissions be by electronic forms or paper forms; provided that, in any county with a population of five hundred thousand or more, completed forms shall be submitted free of charge through a webpage, online service, or online application established by the county police department or any other agency as designated by the county.

(c) The requirements for a photograph of the person from whom the article was received, the submission of recordkeeping by electronic means through a webpage, online service, or online application, and the submission of a photograph of the person from whom the article was received shall not apply to any dealer, or dealer's agent, employee, or representative, where the dealer first obtained a pawnbroker or secondhand license on or before January 1, 2002, and has continuously operated a pawnbroker or secondhand business that is open to the public and has a physical address since January 1, 2002. [L 1982, c 282, pt of §2; gen ch 1985; am L 1991, c 120, pt of §1; am L 1998, c 99, §2; am L 2000, c 92, §2; am L 2022, c 108, §3]
Haw. Rev. Stat. § 481G-5 — HI Code / Division 2 / Title 26 / Chapter 481G / Section 481G-5
Notice of termination, cancellation, or nonrenewal.
Status: in_force

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

(1) Voluntary abandonment of the dealership relationship by the dealer;

(2) Conviction of the dealer of a crime involving the business conducted pursuant to the dealership; or

(3) Adjudication of bankruptcy of the dealer, or the dealer becoming insolvent in the sense that the dealer cannot meet financial obligations when due. [L 1983, c 285, pt of §1]
Haw. Rev. Stat. § 485A-103 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-103
References to federal statutes.
Status: in_force

"Securities Act of 1933" (15 U.S.C. 77a et seq.), "Securities Exchange Act of 1934" (15 U.S.C. 78a et seq.), "Public Utility Holding Company Act of 1935" (15 U.S.C. 79 et seq.), "Investment Company Act of 1940" (15 U.S.C. 80a-1 et seq.), "Investment Advisers Act of 1940" (15 U.S.C. 80b-1 et seq.), "Employee Retirement Income Security Act of 1974" (29 U.S.C. 1001 et seq.), "National Housing Act" (12 U.S.C. 1701 et seq.), "Commodity Exchange Act" (7 U.S.C. 1 et seq.), "Internal Revenue Code" (26 U.S.C. 1 et seq.), "Securities Investor Protection Act of 1970" (15 U.S.C. 78aaa et seq.), "Securities Litigation Uniform Standards Act of 1998" (112 Stat. 3227), "Small Business Investment Act of 1958" (15 U.S.C. 661 et seq.), "National Securities Markets Improvement Act of 1996" (Pub. L. No. 104-290, 110 Stat. 3416 (1996)), and "Electronic Signatures in Global and National Commerce Act" (15 U.S.C. 7001 et seq.) mean those statutes and the rules and regulations adopted under those statutes, as in effect on July 1, 2008, or as later amended.

Revision Note

"July 1, 2008" substituted for "the date of enactment of this chapter".
Haw. Rev. Stat. § 486H-8 — HI Code / Division 2 / Title 26 / Chapter 486H / Section 486H-8
Disposition of inventory.
Status: in_force

Upon termination of a franchise by either the petroleum distributor or the gasoline dealer, whether or not for cause, the distributor shall at the request of the dealer, take back any inventory from the dealer which was supplied by it and which has not diminished substantially in value and is of similar quality as when originally supplied. The petroleum distributor shall reimburse the gasoline dealer for not less than ninety per cent of the cost paid by the gasoline dealer or shall cancel not less than ninety per cent of any debts owed on account of the inventory.
Haw. Rev. Stat. § 481I-1 — HI Code / Division 2 / Title 26 / Chapter 481I / Section 481I-1
Legislative intent.
Status: in_force

The legislature recognizes that a motor vehicle is a major consumer purchase and that a defective motor vehicle creates a hardship for the consumer. The legislature further recognizes that a duly franchised motor vehicle dealer is an authorized service agent of the manufacturer. It is the intent of the legislature that a good faith motor vehicle warranty complaint by a consumer be resolved by the manufacturer within a specified period of time. It is further the intent of the legislature to provide statutory procedures whereby a consumer may receive a replacement motor vehicle, or a full refund, for a motor vehicle which is not brought into conformity with the applicable express warranties, as provided in this chapter. Finally, it is the intent of the legislature to ensure that consumers are made aware of their rights under this chapter and are not refused the information, documents, or service necessary to exercise their rights.

Nothing in this chapter shall in any way limit or expand the rights or remedies which are otherwise available to a consumer under any other law. [L 1992, c 314, pt of §1]
Haw. Rev. Stat. § 481C-3 — HI Code / Division 2 / Title 26 / Chapter 481C / Section 481C-3
Balloon payments.
Status: in_force

With respect to any sale of goods purchased primarily for a personal, family or household purpose, which is subject to the provisions of this chapter, if any scheduled payment is more than twice as large as the average of earlier scheduled payments, the buyer has the right to refinance the amount of that payment at the time it is due without penalty. The terms of the refinancing shall be no less favorable to the buyer than the terms of the original sale. These provisions do not apply to the extent that the payment schedule is adjusted to the seasonal or irregular income of the buyer.
Haw. Rev. Stat. § 489D-6 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-6
License qualifications; tangible net worth; good standing.
Status: in_force

(a) A licensee shall maintain at all times a tangible net worth of the greater of:

(1) $100,000 or three per cent of tangible assets for the first $100,000,000;

(2) Two per cent of additional assets for $100,000,000 to $1,000,000,000; and

(3) 0.5 per cent of additional assets for over $1,000,000,000.

Tangible net worth at all times shall be calculated in accordance with generally accepted accounting principles.

(b) Tangible net worth shall be demonstrated at initial application by the applicant's most recent audited financial statements pursuant to section 489D-9(d)(2)(F) and (3)(E).

(c) Each applicant, at the time of filing an application, and at all times after a license is issued, shall be in good standing in the state of its formation. All applicants, at the time of filing an application for a license under this chapter, and at all times after a license is issued, shall be registered or qualified to do business in the State.

