Haw. Rev. Stat. § 461-11.4 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-11.4
Vaccinations; children.
Status: in_force

(a) A pharmacist, pharmacy intern, or registered pharmacy technician under the direct supervision of a registered pharmacist may administer a vaccine to a person three years of age or older; provided that:

(1) The vaccine is authorized or approved by the United States Food and Drug Administration;

(2) The vaccine has been ordered by a registered pharmacist and administered in accordance with the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services;

(3) The pharmacy intern has completed a practical training program approved by the Accreditation Council for Pharmacy Education that includes hands-on injection technique, clinical evaluation of indications and contraindications of vaccines, and the recognition and treatment of emergency responses to vaccines;

(4) The registered pharmacy technician has completed a practical training program approved by the Accreditation Council for Pharmacy Education that includes hands-on injection technique;

(5) The registered pharmacy technician has a Certified Pharmacy Technician certification from either the Pharmacy Technician Certification Board or National Healthcareer Association;

(6) The registered pharmacist, pharmacy intern, or registered pharmacy technician has a current certificate in basic cardiopulmonary resuscitation;

(7) The registered pharmacist or registered pharmacy technician has completed a minimum of two credit hours in immunization-related continuing education courses during each licensing biennium;

(8) The registered pharmacist is in compliance with all applicable recordkeeping and reporting requirements, including complying with adverse events reporting requirements;

(9) The registered pharmacist, pharmacy intern, or registered pharmacy technician has reviewed the patient's vaccination records before administering the vaccine;

(10) The registered pharmacist has informed the patient and the patient's primary guardian or caregiver of the importance of a well-child visit with a pediatrician or other licensed primary care provider and has referred the patient as appropriate; and

(11) Where a prescription has been ordered by a person other than the registered pharmacist, the registered pharmacist, pharmacy intern, or registered pharmacy technician shall verify that the prescriber or the prescriber's authorized agent is the patient's medical home.

(b) After the vaccination is administered, the registered pharmacist, pharmacy intern, or registered pharmacy technician under the direct supervision of a registered pharmacist shall immediately provide to the patient a vaccination record including the following information:

(1) The patient's name and date of birth;

(2) The type of vaccine administered; and

(3) The date and location that the vaccine was administered.

(c) The registered pharmacist, pharmacy intern, or registered pharmacy technician under the direct supervision of a registered pharmacist shall make a good faith effort to provide within seventy-two hours to the medical home and within five business days to the department of health immunization registry the same information provided to the patient pursuant to subsection (b) as well as the following:

(1) The name of the vaccine product that was administered, including the manufacturer, lot number, and expiration date;

(2) The method of administration; and

(3) The anatomical site of administration.

(d) All pharmacy interns or registered pharmacy technicians who administer vaccines to persons three years of age or older shall complete the training program required by subsection (a) and submit the completion certificate for the training program to the board before administering any vaccine to persons three years of age or older.

(e) For the purposes of this section, "medical home" means the primary care physician who, working in collaboration with the family, oversees the acute, chronic, and preventive health needs of the patient in a comprehensive, coordinated, and continuous fashion. [L 2012, c 42, §2; am L 2015, c 36, §3; am L 2017, c 68, §4; am L 2024, c 104, §4; am L 2025, c 93, §7]
Haw. Rev. Stat. § 467B-2.5 — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B-2.5
Professional solicitor financial reports; contribution account.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below. L 2025, c 108, §§10, 13. ] (a) A professional solicitor shall file with the attorney general a financial report for any charitable solicitation campaign, including gross revenue from Hawaii donors and national gross revenue and an itemization of all expenses incurred on a form prescribed by the attorney general no more than ninety days after the end of the solicitation campaign and, for solicitation campaigns lasting more than one year, within ninety days after each anniversary of the commencement of the solicitation campaign and within ninety days after the end of the solicitation campaign.

(b) The attorney general may require the fina n cial report required by subsection (a) to be s ubmitted electr o nically and m a y require the use of electronic sig n at u res. This report shall be signed by the professional solicitor or by an authorized officer or agent of the professional solicitor who shall certify that the statements therein are true and correct to the best of the solicitor's, officer's, or agent's knowledge subject to penalties imposed by section 710-1063. If a financial report required under this section is not filed in a timely manner, taking into account any extension of time for filing, unless it is shown that the failure is due to reasonable cause, an initial late filing fee of $100 shall be imposed, and an additional late filing fee of $20 per day shall be imposed, for each day during which the violation continues; provided that the total fee amount imposed under this subsection shall not exceed $1,000. The attorney general may waive all or part of the late filing fee imposed by this subsection if there is a reasonable cause for the failure to timely file. The professional solicitor shall provide a copy of the financial report to the charitable organization to which the financial report pertains within ten days of its submission of the report to the attorney general.

(c) A professional solicitor shall maintain during each solicitation campaign and for not less than three years after the completion of that campaign the following records, which shall be available for inspection upon demand by the attorney general:

(1) The date and amount of each contribution received and the name and address of each contributor;

(2) The name and residence of each employee, agent, or other person involved in the solicitation;

(3) Records of all revenue received and expenses incurred in the course of the solicitation campaign; and

(4) The location and account number of each bank or other financial institution account in which the professional solicitor has deposited revenue from the solicitation campaign.

(d) Any material change in any information filed with the attorney general pursuant to this section shall be reported in writing by the professional solicitor to the attorney general not more than seven days after the change occurs.

(e) Each contribution in the control or custody of the professional solicitor, in its entirety and within five days of its receipt, shall be deposited in an account at a bank or other federally insured financial institution, which shall be in the name of the charitable organization. The charitable organization shall maintain and administer the account and shall have sole control of all withdrawals. [L 2004, c 93, pt of §1; am L 2006, c 168, §3; am L 2008, c 174, §4; am L 2016, c 163, §4; am L 2017, c 86, §3; am L 2019, c 66, §1]

§467B-2.5 Professional solicitor financial reports; contribution account. [Section effective July 1, 2026. For section effective until June 30, 2026, see above. L 2025, c 108, §§10, 13. ] (a) A professional solicitor shall file with the attorney general a financial report for any charitable solicitation campaign, including gross revenue from Hawaii donors and national gross revenue and an itemization of all expenses incurred on a form prescribed by the attorney general no more than ninety days after the end of the solicitation campaign and, for solicitation campaigns lasting more than one year, within ninety days after each anniversary of the commencement of the solicitation campaign and within ninety days after the end of the solicitation campaign.

(b) The attorney general may require the fina n cial report required by subsection (a) to be s ubmitted electr o nically and m a y require the use of electronic sig n at u res. This report shall be signed by the professional solicitor, or an authorized officer or agent of the professional solicitor who shall certify that the statements therein are true and correct to the best of the solicitor's, officer's, or agent's knowledge subject to penalties imposed by section 710-1063. If a financial report required under this section is not filed in a timely manner, taking into account any extension of time for filing, unless it is shown that the failure is due to reasonable cause, an initial late filing fee of $100 shall be imposed, and an additional late filing fee of $20 per day shall be imposed, for each day during which the violation continues; provided that the total fee amount imposed under this subsection shall not exceed $1,000. The attorney general may waive all or part of the late filing fee imposed by this subsection if there is a reasonable cause for the failure to timely file. The professional solicitor shall provide a copy of the financial report to the charitable organization to which the financial report pertains within ten days of its submission of the report to the attorney general.

(c) A professional solicitor shall maintain during each solicitation campaign and for not less than three years after the completion of that campaign the following records, which shall be available for inspection upon demand by the attorney general:

(1) The date and amount of each contribution received and the name and address of each contributor;

(2) The name and residence of each employee, agent, or other person involved in the solicitation;

(3) Records of all revenue received and expenses incurred in the course of the solicitation campaign; and

(4) The location and account number of each bank or other financial institution account in which the professional solicitor has deposited revenue from the solicitation campaign.

(d) Any material change in any information filed with the attorney general pursuant to this section shall be reported in writing by the professional solicitor to the attorney general not more than seven days after the change occurs.

(e) Each contribution in the control or custody of the professional solicitor in its entirety and within five days of its receipt, shall be deposited in an account at a bank or other federally insured financial institution, which shall be in the name of the charitable organization. The charitable organization shall maintain and administer the account and shall have sole control of all withdrawals. [L 2004, c 93, pt of §1; am L 2006, c 168, §3; am L 2008, c 174, §4; am L 2016, c 163, §4; am L 2017, c 86, §3; am L 2019, c 66, §1; am L 2024, c 205, §4; am L 2025, c 108, §6]
Haw. Rev. Stat. § 461J-10 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-10
Biennial renewal; failure to renew.
Status: in_force

(a) The biennial renewal fee shall be paid to the department of commerce and consumer affairs on or before December 31 of each even-numbered year. Failure, neglect, or refusal of any licensee to pay the biennial renewal fee on or before such date shall constitute a forfeiture of the license.

(b) A forfeited license may be restored upon written application within one year from the date of forfeiture, provision of proof of completion of the required continuing competence units, and the payment of the delinquent fee plus an amount equal to fifty per cent of the delinquent fee. [L 1985, c 276, pt of §1; am L 2013, c 35, §3]
Haw. Rev. Stat. § 443B-18 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-18
Fraudulent, deceptive, or misleading representations.
Status: in_force

No collection agency shall use any fraudulent, deceptive, or misleading representation or means to collect, or attempt to collect, claims or to obtain information concerning a debtor or alleged debtor, including any conduct which is described as follows:

(1) The use of any company name while engaged in the collection of claims other than the true name of the collection agency;

(2) The failure to disclose clearly:

(A) In the initial written and initial oral communication made to collect, or attempt to collect, a claim or to obtain, or attempt to obtain, information about a debtor or alleged debtor that the collection agency is attempting to collect a claim and that any information obtained will be used for that purpose; and

(B) In subsequent communications that the communication is from a debt collector;

provided that this paragraph shall not apply to a formal pleading made in connection with a legal action;

(3) Any false representation that the collection agency has in its possession information or something of value for the debtor or alleged debtor that is made to solicit or discover information about the debtor or alleged debtor;

(4) The failure to disclose clearly the name and full business address of the person to whom the claim has been assigned for collection or to whom the claim is owed at the time of making any demand for money;

(5) Any false representation or implication of the character, extent, or amount of a claim against a debtor or alleged debtor, or of its status in any legal proceeding;

(6) Any false representation or false impression that any collection agency is vouched for, bonded by, affiliated with, or an instrumentality, agent, or official of, this State or any agency of federal, state, or local government;

(7) The use or distribution or sale of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by a court, an official, or any other legally constituted or authorized authority, or which creates a false impression about its source, authorization, or approval;

(8) Any representation that an existing obligation of the debtor or alleged debtor may be increased by the addition of attorney's fees, investigation fees, service fees, and any other fees or charges when in fact the fees or charges may not legally be added to the existing obligations; or

(9) Any false representation or false impression about the status or true nature of, or the services rendered by, the collection agency or its business. [L 1987, c 191, pt of §1; am L 2001, c 25, §1]
Haw. Rev. Stat. § 440G-7 — HI Code / Division 2 / Title 25 / Chapter 440G / Section 440G-7
Cable franchise application or proposal procedure; public hearing; notice.
Status: in_force

An application or proposal for a cable franchise shall be [processed] as follows:

(1) After the application or proposal and required fee are received by the director and within a time frame established by rule, the director shall notify an applicant in writing of the acceptance or nonacceptance for filing of an application or proposal for issuance of a cable franchise required by this chapter;

(2) After the issuance of a notice of acceptance for filing and within a time frame established by rule, the director shall hold a public hearing on the application or proposal to afford interested persons the opportunity to submit data, views, or arguments, orally or in writing. Notice thereof shall be given to the governing council and mayor of the county and to any telephone or other utility and cable company in the county in which the proposed service area is located. The director shall also give public notice of the application and hearing at least once in each of two successive weeks in the county in which the proposed service area is located. The last notice shall be given at least fifteen days prior to the date of the hearing;

(3) After holding a public hearing, the director shall approve the application or proposal in whole or in part, with or without conditions or modifications, or shall deny the application or proposal, with reasons for denial sent in writing to the applicant. If the director does not take final action after the issuance of a notice of acceptance for filing and within a time frame established by rule, the application or proposal shall be deemed denied; and

(4) The time limit for final action may be extended, on the director's approval of the applicant's request and justification in writing for an extension of time to the director at least two weeks in advance of the requested effective date of the extension, or by mutual agreement. [L 1970, c 112, pt of §1; am L 1987, c 301, §7; am L 1998, c 2, §101]
Haw. Rev. Stat. § 448-22 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-22
Prosecuting officers, duty.
Status: in_force

On notice from any member of the board of dentistry, the several prosecuting officers of the State shall institute prosecutions for offenses under this chapter.
Haw. Rev. Stat. § 437-52 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-52
Reciprocal rights and obligations among dealers, manufacturers, and distributors of motor vehicles.
Status: in_force

(a) A manufacturer or distributor shall not:

(1) Require any dealer in the State to enter into any agreement with the manufacturer or distributor or any other party that requires the law of another jurisdiction to apply to any dispute between the dealer and manufacturer or distributor, or requires that the dealer bring an action against the manufacturer or distributor in a venue outside of Hawaii, or requires the dealer to agree to arbitration or waive its rights to bring a cause of action against the manufacturer or distributor, unless done in connection with a settlement agreement to resolve a matter or pending dispute between a manufacturer or distributor, or officer, agent, or other representative thereof, and the dealer; provided that such agreement has been entered voluntarily for adequate and valuable consideration; and provided further that the renewal or continuation of a franchise agreement shall not by itself constitute adequate and valuable consideration;

(2) Require any dealer in the State to enter into any agreement with the manufacturer or distributor or any other party, to prospectively assent to a release, assignment, novation, waiver, or estoppel, which instrument or document operates, or is intended by the applicant or licensee to operate, to relieve any person from any liability or obligation of this chapter, unless done in connection with a settlement agreement to resolve a matter or pending dispute between a manufacturer or distributor, or officer, agent, or other representative thereof, and the dealer; provided that such agreement has been entered voluntarily for adequate and valuable consideration; and provided further that the renewal or continuation of a franchise agreement shall not by itself constitute adequate and valuable consideration;

(3) Cancel or fail to renew the franchise agreement of any dealer in the State without providing notice, and without good cause and good faith, as provided in section 437-58;

(4) Refuse or fail to offer an incentive program, bonus payment, holdback margin, or any other mechanism that effectively lowers the net cost of a vehicle to any franchised dealer in the State if the incentive, bonus, or holdback is made to one or more same line make dealers in the State;

(5) Unreasonably prevent or refuse to approve the relocation of a dealership to another site within the dealer's relevant market area. The dealer shall provide the manufacturer or distributor with notice of the proposed address and a reasonable site plan of the proposed location. The manufacturer or distributor shall approve or deny the request in writing no later than sixty days after receipt of the request. Failure to deny the request within sixty days constitutes approval;

(6) Require a dealer to construct, renovate, or make substantial alterations to the dealer's facilities unless the manufacturer or distributor can demonstrate that such construction, renovation, or alteration requirements are reasonable and justifiable based on reasonable business consideration, including current and reasonably foreseeable projections of economic conditions existing in the automotive industry at the time such action would be required of the dealer, and agrees to make a good faith effort to make available, at the dealer's option, a reasonable quantity and mix of new motor vehicles, which, after a reasonable analysis of market conditions, are projected to meet the sales level necessary to support the increased overhead incurred by the dealer as a result of the required construction, renovation, or alteration; provided that a dealer may be required by a manufacturer or distributor to make reasonable facility improvements and technological upgrades necessary to support the technology of the manufacturer's or distributor's vehicles. If the dealer chooses not to make such facility improvements or technological upgrades, the manufacturer or distributor shall not be obligated to provide the dealer with the vehicles which require the improvements or upgrades or any corresponding incentives or benefits. A manufacturer or distributor may not require a dealer to construct, renovate, or make substantial alterations to the dealer's facility if the dealer has completed a construction, renovation, or substantial alteration to the same component of the facility that was required and approved by the manufacturer or distributor within the previous ten years. For purposes of this paragraph, a "substantial alteration" means an alteration that has a major impact on the architectural features, characteristics, appearance, or integrity of a structure or lot. The term "substantial alteration" does not include routine maintenance, such as painting and repairs reasonably necessary to maintain a dealership facility in attractive condition, or any changes to items protected by federal intellectual property rights. If a dealer has completed facility construction, renovation, or substantial alteration under an incentive program, the manufacturer or distributor may not deny a dealer payment or benefits according to the terms of that program in place when the dealer began to perform under the program. If the incentive program under which the dealer completed a facility construction, renovation, or substantial alteration on or after January 1, 2016, does not contain a specific time period during which the manufacturer or distributor must provide payments or benefits to a dealer, then the manufacturer or distributor may not deny the dealer payment or benefits under the terms of that incentive program, as it existed when the dealer began to perform under the program for the balance of ten years after the manufacturer or distributor made the program available to the dealer, regardless of whether the manufacturer's or distributor's facility program has been changed or canceled. This paragraph shall not be construed to require a manufacturer or distributor to provide payment or benefits if changes have been made to the facility since the manufacturer's or distributor's approval that would render the facility non-compliant, regardless of whether the manufacturer's or distributor's image program has changed. Facility changes that are necessitated due to damage sustained from a natural disaster or as a result of necessary safety upgrades shall not be considered a change to the facility that renders the facility non-compliant; provided that those facility changes substantially restore the facilities to the previous or current compliant state. Eligibility for facility-related incentives under this paragraph shall not apply to:

(A) Lump sum payments for the cost of the facility upgrade;

(B) Payments on a per vehicle basis; and

(C) Any facility-related incentive program in effect with one or more dealers in the State on July 1, 2018.