(d) Notwithstanding any provision of this section to the contrary, the commissioner may, for good cause shown, exempt, in part or in whole, any applicant or licensee from the requirements of this section. [L 2006, c 153, pt of §1; am L 2023, c 183, §3]
Haw. Rev. Stat. § 480-23.4 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-23.4
Penalty.
Status: in_force

Any witness granted immunity under section 480-23(b) who fails or refuses to testify or produce information may be punished by the court for contempt, provided that the witness may also be charged with and convicted of perjury, for giving a false statement, or for an offense involving a failure to comply with the order notwithstanding the fact that the witness has been punished by the court for contempt.
Haw. Rev. Stat. § 487-14 — HI Code / Division 2 / Title 26 / Chapter 487 / Section 487-14
Restitution.
Status: in_force

(a) In any action brought by the director of the office of consumer protection, the court may include in its orders or judgments such provisions as may be necessary to effect restitution. Any person in whose favor restitution is ordered need not accept restitution, but the person's acceptance and full performance of restitution shall bar recovery by the person of any other damages in any action on account of the same acts or practices against the person making restitution.

(b) Whenever a corporation is ordered to pay restitution under subsection (a), the court hearing the action may include in its orders or judgments that the corporation and the individual directors, officers, or agents of the corporation who authorized, ordered, or had done, or participated in any of the unlawful acts and practices which caused, in whole or in part, injuries to any person, are jointly and severally liable for the payment of restitution.

(c) Whenever a domestic or foreign limited liability company is ordered to pay restitution under subsection (a), the court hearing the action may include in its orders or judgments that the limited liability company and the individual members, managers, or agents of the limited liability company who authorized, ordered, had done, or participated in any of the unlawful acts and practices that caused, in whole or in part, injuries to any person, are jointly and severally liable for the payment of restitution.

(d) The office of consumer protection may establish and maintain an account for purposes of holding and disbursing moneys received or recovered by it and which are due consumers as restitution.

(e) The director of the office of consumer protection may assign to a consumer for collection that portion of any judgment awarding restitution to that consumer.

(f) If a person commits a violation of section 480-2 which is directed toward, targets, or injures an elder, the court, in addition to the restitution authorized by [subsection] (a), may award the elder an additional sum up to but not to exceed the amount of restitution ordered in subsection (a). In determining the amount, if any, of an award under this subsection, the court shall consider the factors set forth in section 480-13.5. [L 1975, c 99, §1; am L 1976, c 111, §1; gen ch 1985; am L 1987, c 69, §1; am L 1989, c 230, §3; am L 1991, c 53, §1; am L 1996, c 92, §18; am L 1998, c 179, §3]
Haw. Rev. Stat. § 489D-28 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-28
Civil penalties.
Status: in_force

The commissioner may assess a fine against a person who violates this chapter or a rule adopted or an order issued under this chapter in an amount not to exceed $1,000 per day for each day the violation is outstanding, plus the State's costs and expenses for the investigation and prosecution of the matter, including reasonable attorneys' fees.
Haw. Rev. Stat. § 486-133 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-133
Requirement for measuremaster license; duties; prohibitions.
Status: in_force

Any person who engages in public weighing shall be licensed as a public measuremaster and shall perform the duties as specified by rule of the board. Any person who is not licensed as a public measuremaster is prohibited from assuming the title of public measuremaster and is prohibited from performing the acts or duties of a public measuremaster.
Haw. Rev. Stat. § 486B-3 — HI Code / Division 2 / Title 26 / Chapter 486B / Section 486B-3
Unlawful profiteering.
Status: in_force

Any person who sells petroleum products and who, with intent to enhance the price or restrict the supply of petroleum products:

(1) Wilfully causes or permits preventable waste in the production, manufacture, storage, or distribution of petroleum products;

(2) Prevents, limits, lessens, or restricts the manufacture, production, supply, or distribution of petroleum products;

(3) Enters into any contract, combination, or conspiracy in restraint of trade or commerce;

(4) Exacts or demands any unjust or unreasonable profit in the sale, exchange, or handling of petroleum products; or

(5) In any way aids or abets the doing of any act prohibited in paragraphs (1) to (4),

commits an unlawful trade practice. [L 2006, c 78, pt of §21]
Haw. Rev. Stat. § 489D-3 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-3
License required.
Status: in_force

(a) On or after July 1, 2007, no person except those excluded pursuant to section 489D-5, shall engage in the business of money transmission without a license as provided in this chapter.

(b) A person is engaged in providing money transmission if the person provides those services to persons in the State, even if the person providing services has no physical presence in the State.

(c) If a licensee has a physical presence in the State, the licensee may conduct its business at one or more locations, directly or indirectly owned, or through one or more authorized delegates, or both, pursuant to the single license granted to the licensee. [L 2006, c 153, pt of §1]
Haw. Rev. Stat. § 486J-22 — HI Code / Division 2 / Title 26 / Chapter 486J / Section 486J-22
Duties of the council.
Status: in_force

The council shall:

(1) Advise the department of trends and activities in the retail petroleum industry that may require statutory consideration; and

(2) Take such other action as may be necessary to ensure that the department is informed of all relevant developments in the retail petroleum industry affecting the health, safety, and welfare of the people of this State. [L 1997, c 257, pt of §2]
Haw. Rev. Stat. § 489D-26 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-26
Orders to cease and desist.
Status: in_force

(a) If the commissioner determines a violation of this chapter or a rule adopted or an order issued under this chapter by a licensee or authorized delegate is:

(1) Likely to cause immediate and irreparable harm to the licensee, the licensee's customers, or the public as a result of the violation; or

(2) Cause insolvency or significant dissipation of assets of the licensee,

the commissioner may issue an order requiring the licensee or authorized delegate to cease and desist from the violation. The order becomes effective upon service of the order upon the licensee or authorized delegate.

(b) The commissioner may order a licensee to cease and desist from providing money transmission services through an authorized delegate that is the subject of a separate order pursuant to section 489D-25 by the commissioner.

(c) An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to chapter 91.

(d) A licensee or an authorized delegate that is served with an order to cease and desist may petition the circuit court for a judicial order setting aside, limiting, or suspending the enforcement, operation, or effectiveness of the order pending the completion of an administrative proceeding pursuant to section 489D-31 or 489D-32.

(e) The commissioner shall commence an administrative proceeding pursuant to chapter 91 within twenty days after issuing an order to cease and desist.

(f) The commissioner may apply to the circuit court for an appropriate order to protect the public interest. [L 2006, c 153, pt of §1]
Haw. Rev. Stat. § 481B-17 — HI Code / Division 2 / Title 26 / Chapter 481B / Section 481B-17
[ §481B-17] Exclusive listing agreements; prohibited.
Status: in_force

[ §481B-17] Exclusive listing agreements; prohibited. (a) An exclusive listing agreement shall be void and unenforceable under this chapter if the agreement:

(1) Lasts longer than twelve months from the date the agreement was made;

(2) Purports to run with the land or be binding on future owners of interests in the real property ;

(3) Allows for assignment of the right to provide services without notice to and the consent of the owner of the residential real property; or

(4) Purports to create a lien, encumbrance, or other real property security interest.

(b) It shall be unlawful to present for recording or filing, or otherwise attempt to record to file, with the bureau of conveyances an exclusive listing agreement of any duration or any memoranda or notice of an exclusive listing agreement.

(c) It shall be unlawful to enforce, or attempt to enforce, an exclusive listing agreement that is made, or that is presented for recording or filing with the bureau of conveyances, in violation of this section.

(d) An exclusive listing agreement that is made or presented for recording or filing with the bureau of conveyances in violation of this section shall not be enforceable, have any legal effect, or provide actual or constructive notice to any person interested in the residential real property that is identified in the exclusive listing agreement.

(e) An exclusive listing agreement that is made or is presented for recording or filing with the bureau of conveyances in violation of this section shall not operate as a lien, encumbrance, or security interest.

(f) No owner or buyer shall be required to record any document to remove an exclusive listing agreement that is made or is presented for recording or filing with the bureau of conveyances in violation of this section.

(g) If an exclusive listing agreement, memorandum of the agreement, or notice is recorded in violation of this section, then a person with an interest in the real property that is subject to the agreement may apply to a court of competent jurisdiction in the county where the real property is located to record a court order declaring the agreement, memorandum of agreement, or notice void and unenforceable.

(h) A violation of this section shall be deemed an unfair or deceptive practice in accordance with section 480-2, and shall be subject to the provisions of chapter 480, as well as the provisions of this chapter.

(i) In addition to any other rights provided by law, any person with an interest in real property identified by a recording that is void and unenforceable under subsection (a) may recover damages, costs, and attorney's fees that may be proved against the service provider named in the void exclusive listing agreement. Any actual damages, costs, and attorney's fees that are proved against the service provider shall not be offset by the consideration paid by the service provider to the owner of the real property.

(j) A service provider has no right to a refund of the consideration paid to the owner in connection with a void exclusive listing agreement.

(k) For the purposes of this section:

"Exclusive listing agreement" means a contract or agreement providing an exclusive right to list or sell residential real property, including a contract or agreement to enter into an agreement or arrangement.

"Residential real property" means real property located in the State that is used primarily for personal, family, or household purposes and consists of one to four dwelling units.

"Service provider" means a legal person, including an entity or organization, who provides a service related to real property, including a real estate broker or real estate salesperson. For purposes of this definition, "real estate broker" and "real estate salesperson" have the same meaning as defined in section 467-1. [L 2024, c 176, §3]
Haw. Rev. Stat. § 482E-11 — HI Code / Division 2 / Title 26 / Chapter 482E / Section 482E-11
Fees.
Status: in_force

The director shall charge and collect a fee of $250 at the time of the filing of the offering circular, a fee of $250 for the filing of any amended offering circular filed pursuant to section 482E-3(c), and an annual renewal fee of $250 to be collected pursuant to section 482E-3(d).
Haw. Rev. Stat. § 489N-2 — HI Code / Division 2 / Title 26 / Chapter 489N / Section 489N-2
Dissemination of criminal record and marital history information.
Status: in_force

(a) Each international matchmaking organization doing business in this State shall:

(1) Notify all recruits that criminal history record information and marital history information is available upon request;

(2) Provide the notice required by paragraph (1) in the recruit's native language and display it in a manner that separates it from other information, is conspicuous, and in lettering not less than one-quarter of an inch high;

(3) Upon request, disseminate to a recruit in the recruit's native language all criminal conviction information and marital history information in the possession of the international matchmaking organization relating to a Hawaii resident about whom any information is provided to the recruit;

(4) Require a Hawaii resident requesting the services of an international matchmaking organization to submit or authorize the international matchmaking organization access to the resident's complete criminal history and marital history information; and

(5) Submit an annual report on its business activities to the department of commerce and consumer affairs.

(b) Upon receipt of a request for criminal conviction or marital history information from a recruit, an international matchmaking organization shall refrain from providing any further services to the recruit or the Hawaii resident with regard to facilitating future interaction between the recruit and the Hawaii resident until the Hawaii resident has submitted to the organization:

(1) The complete transcript of any criminal history record of the Hawaii resident or a statement that there is no record of convictions; provided that these are obtained from the Hawaii criminal justice data center based on a submission of fingerprint impressions and sent directly to the organization by the Hawaii criminal justice data center; and

(2) The Hawaii resident's marital history information, accompanied by an affirmation by the Hawaii resident that any marital history information provided is complete and accurate and includes information regarding the Hawaii resident's marriages, annulments, dissolutions, and the number of domestic abuse orders of protection issued against the Hawaii resident that occurred in this State or in any other state or country. [L 2003, c 149, pt of §1; am L 2006, c 74, §2]
Haw. Rev. Stat. § 476-2 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-2
Application when inconsistent with federal provisions or regulations.
Status: in_force

No contract, memorandum, or advertisement shall be required by this chapter to contain any disclosure which is inconsistent with the requirements of the federal Truth in Lending Act.
Haw. Rev. Stat. § 476-5 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-5
Balloon payments.
Status: in_force