Nothing in this paragraph shall be construed to allow a franchised motor vehicle dealer to impair or eliminate a manufacturer's or distributor's intellectual property or trademark rights and trade dress usage guidelines; impair other intellectual property interests owned or controlled by the manufacturer or distributor, including the design and use of signs; or refuse to change the design or branding of any signage or other branded items required by a manufacturer or distributor at any time, if the manufacturer or distributor requires those changes of all of its franchised dealers nationally;

(7) Require the dealer to establish or maintain an exclusive showroom or facility unless justified by current and reasonably expected future economic conditions existing in the dealer's market and the automobile industry at the time the request for an exclusive showroom or facility is made; provided that the foregoing shall not restrict the terms and conditions of any agreement for which the dealer has voluntarily accepted separate and valuable consideration;

(8) Condition the award of an additional franchise on the dealer entering a site control agreement or the dealer waiving its rights to protest the manufacturer's or distributor's award of an additional franchise within the dealer's relevant market area; provided that the foregoing shall not restrict the terms and conditions of any agreement for which the dealer has voluntarily accepted separate and valuable consideration;

(9) Require a dealer or the dealer's employees to attend a training program that does not relate directly to the sales or service of a new motor vehicle in the line make of that sold or serviced, or both, by the dealer;

(10) Require a dealer to pay all or part of the cost of an advertising campaign or contest, or purchase any promotional materials, showroom, or other display decorations or materials at the expense of the dealer without the consent of the dealer, which consent shall not be unreasonably withheld;

(11) Implement or establish a customer satisfaction index or other system measuring a customer's degree of satisfaction with a dealer as a sale or service provider unless any such system is designed and implemented in such a way that is fair and equitable to both the manufacturer and the dealer. In any dispute between a manufacturer, distributor, and a dealer, the party claiming the benefit of the system as justification for acts in relation to the franchise shall have the burden of demonstrating the fairness and equity of the system­ both in design and implementation in relation to the pending dispute. Upon request of any dealer, a manufacturer or distributor shall disclose in writing to such dealer a description of how that system is designed and applied to such dealer;

(12) Implement or establish an unreasonable, arbitrary, or unfair sales or service performance standard in determining a dealer's compliance with a franchise agreement. If the sales or service performance standard is to be used as the basis for a termination of a dealer, then the performance standard shall be deemed unreasonable, arbitrary, or unfair if the standard does not include material and relevant local market factors, including but not limited to the geography of the dealer's assigned territory as set forth in the franchise agreement, market demographics, change in population, product popularity, number of competitor dealers, and consumer travel patterns;

(13) Implement or establish a system of motor vehicle allocation or distribution to one or more of its dealers that is unfair, inequitable, or unreasonably discriminatory. As used in this paragraph, "unfair" includes without limitation, requiring a dealer to accept new vehicles not ordered by the dealer or the refusal or failure to offer to any dealer all models offered to its other same line make dealers in the State. The failure to deliver any motor vehicle shall not be considered a violation of this section if such failure is due to an act of God, work stoppage, or delay caused by a strike or labor difficulty, shortage of products or materials, freight delays, embargo, or other causes of which the motor vehicle franchisor shall have no control. Notwithstanding the foregoing, a dealer may be required by a manufacturer or distributor to make reasonable facility improvements and technological upgrades necessary to support the technology of the manufacturer's or distributor's vehicles. If the dealer chooses not to make such facility improvements or technological upgrades, the manufacturer or distributor shall not be obligated to provide the dealer with the vehicles which require the improvements or upgrades; or

(14) Require a dealer that is constructing, renovating, or substantially altering its dealership facility to purchase goods, building materials, or services for the dealership facility, including but not limited to office furniture, design features, flooring, and wall coverings, from a vendor chosen by the manufacturer or distributor if: goods, building materials, or services of a substantially similar appearance, function, design, and quality are available from other sources; and the franchised motor vehicle dealer has received the manufacturer's or distributor's approval; provided that this approval shall not be unreasonably withheld or unreasonably delayed. In the event that a manufacturer or distributor does not approve the dealer's use of substantially similar goods, building materials, or services, the manufacturer or distributor shall provide the dealer, in writing at the time of disapproval, a detailed list of reasons why the proposed substantially similar items are not acceptable. Nothing in this paragraph shall be construed to allow a franchised motor vehicle dealer to impair or eliminate a manufacturer's or distributor's intellectual property or trademark rights and trade dress usage guidelines or impair other intellectual property interests owned or controlled by the manufacturer or distributor, including the design and use of signs.

(b) Notwithstanding the provisions of any franchise agreement, a manufacturer or distributor shall not require a dealer to provide its consumer and proprietary data, or access the dealer's data management system to obtain consumer and proprietary data, unless written consent is provided by the dealer.

(c) Notwithstanding the provisions of any franchise agreement, a manufacturer or distributor:

(1) Shall allow a dealer to furnish consumer and proprietary data in a widely-accepted file format, such as comma-separated values, and through a third-party vendor selected by the dealer;

(2) May not require a dealer to grant the manufacturer or distributor access to the dealer's data management system to obtain consumer and proprietary data;

(3) May access or obtain consumer data directly from a dealer's data management system only with the express written consent of the dealer;

(4) May not take any adverse action against a dealer for refusing to grant access to the dealer's data management system;

(5) May require that a dealer of the manufacturer or distributor provide consumer data and proprietary data that pertains to any of the following:

(A) Claims for warranty parts or repairs;

(B) Data pertaining to the sale and delivery of a new or certified pre-owned vehicle of any line make of the manufacturer or distributor;

(C) Safety or recall obligations;

(D) Validation and payment of customer or dealer incentives;

(E) Analytics; or

(F) Reasonable marketing purposes for the benefit of the providing dealer;

(6) May not require a dealer to grant access to the dealer's data management system through the franchise agreement or as a condition of renewal or continuation of the franchise agreement;

(7) May not release or cause to be released nonpublic personal information about a dealer's customers, as defined in title 15 United States Code section 6809(4), to:

(A) Another dealer unless the franchise has been terminated, the customer has relocated out of the State or to a different island in the State, or the dealer whose information is being released has provided written consent; or

(B) Any other third party unless the manufacturer or distributor provides the dealer with advanced written notice that the manufacturer or distributor intends to distribute the information to the third party; and

(8) Shall indemnify the dealer for any third-party claims asserted against or damages incurred by the dealer to the extent the claims or damages are caused by the access to and unlawful disclosure of consumer and proprietary data resulting from a breach caused by the manufacturer or distributor or a third party to which the manufacturer or distributor has provided the consumer and proprietary data in violation of this section, the written consent granted by the dealer, or other applicable state or federal law.

(d) Written consent under subsection (c)(3):

(1) Shall be separate from the dealer franchise agreement;

(2) Shall be executed by the dealer; and

(3) May be withdrawn by the dealer upon thirty days' written notice to the manufacturer or distributor.

(e) For purposes of this section:

"Consumer and proprietary data" means a dealer's customer and prospective customer information, customer lists, service files, transaction data, or other proprietary business information. "Consumer and proprietary data" does not include the same or similar data which is obtained by a manufacturer from any other source.

"Data management system" means a computer hardware or software system that is owned, leased, or licensed by a dealer, including a system of web-based applications, and is located at the dealership or hosted remotely, which stores and provides access to consumer and proprietary data collected and which is stored by the dealer or on behalf of a dealer. [L 2010, c 164, pt of §2; am L 2018, c 163, §4]

Revision Note

"July 1, 2018" substituted for "the effective date of this Act" pursuant to §23G-15.
Haw. Rev. Stat. § 451K-3 — HI Code / Division 2 / Title 25 / Chapter 451K / Section 451K-3
Powers and duties of the director.
Status: in_force

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

(1) Examine and approve the qualifications of all applicants under this chapter and issue a license to each successful applicant granting permission to use the title of "licensed genetic counselor" or "genetic counselor" in this State pursuant to this chapter and the rules adopted pursuant thereto;

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

(3) Administer, coordinate, and enforce this chapter and rules adopted pursuant thereto;

(4) Discipline a licensed genetic counselor for any cause described by this chapter or for any violation of the rules, and refuse to license an individual for failure to meet licensure requirements or for any cause that would be grounds for disciplining a licensed genetic counselor; and

(5) Work with the department of health's genetics program to assist with the implementation of this chapter and the rules adopted pursuant thereto. [L 2009, c 191, pt of §2]
Haw. Rev. Stat. § 453-19 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-19
Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction requiring registration as a sex offender;
Status: in_force

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

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

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

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

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

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

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

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

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

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

(2) The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense. [L 2025, c 273, §12]
Haw. Rev. Stat. § 468L-24 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-24
Maintenance of charter tour operator accounts.
Status: in_force

(a) Every charter tour operator shall maintain adequate books and records that provide for a proper accounting of total qualified charter tour client trust assets and qualified charter tour client trust liabilities for all charter tours for which funds have been accepted.

(b) Every charter tour operator shall maintain in its books and records a charter tour trust liability account for the purpose of accounting for qualified charter tour client trust liabilities.

(c) The charter tour trust liability account shall only be adjusted in the following manner:

(1) The charter tour trust liability account shall be reduced by the amount of actual payments made by the charter tour operator for air transportation, hotel accommodations, baggage handling, or ground transportation charges with respect to the charter tour operator's current obligations to provide travel services or to past travel services provided by the charter tour operator; provided that the charter tour trust liability account shall not be reduced for any expenditure which constitutes a qualified prepaid charter tour client trust asset;

(2) The charter tour trust liability account shall be reduced by the amount of payments made by the charter tour operator of federal transportation taxes that are payable as a result of a charter tour and for commissions payable to third party travel agents; and

(3) Only after:

(A) All of the liabilities described in paragraphs (1) and (2) with respect to a specific charter tour have been satisfied through payment;

(B) The obligation to provide travel services has been fully provided; and

(C) The travel has been completed;

then and only then, may any funds remaining in the charter tour client trust account relating to the specific charter tour be withdrawn from the charter tour client trust account and deposited into the general accounts of the charter tour operator, and the charter tour trust liability account shall be reduced by the amount so withdrawn from the charter tour client trust account. [L 1999, c 258, pt of §3]
Haw. Rev. Stat. § 454F-52 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-52
Employment transition of loan originators.
Status: in_force

In anticipation of satisfying all licensure requirements set out in part I, an individual shall be deemed to have temporary authority to act as a mortgage loan originator in this State as provided by and subject to the requirements of this part.
Haw. Rev. Stat. § 454M-13 — HI Code / Division 2 / Title 25 / Chapter 454M / Section 454M-13
Presumption of control.
Status: in_force

An individual is presumed to control an entity if that individual is:

(1) An executive officer of the entity; or

(2) A director, general partner, or managing member who directly or indirectly has the right to vote ten per cent or more of a class of voting securities of the entity or has the power to sell or direct the sale of ten per cent or more of a class of voting securities of the entity. [L 2017, c 46, pt of §1]
Haw. Rev. Stat. § 445-29 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-29
Designation of place for business.
Status: in_force

Every licensed auctioneer shall file with the treasurer of the county in which the auctioneer is licensed, a statement in writing signed by the auctioneer designating the auctioneer's place for holding auction in the county. Upon any change in location, the auctioneer shall immediately file a new designation.
Haw. Rev. Stat. § 445-94 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-94
[Clearance required.
Status: in_force

§445-94 [Clearance required.] No person shall operate a lodging or tenement house, group home, group residence, group living arrangement, hotel, or boardinghouse, until the person secures a clearance from the appropriate county agency responsible for ensuring compliance with county building and zoning codes setting forth that an agent of the agency has examined the building or buildings, proposed to be used for such purposes, with a description sufficient to identify and locate the same; and that the same are in compliance with the building and zoning codes.
Haw. Rev. Stat. § 458-14 — HI Code / Division 2 / Title 25 / Chapter 458 / Section 458-14
Exceptions; acts not prohibited.
Status: in_force

(a) Nothing in this chapter applies to any physician, optometrist, or ophthalmologist licensed under the laws of the State, nor shall anything in this chapter prohibit the sale of glasses, sun glasses, colored glasses, or eye devices if they do not have refractive values and are not contact lenses.

(b) Nothing in this chapter shall be construed to prohibit a certified ocularist who is certified by the American Board of Ocularistry, the National Examining Board of Ocularists, or any other nationally recognized ocularistry certifying board from performing within the scope of such certification; provided that the ocularist performs only those functions dealing with the designing, fitting, and fabricating of artificial eyes, and not contact lenses of refractive value, and is under the supervision of a licensed ophthalmologist or optometrist. The ocularist shall inform the director in writing of the name of the supervising ophthalmologist or optometrist. [L 1949, c 183, pt of §1; RL 1955, §69-14; HRS §458-14; am L 1988, c 198, §1; am L 2008, c 63, §2; am L 2019, c 242, §2]
Haw. Rev. Stat. § 443B-4.51 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-4.51
Certificate of registration.
Status: in_force

Each certificate of registration shall be in a form prescribed and signed by the director, and shall be issued in the name of the department.
Haw. Rev. Stat. § 437B-10 — HI Code / Division 2 / Title 25 / Chapter 437B / Section 437B-10
Certified repair dealer.
Status: in_force

A dealer is a licensed and certified motor vehicle repair dealer if not less than fifty per cent of the mechanics employed by the dealer on a full-time basis are licensed-certified mechanics.
Haw. Rev. Stat. § 463-5 — HI Code / Division 2 / Title 25 / Chapter 463 / Section 463-5
Private detectives and detective agencies; license required.
Status: in_force

(a) No individual shall engage in the business of private detective, represent oneself to be, hold oneself out as, list oneself, or advertise as a private detective or as furnishing detective or investigating services without first obtaining a license as a private detective from the board and paying the application and license fees.

(b) No firm shall engage in the business of private detective, represent itself to be, hold itself out as, list itself as, or advertise as a private detective agency or as furnishing detective or investigating services without first obtaining a license as a private detective agency from the board and paying the application and license fees. A detective agency shall have in its employ at least one principal detective who shall be fully responsible for the direct management and control of the detective agency and the agency's employees when detective services are being provided. [L 1961, c 77, pt of §1; Supp, §165A-5; HRS §463-5; am L 1983, c 40, §2; am L 1984, c 7, §68; am L 1987, c 57, §2; am L 1994, c 122, §2; am L 2004, c 94, §4; am L 2006, c 13, §1]
Haw. Rev. Stat. § 467E-2 — HI Code / Division 2 / Title 25 / Chapter 467E / Section 467E-2
Social worker licensing program.
Status: in_force

There is established a social worker licensing program within the department to be administered by the director that shall recognize the "licensed bachelor social worker" or "L.B.S.W.", the "licensed social worker" or "L.S.W.", and the "licensed clinical social worker" or "L.C.S.W.".
Haw. Rev. Stat. § 445-90.5 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-90.5
Exemption.
Status: in_force

A facility owned or used by a government agency or by a nonprofit agency which is registered with the department of commerce and consumer affairs and providing services by contract for a government agency, shall be exempt from this chapter.
Haw. Rev. Stat. § 457A-1 — HI Code / Division 2 / Title 25 / Chapter 457A / Section 457A-1
Findings and purpose.
Status: in_force

(a) The legislature recognizes that 42 United States Code sections 1395i-3 and 1396r require nurse aides working in nursing facilities participating in medicare and medicaid programs to be certified.

(b) The legislature also recognizes that nurse aides who work in state-licensed or state-certified health care settings should be certified for the purpose of consumer safety and held to similar standards of competency and evaluation appropriate for these settings. This chapter implements 42 United States Code sections 1395i-3 and 1396r with respect to:

(1) Establishing the State's regulatory scheme for certifying nurse aides;

(2) Defining the scope of regulation;

(3) Establishing standards for certification and biennial recertification; and

(4) Establishing an interagency agreement between the state agencies responsible for various aspects of the program. [L 1990, c 271, pt of §1; am L 1994, c 185, §3(1); am L 2007, c 226, §5]
Haw. Rev. Stat. § 466-33 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-33
Standards for peer reviews and sponsoring organizations.
Status: in_force

(a) Except as otherwise provided by section 466-36, the board shall adopt the Standards for Performing and Reporting on Peer Reviews and any applicable ethical requirements adopted by the American Institute of Certified Public Accountants and the public company accounting oversight board firm inspection standards for public company audit firms required under the Sarbanes-Oxley Act of 2002, as amended, as its minimum standards for peer reviews.