With respect to any sale of goods, services, or both, purchased primarily for a personal, family, or household purpose, which is subject to this chapter, if any scheduled payment is more than twice as large as the average of earlier scheduled payments, the buyer has the right to refinance the amount of that payment at the time it is due without penalty. If the principal balance of the original contract is less than $10,000, and the finance charge either is stated as a dollar amount and added on or deducted in advance or is computed at a fixed rate, all the terms of the refinancing shall be no less favorable to the buyer than the terms of the original sale, except that the payment schedule may be modified so as to effect the amortization of the total amount refinanced over the period for which it is refinanced, which shall not be less than the term of the original contract, or that no scheduled payment required upon refinancing shall be greater than the amount of the average scheduled payment required by the original contract. These provisions do not apply to the extent that the payment schedule is adjusted to the seasonal or irregular income of the buyer.
Haw. Rev. Stat. § 485A-406 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-406
Registration by broker-dealer, agent, investment adviser, and investment adviser representative.
Status: in_force

(a) A person shall register as a broker-dealer, agent, investment adviser, or investment adviser representative by filing an application and a consent to service of process complying with section 485A-610, and paying the fee specified in section 485A-410 and any reasonable fees charged by the commissioner for processing the filing. The application shall contain:

(1) The information required for the filing of a uniform application; and

(2) Upon request by the commissioner, any other financial or other information that the commissioner determines is appropriate.

(b) If the information or record contained in an application filed under subsection (a) is or becomes inaccurate or incomplete in a material respect, the registrant shall promptly file a correcting amendment.

(c) If an order is not in effect and a proceeding is not pending under section 485A-412, registration becomes effective at noon on the forty-fifth day after a completed application is filed, unless the registration is denied or the commissioner has given written notice of deficiencies that are unresolved. A rule adopted or order issued under this chapter may set an earlier effective date or may defer the effective date until noon on the forty-fifth day after the filing of any amendment completing the application.

(d) A registration is effective until midnight on December31 of the year for which the application for registration is filed. Unless an order is in effect under section 485A-412, a registration may be automatically renewed each year by filing records that are required by rule adopted or order issued under this chapter to be filed, by paying the fee specified in section 485A-410, and by paying costs charged by the commissioner for processing the filings.

(e) A rule adopted or order issued under this chapter may impose other conditions, not inconsistent with the National Securities Markets Improvement Act of 1996. An order issued under this chapter may waive, in whole or in part, specific requirements in connection with registration as are in the public interest and for the protection of investors. [L 2006, c 229, pt of §1]
Haw. Rev. Stat. § 486H-5 — HI Code / Division 2 / Title 26 / Chapter 486H / Section 486H-5
Gasoline dealer's rights.
Status: in_force

(a) A petroleum distributor shall not in any way dictate, force, or attempt to set the retail price of any product sold by the gasoline dealer.

(b) After June 7, 1976, it shall be illegal for any petroleum distributor by any action to require a gasoline dealer to purchase only those tires, batteries, and other automotive accessories sold by the distributor. A gasoline dealer may sell any tires, batteries, and other automotive accessories as may be available to the dealer for retail sale.

(c) The petroleum distributor shall at all times act in good faith in carrying out the terms and provisions of the franchise. [L 1976, c 213, pt of §2; am L 1983, c 268, §2; gen ch 1985]
Haw. Rev. Stat. § 481P-6 — HI Code / Division 2 / Title 26 / Chapter 481P / Section 481P-6
Unfair or deceptive act or practice.
Status: in_force

Any person who violates this chapter shall be deemed to have engaged in an unfair method of competition and unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2.
Haw. Rev. Stat. § 486-112 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-112
Declarations of unit price on random packages.
Status: in_force

In addition to the declarations required by section 486-111, any package that is one of a lot containing random measure of the same commodity and that bears the total selling price of the package, shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of measure, as established by rule of the board.
Haw. Rev. Stat. § 482P-5 — HI Code / Division 2 / Title 26 / Chapter 482P / Section 482P-5
Infringement of right; use without consent; profit or not for profit.
Status: in_force

Except as provided in section 482P-7, any person who uses or authorizes the use of a living or deceased individual's or personality's name, voice, signature, or likeness, on or in goods, merchandise, or services entered into commerce in this State, or for purposes of advertising products, merchandise, goods, or services, or for purposes of fund-raising or solicitation of donations, or if any person disseminates or publishes advertisements in this State that contain a living or deceased individual's or personality's name, voice, signature, or likeness, without express or implied consent of the owner of the right, has infringed a publicity right under this chapter. An infringement may occur under this section without regard to whether the use or activity is for profit or not for profit. [L Sp 2009, c 28, pt of §2]
Haw. Rev. Stat. § 478-3 — HI Code / Division 2 / Title 26 / Chapter 478 / Section 478-3
On judgment.
Status: in_force

Interest at the rate of ten per cent a year, and no more, shall be allowed on any judgment recovered before any court in the State, in any civil suit. [CC 1859, §1481; am L 1868, p 9; am L 1898, c 4, §2; RL 1925, §3586; RL 1935, §7051; am L 1935, c 18, §1; RL 1945, §8732; RL 1955, §191-2; HRS §478-2; am L 1979, c 211, §1; am L 1981, c 9, §2; ren L 1986, c 137, pt of §1]
Haw. Rev. Stat. § 486-25 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-25
§§486-25, 26, 26.
Status: repealed

§§486-25, 26, 26.5, 27, 28 REPEALED. L 1991, c 153, §§38 to 42.
Haw. Rev. Stat. § 485A-610 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-610
Service of process.
Status: in_force

(a) A consent to service of process complying with this section shall be signed and filed in the form required by a rule or order under this chapter. A consent appointing the commissioner the person's agent for service of process in a noncriminal action or proceeding against the person, or the person's successor or personal representative under this chapter or a rule adopted or order issued under this chapter after the consent is filed, has the same force and validity as if the service were made personally on the person filing the consent. A person that has filed a consent complying with this subsection in connection with a previous application for registration or notice filing need not file an additional consent.

(b) If a person, including a nonresident of this State, engages in an act, practice, or course of business prohibited or made actionable by this chapter or a rule adopted or order issued under this chapter and the person has not filed a consent to service of process under subsection (a), the act, practice, or course of business constitutes the appointment of the commissioner as the person's agent for service of process in a noncriminal action or proceeding against the person or the person's successor or personal representative.