(b) Subject to sections 466-40 and 466-41, qualified sponsoring organizations shall be the American Institute of Certified Public Accountants peer review program, the Hawaii Society of Certified Public Accountants peer review program, state certified public accountant societies fully involved in the administration of the American Institute of Certified Public Accountants peer review program, the public company accounting oversight board, the board, and other entities that are approved by the board. [L 2012, c 324, pt of §1]
Haw. Rev. Stat. § 465-1 — HI Code / Division 2 / Title 25 / Chapter 465 / Section 465-1
Definitions.
Status: in_force

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

"Associate psychologist" [Definition effective July 1, 2026.] means a person who:

(1) Has completed all educational requirements under section 465-7.2(a)(1);

(2) Has been issued a provisional license under this chapter; and

(3) Is currently engaging in post-doctoral supervised experience in health service in psychology pursuant to an organized health service training program approved by the board.

"Board" means the board of psychology.

"Continuing education" means courses approved by the American Psychological Association, the Hawaii Psychological Association, or other state or provincial psychological associations.

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

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

"Institution of higher education" means a university, professional school, or other institution of higher learning that:

(1) In the United States, is regionally accredited by bodies approved by the Council on Postsecondary Accreditation and the United States Department of Education;

(2) In Canada, holds a membership in the Association of Universities and Colleges of Canada; or

(3) In other countries, is accredited by the respective official organization having such authority.

"Licensed" means the authority to engage in the autonomous practice of psychology. The terms certified, registered, chartered, or any other term chosen by a jurisdiction used in the same capacity as licensed are considered equivalent terms.

"Practice of psychology" means the observation, description, evaluation, interpretation, or modification of human behavior by the application of psychological principles, methods, or procedures, for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health. The practice of psychology includes, but is not limited to, psychological testing and the evaluation or assessment of personal characteristics, such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning; counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy; diagnosis and treatment of mental and emotional disorder or disability, alcoholism and substance abuse, and disorders of habit or conduct, as well as of the psychological aspects of physical illness, accident, injury, or disability; and psychoeducational evaluation, therapy, remediation, and consultation. Psychological services may be rendered to individuals, families, groups, organizations, institutions, and the public. The practice of psychology shall be construed within the meaning of this definition without regard to whether payment is received for services rendered.

"Professional psychology training program" means a doctoral training program that includes (1) and (2), or (1) and (3) of the following:

(1) Is a planned program of study which reflects an integration of the science and practice of psychology including practica and internship; and

(2) Is designated as a doctoral program in psychology by the Association of State and Provincial Psychology Boards and the National Register of Health Service Providers in Psychology or is accredited by the Canadian Psychological Association; or

(3) Is offered in a regionally accredited institution of higher education.

"Psychologist" means a person who offers to the public or renders to individuals or to groups of individuals services defined as the practice of psychology. A person represents to be a psychologist if the person uses any title or description of services incorporating the words "psychology", "psychological", "psychologist", or "psychotherapy", or if the person offers or renders to individuals or to groups of individuals services defined as the practice of psychology.

"Regionally accredited institution" means an institution of higher education accredited by the bodies approved by the Council on Postsecondary Accreditation and the United States Department of Education. [L 1967, c 290, pt of §1; HRS §465-1; am L 1971, c 84, §1; am L 1981, c 99, §1; am L 1983, c 136, §1; am L 1984, c 7, §72; am L 1985, c 115, §3; am L 1986, c 183, §1; am L 1988, c 197, §1; am L 1994, c 125, §1; am L 2000, c 7, §1; am L 2014, c 187, §2; am L 2024, c 93, §21]
Haw. Rev. Stat. § 457-13 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-13
Exceptions.
Status: in_force

This chapter does not prohibit:

(1) The furnishing of nursing assistance in an emergency;

(2) The practice of nursing that is incidental to the program of study engaged in by students enrolled in nursing education programs accredited by the board;

(3) The practice of any legally qualified nurse of another state who is employed by the United States or any bureau, division, or agency thereof, while in the discharge of the nurse's official duties;

(4) The practice of nursing in connection with healing by prayer or spiritual means alone in accordance with the tenets and practice of any well recognized church or religious denomination; provided that no person practicing the nursing described in this paragraph claims to practice as a registered nurse or a licensed practical nurse;

(5) The administration of oral and topical medication and in emergency situations, other premeasured medication, by school health assistants as provided in section 302A-853; or

(6) The practice of nursing by a nurse licensed in another state, territory, or country who is accompanying a patient or patients from out of state for less than two weeks and who is not employed by or affiliated with a health care entity in the State. [L 1970, c 71, pt of §1; am L 1981, c 200, §2; am L 1983, c 119, §10; am L 1990, c 105, §4; am L 1991, c 139, §1; am L 1997, c 217, §6; am L 2022, c 203, §4; am L 2023, c 173, §6; am L 2024, c 95, §4]
Haw. Rev. Stat. § 444-2.5 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-2.5
Owner-builder exemption.
Status: in_force

(a) This chapter shall not apply to owners or lessees of property who build or improve residential or farm buildings or structures on property for their own use, or for use by their grandparents, parents, siblings, or children, and who do not offer the buildings or structures for sale or lease; provided that:

(1) To qualify for an exemption under this section, the owner or lessee shall register for the exemption as provided in section 444-9.1;

(2) The exemption under this section shall not apply to electrical or plumbing work that must be performed only by persons or entities licensed in accordance with this chapter, unless the owner or lessee of the property is licensed for such work under chapter 448E;

(3) An owner or lessee exempted under this section shall:

(A) Supervise the construction activity on the exempt buildings or structures;

(B) Hire subcontractors appropriately licensed under this chapter to perform any part of the construction activity for which a license is required;

(C) Ensure that any electrical or plumbing work is performed by persons and entities appropriately licensed under this chapter or chapter 448E;

(D) Deduct Federal Insurance Contributions Act and withholding taxes and provide workers' compensation insurance for persons working on the construction activity who are not licensed under this chapter or chapter 448E and who shall be considered employees of the owner or lessee; and

(E) Ensure that the construction activity complies with all applicable laws, ordinances, building codes, and zoning regulations;

(4) Until completion of the construction activity, an owner or lessee exempted under this section shall make available the following records for immediate inspection upon request by the department:

(A) A copy of the building permit application;

(B) A copy of the issued building permit;

(C) Copies of all contracts with the names of all persons who performed or are performing work on the exempt buildings and structures; and

(D) Proof of payment to all persons contracted to work on the exempt buildings and structures; and

(5) Upon completion of the construction activity, an owner or lessee exempted under this section shall keep and maintain the records identified in paragraph (4) for a period of three years from completion of the construction activity and shall make the records available for inspection within seven business days upon request by the department.

(b) Proof of the sale or lease, or offering for sale or lease, of the structure within one year after completion shall be prima facie evidence that the construction or improvement of the structure was undertaken for the purpose of sale or lease; provided that this subsection shall not apply to:

(1) Residential properties sold or leased to employees of the owner or lessee;

(2) Construction or improvements performed pursuant to an approved building permit where the estimated valuation of work to be performed, as reflected in the building permit, is less than $10,000; or

(3) Any sale or lease caused by an eligible unforeseen hardship as determined by the board pursuant to subsection (c).

(c) The board shall determine the eligibility of an unforeseen hardship claimed by an owner under subsection (b); provided that an alleged unforeseen hardship shall not be deemed eligible if the board determines that the construction or improvement of the structure was undertaken for the purpose of sale or lease. An exemption for an unforeseen hardship shall not be denied solely because of lack of completion, as the term is defined in subsection (e). An owner seeking a determination of eligibility of an unforeseen hardship shall:

(1) Be in compliance with the requirements set forth in the disclosure statement required to be provided under section 444-9.1; and

(2) Submit a written application to the board at any time prior to selling, leasing, or offering to sell or lease the property describing the nature of the applicant's unforeseen hardship. The application shall include supporting documentation detailing the hardship, such as:

(A) Evidence of receipt of unemployment compensation;

(B) Tax returns;

(C) Medical records;

(D) Bank statements;

(E) Divorce decrees ordering sale of property;

(F) Mortgage default letters; or

(G) Bankruptcy filings.

The board shall communicate its determination to the owner in writing within ninety days of receiving a completed application under this subsection.

(d) Any owner or lessee of property found to have violated this section shall not be permitted to engage in any activities pursuant to this section or to register under section 444-9.1 for a period of three years. There is a rebuttable presumption that an owner or lessee has violated this section when the owner or lessee obtains an exemption from the licensing requirements of section 444-9 more than once in two years.

(e) For the purposes of this section, "completion" means the date of final inspection approval by the county.

(f) An owner or lessee exempted under this section shall not be eligible to recover from the contractors recovery fund.

(g) This section shall not apply to agricultural buildings, structures, or appurtenances thereto that do not require a building permit or are exempt from the building code. [L 2010, c 44, §2; am L 2011, c 115, §1; am L 2013, c 176, §2]
Haw. Rev. Stat. § 467E-15 — HI Code / Division 2 / Title 25 / Chapter 467E / Section 467E-15
Privileged communication.
Status: in_force

Communications between licensed clinical social workers and their clients shall be treated in the same manner as provided for psychologist-client privilege under rule 504.1 of the Hawaii Rules of Evidence.
Haw. Rev. Stat. § 442-19 — HI Code / Division 2 / Title 25 / Chapter 442 / Section 442-19
Violations, penalty.
Status: in_force

Any person who practices or attempts to practice chiropractic, or any person who buys, sells, or fraudulently obtains a license to practice chiropractic, whether recorded or not, or who uses the title "chiropractor" or "D.C.", or any word or title to induce, or tending to induce belief that the person is engaged in the practice of chiropractic, without first complying with this chapter; or any licensee under this chapter who uses the word "doctor" or the prefix "Dr." without the word "chiropractor" or "D.C." immediately following the licensee's name, or uses the letters "M.D." or the words "doctor of medicine", or the term "surgeon", or the term "physician", or the word "osteopath", or the letters "D.O.", or any other letters, prefixes, or suffixes, the use of which would indicate that the licensee is practicing a profession for which the licensee holds no license from the State, or any person who violates any of the provisions of this chapter, shall be fined not more than $1,000, or imprisoned not more than ninety days, or both.
Haw. Rev. Stat. § 466-2 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-2
Short title.
Status: in_force

This chapter may be cited as the Public Accountancy Law of 1973.
Haw. Rev. Stat. § 457-16 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-16
Severability.
Status: in_force

If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this 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. § 437-8 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-8
REPEALED.
Status: in_force

L 1992, c 202, §183.
Haw. Rev. Stat. § 465-7 — HI Code / Division 2 / Title 25 / Chapter 465 / Section 465-7
Requirements for licensing.
Status: in_force

(a) [Subsection effective until June 30, 2026. For subsection effective July 1, 2026, see below.] Every applicant for a license as a psychologist shall submit evidence satisfactory to the board that the applicant meets the following requirements:

(1) The applicant for licensure shall possess a doctoral degree from:

(A) An American Psychological Association approved program in clinical psychology, counseling psychology, school psychology, or programs offering combinations of two or more of these areas; or

(B) A professional psychology training program, awarded by an institution of higher education, or from a regionally accredited institution;

(2) The applicant for licensure shall demonstrate that the applicant has completed one year of post doctoral supervised experience in health service in psychology, and:

(A) An internship approved by the American Psychological Association; or

(B) One year of supervised experience in health service in psychology, in an internship or residency program in an organized health service training program; and

(3) The applicant for licensure has passed an examination as may be prescribed by the board.

(a) [Subsection effective July 1, 2026. For subsection effective until June 30, 2026, see above.] Every applicant for a license as a psychologist shall submit evidence satisfactory to the board that the applicant meets the following requirements:

(1) The applicant for licensure shall possess a doctoral degree from:

(A) An American Psychological Association approved program in clinical psychology, counseling psychology, school psychology, or programs offering combinations of two or more of these areas; or

(B) A professional psychology training program, awarded by an institution of higher education, or from a regionally accredited institution;

(2) The applicant for licensure shall demonstrate that the applicant has completed one year of post doctoral supervised experience in health service in psychology, and:

(A) An internship approved by the American Psychological Association; or

(B) One year of supervised experience in health service in psychology, in an internship or residency program in an organized health service training program; and

(3) The applicant for licensure has passed an examination as may be prescribed by the board; provided that applicants issued an associate psychologist provisional license pursuant to section 465-7.2 shall be authorized to take the examination upon the issuance of the license; provided further that the authorization to take the examination shall terminate on the date the provisional license expires or if disciplinary action is taken on the license.

(b) Notwithstanding subsection (a), a license may be issued to an applicant who holds:

(1) A diplomate certificate in good standing granted by the American Board of Professional Psychology;

(2) A current Certificate of Professional Qualification in Psychology issued by the Association of State and Provincial Psychology Boards; or

(3) A current National Register of Health Service Providers in Psychology credential.

(c) A license may be issued to a senior psychologist who:

(1) Holds a valid and current license in another jurisdiction in which the Examination for Professional Practice in Psychology was not required for licensure at the time of licensure or in a jurisdiction in which the Examination for Professional Practice in Psychology was required and the applicant obtained a score that was equal to or higher than the board's passing score at the time the applicant sat for the Examination for Professional Practice in Psychology;

(2) Before application in this jurisdiction, has been licensed as a psychologist for at least twenty years in United States or Canadian jurisdictions where that license was based on a doctoral degree. The total of twenty years shall be obtained by counting sequential, not concurrent, years of licensure;

(3) Has had no disciplinary sanction against the person's license in any jurisdiction during the entire period of being licensed as a psychologist; and

(4) Has submitted the application and fees as required. [L 1967, c 290, pt of §1; HRS §465-7; am L 1971, c 84, §5; am L 1983, c 95, §2; am L 1984, c 142, §1; am L 1985, c 68, §15 and c 115, §9; am L 1991, c 91, §1; am L 1994, c 125, §3; am L 1997, c 37, §§2, 3; am L 1998, c 40, §1; am L 2000, c 7, §2; am L 2003, c 79, §1; am L 2015, c 9, §2; am L 2024, c 93, §26]
Haw. Rev. Stat. § 467E-12.5 — HI Code / Division 2 / Title 25 / Chapter 467E / Section 467E-12.5
Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction requiring registration as a sex offender;
Status: in_force

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

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

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

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

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

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

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

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

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

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

(2) The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense. [L 2025, c 273, §28]
Haw. Rev. Stat. § 446E-2 — HI Code / Division 2 / Title 25 / Chapter 446E / Section 446E-2
Disclosures.
Status: in_force

(a) Any unaccredited institution shall disclose in all catalogs, promotional materials, and contracts for instruction, the fact that the institution is not accredited by any nationally recognized accrediting agency listed by the United States Secretary of Education. The disclosure shall be made in a type size as large or larger than any other text in the catalog, promotional material, or contract for instruction, excluding the name of the unaccredited institution, and shall be presented in a manner reasonably calculated to draw the attention of the reader. If the unaccredited institution includes in its catalogs, promotional materials, or contracts for instruction any other information relating in any manner to accreditation, or to accreditation by an agency not nationally recognized by the United States Secretary of Education, the disclosure required by this subsection shall be repeated on every page on which the information appears. Where the information is presented electronically, the disclosure shall be made directly preceding or following the information. The disclosure shall read as follows:

(Name of Degree Granting Institution) IS NOT ACCREDITED

BY AN ACCREDITING AGENCY

RECOGNIZED BY THE UNITED STATES

SECRETARY OF EDUCATION.
Haw. Rev. Stat. § 467-17 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-17
Additional payments to fund.
Status: in_force

(a) If the balance remaining in the real estate recovery fund is less than $350,000, the department of commerce and consumer affairs shall assess every real estate licensee an additional payment to the recovery fund as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91 for deposit in the real estate recovery fund.

(b) The failure of the licensee to pay the assessment within sixty days from the date of assessment shall constitute a forfeiture of the license. The commission may impose other penalties or requirements as a condition to restoration of the license. [L 1967, c 187, pt of §1; HRS §467-17; am L 1983, c 116, §6; am L 1988, c 145, §4]
Haw. Rev. Stat. § 466-6 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-6
License of public accountant.
Status: in_force

(a) A license and a permit are required to actively practice public accountancy. A person:

(1) Who has attained eighteen years of age;

(2) Who possesses a history of competence, trustworthiness, and fair dealing;

(3) Who was serving in the armed forces of the United States on June 15, 1955;

(4) Who was a resident of the Territory of Hawaii at the time of entering such service in the armed forces; and

(5) Who at the time of entering such service, met the requirements set forth in subparagraph (A), (B) or (C) of this subsection, shall, upon application to the board within six months after honorable discharge or release from such service, be licensed by the board as a "public accountant":

(A) Any person who held oneself out to the public as being engaged in the practice of public accountancy and who was engaged in the practice of public accountancy as the person's principal occupation, either on the person's own account or as a member of a firm, or as an employee of a certified public accountant, or public accountant, and was regularly assigned to accountancy engagements;

(B) Any person who was engaged in accounting or auditing work in the Territory of Hawaii as an employee of the United States, of the Territory, or of any county, in a position in grade GS-9 under the territorial classification schedule in effect on March 1, 1955, or the equivalent or higher grade; or

(C) Any person who was engaged in private accounting or auditing who has had not less than three years of experience in such work, or in public accounting, or both, and whose experience was of such a character and for a length of time sufficient in the opinion of the board to be substantially equivalent to three years of public accounting experience.

(b) Licenses shall be effective for a period not exceeding two years and shall be renewable biennially on or before December 31 of every odd-numbered year upon application to the board.

(c) A person who, on January 1, 1974, holds a license of public accountant under the laws of this State theretofore existing, shall not be required to obtain an additional license under this chapter, but shall otherwise be subject to all the provisions of this chapter; and such previous license shall, for all purposes, be considered a license under this chapter and subject to the provisions herein. [L 1973, c 158, pt of §2; am L 1975, c 118, §30(2); gen ch 1985; am L 1989, c 110, §7]
Haw. Rev. Stat. § 467-25 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-25
Disciplinary action against licensee.
Status: in_force

Nothing contained herein shall limit the authority of the real estate commission to take disciplinary action against any licensee for a violation of this chapter, or the rules and regulations of the commission; nor shall the repayment in full of all obligations to the real estate recovery fund by any licensee nullify or modify the effect of any other disciplinary proceeding brought pursuant to this chapter.
Haw. Rev. Stat. § 448-20 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-20
Practicing for advertising purposes, penalty.
Status: in_force

Any person who extracts teeth or performs any other operation pertaining to dentistry for the purpose of advertising, exhibiting, or selling any medicine, instrument, or business of any description, whether the extraction or operation is for pay or not, shall be fined not more than $200.
Haw. Rev. Stat. § 451K-16 — HI Code / Division 2 / Title 25 / Chapter 451K / Section 451K-16
Rules.
Status: in_force

The department may adopt rules under chapter 91 as necessary for the purposes of this chapter.
Haw. Rev. Stat. § 436B-15.5 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-15.5
Conversion of license.
Status: in_force

(a) Notwithstanding any other provision of law to the contrary, a licensee who has converted its form of business entity in accordance with sections 414-271, 414D-207, 415A-16.5, 425E-1102, and 428-902.5, and desires to continue engaging in a profession or vocation subject to this chapter in its new form of business entity shall:

(1) File an application for conversion of a license and pay the initial application fee specified in the statutes or rules of the profession or vocation, within thirty calendar days after the effective date of the conversion; and

(2) Continue to meet the other licensing requirements of that profession or vocation.

(b) Failure to comply with the requirements of this section shall cause the license to be automatically forfeited. A licensee whose license is forfeited shall not engage in the profession or vocation until the license is restored or the licensee obtains a new license. [L 2001, c 149, §1; am L 2003, c 210, §11]
Haw. Rev. Stat. § 468M-13 — HI Code / Division 2 / Title 25 / Chapter 468M / Section 468M-13
Injunctions.
Status: in_force

In any civil proceeding brought pursuant to this chapter, the court may also enjoin any activity that violates this chapter.
Haw. Rev. Stat. § 467-11 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-11
Fees; original license and biennial renewals.
Status: in_force

(a) All fees for applications, registrations, certificates, and any license prescribed by this chapter shall be deposited to the credit of the compliance resolution fund established pursuant to section 26-9(o), and all fees allocated to the real estate education fund shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91.

(b) The biennial renewal fee and completed renewal application shall be submitted to the department of commerce and consumer affairs on or before the commission-prescribed deadline and prior to the expiration date of the license. All real estate licenses expire on December 31 of an even-numbered year. Failure, neglect, or refusal of any duly licensed real estate broker or real estate salesperson to pay the biennial renewal fee and to submit a completed renewal application shall constitute a forfeiture of the license as of January 1 of the subsequent odd-numbered year.

(c) The forfeited license of an individual real estate broker or real estate salesperson may be restored upon compliance with the licensing renewal requirements provided by law; submission of a complete written application; payment of all applicable renewal fees, penalty fees, compliance resolution fund fees, and, if applicable, recovery fund assessments; satisfaction of the applicable requirements in sections 467-8 and 467-9; submission of written documentation demonstrating compliance with section 467-11.5; and, for individual licensees, satisfaction of one of the following as applicable:

(1) For a license forfeited for more than one year but less than four years, the successful completion of the commission-approved course or courses or passage of the commission-approved examination; or

(2) For a license forfeited for more than four years but less than five years, the successful passage of the commission-approved examination.

(d) The license of any individual licensed as a real estate broker or a real estate salesperson who fails to apply for restoration of a forfeited license within five years from the date of forfeiture shall be automatically terminated. Once a license has been terminated pursuant to this section, the individual may apply for a new salesperson license pursuant to and subject to all applicable laws and rules in effect at the time of application.

(e) The license of any real estate broker other than a natural person that fails to apply for restoration of a forfeited license within one year from the date of forfeiture, shall be automatically terminated. Once a license has been terminated pursuant to this section, the entity may apply for a new license pursuant to and subject to all applicable laws and rules in effect at the time of application.

(f) A real estate broker or real estate salesperson may place that person's license on an inactive status by filing an application and setting forth information prescribed or required by the commission; the license shall be renewed on or before the commission-prescribed deadline prior to the expiration date of the license by payment of the biennial renewal fee and submission of a completed renewal application. A real estate broker or real estate salesperson may reactivate that person's inactive license by satisfying section 467-11.5, filing an application setting forth any information as may be prescribed or required by the commission, and paying the proper fee.

(g) The commission may refund any fee erroneously paid to it under this section when the commission deems it just and equitable. [L 1933, c 140, §10; RL 1935, §7319; am L 1935, c 126, §4; RL 1945, §7740; am L 1951, c 77, §4; am L 1953, c 252, §2; RL 1955, §170-10; am L 1957, c 188, §1; am L Sp 1959 2d, c 1, §§14, 15; am L 1961, c 184, §26; am L 1963, c 114, §§1, 3; HRS §467-11; am L 1971, c 17, §2; am L 1973, c 142, §1; am L 1975, c 118, §31; am L 1977, c 197, §1(3); am L 1983, c 116, §4; am L 1985, c 249, §1; gen ch 1985; am L 1987, c 283, §36; am L 1988, c 145, §2; am L 1991, c 155, §2; am L 1997, c 232, §9; am L 1999, c 240, §6; am L 2010, c 11, §2; am L 2019, c 29, §§10, 18(2); am L 2020, c 12, §§3, 8]
Haw. Rev. Stat. § 465-2 — HI Code / Division 2 / Title 25 / Chapter 465 / Section 465-2
License required.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] Except as otherwise provided in this chapter, it shall be unlawful to represent one's self as a psychologist or engage in the practice of psychology without having first obtained a license as provided in this chapter.

§465-2 License required. [Section effective July 1, 2026. For section effective until June 30, 2026, see above.] Except as otherwise provided in this chapter, it shall be unlawful to represent one's self as a psychologist or an associate psychologist or engage in the practice of psychology without having first obtained a license as provided in this chapter. [L 1967, c 290, pt of §1; HRS §465-2; am L 1971, c 84, §2; am L 1985, c 115, §4; am L 2024, c 93, §22]
Haw. Rev. Stat. § 466K — HI Code / Division 2 / Title 25 / Chapter 466K / Section 466K
‑5] Definitions.
Status: in_force

[§466K‑5] Definitions. For the purposes of this chapter, unless the context otherwise requires:

"Arbitrator" means an individual appointed to render an award in a controversy that is subject to an agreement to arbitrate.

"Uniform Standards of Professional Appraisal Practice" means the most recent iteration of the Uniform Standards of Professional Appraisal Practice developed by the appraisal standards board of The Appraisal Foundation and approved by the director. [L 2011, c 227, pt of §2]
Haw. Rev. Stat. § 460J-25 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-25
Insurance.
Status: in_force

No person shall engage in the business of pest control unless the person has filed with the board a general liability and workers' compensation insurance policy approved by the board in an amount prescribed by the board through its rules; provided that no employee of any company need have such policy in effect with respect to work covered by a policy of the company by which the employee is employed. This section shall not apply to vault fumigation.
Haw. Rev. Stat. § 448F-4 — HI Code / Division 2 / Title 25 / Chapter 448F / Section 448F-4
Regulation of electrologists.
Status: in_force

(a) In addition to any other powers and duties authorized by law, the department pursuant to chapter 91, may adopt rules as it deems necessary for the public health or safety relating to, but not limited to:

(1) The education, training, experience or qualifications required to obtain a license under this chapter;

(2) The practices, standards, or conduct of persons holding a license under this chapter; and

(3) The use of anesthetic injections, topical anesthetics, other medications, and prescription drugs.

(b) The department shall receive the assistance of the department of health in formulating rules relating to subsection (a)(3). All matters relating to the establishment and enforcement of sanitation requirements shall be under the jurisdiction of the department of health. [L 1990, c 285, pt of §1; am L 1992, c 202, §83]
Haw. Rev. Stat. § 444-22 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-22
Civil action.
Status: in_force

The failure of any person to comply with any provision of this chapter shall prevent such person from recovering for work done, or materials or supplies furnished, or both on a contract or on the basis of the reasonable value thereof, in a civil action, if such person failed to obtain a license under this chapter prior to contracting for such work.
Haw. Rev. Stat. § 440-21 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-21
Physician; duties.
Status: in_force

Every individual or club holding a license to conduct, hold, or give boxing contests shall have in attendance at every boxing contest at least two physicians licensed to practice medicine in the State and duly licensed hereunder, who shall observe the physical condition of the contestants and advise the referee with regard thereto and, one hour before each contestant enters the ring, certify in writing as to the physical condition of the contestant to engage in the boxing contest. A report of the medical examination shall be filed with the commission not later than twenty-four hours after the termination of the boxing contest. In addition, at least one physician shall immediately examine every contestant who was knocked down or who sustained a severe beating about the head during the contest and shall file a written medical opinion within twenty-four hours of the contest to the executive officer.
Haw. Rev. Stat. § 467B-12.5 — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B-12.5
Written contracts; filing with attorney general.
Status: in_force

(a) [Subsection effective until June 30, 2026. For subsection effective July 1, 2026, see below. L 2025, c 108, §§10, 13. ] There shall be a written contract between a charitable organization and a professional fundraising counsel or professional solicitor that shall be filed by the professional fundraising counsel or professional solicitor with the attorney general at least ten business days prior to the performance by the professional fundraising counsel or professional solicitor of any service. No solicitation or service pursuant to the contract shall begin before the contract is filed with the attorney general. The contract shall be signed by two authorized officials of the charitable organization, one of whom shall be a member of the organization's governing body, and the authorized contracting officer for the professional fundraising counsel or professional solicitor. The contract shall contain all of the following provisions:

(1) The legal name and address of the charitable organization;

(2) A statement of the charitable purpose for which the solicitation campaign is being conducted;

(3) A statement of the respective obligations of the professional fundraising counsel or professional solicitor and the charitable organization;

(4) A statement of the guaranteed minimum percentage of the gross receipts from contributions that will be remitted to or retained by the charitable organization, if any, or, if the solicitation involves the sale of goods, services, or tickets to a fundraising event, the percentage of the purchase price that will be remitted to the charitable organization, if any. The stated percentage shall exclude any amount that the charitable organization is to pay as fundraising costs;

(5) Information concerning the compensation of the professional solicitor and fundraising counsel as follows:

(A) If the compensation of the professional fundraising counsel or professional solicitor is contingent upon the number of contributions or the amount of revenue received, a statement shall be included specifying the percentage of the gross revenue that is the basis for that compensation. The stated percentage shall include any amount that the professional fundraising counsel or professional solicitor is to be reimbursed for fundraising costs;

(B) If the compensation of the professional solicitor is not contingent upon the number of contributions or amount of revenue received from the solicitation campaign, the compensation shall be expressed as a reasonable estimate of the percentage of the gross revenue, and the contract shall clearly disclose the assumptions upon which the estimate is based. The stated assumptions shall be based upon all of the relevant facts known to the professional solicitor regarding the solicitation to be conducted by the professional solicitor; or

(C) If the compensation of the fundraising counsel is not contingent on the number of contributions or amount of revenue received from the solicitation campaign, the compensation shall be stated in a dollar amount;

(6) The effective and termination dates of the contract or, if the contract does not have a set termination date, a clause allowing either party a reasonable period to terminate the contract or notify the other party if either party chooses not to renew. The contract shall also contain the date services will commence with respect to solicitation in this State of contributions for a charitable organization;

(7) In the case of a professional fundraising counsel, a statement that the professional fundraising counsel will not at any time have custody or control of contributions;

(8) A statement that the charitable organization exercises control and approval over the content and volume of any solicitation; and

(9) Any other information required by the rules of the attorney general.

(a) [Subsection effective July 1, 2026. For subsection effective until June 30, 2026, see above. L 2025, c 108, §§10, 13. ] There shall be a written contract between a charitable organization and a professional fundraising counsel or professional solicitor that shall be filed by the professional fundraising counsel or professional solicitor with the attorney general at least ten business days before the performance by the professional fundraising counsel or professional solicitor of any service. No solicitation or service pursuant to the contract shall begin before the contract is filed with the attorney general. The contract shall be signed by two authorized officials of the charitable organization, one of whom shall be a member of the organization's governing body, and the authorized contracting officer for the professional fundraising counsel or professional solicitor. The contract shall contain all of the following provisions:

(1) The legal name and address of the charitable organization;

(2) A statement of the charitable purpose for which the solicitation campaign is being conducted;

(3) A statement of the respective obligations of the professional fundraising counsel or professional solicitor and the charitable organization;

(4) A statement of the guaranteed minimum percentage of the gross receipts from contributions that will be remitted to or retained by the charitable organization, if any, or, if the solicitation involves the sale of goods, services, or tickets to a fundraising event, the percentage of the purchase price that will be remitted to the charitable organization, if any. The stated percentage shall exclude any amount that the charitable organization is to pay as fundraising costs;

(5) Information concerning the compensation of the professional solicitor and professional fundraising counsel as follows:

(A) If the compensation of the professional fundraising counsel or professional solicitor is contingent upon the number of contributions or the amount of revenue received, a statement shall be included specifying the percentage of the gross revenue that is the basis for that compensation. The stated percentage shall include any amount that the professional fundraising counsel or professional solicitor is to be reimbursed for fundraising costs;

(B) If the compensation of the professional solicitor is not contingent upon the number of contributions or amount of revenue received from the solicitation campaign, the compensation shall be expressed as a reasonable estimate of the percentage of the gross revenue, and the contract shall clearly disclose the assumptions upon which the estimate is based. The stated assumptions shall be based upon all of the relevant facts known to the professional solicitor regarding the solicitation to be conducted by the professional solicitor; or

(C) If the compensation of the professional fundraising counsel is not contingent on the number of contributions or amount of revenue received from the solicitation campaign, the compensation shall be stated in a dollar amount;

(6) The effective and termination dates of the contract or, if the contract does not have a set termination date, a clause allowing either party a reasonable period to terminate the contract or notify the other party if either party chooses not to renew. The contract shall also contain the date services will commence with respect to solicitation in this State of contributions for a charitable organization;

(7) In the case of a professional fundraising counsel, a statement that the professional fundraising counsel will not at any time have custody or control of contributions, as applicable;

(8) A statement that the charitable organization exercises control and approval over the content and volume of any solicitation; and

(9) Any other information required by the rules of the attorney general.

(b) [Subsection effective until June 30, 2026. For subsection effective July 1, 2026, see below. L 2025, c 108, §§10, 13. ] No professional fundraising counsel or professional solicitor shall contract with a charitable organization unless the professional fundraising counsel or professional solicitor is registered with the department. A contract with an unregistered professional fundraising counsel or professional solicitor shall be voidable at the option of the charitable organization.

(b) [Subsection effective July 1, 2026. For subsection effective until June 30, 2026, see above. L 2025, c 108, §§10, 13. ] No professional fundraising counsel or professional solicitor shall contract with a charitable organization unless the professional fundraising counsel or professional solicitor is registered with the department. A contract with an unregistered professional fundraising counsel or professional solicitor shall be voidable at the option of the charitable organization.

(c) [Subsection effective until June 30, 2026. For subsection effective July 1, 2026, see below. L 2025, c 108, §§10, 13. ] Whenever a charitable organization contracts with a professional fundraising counsel or professional solicitor, the charitable organization shall have the right to cancel the contract without cost, penalty, or liability, for a period of ten days following the date on which that contract is executed. Any provision in the contract that is intended to waive this right of cancellation shall be void and unenforceable.

(c) [Subsection effective July 1, 2026. For subsection effective until June 30, 2026, see above. L 2025, c 108, §§10, 13. ] Whenever a charitable organization contracts with a professional fundraising counsel or professional solicitor the charitable organization shall have the right to cancel the contract without cost, penalty, or liability, for a period of ten days following the date on which that contract is executed. Any provision in the contract that is intended to waive this right of cancellation shall be void and unenforceable.