(c) Service under subsection (a) or (b) may be made by providing a copy of the process to the office of the commissioner; provided that it shall not be effective unless:

(1) The plaintiff, which may be the commissioner, promptly sends notice of the service and a copy of the process, return receipt requested, to the defendant or respondent at the address set forth in the consent to service of process or, if a consent to service of process has not been filed, at the last known address, or takes other reasonable steps to give notice; and

(2) The plaintiff files an affidavit of compliance with this subsection in the action or proceeding on or before the return day of the process, if any, or within the time that the court, or the commissioner in a proceeding before the commissioner, allows.

(d) Service pursuant to subsection (c) may be used in a proceeding before the commissioner or by the commissioner in a civil action in which the commissioner is the moving party.

(e) If process is served under subsection (c), the court, or the commissioner in a proceeding before the commissioner, shall order continuances as are necessary or appropriate to afford the defendant or respondent reasonable opportunity to defend.

(f) If any process or pleadings mentioned in this chapter are served upon the commissioner, it shall be by duplicate copies, one of which shall be filed in the office of the commissioner and another immediately forwarded by the commissioner by registered mail to the principal office of the issuer against which the process or pleadings are directed. [L 2006, c 229, pt of §1]
Haw. Rev. Stat. § 481B-24 — HI Code / Division 2 / Title 26 / Chapter 481B / Section 481B-24
Exceptions.
Status: in_force

(a) A person who in good faith registers a domain name consisting of the name of another living person, or a name substantially and confusingly similar thereto, shall not be liable under section 481B-22 if the name is used in, affiliated with, or related to a work of authorship protected under Title 17, United States Code, including a work made for hire as defined in section 101 of Title 17, United States Code, and if the person registering the domain name is the copyright owner or licensee of the work, the person intends to sell the domain name in conjunction with the lawful exploitation of the work, and the registration is not prohibited by a contract between the registrant and the named person. The exception under this subsection shall apply only to a civil action brought under this part and shall in no manner limit the protections afforded under the Trademark Act of 1946 (15 U.S.C. 1051 et seq.) or other federal or state law.

(b) The domain name registrar or registry or other domain name authority shall not be liable for damages or other remedies under section 481B-25 for the registration or maintenance of a domain name for another, regardless of whether the domain name is finally determined to infringe the mark. [L 2001, c 281, pt of §1]
Haw. Rev. Stat. § 486B-5 — HI Code / Division 2 / Title 26 / Chapter 486B / Section 486B-5
Injunctions.
Status: in_force

Any person who violates this chapter may be enjoined by the circuit court by a mandatory injunction or temporary restraining order necessary or proper to effectuate the purposes of this chapter in a suit brought by the attorney general in the name of the State or by any private person in the person's own name.
Haw. Rev. Stat. § 489-7.5 — HI Code / Division 2 / Title 26 / Chapter 489 / Section 489-7.5
Suits by persons injured; amount of recovery, injunctions.
Status: in_force

(a) Any person who is injured by an unlawful discriminatory practice, other than an unlawful discriminatory practice under part II of this chapter, may:

(1) Sue for damages sustained, and, if the judgment is for the plaintiff, the plaintiff shall be awarded a sum not less than $1,000 or threefold damages by the plaintiff sustained, whichever sum is the greater, and reasonable attorneys' fees together with the costs of suit; and

(2) Bring proceedings to enjoin the unlawful discriminatory practices, and if the decree is for the plaintiff, the plaintiff shall be awarded reasonable attorneys' fees together with the cost of suit.

(b) The remedies provided in subsection (a) shall be applied in class action and de facto class action lawsuits or proceedings provided that:

(1) The minimum $1,000 recovery provided in subsection (a) shall not apply in a class action or a de facto class action lawsuit; and

(2) That portion of threefold damages in excess of compensatory damages shall be apportioned and allocated by the court in its exercise of discretion so as to promote effective enforcement of this part and deterrence from violation of its provisions.

(c) The remedies provided in this section are cumulative and may be brought in one action. [L 1989, c 386, §2; am L 2000, c 227, §5; am L 2001, c 55, §23]
Haw. Rev. Stat. § 486K-5.6 — HI Code / Division 2 / Title 26 / Chapter 486K / Section 486K-5.6
Hotelkeeper's liability for provision of certain recreational equipment.
Status: in_force

(a) Notwithstanding section 663-1.54, a hotelkeeper shall have no duty to instruct or train a user of recreational equipment or to supervise the use of such equipment where the recreational equipment is in fact used without supervision and, at the time of such use, is not part of an activity guided or managed by representatives of the hotelkeeper.

(b) As used in this section, "recreational equipment" includes skin diving masks, snorkels, swim fins, bodysurfing boards, surfboards, canoes, kayaks, bicycles, skates, tennis or golf equipment, weights and exercise equipment, air mattresses, and flotation devices provided by the hotel. "Recreational equipment" does not include:

(1) Any water or land vehicle powered by an engine, motor, or the wind;

(2) Any device, other than a snorkel, that permits a person to breathe while submerged;

(3) Parachutes, parasails, or any equipment designed for flight, gliding, or controlled descent in the air;

(4) Any firearm, airgun, archery equipment; or

(5) Any edged weapon.

(c) Nothing in this section shall bar liability of a hotelkeeper:

(1) For negligence in the maintenance of recreational equipment; or

(2) When a loss or injury is suffered by a hotel guest and is caused by the hotelkeeper's failure to warn against a hazardous condition on a beach or in the ocean, known, or which should have been known to a reasonably prudent hotelkeeper, as specified in section 486K-5.5. [L 1998, c 302, §1]
Haw. Rev. Stat. § 481M-5 — HI Code / Division 2 / Title 26 / Chapter 481M / Section 481M-5
Limit on total lease payments.
Status: in_force

(a) No lessor shall offer a lease-purchase agreement in which the total lease payments necessary to acquire ownership exceed twice the cash price of the rented property.

(b) When fifty per cent of all rental payments made by a lessee equals the cash price of the property disclosed to the lessee in the lease-purchase agreement, the lessee shall own the rented property and the lease-purchase agreement shall terminate. [L 1997, c 248, pt of §1]
Haw. Rev. Stat. § 481F-4 — HI Code / Division 2 / Title 26 / Chapter 481F / Section 481F-4
Informational detail.
Status: in_force

The following informational details shall be disclosed:

(1) The name of the artist and the artist's participation in creating the print as follows:

(A) The name of the artist;

(B) Whether or not the image upon the master exists in another medium and if so, state which medium;

(C) Name the person, persons or workshop who created the image upon the master;

(D) Whether or not the artist approved the master itself or the proofs therefrom;

(E) Whether or not the artist approved the techniques utilized in the production of the print; and

(F) Whether or not the artist approved the print.

(2) Signature. If the name of the artist appears on the print, state whether the print was signed by the artist to signify approval of the print. If the print was not signed by the artist, state the manner in which the artist's name was placed on the print.

(3) The year in which the print was produced.

(4) A description of the medium or process such as whether the print was produced by means of etching, engraving, woodcutting, lithography, serigraphy, or other similar processes. If an established term, in accordance with the usage of the trade, cannot be employed accurately to describe the medium or process, a brief, clear description of the medium or process shall be given.

(5) Whether the edition is being offered as limited edition, and if so:

(A) The authorized number of signed or numbered prints, or other, in the edition;

(B) The authorized number of unsigned or unnumbered prints, or both, in the edition;

(C) The authorized number of proofs, if any, in the edition;

(D) The authorized number of prints designated "Hors de Commerce" or by words of similar import; and

(E) The total size of the edition.

(6) Whether or not the master has been destroyed, effaced, altered, defaced, or canceled after producing the edition.

(7) If there were any prior prints of the same image which were produced by a different process or media or utilized different colors or color schemes, the total number of such prints and an explanation of the difference in process, media, color, or color scheme.

(8) If there were any prior or later editions produced from the same master, the series number or designation of the subject edition and the total size of all other editions.

(9) Whether the edition is a posthumous edition or restrike and, if so, whether the master was reworked. If the edition is a restrike, state that restrike is a print multiple made from the master after the edition is produced.

(10) The name of the printer or workshop, if any, where the edition was produced. [L 1986, c 194, pt of §2]
Haw. Rev. Stat. § 486-78 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-78
Authority to inspect.
Status: in_force

The administrator may upon the administrator's own initiative or upon complaint, after properly identifying or making a legitimate effort to identify oneself, enter upon any public or private property, in accordance with law, where odometers may reasonably be stored, held, sold, repaired, altered, manipulated, or otherwise influenced so as to display any digital or analog representation, factual or otherwise, to determine if any actions relating to odometers are being conducted contrary to law.
Haw. Rev. Stat. § 487R-2 — HI Code / Division 2 / Title 26 / Chapter 487R / Section 487R-2
Destruction of personal information records.
Status: in_force

(a) Any business or government agency that conducts business in Hawaii and any business or government agency that maintains or otherwise possesses personal information of a resident of Hawaii shall take reasonable measures to protect against unauthorized access to or use of the information in connection with or after its disposal.

(b) The reasonable measures shall include:

(1) Implementing and monitoring compliance with policies and procedures that require the burning, pulverizing, recycling, or shredding of papers containing personal information so that information cannot be practicably read or reconstructed;

(2) Implementing and monitoring compliance with policies and procedures that require the destruction or erasure of electronic media and other nonpaper media containing personal information so that the information cannot practicably be read or reconstructed; and

(3) Describing procedures relating to the adequate destruction or proper disposal of personal records as official policy in the writings of the business entity.

(c) A business or government agency may satisfy its obligation hereunder by exercising due diligence and entering into a written contract with, and thereafter monitoring compliance by, another party engaged in the business of records destruction to destroy personal information in a manner consistent with this section. Due diligence should ordinarily include one or more of the following:

(1) Reviewing an independent audit of the disposal business' operations or its compliance with this chapter;

(2) Obtaining information about the disposal business from several references or other reliable sources and requiring that the disposal business be certified by a recognized trade association or similar third party with a reputation for high standards of quality review; or

(3) Reviewing and evaluating the disposal business' information security policies or procedures, or taking other appropriate measures to determine the competency and integrity of the disposal business.

(d) A disposal business that conducts business in Hawaii or disposes of personal information of residents of Hawaii shall take reasonable measures to dispose of records containing personal information by implementing and monitoring compliance with policies and procedures that protect against unauthorized access to, or use of, personal information during or after the collection, transportation, and disposing of such information.

(e) This chapter shall not apply to any of the following:

(1) Any financial institution that is subject to 15 U.S.C. sections 6801 to 6809, as amended;

(2) Any health plan or healthcare provider that is subject to and in compliance with the standards for privacy of individually identifiable health information and the security standards for the protection of electronic health information of the Health Insurance Portability and Accountability Act of 1996; or

(3) Any consumer reporting agency that is subject to and in compliance with the Fair Credit Reporting Act, 15 U.S.C. sections 1681 to 1681x. [L 2006, c 136, pt of §2; am L 2008, c 19, §72]
Haw. Rev. Stat. § 482C-3 — HI Code / Division 2 / Title 26 / Chapter 482C / Section 482C-3
Sale or rental of recording equipment for unlawful use.
Status: in_force

It is unlawful for any person to offer or make available for a fee, rental, or any other form of compensation, directly or indirectly, any equipment or machinery with the knowledge that it will be used by another to reproduce, without the consent of the owner, any phonograph record, disc, wire, tape, film, or other article on which sounds have been transferred for the purpose of capitalizing commercially on such reproduction.
Haw. Rev. Stat. § 486-115 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-115
Sale by net measure.
Status: in_force

Commodities or services shall be offered for sale on a net weight or net measure basis.
Haw. Rev. Stat. § 486-84 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-84
Civil action.
Status: in_force

(a) Any person who violates any requirement imposed under this part shall be liable to the buyer, in an amount equal to the sum of:

(1) Three times the amount of actual damages sustained or $1,500, whichever is greater; and

(2) In the case of any successful action to enforce the foregoing liability, the costs of the action, together with reasonable attorney fees as determined by the court.