(d) A charitable organization may cancel a contract pursuant to subsection (c) by serving a written notice of cancellation on the professional fundraising counsel or professional solicitor. If mailed, service shall be by certified mail, return receipt requested, and cancellation shall be deemed effective upon receipt by the professional fundraising counsel or professional solicitor. The notice shall be sufficient if it indicates that the charitable organization does not intend to be bound by the contract.

(e) Any funds collected after effective notice that a contract has been canceled shall be deemed to be held in trust for the benefit of the charitable organization without deduction for cost or expenses of any nature. A charitable organization shall be entitled to recover all funds collected after the date of cancellation. [L 2004, c 93, pt of §1; am L 2006, c 168, §6; am L 2024, c 205, §13; am L 2025, c 108, §9]
Haw. Rev. Stat. § 467-8 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-8
Prerequisites for license, registration, or certificate.
Status: in_force

(a) No license, registration, or certificate under this chapter shall be issued to:

(1) Any individual applying for a real estate broker or salesperson license who does not satisfy the requirements set forth in section 467-9.5;

(2) Any individual applying for a real estate broker or salesperson license unless the individual has demonstrated by passing with a grade satisfactory to the commission an examination appropriate to the license sought that the individual has a reasonable knowledge of:

(A) Estates, interests, and rights in real property;

(B) The documents or acts or occurrences by which property is transferred or otherwise affected;

(C) The rights and duties of an agent;

(D) The laws of the State relating to real estate brokers and salespersons; and

(E) Other subjects that the commission determines to be essential for the protection of the general public in its real estate transactions;

(3) Any person who does not possess a reputation for or record of competency, honesty, truthfulness, financial integrity, and fair dealing;

(4) Any partnership unless the real estate brokerage business thereof is under the direct management of a principal broker who is a general partner or employee thereof and holds a current active real estate broker's license;

(5) Any corporation unless the real estate brokerage business thereof is under the direct management of a principal broker who is an officer or employee thereof and holds a current active real estate broker's license;

(6) Any individual applying for a real estate broker's license who does not have a current Hawaii real estate salesperson's license;

(7) Any person with a trade name, partnership, limited liability company, or corporation that is not currently registered with the business registration division of the department of commerce and consumer affairs; provided that no real estate salesperson's license shall be approved or issued with a trade name; or

(8) Any limited liability company unless the real estate brokerage business is under the direct management of a principal broker who is a member of a member-managed limited liability company or a manager of a manager-managed limited liability company or employee and holds a current active real estate broker's license.

(b) Prior to submitting to prelicensing education or examination requirements, an individual candidate may request that the commission consider a preliminary decision as to whether the individual candidate for a real estate license will be denied a real estate license pursuant to section 467-8(a)(3). The individual candidate shall submit a completed application, all information requested by the commission, and the nonrefundable application fee as provided in rules adopted by the director pursuant to chapter 91. The preliminary decision shall provide advisory guidance, shall not be construed as binding, and shall not be subject to appeal. The individual candidate seeking a preliminary decision shall not be considered an applicant for licensure. A preliminary decision that is unfavorable to the individual shall not prevent the individual from submitting a complete license application and fees after successful completion of the prelicensing requirements. [L 1933, c 140, §7; RL 1935, §7316; am L 1935, c 126, §3; am L 1941, c 205, pt of §1; RL 1945, §7737; am L 1949, c 276, §1; am L 1951, c 77, §3; RL 1955, §170-7; am L 1957, c 48, §1; am L 1959, c 163, §1; am imp L 1967, c 187, §2; HRS §467-8; am L 1971, c 16, §1 and c 27, §1; am L 1973, c 131, §1; am L 1974, c 205, §2(28); am L 1982, c 270, §1; am L 1983, c 116, §1; gen ch 1985; am L 1989, c 217, §2; am L 1991, c 155, §1; am L 1993, c 71, §1; am L 1994, c 100, §4; am L 1995, c 241, §3; am L 1999, c 240, §3]
Haw. Rev. Stat. § 440E-11 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-11
Receipts and reports from promoters.
Status: in_force

Within three business days after the conclusion of every contest for which admission fees are charged and received, every promoter holding a license to conduct, hold, or give mixed martial arts contests, shall furnish to the director a written report, duly verified, showing the number of tickets sold for the contest, the amount of the gross receipts or proceeds thereof, and other matters as the director prescribes in rules adopted in accordance with chapter 91.
Haw. Rev. Stat. § 451K-12 — HI Code / Division 2 / Title 25 / Chapter 451K / Section 451K-12
Fees; disposition.
Status: in_force

(a) Application, examination, reexamination, license, renewal, late renewal penalty, inactive, and other reasonable and necessary fees relating to administration of this chapter shall be as provided in rules adopted by the director pursuant to chapter 91.

(b) Fees assessed shall defray all costs to be incurred by the director to support the operation of the genetic counselor licensure program. [L 2009, c 191, pt of §2]
Haw. Rev. Stat. § 462A-4 — HI Code / Division 2 / Title 25 / Chapter 462A / Section 462A-4
§§462A-4 and 462A-5 REPEALED.
Status: repealed

§§462A-4 and 462A-5 REPEALED. L 1985, c 126, §§4, 5.
Haw. Rev. Stat. § 454M-11 — HI Code / Division 2 / Title 25 / Chapter 454M / Section 454M-11
Compliance resolution fund.
Status: in_force

Any law to the contrary notwithstanding, fees and fines collected by the commissioner shall be deposited into the compliance resolution fund established pursuant to section 26-9(o).
Haw. Rev. Stat. § 463-17 — HI Code / Division 2 / Title 25 / Chapter 463 / Section 463-17
Provisions severable.
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstance should be held invalid by any court, the invalidity shall not affect the other provisions or applications of the section which can be given effect without the invalid provisions or applications, and to this end the provisions of this section are severable.
Haw. Rev. Stat. § 437-7 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-7
Application for issuance or renewal of license.
Status: in_force

(a) Any person desiring the issuance of a license under this chapter shall file an application therefor with the motor vehicle industry licensing board. Prior to the expiration of the term of a license, the holder shall file an application for renewal of the license. The board shall prescribe the form, information required, manner, and time for presentation of applications for issuance or renewal of licenses issued under this chapter, except as otherwise provided in this chapter.

(b) A person applying for a salesperson's license under this section shall be granted a temporary license by the executive officer of the board; provided no patent disqualification of the applicant is disclosed or no valid objection to the granting of the temporary license is apparent and if all requirements relative to the filing of the application appear to have been met and the dealer files a statement that this person is employed by and under the supervision of the dealer. A fee shall be charged for the issuance of the temporary license, as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91, and the license shall remain in effect until the board approves or denies the application for a permanent license.

(c) Requirements for financial reviews or financial statements shall be as follows:

(1) Applicants for the issuance of a dealer's or auction's license shall furnish the following financial review or financial statement to the board:

(A) An applicant proposing to operate as a sole proprietorship shall furnish a personal financial review or financial statement and a financial review or financial statement of the proposed business;

(B) An applicant proposing to operate as a partnership shall furnish a personal financial review or financial statement for each general partner and a financial review or a financial statement of the partnership; and

(C) A corporate applicant shall submit a corporate financial review or financial statement;

(2) The board shall determine and prescribe the requirement of, form, and information required in financial reviews and financial statements for applicants for other licenses;

(3) All financial reviews and financial statements shall be certified as to accuracy by a public or certified public accountant; and

(4) The purpose of the financial review and the financial statement is to provide the board with information to assist it in determining the financial capability and integrity of the applicant.

(d) Requirement for lines of credit shall be as follows:

(1) Applicants for issuance of a dealer's license shall obtain an inventory or flooring line of credit from a federally insured financial institution or from a financing source having a net worth of at least $50,000,000. The line of credit shall be in the following amount:

(A) For new motor vehicle dealer applicants, $500,000 or the amount required in the applicant's dealer sales and service agreement, whichever is less;

(B) For used motor vehicle dealer applicants, $50,000; and

(C) For new and used motorcycle and motor scooter dealer applicants, $50,000;

(2) Applicants for issuance of a dealer's license shall provide the board with a photocopy of the financing statement filed at the bureau of conveyances of the department of land and natural resources, securing the line of credit;

(3) Applicants for the issuance of an auction license shall obtain a secured line of credit in the amount of $100,000 from a federally insured financial institution; and

(4) When an inventory or flooring line of credit cannot reasonably be obtained by a dealer, the board may provide that a bond, in an amount set forth in the board's rules, be obtained as an alternative form of security for the inventory or flooring line of credit.

(e) Applicants for issuance of an auction license shall provide a written statement from a federally insured financial institution verifying that the applicant has a customer trust account for the auction with that financial institution.

(f) All applicants for the issuance of a manufacturer's or distributor's license shall submit:

(1) If the manufacturer or distributor is publicly traded, a financial statement signed by a certified public accountant or an annual report;

(2) A copy of the executed agreement granting the distributor applicant the franchise to distribute motor vehicles in this State;

(3) If the applicant is the manufacturer of the motor vehicles to be distributed, a certified statement to this effect;

(4) Any other documents or information that may be provided for in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91; and

(5) The following fees, which shall apply until fees are adopted by the director under this subsection in accordance with chapter 91:

(A) Nonrefundable application fee: $50;

(B) Original license fee: $500;

(C) Annual compliance resolution fund fee: $250 for each dealer franchised by the manufacturer or distributor;

(D) Biennial compliance resolution fund fee: $500 for each dealer franchised by the manufacturer or distributor; and

(E) Verification or duplicate fees as provided in title 16, Hawaii Administrative Rules, chapter 53.

The nonrefund provisions of section 16-53-4, Hawaii Administrative Rules, shall apply to fees under this subsection. Application fees for a new salesperson's license shall be a lesser amount than the fee for other licenses issued under this chapter.

(g) Upon the filing of any application, a staff member shall endorse on it the date of filing. If no patent disqualification of the applicant is disclosed or no valid objection to the granting of the application is apparent and if all requirements relative to the filing of the application appear to have been complied with, the chairperson of the board or executive officer shall review a self-inspection report completed by the applicant and made a part of the application. The report shall include:

(1) A statement that the applicant is not disqualified by this chapter from obtaining or exercising a license and has complied with all the requirements of this chapter relative to the making and filing of the licensee's application;

(2) Information relating to any and all other matters and things which pertain to or affect the matter of the application or the issuance or the exercise of the license applied for;

(3) In the case of an application for a dealer's or auction's license the applicant shall submit a report which shall include:

(A) A description of the premises intended to become the licensed premises, and the equipment and surrounding conditions; and

(B) If the applicant has held a prior dealer's or auction's license for the same or any other premises within two years past, a statement as to the manner in which the premises have been operated and the business conducted under the previous license; and

(4) In the case of an application for a dealer's license, if the applicant proposes to engage in the business of selling new motor vehicles, a copy of the dealer sales and service agreement from the applicable manufacturer or distributor.

(h) After the filing of the application, the board may interview the applicant and upon the interview and other information that is before the board, it may grant or deny the license.

(i) No dealer's or auction's license shall be issued under this chapter unless and until the applicant submits:

(1) A description of the premises intended to become the licensed premises, the office facilities, equipment, and surrounding conditions;

(2) A statement that the applicant has met the requirements under section 437-11;

(3) A copy of a minimum one-year lease or rental agreement for the site the applicant has entered into; and

(4) Photographs of the premises and facilities;

and the board is satisfied that the applicant has met all the requirements as provided in this chapter and that all other general conditions and proposed methods of operation under the license are such as are suitable for carrying on the business in a reputable manner.

(j) Limitations on licenses shall be as follows:

(1) A dealer's or auction's license issued under this chapter shall authorize the doing of the business at the licensed premises, the boundaries of which shall be determined by the map or plan submitted together with the application for license approved by the board; except in the case of an enlargement or reduction of the licensed premises with the approval of the board endorsed on an amended map or plan; and

(2) A license issued under this chapter shall authorize the doing of a business thereunder only for the county in which the license has been issued; and in the case of a salesperson, the license shall authorize the salesperson to be a salesperson only for the dealer named in the application for a license or an amended license.

(k) A used motor vehicle dealer's license shall authorize the holder to sell new motorcycles and motor scooters if the licensee is franchised therefor.

(l) The executive officer may grant preliminary approval of a dealer or auction license application if all licensing requirements have been met. The board shall ratify all preliminary approvals. [L 1939, c 258, §12; RL 1945, §7365; am L 1951, c 90, pt of §1; RL 1955, §160-164; am L 1957, c 302, §1(4), (5); am L 1963, c 199, §1f; HRS §437-7; am L 1969, c 263, §1(8); am L 1974, c 102, §1; am L 1977, c 134, §2; am L 1984, c 7, §§2, 3; gen ch 1985; am L 1992, c 153, §3 and c 202, §28; am L 1993, c 265, §1; am L 1996, c 264, §5; am L 1997, c 38, §§1, 2 and c 40, §2; am L 2003, c 126, §6]
Haw. Rev. Stat. § 452-20 — HI Code / Division 2 / Title 25 / Chapter 452 / Section 452-20
REPEALED.
Status: in_force

L 1992, c 202, §211.
Haw. Rev. Stat. § 456-2 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-2
Qualifications; oath.
Status: in_force

Every person commissioned as a notary public shall, at the time of the person's commission, be a resident of the State, possess the other qualifications required of a notary public and be at least eighteen years of age. Every person, prior to being commissioned as a notary public, shall take and subscribe an oath for the faithful discharge of the person's duties, which oath shall be filed in the department of the attorney general. [CC 1859, §1267; RL 1925, §3175; RL 1935, §5201; am L 1941, c 322, §2; am L 1943, c 173, pt of §1; RL 1945, §7662; RL 1955, §168-2; am L 1965, c 248, §1; HRS §456-2; am L 1972, c 2, §22; am L 1976, c 146, §1; am L 1978, c 122, §2; gen ch 1985; am L 2020, c 54, §5]
Haw. Rev. Stat. § 447-1 — HI Code / Division 2 / Title 25 / Chapter 447 / Section 447-1
Who may become dental hygienists; fees.
Status: in_force

(a) Any person:

(1) Eighteen years of age or over;

(2) Who has a diploma or proper certificate of graduation from a dental hygiene school accredited by the American Dental Association Commission on Dental Accreditation that requires at least a two year course and is recognized by the board of dentistry;

(3) Who has been officially certified in the administration of intra-oral infiltration local anesthesia and intra-oral block anesthesia by an accredited dental hygiene school or by a certification program previously approved by the board; and

(4) Who has passed the National Board Dental Hygiene Examination;

upon written application made to and filed with the board may be examined for qualification as a dental hygienist.

An application shall be accompanied by the applicant's certificate of graduation from an accredited dental hygiene school, documentary proof of the applicant's certification in the administration of intra-oral infiltration local anesthesia and intra-oral block anesthesia, and documentary proof of the applicant's passage of the National Board Dental Hygiene Examination. At the time of filing the application, the applicant shall pay to the board an application fee, which together with all other fees or charges in this chapter, shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91, and shall be deposited to the credit of the compliance resolution fund established pursuant to section 26-9(o).

(b) The board shall require an applicant to take and pass the State's examination or one of the following four regional clinical examinations given after February 1, 2005, by the:

(1) Western Regional Examining Board;

(2) Central Regional Dental Testing Service, Inc.;

(3) Southern Regional Testing Agency, Inc.; or

(4) North East Regional Board of Dental Examiners, Inc.

(c) In addition to the requirements of subsection (a), an applicant shall take and pass a national clinical examination once a national clinical examination becomes available and neither the state examination nor any regional examination shall be accepted; provided that an applicant who has taken and passed the state or a regional examination after February 1, 2005, but prior to the availability of a national examination shall be deemed to have met the board's examination requirement.

(d) If an applicant successfully passes the examination required by subsections (b) and (c), the applicant shall be licensed to practice as a dental hygienist in the State. Every licensed dental hygienist, before entering practice, shall pay the board a license fee. On or before December 31 of each odd-numbered year, every licensed dental hygienist beginning or continuing to practice in the State shall pay to the board a fee for biennial licensure. The failure, neglect, or refusal of any duly licensed dental hygienist to pay the biennial licensure fee shall constitute a forfeiture of the license; provided that the license may be restored upon written application and payment to the board of a restoration fee.

(e) An applicant's or licensed dental hygienist's competence to administer intra-oral infiltration local anesthesia shall be demonstrated by certification in the administration of intra-oral infiltration local anesthesia by an accredited dental hygiene school or by a certification program previously approved by the board. An applicant's or licensed dental hygienist's competence to administer intra-oral block anesthesia shall be demonstrated by proof of successful completion of a course of study in accordance with standards provided for in this chapter and the issuance of a certificate or other program documentation listing the intra-oral block anesthesia categories in which the applicant or licensed dental hygienist has acquired knowledge and proficiency.

The applicant or licensed dental hygienist shall submit documentation of course content when submitting certification in the administration of intra-oral infiltration local anesthesia and intra-oral block anesthesia as required by subsection (a). The board shall certify that the applicant or licensed dental hygienist has met the requirements of this chapter.