(b) An action to enforce any liability created under subsection (a) of this section must be brought in a court of competent jurisdiction without regard to the amount in controversy, within two years from the date on which the liability occurred. [L 1988, c 156, pt of §3]
Haw. Rev. Stat. § 485A-808 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-808
Records.
Status: in_force

A qualified person shall provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of an elder or a vulnerable adult to the commissioner or law enforcement, either as part of a referral to the commissioner or law enforcement, or upon request of the commissioner or law enforcement pursuant to an investigation. The records may include historical records as well as records relating to the most recent transaction or transactions that may comprise financial exploitation of an elder or a vulnerable adult. All records made available under this section shall be exempt from disclosure under chapter 92F.

Nothing in this section shall limit or otherwise impede the authority of the commissioner to access or examine the books and records of a qualified person as otherwise provided by law. [L 2021, c 54, pt of §1]
Haw. Rev. Stat. § 487R-1 — HI Code / Division 2 / Title 26 / Chapter 487R / Section 487R-1
Definitions.
Status: in_force

As used in this chapter:

"Business" means a sole proprietorship, partnership, corporation, association, or other group, however organized and whether or not organized to operate at a profit. Except as provided in section 487R-2(e), the term includes a financial institution organized, chartered, or holding a license or authorization certificate under the laws of the State, any other state, the United States, or any other country, or the parent or the subsidiary of any such financial institution. The term also includes an entity whose business is records destruction.

"Disposal" means the discarding or abandonment of records containing personal information or the sale, donation, discarding, or transfer of any medium, including computer equipment or computer media, containing records of personal information, or other nonpaper media upon which records of personal information are stored, or other equipment for nonpaper storage of information.

"Government agency" means any department, division, board, commission, public corporation, or other agency or instrumentality of the State or any county.

"Personal information" means an individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted:

(1) Social security number;

(2) Driver's license number or Hawaii identification card number; or

(3) Account number, credit or debit card number, access code, or password that would permit access to an individual's financial account.

"Personal information" shall not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. "Encrypted", as used in this definition means the use of an algorithmic process to transform data into a form in which the data is rendered unreadable or unusable without the use of a confidential process or key.

"Records" means any material on which written, drawn, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics. [L 2006, c 136, pt of §2; am L 2008, c 19, §71]
Haw. Rev. Stat. § 481B-15 — HI Code / Division 2 / Title 26 / Chapter 481B / Section 481B-15
Ticket brokers; fees; cancellation.
Status: in_force

(a) No ticket broker shall charge a fee for the use of a credit card to purchase tickets without first disclosing that a fee will be charged.

(b) A ticket broker shall refund any and all service fees charged for the purchase of a ticket when the public exhibition, game, contest, or performance for which the ticket was purchased is canceled.

(c) For the purposes of this section, "ticket broker" means any person engaged in the business of selling tickets of admission or any other evidence of right of entry to a theater, place of amusement or entertainment, or other place where public exhibitions, games, contests, or performances are held, at a price greater than the price printed on the ticket. [L 2007, c 185, §1]
Haw. Rev. Stat. § 487J-4 — HI Code / Division 2 / Title 26 / Chapter 487J / Section 487J-4
Reporting requirements.
Status: in_force

A government agency shall submit a written report to the legislature within twenty days after the discovery of a material occurrence of a social security number disclosure by the government agency that is prohibited by this chapter. The report shall contain information relating to the nature of the incident, the number of individuals affected by the incident, and any procedures that have been implemented to prevent the incident from reoccurring. In the event that a law enforcement agency informs the government agency that the report may impede a criminal investigation or jeopardize national security, the report to the legislature may be delayed until twenty days after the law enforcement agency has determined that the report will no longer impede the investigation or jeopardize national security.
Haw. Rev. Stat. § 489D-33 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-33
Division functions.
Status: in_force

(a) The division shall exercise all administrative functions of the State in relation to the regulation, supervision, and licensing of money transmitters.

(b) The division shall interpret and carry out the provisions of this chapter. [L 2006, c 153, pt of §1]
Haw. Rev. Stat. § 486M-4 — HI Code / Division 2 / Title 26 / Chapter 486M / Section 486M-4
Minimum retention of items.
Status: in_force

(a) No dealer, or agent, employee, or representative of the dealer, shall alter, melt, deface, break apart, dispose of, or change the character or integrity of the precious or semiprecious metals or precious or semiprecious gems received or purchased for a period of fifteen calendar days after the purchase or possession by the dealer, whichever comes later. Every article received by the dealer or the dealer's agents, employees, or representatives shall be retained by the dealer in the county where received or purchased for a period of fifteen calendar days after the purchase or possession by the dealer, whichever comes later.

(b) Notwithstanding subsection (a) to the contrary, a secondhand dealer operating an automated recycling kiosk shall retain previously owned consumer handheld electronic cellular phone devices for a total period of thirty calendar days from the date they were received or purchased; provided that the secondhand dealer operating an automated recycling kiosk may store the previously owned consumer handheld electronic cellular phone devices at a business location outside the county where the devices were received or purchased; provided further that upon request by law enforcement within the thirty-day retention period, a secondhand dealer operating an automated recycling kiosk shall promptly return any requested devices no later than five business days from the date of the request at no cost to the requesting law enforcement agency. [L 1982, c 282, pt of §2; gen ch 1985; am L 1991, c 120, pt of §1; am L 1998, c 99, §3; am L 2021, c 79, §2; am L 2022, c 108, §4]
Haw. Rev. Stat. § 489E-2 — HI Code / Division 2 / Title 26 / Chapter 489E / Section 489E-2
Definitions.
Status: in_force

In this chapter:

"Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.

"Automated transaction" means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction.

"Computer program" means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.

"Contract" means the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law.

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

"Electronic agent" means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual.

"Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means.

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

"Governmental agency" means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.

"Information" means data, text, images, sounds, codes, computer programs, software, databases, or the like.

"Information processing system" means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information.

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

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

"Security procedure" means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.

"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state. "This State" refers to the State of Hawaii.