(f) No person shall practice dental hygiene, either gratuitously or for pay, or shall offer or attempt so to practice, or shall advertise or announce publicly or privately as being prepared or qualified so to practice without having a license as provided in this section. The original or a copy of the certificate of licensure shall be prominently displayed at all times in the workplace where the dental hygienist is employed or practices. A dental hygienist's pocket identification card shall be readily available for viewing upon request to ensure the license is current. A licensed dental hygienist shall practice only under the supervision of a licensed dentist as provided in this chapter; provided that a licensed dental hygienist:

(1) May administer under the direct supervision of a licensed dentist only those categories of intra-oral block anesthesia listed in the course content submitted to the board pursuant to subsection (a);

(2) May practice under the general supervision of a licensed dentist and pursuant to an existing treatment plan with respect to patients of record who have had an examination by the licensed dentist; provided that a licensed dental hygienist shall not perform any irreversible procedure or administer any intra-oral block anesthesia under general supervision; and

(3) May practice under the direct supervision of a licensed dentist as provided in this chapter. [L 1920, c 7, §1; am L 1923, c 136, §1; RL 1925, §1083; am L 1927, c 149, §1; am L 1931, c 158, §1; RL 1935, §1000; am L 1941, c 6, §1; RL 1945, §2181; am L 1949, c 59, §1; RL 1955, §62-1; am L 1959, c 90, §1; am L Sp 1959 2d, c 1, §§14, 15; am L 1961, c 142, §4 and c 184, §28; am L 1963, c 114, §§1, 3; HRS §447-1; am L 1975, c 118, §10; am L 1982, c 204, §8 and c 240, §1; am L 1983, c 124, §17; am L 1984, c 7, §24; am L 1987, c 73, §1; am L 1989, c 232, §1; am L 1991, c 51, §1; am L 1994, c 183, §2; am L 1997, c 9, §§1, 2, c 39, §1, and c 232, §6; am L 1999, c 97, §3; am L 2004, c 69, §1; am L 2005, c 122, §1; am L 2011, c 44, §1; am L 2012, c 81, §1; am L 2017, c 83, §2; am L 2018, c 203, §4]
Haw. Rev. Stat. § 446-4 — HI Code / Division 2 / Title 25 / Chapter 446 / Section 446-4
Certain loan functions not affected.
Status: in_force

Nothing in this chapter is intended to exclude, nor shall it exclude, or prohibit, any bank, financial services loan company, credit union, or any other person or firm licensed by the county, state, or federal government to make loans from paying off the existing debts of any debtor to any other person or firm in connection with, or as a condition precedent to, making a loan to such debtor, if done at the debtor's request or with the debtor's consent or agreement.
Haw. Rev. Stat. § 474-7 — HI Code / Division 2 / Title 25A / Chapter 474 / Section 474-7
Compilation of statistical data; annual report.
Status: in_force

(a) The center shall obtain and keep, on an annual basis, appropriate statistical data regarding:

(1) The number of permits, licenses, and registrations issued by state agencies;

(2) The amount of time involved in processing the permits, licenses, and registrations;

(3) The types of activities for which permits and licenses have been issued;

(4) A geographic distribution of the permits and licenses issued; and

(5) Other pertinent data the director deems necessary for analysis for future planning purposes.

(b) The department shall submit an annual report to the governor and the legislature that shall include a description of the operations of the center, summaries and analyses of statistical data compiled, and recommendations for any administrative or statutory changes required to further the purposes of this chapter. [L 2005, c 62, pt of §2]
Haw. Rev. Stat. § 456-18 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-18
Notaries in government service.
Status: in_force

Except as otherwise provided for by law, the head of every department (which term as used in this chapter includes any department, board, commission, bureau, or establishment of the United States, or of the State, or any political subdivision thereof) may designate one or more of the head of every department's subordinates to be a notary public who, upon duly qualifying and receiving a commission as a notary public in government service, shall perform, without charge, the services of a notary public in all matters of business pertaining to the State, any political subdivision thereof, or the United States.

Any provision of this chapter to the contrary notwithstanding, a subordinate so designated and thus qualified and commissioned as a notary public in government service shall:

(1) Be authorized to perform the duties of a notary public in one or more of the judicial circuits of the State as the attorney general shall designate;

(2) Not be required to:

(A) Pay any fee to the clerk of any circuit court for filing a copy of the notary's commission;

(B) Pay any fee to the attorney general for the issuance of the notary's commission or the renewal thereof; or

(C) Furnish and file an official bond unless that bond is required by the head of the department in which the notary is a subordinate, in which event, the expense of furnishing any such bond shall be borne by the department concerned; and

(3) Not demand or receive any fee for the notary's service as a notary public; provided that where the occasion, in the judgment of the head of the department, is deemed one of urgent necessity and convenience, the notary may, but shall not be compelled to, administer oaths or take acknowledgments in nongovernmental matters, for which services the prescribed fees shall be demanded and received as governmental realizations and covered into the notaries public special fund established by section 456-9.5, except that if that fund is terminated, the fees shall thereafter be deposited into the general fund of the State; provided further that with the prior written approval of the attorney general, the notary public, upon paying the fees prescribed by law and upon executing, depositing, and filing at the notary's own expense, the required official bond, may demand or receive the fees prescribed by law for services rendered by the notary in matters not pertaining to such public business. [L 1931, c 136, §1; RL 1935, §5210; am L 1941, c 322, §6; am L 1943, c 173, pt of §1; RL 1945, §7677; RL 1955, §168-17; HRS §456-18; gen ch 1985; am L 1998, c 290, §7; am L Sp 2021, c 9, §56]
Haw. Rev. Stat. § 467-20 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-20
False statement.
Status: in_force

It shall be unlawful for any person or the person's agent to testify before or file with the commission, or the testing service agency designated by the commission, any notice, statement, or other document required under this chapter, that is false or untrue or contains any material misstatement of fact, or contains forgery. In addition to any sanctions or remedies as provided in this chapter, any violation of this section shall constitute a misdemeanor punishable pursuant to section 706-640 or 706-663, or both, and not pursuant to section 467-26.
Haw. Rev. Stat. § 437-1.1 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-1.1
Definitions.
Status: in_force

As used in this chapter:

"Attachment hardware" means the components and associated fasteners that directly attach the bumper to the chassis frame.

"Auction" means any person engaged in the business of selling only motor vehicles by means of bidding at a public or private sale, but excludes an auctioneer and any person referred to in paragraph (1), (2), (4), or (5) in the definition of ["dealer"], or any person auctioning motor vehicles incidental to an auction of other assets, when the auctioneer or person acts in the respective capacity described in this section.

"Board" means the motor vehicle industry licensing board created by this chapter.

"Business" includes any activities regularly engaged in by any person or regularly caused to be engaged in by the person for the object of gain, benefit, or advantage, either direct or indirect.

"Consumer" means any person who purchases, other than for purposes of resale, a motor vehicle for personal, family, household, or business use, any person to whom such motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.

"Credit sale contract" is defined as provided for in section 476-1.

"Dealer" includes "auction" as defined in this section or any person or entity not expressly excluded by this chapter who sells three or more vehicles within a calendar year, or who is engaged in the business of selling, soliciting, offering, or attempting to negotiate sales, purchases, or exchanges of motor vehicles or any interest therein, including options to purchase motor vehicles. The term "dealer" excludes a person who sells or purchases motor vehicles in the capacity of:

(1) A receiver, trustee, personal representative, guardian, or any other person appointed by or acting under a judgment or order of any court;

(2) A public officer while performing official duties;

(3) A holder of an auction license issued under this chapter when acting within the scope of the license;

(4) An insurance company, finance company, bank, or other financial institution that sells or offers for sale motor vehicles repossessed or foreclosed by it under the terms of a credit sale contract or security agreement;

(5) A person not engaged in the business of selling or purchasing motor vehicles who acquires or disposes of motor vehicles for the person's own personal, family, or business use; provided that the vehicles are acquired or disposed of for the person's use in good faith and not for the purpose of evading any provision of this chapter;

(6) A consumer consultant who is not engaged in the business of selling, soliciting, offering, or attempting to negotiate sales or exchanges of motor vehicles or any interest therein for any dealer, and who for a fee provides specialized information and expertise in motor vehicle sales transactions to consumers who wish to purchase or lease motor vehicles; provided that the consumer consultant shall register and pay a fee to the board prior to offering consultant services; or

(7) A Hawaii bank or its affiliate selling or offering for sale motor vehicles surrendered or redelivered to it under the terms of a lease or sold by it pursuant to a purchase option contained in a lease.

"Distributor" means any person, resident, or nonresident, including a manufacturer, who in whole or in part imports, offers for sale, sells, or distributes new motor vehicles to dealers.

"Franchise" or "franchise agreement" means any contract or agreement between a dealer and a manufacturer or distributor that authorizes the dealer to engage in the business of selling or purchasing any particular make or makes of new motor vehicles or motor vehicle parts manufactured or distributed by the manufacturer or distributor, or that establishes rights or obligations, or both, relating to the dealer's new motor vehicle operation, including agreements relating to dealership facilities or site control.

"Impact speed" means the maximum speed of impact tested upon the bumper of the vehicle pursuant to sections 581.6 and 581.7 of part 581 of title 49 of the Code of Federal Regulations.

"Manufacturer" means any person, resident or nonresident, who is engaged in the business of manufacturing or assembling new motor vehicles.

"Minor damage to the bumper and attachment hardware" means damage that can be repaired with the use of common repair materials and without replacing any parts. In addition, not later than thirty minutes after completion of each pendulum or barrier impact test, the bumper face bar shall have no permanent deviation greater than three-quarters of one inch from its original contour and position relative to the vehicle frame and no permanent deviation greater than three-eighths of one inch from its original contour on areas of contact with the barrier face or impact ridge of the pendulum test device, measured from a straight line connecting the bumper contours adjoining the contact area.

"Motor vehicle" includes any vehicle, motor vehicle, or truck, as defined in sections 249-1 and 249-2, except for tractors, trailers, and amphibious vehicles.

"New motor vehicle" means a motor vehicle that:

(1) Has not previously been sold to any person except a distributor, wholesaler, or dealer for resale, except where the vehicle has not left the dealer's possession after the sale to a consumer;

(2) Has not previously been registered or titled in the name of a consumer except where the vehicle has not left the dealer's possession after the sale to a consumer; and

(3) Has not been driven more than five hundred miles;

provided that where a sale, registration, entitlement, or transfer of title of a motor vehicle, or the accrual of mileage thereon, is primarily for the purpose of evading this provision, the motor vehicle shall be deemed a new motor vehicle for the purposes of this chapter.

"New motor vehicle dealer" means a dealer who engages in the business of selling, at wholesale or retail, new motor vehicles or new and used motor vehicles.

"No damage" means that, when a passenger vehicle is subjected to impact testing conducted pursuant to the conditions and test procedures of sections 581.6 and 581.7 of part 581 of title 49 of the Code of Federal Regulations, the vehicle sustains no damage to the body and safety systems.

"Passenger vehicle" includes any vehicle, motor vehicle, or truck designed for carrying twelve persons or fewer and subject to impact testing conducted pursuant to part 581 of title 49 of the Code of Federal Regulations.

"Premises" or "licensed premises" means the premises in connection with which a license has been, or is proposed to be, issued, including branch locations. The term "premises" or "licensed premises" is substituted for the term "place of business" wherever found in this chapter.

"Relevant market area" means the following:

(1) In a county with a population of less than five hundred thousand persons according to the most recent data of the United States Census Bureau or the data of the department of business, economic development, and tourism, the relevant market area shall be the county in which the dealer is located; or

(2) In a county with a population of more than five hundred thousand persons according to the most recent data of the United States Census Bureau or the data of the department of business, economic development, and tourism, the relevant market area shall be within a radius of six miles from the dealership location.

"Retail", "sale at retail", "retail sale", and equivalent expressions, mean the act or attempted act of selling a motor vehicle to a person for use as a consumer.

"Sale", "selling", and equivalent expressions, mean the act or attempted act, either as principal or an agent or in any capacity whatsoever, of selling, bartering, exchanging, or otherwise disposing of, or negotiating, or offering, or attempting to negotiate the sale, purchase, or exchange of, or interest in, a motor vehicle, including an option to purchase a motor vehicle.

"Salesperson" means any person who for gain or compensation of any kind, directly or indirectly, by any form of agreement or arrangement, sells, solicits, offers for sale, exchanges, or otherwise deals in, motor vehicles or any interest therein on behalf of any motor vehicle dealer.

"Treasurer" means the director of finance of each county.

"Used motor vehicle" means a motor vehicle other than a new motor vehicle.

"Used motor vehicle dealer" means a dealer who engages in the business of selling at wholesale or retail, or both, only used motor vehicles.

"Wholesale" or "sale at wholesale" or "wholesale sale" and equivalent expressions, mean any sale other than a retail sale. [L 1939, c 258, §1; am L 1941, c 315, pt of §1; RL 1945, §7361; am L 1949, c 163, §1 and c 168, §1; am L 1951, c 90, pt of §1; RL 1955, §160-160; am L 1957, c 302, §1(1); am L 1959, c 243, §1(1); am L 1961, c 59, §1(1); am L 1963, c 199, §1a; am L 1965, c 114, §1; HRS §437-1; ren §437-1.1; am L 1969, c 263, §1(3); am L 1976, c 200, pt of §1; am L 1979, c 182, §1; am L 1980, c 232, §23; am L 1984, c 164, §2; am L 1985, c 68, §12 and c 254, §1; am L 1992, c 109, §§2, 3, c 153, §1, and c 202, §25; am L 1996, c 264, §2; am L 1997, c 85, §1 and c 312, §1; am L 2003, c 67, §§1, 2 and c 126, §§3, 12; am L 2010, c 164, §4; am L 2021, c 230, §10]
Haw. Rev. Stat. § 440E-5.5 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-5.5
[ §440E-5.
Status: in_force

[ §440E-5.5]Control and supervision of amateur mixed martial arts contests. Amateur mixed martial arts contests may be placed under the control and supervision of any recognized national amateur mixed martial arts association. The director shall adopt rules pursuant to chapter 91 for the purposes of this section.
Haw. Rev. Stat. § 459-4 — HI Code / Division 2 / Title 25 / Chapter 459 / Section 459-4
Powers and duties of the board.
Status: in_force

In addition to any other powers and duties authorized by law, the board shall prescribe rules in harmony with this chapter, as may be necessary to carry out its legal responsibilities and duties, to do all things necessary or incidental to the exercise of the powers and duties as established by these statutes, and to regulate the practice of optometry in the State.
Haw. Rev. Stat. § 466D-10 — HI Code / Division 2 / Title 25 / Chapter 466D / Section 466D-10
Renewal of license.
Status: in_force

Licenses issued pursuant to this chapter shall be valid for three years and shall be renewed upon the payment of a renewal fee within sixty days before the expiration of the license. Failure to renew a license shall result in forfeiture of that license. Licenses that have been forfeited may be restored within one year of the forfeiture date upon payment of renewal and restoration fees. Failure to restore a forfeited license within one year shall result in the automatic termination of the license. A person whose license has been terminated pursuant to this section shall be required to reapply for a new license as a new applicant.
Haw. Rev. Stat. § 441-44 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-44
Trustee's account; enforcement by attorney general.
Status: in_force

The trustee shall annually file with the director an account which shall be made in such form as shall be prescribed by the director. The director shall notify the attorney general of any failure on the part of the trustee to comply with sections 441-37 to 441-44, or of the instrument creating the fund, or trust, and the attorney general may take such action as deemed appropriate.
Haw. Rev. Stat. § 461-21.2 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-21.2
[ §461-21.
Status: in_force

[ §461-21.2] Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction requiring registration as a sex offender; conditions. (a) Notwithstanding any law to the contrary, the board shall automatically revoke a license or deny an application to renew, restore, or reinstate a license under either of the following circumstances:

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

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

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

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

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

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

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

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

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

(2) The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense. [L 2025, c 273, §22]
Haw. Rev. Stat. § 453-8.8 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-8.8
Physician workforce assessment fee; license; physician workforce information.
Status: in_force

[Repeal of section on June 30, 2017, by L Sp 2009, c 18, § 9; L 2012, c 186, § 3(2) as noted in the main volume deleted by L 2017, c 40, § 2.] When a license is renewed, each physician or surgeon and each osteopathic physician or surgeon shall be assessed a fee of $60 that shall be transferred and deposited into the John A. Burns school of medicine special fund established under section 304A-2171 to support ongoing assessment and planning of the physician workforce in Hawaii, including:

(1) Ongoing assessment and planning, as well as the recruitment and retention of physicians, especially for the physician workforce serving rural and medically underserved areas of the State;

(2) Providing loan repayment to physicians who commit to working in medically underserved areas of the State as part of the Hawaii state loan repayment program administered by the John A. Burns school of medicine; and

(3) Providing scholarships to qualifying medical students to be determined by the John A. Burns school of medicine.

Payment of the physician workforce assessment fee shall be required for license renewal. [L Sp 2009, c 18, §3; am L 2012, c 186, §2; am L 2021, c 151, §3]
Haw. Rev. Stat. § 456-9 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-9
Fees and administrative fines.
Status: in_force

(a) The attorney general shall charge and collect the following fees for:

(1) Issuing the original commission, $40;

(2) Renewing the commission, $40; and

(3) Electronic processing service fees of up to ten per cent of the amount of the transaction.

These fees may be adjusted, and any other fees may be established and adjusted, by adopting rules pursuant to chapter 91.

(b) The court fees for filing a copy of a commission and for each certificate of authentication shall be specified by the supreme court.

(c) The attorney general may impose and collect the following administrative fines for a notary public's failure to:

(1) Maintain an official seal of a single rubber stamp notary seal, on which shall be inscribed the name of the notary public, the commission number of the notary public, and the words "notary public" and "State of Hawaii" only, $20;

(2) Surrender the notary public's physical stamping device and certificate to the attorney general within ninety days of resignation, revocation of commission, or the expiration of a term without renewal, $200;

(3) Disable the notary public's electronic stamping device within ninety days of resignation, revocation of commission, or the expiration of a term without renewal, $200;

(4) Authenticate every acknowledgment or jurat with a certificate that shall be signed and dated by the notary public, include the printed name and official stamp or seal of the notary public, and identify the jurisdiction in which the notarial act is performed, $500;

(5) Chronicle all of the notary public's notarial acts as prescribed by section 456-15 and applicable rules, $200; and

(6) Notify the attorney general within ten days after loss, misplacement, or theft of the notary public's stamping device or any journal, inform the appropriate law enforcement agency in the case of theft, and deliver a copy of the law enforcement agency's report of the theft to the attorney general, $20.

(d) The moneys collected by the attorney general pursuant to this section shall be deposited into the notaries public special fund established by section 456-9.5, except that if that fund is terminated, the moneys shall thereafter be deposited with the director of finance to the credit of the general fund.

(e) All unpaid fees, fines, and forfeitures shall constitute a debt due and owing to the State. [L 1941, c 322, pt of §4; RL 1945, §7669; am L 1953, c 30, §2; am L 1955, c 172, §1; RL 1955, §168-9; am L 1959, c 265, §17; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §456-9; am L 1976, c 146, §2; am L 1998, c 290, §6; am L 2008, c 175, §6; am L 2013, c 29, §2; am L 2020, c 54, §12; am L Sp 2021, c 9, §54]
Haw. Rev. Stat. § 451J-11 — HI Code / Division 2 / Title 25 / Chapter 451J / Section 451J-11
Denial, revocation, or suspension of license.
Status: in_force

(a) The department shall deny, revoke, condition, or suspend a license granted pursuant to this chapter on the following grounds:

(1) Conviction by a court of competent jurisdiction of a crime which the department has determined, by rules adopted pursuant to chapter 91, to be of a nature that renders the person convicted unfit to practice marriage and family therapy;

(2) Failing to report in writing to the director any disciplinary decision related to the provision of mental health services issued against the licensee or the applicant in any jurisdiction within thirty days of the disciplinary decision, or within thirty days of licensure;

(3) Violation of recognized ethical standards for marriage and family therapists or licensed marriage and family therapists as set by the association;

(4) Fraud or misrepresentation in obtaining or renewing a license, including making a false certification of compliance with the continuing education requirement set forth in section 451J-10;

(5) Revocation, suspension, or other disciplinary action by any state or federal agency against a licensee or applicant for any reason provided under this section; or

(6) Other just and sufficient cause that renders a person unfit to practice marriage and family therapy.

(b) Any licensee who violates this section may also be fined not more than $1,000 per violation. [L 1998, c 159, pt of §2; am L 2014, c 28, §4; am L 2016, c 29, §10]
Haw. Rev. Stat. § 452-2 — HI Code / Division 2 / Title 25 / Chapter 452 / Section 452-2
License required.
Status: in_force

(a) It is unlawful for any person in the State to engage in or attempt to engage in the occupation or practice of massage for compensation without a current massage therapist license issued pursuant to this chapter.

(b) A massage therapist apprentice who has a permit, or a massage therapist student under the direct supervision of a teacher in a massage school setting, is also permitted to engage in or attempt to engage in the occupation or practice of massage. [L 1947, c 192, §2; RL 1955, §63-2; HRS §452-2; am L 1980, c 208, §4; am L 1981, c 65, §2; am L 1985, c 95, §1; am L 1989, c 204, §2]
Haw. Rev. Stat. § 461J-10.1 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-10.1
Continuing competence.
Status: in_force

(a) Beginning with the December 31, 2016, renewal, each licensed physical therapist shall be required to obtain at least thirty units of approved continuing competence units in each two-year license renewal period, where one continuing competence unit is equivalent to at least fifty minutes of classroom or hands-on instruction.

(b) For first-time license renewals, if the initial license was issued less than twelve months prior to the renewal date, no continuing competence units will be required for the first renewal period. If the initial license was issued more than twelve months prior to the renewal date, the licensee shall be required to obtain fifteen units of approved continuing competence units for the first renewal period.

(c) At the time of renewal, each licensee shall submit evidence of completing the required continuing competence units to the board or agency designated by the board. Failure to present evidence of compliance at the time of renewal shall constitute a forfeiture of the license, which may be restored only upon written application and payment to the board of a restoration fee and proof of compliance with continued competence requirements.

(d) The board may randomly audit a licensee's continuing competence units, and may establish guidelines for random audits in rules adopted in accordance with chapter 91. [L 2013, c 35, pt of §1]
Haw. Rev. Stat. § 445-95.7 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-95.7
Jurisdiction, venue.
Status: in_force

An action under section 445-95.5 or 445-95.6 shall be brought in the district court and division in which the rooming house is located.
Haw. Rev. Stat. § 440G-11 — HI Code / Division 2 / Title 25 / Chapter 440G / Section 440G-11
Rate, filed with director; approval.
Status: in_force

(a) The director shall require each cable operator to file a schedule of its rates of service on a form and with the notice that the director may prescribe.

(b) To the extent permitted by federal law, the director shall regulate rates to ensure that they are fair both to the public and to the cable operator. [L 1970, c 112, pt of §1; am L 1987, c 301, §13]
Haw. Rev. Stat. § 467B-9.5 — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B-9.5
Financial statements.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below. L 2025, c 108, §10. ] Whenever the attorney general has reasonable grounds to believe that any charitable organization, professional fundraising counsel, professional solicitor, or commercial co-venturer has engaged in any act or practice constituting a violation of this chapter or any rule or order adopted or issued, the attorney general may require the charitable organization, professional fundraising counsel, professional solicitor, or commercial co-venturer to submit to the department an audited financial statement prepared in accordance with generally accepted accounting principles by an independent certified public accountant, or as otherwise required by the attorney general.

§467B-9.5 Financial statements. [Section effective July 1, 2026. For section effective until June 30, 2026, see above. L 2025, c 108, §10. ] Whenever the attorney general has reasonable grounds to believe that any charitable organization, professional fundraising counsel, professional solicitor, commercial co-venturer, charitable fundraising platform, or platform charity has engaged in any act or practice constituting a violation of this chapter or any rule or order adopted or issued, the attorney general may require the charitable organization, professional fundraising counsel, professional solicitor, commercial co-venturer, charitable fundraising platform, or platform charity to submit to the department an audited financial statement prepared in accordance with generally accepted accounting principles by an independent certified public accountant, or as otherwise required by the attorney general. [L 1990, c 129, pt of §2; am L 1993, c 206, §9; am L 2004, c 93, §9; am L 2013, c 61, §9; am L 2024, c 205, §9]
Haw. Rev. Stat. § 466-10 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-10
Prohibited acts.
Status: in_force

(a) Use of title "certified public accountant":

(1) Except as otherwise provided in subsection (d) of this section, no person shall assume or use the title or designation "certified public accountant" or the abbreviation "CPA" or any other title, designation, words, letters, sign, card, or device likely to be confused with "certified public accountant" or "CPA" or tending to indicate that the person is a certified public accountant, unless the person holds a current license of certified public accountant issued under this chapter and a current permit to practice issued under this chapter;

(2) No partnership or corporation shall assume or use the title or designation "certified public accountant" or the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device likely to be confused with "certified public accountant" or "CPA" or tending to indicate that such partnership or corporation is composed of certified public accountants, unless each of the partners of the partnership who are in the practice of public accountancy in this State, or each of the shareholders of the corporation who are in the practice of public accountancy in this State, holds a current license of certified public accountant issued under this chapter and a current permit to practice issued under this chapter; and

(3) No person shall assume or use the title or designation "certified public accountant" or the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device likely to be confused with "certified public accountant" or "CPA", in conjunction with names indicating or implying that there is a partnership or corporation, or in conjunction with the designation "and Company" or "and Co." or a similar designation if, in any case, there is in fact no bona fide partnership or corporation existing under the laws of this State.

(b) Use of title "public accountant":

(1) Except as otherwise provided in subsection (d) of this section, no person shall assume or use the title or designation "public accountant" or the abbreviation "PA" or any other title, designation, words, letters, sign, card, or device likely to be confused with "public accountant" or "PA" or tending to indicate that the person is a public accountant unless the person holds a current registration of public accountant issued under this chapter and a current permit to practice issued under this chapter;

(2) No partnership or corporation shall assume or use the title or designation "public accountant" or the abbreviation "PA" or any other title, designation, words, letters, abbreviation, sign, card, or device likely to be confused with "public accountant" or "PA" or tending to indicate that the partnership or corporation is composed of public accountants, unless each of the partners of the partnership who are in the practice of public accountancy in this State, or each of the shareholders of the corporation who are in the practice of public accountancy in this State, holds a current license of public accountant issued under this chapter and a current permit to practice issued under this chapter; and

(3) No person shall assume or use the title or designation "public accountant" or the abbreviation "PA" or any other title, designation, words, letters, abbreviation, sign, card, or device likely to be confused with "public accountant" or "PA", in conjunction with names indicating or implying that there is a partnership or corporation, or in conjunction with the designation "and Company" or "and Co." or a similar designation if, in any case, there is in fact no bona fide partnership or corporation existing under the laws of this State.

(c) Representation of special knowledge:

(1) No person shall sign or affix the person's name or any trade or assumed name used by the person in the person's profession or business with any wording indicating, suggesting, or implying that the person is an accountant or auditor, or with any wording indicating, suggesting, or implying that the person has special knowledge in accounting or auditing, to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing:

(A) Financial information, or

(B) Facts respecting compliance with conditions established by law or contract, including but not limited to statutes, ordinances, regulations, grants, loans, and appropriations, unless the person holds a current license and a current permit to practice issued under this chapter.

(2) No person shall sign or affix a partnership or corporate name with any wording indicating, suggesting, or implying that it is a partnership or corporation composed of accountants or auditors or persons having special knowledge of accounting or auditing, to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing:

(A) Financial information, or

(B) Facts respecting compliance with conditions established by law or contract, including but not limited to statutes, ordinances, regulations, grants, loans, and appropriations,

unless each of the partners of the partnership who are in the practice of public accountancy in this State or each of the shareholders of the corporation who are in the practice of public accountancy in this State holds a current license of certified public accountant or of public accountant issued under this chapter and a current permit to practice issued under this chapter.

(d) Nothing contained in this chapter shall prohibit any person:

(1) Who holds a current license of certified public accountant issued under this chapter from assuming and using the title and designation "certified public accountant" or "CPA"; provided that if the person does not also hold a current permit to practice issued under this chapter, the person shall clearly indicate in assuming and using said title that the person does not hold the person's self out to be in the practice of public accountancy;

(2) Who holds a current license of public accountant issued under this chapter from assuming and using the title and designation "public accountant" or "PA"; provided that if the person does not also hold a current permit to practice issued under this chapter, the person shall clearly indicate in assuming and using the title that the person does not hold the person's self out to be in the practice of public accountancy;

(3) Who holds a temporary practice permit issued under this chapter from using the title and designation under which the person is generally known in the state or country from which the person received a valid comparable certificate, registration, or license for the practice of public accountancy;

(4) Who is not a certified public accountant or public accountant from serving as an employee of, or an assistant to, a certified public accountant or public accountant; provided that the employee or assistant works under the control and supervision of a person who holds a current license of certified public accountant or of public accountant and a current permit to practice issued under this chapter; and provided further that the employee or assistant does not issue any statement or report over the person's name except office reports to the person's employer as are customary, and that the employee or assistant is not in any manner held out to the public as a certified public accountant or public accountant;

(5) Who is an officer, employee, partner, or principal of any organization from signing or affixing the person's name to any statement or report in reference to the affairs of that organization; provided that in so signing or affixing the person's name the person shall clearly indicate that the person is an officer, employee, partner, or principal of the organization, and the position, title, or office which the person holds therein;

(6) Who is a public official or public employee from the performance of the person's duties as such; or

(7) Who is an attorney at law from engaging in practice as such. [L 1973, c 158, pt of §2; am L 1989, c 110, §11]
Haw. Rev. Stat. § 461-11 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-11
Duties of registered pharmacist.
Status: in_force

Every registered pharmacist in charge of a pharmacy shall comply with all laws and rules. The pharmacist shall be responsible for the management of the pharmacy and every activity thereof which is subject to this chapter shall be under the pharmacist's complete control.

All registered pharmacists shall notify the board of changes of business address within ten days. [L 1949, c 175, pt of §1; RL 1955, §71-11; HRS §461-11; am L 1983, c 23, §4; gen ch 1985; am L 1986, c 143, §11; am L 2000, c 11, §1; am L 2001, c 207, §3]
Haw. Rev. Stat. § 436B-14.7 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-14.7
Licensure by endorsement or licensure by reciprocity; initial acceptance by affidavit; temporary license; military spouse.
Status: in_force

(a) Notwithstanding any other law to the contrary, a person who is married to an active duty member of the armed forces of the United States shall be approved for temporary licensure if the person:

(1) Is accompanying the member on an official permanent change of station to a military installation located in this State;

(2) Either holds a license in another jurisdiction of the United States:

(A) As an acupuncturist, behavior analyst, dentist, dispensing optician, hearing aid dealer and fitter, marriage and family therapist, mental health counselor, certified nurse aide, licensed practical nurse, registered nurse, nursing home administrator, occupational therapist, optometrist, pharmacist, naturopathic physician, osteopathic physician, physician, physician assistant, podiatrist, psychologist, respiratory therapist, social worker, speech pathologist, audiologist, or veterinary technician; or

(B) Is in a profession or vocation not included in subparagraph (A) for which the licensing authority of this State has determined that the licensure requirements of the other jurisdiction are equivalent to or exceed those of this State;

(3) Has been licensed or certified by another jurisdiction of the United States for at least one year, and the license or certification is current, active, and in good standing without conditions or restrictions in all jurisdictions in which the person holds a license or certification;

(4) Has met minimum education requirements and applicable work experience and clinical supervision requirements when licensed or certified by another jurisdiction, and the other jurisdiction verifies that the person met those requirements to become licensed or certified in that jurisdiction;

(5) Has passed the examination requirements for the license or certification, if required by the licensing authority of this State or another jurisdiction;

(6) Has not had a license or certificate limited, suspended, or revoked and has not voluntarily surrendered a license or certificate in another jurisdiction while under investigation for licensing violations;

(7) Has not had an application for licensure denied, been censured, or had discipline imposed by another licensing authority; provided that if another jurisdiction has taken disciplinary action against the person, the licensing authority of this State shall determine if all terms and conditions of the discipline, if any, are satisfied and the matter resolved; provided further that if the terms and conditions of discipline have not been satisfied in that jurisdiction, the licensing authority may deny or refuse to issue a license applied for under this section until the terms and conditions of discipline are satisfied;

(8) Has not surrendered membership on any professional staff in any professional association, society, or faculty while under investigation or to avoid adverse action for acts or conduct that would constitute grounds for disciplinary action in this State;

(9) Pays all applicable fees;

(10) Does not have a disqualifying criminal history as determined by the licensing authority; and

(11) Submits with the application a signed affidavit stating that the application information, including evidence of requisite education, exam, and experience; prior employment; and criminal history record check, is true and accurate; provided that, upon receiving the affidavit, if the licensing authority issues the license to the person, the licensing authority may revoke the license at any time if the information provided in the application is found to be false or if the person fails to maintain the conditions of initial licensure.

(b) A person who is licensed pursuant to this section shall be subject to the laws regulating the person's practice in this State and shall be subject to the jurisdiction of the licensing authority of this State.

(c) The licensing authority shall issue to the person a temporary license to allow the person to perform specified services, under the supervision of a professional licensed by this State if appropriate, while completing any requirements necessary for licensure in this State; provided that a temporary license shall only be issued in those professions where credentials, experience, or passage of a national exam is substantially equivalent to or exceed those established by the licensing authority of this State.

(d) The licensing authority shall expedite consideration of the application and issuance of a license by endorsement, license by reciprocity, or temporary license to a person who meets the requirements of this section.