"Transaction" means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. [L 2000, c 282, pt of §1]
Haw. Rev. Stat. § 484-20 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-20
Fees and inspection expenses.
Status: in_force

(a) Notices of filing pursuant to section 484-8 shall not be issued until the applicant has paid to the director the proper registration or consultant fees, and has advanced the inspection expenses set forth in subsection (b). Neither the registration or consultant fees, nor the advanced inspection expenses shall be refunded regardless of whether the application for registration is rejected or approved; provided that the director may return any unused inspection expenses moneys advanced under this section. The registration fee shall be based upon the number of lots, parcels, units, or interests to be registered at the following rates:

(1) Up to 100 lots................................. $100

(2) 101 to 500 lots................................ $200

(3) Over 500....................................... $300.

(b) In addition to the registration and consultant fees, the applicant shall deposit with the director sufficient sums to cover inspection expenses established by rules adopted in accordance with chapter 91.

(c) The director may waive the requirement for inspection.

(d) The director, from time to time, may raise the registration fee, consultant fees, and inspection expenses under this section by rules adopted in accordance with chapter 91. [L 1967, c 223, §20; HRS §484-20; am L 1972, c 79, §1; am L 1983, c 175, §13; am L 1992, c 132, §18]
Haw. Rev. Stat. § 488-3 — HI Code / Division 2 / Title 26 / Chapter 488 / Section 488-3
Certificate of authority; authority issued or denied; plan termination.
Status: in_force

(a) Before conducting business in this State, a plan shall submit for approval with the commissioner an application for a certificate of authority, shall file documentation with the commissioner, and shall pay to the commissioner a fee as provided under section 431:7-101.

(b) The documentation required by subsection (a) shall contain in writing the following:

(1) A brief statement of the plan's financial structure, including a statement of the amount of prepayment, other charges or dues to be paid by plan members, and the manner in which the amounts are to be paid;

(2) A statement of the amount of benefits, legal services, or reimbursement for legal services to be furnished each member of a plan, and the period during which they will be furnished; and, if there are exceptions, reductions, exclusions, limitations, or restrictions of benefits, legal services, or reimbursements, a detailed statement of the exceptions, reductions, exclusions, limitations, or restrictions;

(3) A statement of the terms and conditions upon which the plan may be canceled or otherwise terminated by the group, the plan administrator, the persons furnishing legal services, or the member; provided that for any cancellation or termination other than by a member, there shall be provision made for the disposition of funds accumulated under the plan;

(4) A statement describing the applicability or nonapplicability of the benefits of the plan to the family dependents of the member;

(5) A statement of the period of grace that will be allowed the member or the member's group for making any payment due under the plan;

(6) A statement describing a procedure for settling disputes between or among the group, the plan administrator, the persons furnishing legal services, and the member;

(7) A statement that the plan includes the endorsements thereon and attached papers, if any, and contains the entire contract or contracts to be used among all parties to a plan, including the executed written agreement between the plan and any person providing legal services to the plan; and

(8) A listing of the owners, operators, officers, and plan administrator of the plan, including the current business address, home address, mailing address, business phone number, business fax number, business electronic mail address, business website address, and home phone number.

Any amendments or changes to the documents filed under paragraphs (1) to (8) shall be filed with the commissioner for approval at least sixty days before they take effect. All documents filed under this section shall be public documents.

(c) If the commissioner finds that a plan has met the requirements of this section, the commissioner shall issue to it a proper certificate of authority.

(d) If the commissioner finds that a plan has not met the requirements of this section, the commissioner shall deny the plan a certificate of authority within a reasonable length of time following filing of the application by the plan.

(e) If the plan is canceled or otherwise terminated by the group, the plan administrator, or the persons furnishing legal services, the plan shall notify the commissioner in writing at least sixty days prior to the termination of the plan of the fact of plan termination and the provisions made for the disposition of funds accumulated under the plan. [L 1976, c 156, pt of §1; gen ch 1985; am L 2010, c 47, §1(3); am L 2011, c 186, §5]
Haw. Rev. Stat. § 486N-6 — HI Code / Division 2 / Title 26 / Chapter 486N / Section 486N-6
Right of cancellation.
Status: reserved

(a) Every health club contract may be canceled by the buyer within five business days after the date on which the buyer signs the contract, by mailing or delivering written notice to the health club at an address which is specified in the contract.

(b) Every health club contract shall contain a statement notifying the buyer of the right of cancellation. This statement shall be in a bold face type of a minimum size of ten points, in close proximity to the space reserved for the signature of the buyer, and shall be in substantially the following form:

"You, the buyer, may cancel this contract by mailing or delivering a written notice to this health club. The notice must say that you are canceling this contract and must be postmarked or delivered by midnight of the fifth business day of this health club after signing this contract, excluding Saturdays, Sundays, and state or federal holidays. The notice must be delivered or mailed to:

_______________________________________________________"

Name and mailing address of health club)

(c) Mailing a written notice of cancellation by registered or certified mail within five business days after the date on which the buyer signs the contract shall be conclusive evidence that the notice was timely mailed to the health club. Mailing a written notice of cancellation by regular mail and retaining a duplicate of the signed and dated notice of cancellation shall be prima facie evidence that the notice was mailed to the health club on the date as noted on the notice of cancellation.

(d) Within thirty days of receipt of the notice of cancellation, the health club shall refund to the buyer the entire consideration the buyer paid for the contract, less the fair market value of the services and facilities actually used by the buyer.

(e) The health clubs may condition the refund required by subsection (d) upon the return of membership cards and other similar evidence of membership from the buyer, at the request of the health clubs. [L 1984, c 161, pt of §1]

Revision Note

In subsection (e), subsection (d) substituted for subsection (c).
Haw. Rev. Stat. § 486P-7 — HI Code / Division 2 / Title 26 / Chapter 486P / Section 486P-7
Use and disclosure of information.
Status: in_force

The information received by the attorney general under this chapter shall be used only for purposes of enforcement of this chapter, chapter 245, and chapter 675; provided that the attorney general may share any information with authorities of other states or the federal government for the purpose of enforcement of similar state statutes upon receipt of adequate assurance from those authorities that the information will be used only for that purpose.

Information received by the attorney general under this chapter that tends to identify customers of tobacco product manufacturers, terms of sale, including price, and nonaggregated sales volume data, shall be exempt from disclosure under section 92F-11. [L 2003, c 77, pt of §2]