(e) A license issued under subsection (a) shall be valid for the same period of time as a license issued pursuant to the requirements of title 25 for the particular profession; provided that the total time period that the person holds a license issued under subsection (a) shall not exceed five years in the aggregate or the period covered under the military member's orders of assignment in the State. [L 2012, c 247, pt of §1; am L 2013, c 185, §1; am L 2021, c 18, §3]
Haw. Rev. Stat. § 445-95.4 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-95.4
Penalty.
Status: in_force

Any person, firm, company, association, or corporation committing any unfair or deceptive practice as defined in section 445-95.2 shall be fined $500 for each violation.
Haw. Rev. Stat. § 461-11.5 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-11.5
REPEALED.
Status: in_force

L 2004, c 190, §§5, 11; am L 2010, c 51, §3.
Haw. Rev. Stat. § 452-23 — HI Code / Division 2 / Title 25 / Chapter 452 / Section 452-23
Advertising.
Status: in_force

(a) It is a misdemeanor for any person, including a person who is exempt by section 452-21 from this chapter, to advertise with or without any limiting qualifications as a massage therapist unless the person holds a valid license under this chapter. Further, it shall be a violation of this chapter for any person to advertise:

(1) As a massage therapist or a massage therapy establishment unless the person holds a valid license under this chapter in the classification so advertised;

(2) By combining advertising for a licensed massage therapy service with escort or dating services;

(3) As performing massage in a form in which the person has not received training, or of a type which is not licensed or otherwise recognized by statute or administrative rule;

(4) By using in any mass distribution, print advertisements such as newspaper advertisements, or telephone directory listings, pictures depicting the human form other than hands, wrists, and forearms;

(5) By using any term other than therapeutic massage or massage therapy to refer to the service; or

(6) By referring to any personal physical qualities of the practitioner.

"Advertise" as used in this section includes, but is not limited to, the issuance of any card, sign, or device to any person; the causing, permitting, or allowing of any sign or marking on or in any building, vehicle or structure; advertising in any newspaper or magazine; any listing or advertising in any directory under a classification or heading that includes the word "massage therapist" or "massage therapy establishment"; or commercials broadcast by airwave transmission.

(b) A massage therapist or massage therapy establishment may advertise in print or broadcast medium, as defined in subsection (a) only if the massage therapist or massage therapy establishment includes in the advertisement or listing the massage therapist's or massage therapy establishment's applicable and current license number, and provides written evidence of the number's validity to the publisher or producer of the advertising medium. The publisher or producer of a print or broadcast advertising medium shall refuse to publish or broadcast an advertisement or listing for a massage therapist or massage therapy establishment that does not comply with the provisions of this subsection. A publisher or producer who obtains a signed statement from the massage therapist or massage therapy establishment which states that the massage therapist or massage therapy establishment has read the text of the advertisement or listing, has an applicable and current massage therapist or massage therapy establishment license for the services advertised, has included all applicable and current license numbers in the advertisement or listing, and is aware of civil and criminal penalties for advertising as a massage therapist or massage therapy establishment without a valid license, shall be entitled to a rebuttable presumption of compliance with this subsection.

(c) Upon entry of either a final order of the board of massage therapy pursuant to chapter 91, or a judgment by a court of competent jurisdiction, finding that a massage therapist or massage therapy establishment has advertised in violation of section 452-2 or this section, the public utility furnishing telephone service to the massage therapist or massage therapy establishment shall disconnect the telephone number contained in the advertisement or listing.

(d) A publisher or producer of a print or broadcast advertising medium shall not be liable in any suit, action, or claim arising from refusal to list or accept advertisements pursuant to subsection (b). Good faith compliance by a public utility with subsection (c) is a complete defense to any civil or criminal action brought against it arising from the termination of telephone service. [L 1985, c 95, §5; am L 1986, c 310, §4; am L 1990, c 205, §6; am L 1994, c 5, §5]
Haw. Rev. Stat. § 442-17 — HI Code / Division 2 / Title 25 / Chapter 442 / Section 442-17
Licensees, duties.
Status: in_force

Chiropractic licensees shall observe and be subject to all state and municipal regulations relating to all matters pertaining to public health and may execute disability and health certificates so long as the same are confined to physical conditions and ailments which they are by law authorized to treat, which certificates shall be accepted by all officials, authorities, and boards operating within the State who are officially concerned with the matters or subject covered by the certificates.
Haw. Rev. Stat. § 448-4 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-4
Fraudulent advertising.
Status: in_force

It shall be unlawful for any person to publish or circulate, directly or indirectly, any statements relating to the person's practice of dentistry that are or tend to be false, fraudulent, or misleading. A violation of this section shall subject the licensee to the penalties provided in section 448-17.
Haw. Rev. Stat. § 453-17 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-17
Subpoena of peer review adverse decision report.
Status: in_force

In connection with an investigation under section 453-7.5, the director of commerce and consumer affairs may issue subpoenas, pursuant to section 26-9(j), compelling the production of hospital records of patients whose cases were reviewed by a peer review committee that filed a report pursuant to section 663-1.7, as well as the full report reflecting the committee's decision and the basis of that decision, notwithstanding section 624-25.5. A medical society, hospital, or health care facility shall expunge from the documents only the following patient identifiers: name, address, telephone number, hospital identification number, and social security number. Information for investigation which was obtained through a subpoena shall be for the sole use by the department of commerce and consumer affairs to carry out its responsibilities and functions and shall be held confidential by the department, unless the information is admissible evidence at a hearing held under section 453-9. This investigation shall be deemed a sensitive matter related to public safety under section 92-5.
Haw. Rev. Stat. § 471-2.5 — HI Code / Division 2 / Title 25 / Chapter 471 / Section 471-2.5
Veterinary telemedicine.
Status: in_force

(a) A veterinarian shall only practice veterinary telemedicine within the context of the veterinarian-client-patient relationship between medically necessary examinations of an animal patient or medically appropriate and timely visits to the premises where the animal patient is kept.

(b) Only a veterinarian licensed in the State shall provide veterinary telemedicine to an animal patient located in the State.

(c) When practicing veterinary telemedicine, a veterinarian shall:

(1) Conduct all necessary animal patient evaluations consistently with currently acceptable standards of care;

(2) Take appropriate precautions to safeguard the confidentiality of a client's or animal patient's records;

(3) Ensure that the client is aware of the veterinarian's identity, location, license number, and licensure status; and

(4) Maintain appropriate medical records with sufficient information for continued care that are readily available upon request by the client.

(d) Prescribing medications via veterinary telemedicine shall require a veterinarian-client-patient relationship and shall be at the professional discretion of the veterinarian. The indication, appropriateness, and safety considerations for each prescription issued in association with veterinary telemedicine services shall be evaluated by the veterinarian in accordance with all jurisdictional and federal laws and standards of care.

(e) A veterinarian may provide veterinary teleadvice or veterinary teletriage without the prior establishment of a veterinarian-client-patient relationship. An expert with a poison control agency who is not a veterinarian may provide veterinary teletriage.

(f) A veterinarian may provide veterinary telesupervision for tasks that do not require direct supervision as specified by rules adopted by the board.

(g) Veterinary telemedicine shall constitute the practice of veterinary medicine in the State when the individual practicing veterinary telemedicine or the animal patient are in the State. The board shall have jurisdiction over an individual practicing veterinary telemedicine within the State regardless of where the veterinarian's physical offices are located.

(h) Nothing in this section shall be construed to alter federal or state requirements and standards for the issuance of Certificates of Veterinary Inspection or health certificates. [L 2022, c 71, pt of §1]
Haw. Rev. Stat. § 466-7 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-7
Permits to practice.
Status: in_force

(a) A license and permit are required to actively engage in the practice of public accountancy. The board may grant or renew a permit to actively engage in the practice of public accountancy. Permits shall be initially issued and renewed for periods of two years but in any event shall expire on December 31 of every odd-numbered year. The board shall prescribe the methods and requirements for application.

(b) An applicant for the initial issuance or renewal of a permit shall have:

(1) A valid license;

(2) Completed continuing professional education hours, the content of which shall be specified by the board which may provide for special consideration by the board to applicants for permit renewal when, in the judgment of the board, full compliance with all requirements of continuing education cannot reasonably be met;

(3) Completed an application;

(4) Paid appropriate fees and assessments; and

(5) In the case of a renewal, undergone and provided proof of having undergone the peer review process pursuant to part II.

(c) The board may grant a temporary permit to actively engage in the practice of public accountancy to any person who:

(1) Has attained eighteen years of age;

(2) Possesses a history of competence, trustworthiness, and fair dealing;

(3) Holds a valid license of certified public accountant or of public accountant issued under the laws of another state, or who holds a valid comparable certificate, registration, or license or degree from a foreign country determined by the board to be a recognized qualification for the practice of public accountancy in such other country;

(4) Incidental to the person's practice in such other state or country, desires to practice public accountancy in this State on a temporary basis; and

(5) Has completed an application.

Such permit shall be effective for a period not exceeding three months, and shall specify the nature and extent of the practice so permitted.

(d) All firms shall obtain a permit to practice. The board may issue or renew a permit to actively engage in the practice of public accountancy to any firm which submits a completed application and demonstrates qualifications as prescribed by the board.

(e) Failure to submit the required fees, continuing education hours, or other requirements for renewal as specified in this section by December 31 of every odd-numbered year, shall constitute forfeiture of the permit. Continued performance in the practice of public accountancy without a permit shall constitute unlicensed activity and the individual or firm shall be subject to sections 466-9, 466-11, 487-13, and 26-9.

(f) The board may restore forfeited permits to the individual or firm which satisfies the following:

(1) The requirements of subsection (a), (b), (c), or (d) of this section; and

(2) Payment of required fees. [L 1973, c 158, pt of §2; am L 1975, c 118, §30(3); am L 1980, c 53, §2; gen ch 1985; am L 1989, c 110, §8; am L 2009, c 172, §§2, 9; am L 2010, c 66, §3; am L 2012, c 324, §3(1)]
Haw. Rev. Stat. § 466-38 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-38
Reporting to the board.
Status: in_force

(a) A firm shall submit to the board:

(1) A copy of the peer review report and the final letter of acceptance from the sponsoring organization, if the report has a rating of "pass";

(2) A copy of the peer review report, the firm's letter of response, the corrective action letter, and the final letter of acceptance if the report has a rating of "pass with deficiency" or "fail"; or

(3) A copy of any report or Part I and any other public portion of the report resulting from any inspection by the public company accounting oversight board firm inspection program together with documentation of any significant deficiencies, findings, and the firm's response.

(b) For peer reviews scheduled after December 31, 2014, any report or document required to be submitted under subsection (a) shall be filed with the board as follows:

(1) Firms enrolled in the American Institute of Certified Public Accountants and Hawaii Society of Certified Public Accountants peer review programs and administered by the Hawaii Society of Certified Public Accountants, within thirty calendar days of receipt of the notice of completion from the Hawaii Society of Certified Public Accountants, shall complete the peer review compliance reporting form under section 466-35 and submit the form to the board along with the required documents;

(2) Firms otherwise enrolled in the American Institute of Certified Public Accountants peer review program, including those whose peer reviews are administered by the National Peer Review Committee, within thirty calendar days of receipt of the notice of completion from the sponsoring organization, shall complete the peer review compliance reporting form under section 466-35 and submit the form to the board along with the required documents;

(3) Firms enrolled in the public company accounting oversight board inspection program shall, within thirty calendar days of receipt of the issuance of the Part I report from the public company accounting oversight board, complete the peer review compliance reporting form required by section 466-35 and submit the form to the board along with the required documents; and

(4) Firms enrolled in any other peer review program approved by this part shall submit the report generated by that review process and all associated documentation to the board in a form acceptable to the board.

(c) Any report or document submitted to the board under this section, including the board's peer review compliance reporting form, shall be confidential. [L 2012, c 324, pt of §1; am L 2016, c 145, §4]
Haw. Rev. Stat. § 456-9.5 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-9.5
Notaries public special fund.
Status: in_force

(a) There is established in the state treasury the notaries public special fund into which shall be deposited:

(1) All fees, administrative fines, charges, or other payments received pursuant to section 456-9;

(2) Penalties and fines for violations of section 456-3 or 456-7;

(3) Appropriations made for deposit into the notaries public special fund; and

(4) Interest earned on money in the notaries public special fund.

(b) The notaries public special fund shall be administered by the department of the attorney general. Notwithstanding any law to the contrary, moneys in the notaries public special fund shall be used for personnel costs, the acquisition of equipment, and operating and administrative costs deemed necessary by the department of the attorney general to administer this chapter. The moneys in the fund may also be used to train personnel as the attorney general deems necessary, and for any other activity related to notaries public. [L 1998, c 290, §1; am L 2008, c 175, §7; am L 2020, c 54, §13; am L Sp 2021, c 9, §55]
Haw. Rev. Stat. § 471-17 — HI Code / Division 2 / Title 25 / Chapter 471 / Section 471-17
[ §471-17] Exception to liability; emergency care; veterinarian-client-patient relationship.
Status: in_force

[ §471-17] Exception to liability; emergency care; veterinarian-client-patient relationship. (a) Any veterinarian duly licensed under this chapter who, in good faith, without remuneration or expectation of remuneration, renders emergency care to a sick or injured animal at large shall not be liable to the owner of that animal for any civil damages resulting from the veterinarian's acts or omissions, except for damages as may result from the veterinarian's gross negligence or wanton acts or omissions.

(b) A veterinarian duly licensed under this chapter may, in good faith, render necessary and prompt care and treatment to an animal patient without establishing a veterinarian-client-patient relationship if conditions do not allow the establishment of the relationship in a timely manner. A veterinarian who renders emergency treatment shall not be liable to the owner of the animal for any civil damages resulting from the veterinarian's acts or omissions, except for damages as may result from the veterinarian's gross negligence or wanton acts or omissions.

(c) A veterinarian acting under this section shall make an appropriate record including the basis for proceeding under this section. [L 2021, c 91, pt of §1]
Haw. Rev. Stat. § 460J-18 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-18
REPEALED.
Status: in_force

L 1992, c 202, §223.
Haw. Rev. Stat. § 468M-15 — HI Code / Division 2 / Title 25 / Chapter 468M / Section 468M-15
Remedies cumulative.
Status: in_force

Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to remedies or penalties available under other laws of this State.
Haw. Rev. Stat. § 453-11 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-11
Recalcitrant witnesses; contempt.
Status: in_force

If any person called before the board as a witness in any proceeding, whether under subpoena or otherwise, except as privileged by law, refuses to answer any question which is relevant to the proceeding and is put to the individual by the board, a member thereof or the person whose license is sought to be revoked, limited, or suspended in the proceeding, or disobeys any order of the circuit court relating to the proceeding, the board shall report the matter in writing to any judge of the circuit court of the circuit in which such proceeding is held and the person shall be cited to appear before the circuit judge to show cause why the individual should not be punished for contempt of court under section 710-1077.
Haw. Rev. Stat. § 461J-4 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-4
Board of physical therapy; establishment, appointment, membership.
Status: in_force

(a) There is established within the department of commerce and consumer affairs for administrative purposes the board of physical therapy. The board shall consist of seven members. Four members shall be physical therapists, one member shall be a physical therapist assistant, and two members shall be consumers. All members shall be at least eighteen years of age and residents of the State.

(b) Each physical therapist member of the board shall possess a valid permanent license as a physical therapist and shall have, after graduation from a school of physical therapy, at least three years of full-time experience or the equivalent in any of the following areas or in any combination of the following: clinical physical therapy services, administration in physical therapy or related health fields, or teaching in an educational program to prepare practitioners of physical therapy.

(c) The physical therapist assistant member of the board shall possess a valid permanent license as a physical therapist assistant and shall have, after graduation from an accredited physical therapist assistant program or an accredited physical therapy program, at least three years of full-time experience.

(d) The governor may appoint and fill each vacancy on the board pursuant to section 26-34. [L 1985, c 276, pt of §1; am L 1992, c 202, §140; am L 1993, c 150, §4 and c 322, §13; am L 1997, c 229, §1; am L 2009, c 11, §64; am L 2013, c 220, §5]
Haw. Rev. Stat. § 452-19 — HI Code / Division 2 / Title 25 / Chapter 452 / Section 452-19
Penalties.
Status: in_force

Any owner, operator, manager, or licensee in charge of or in control of a massage therapy establishment who knowingly employs a person who is not licensed as a massage therapist or who has not received a permit as a massage therapist apprentice as provided in this chapter, or who allows an unlicensed person to perform, operate, or practice massage is guilty of a misdemeanor.
Haw. Rev. Stat. § 467-21 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-21
The real estate commission has standing in court.
Status: in_force

When the real estate commission receives notice, as provided in section 467-18(a), the commission may enter an appearance, file an answer, appear at the court hearing, defend the action, or take whatever other action it deems appropriate on behalf and in the name of the defendant, and take recourse through any appropriate method of review on behalf of, and in the name of, the defendant. The commission or its legal representative shall be served with all pleadings in an action which may result in a recovery from the real estate recovery fund.

Settlement of any claim against the real estate recovery fund may be made only with the agreement of a majority of the commission that settlement is in the best interest of the real estate recovery fund. [L 1967, c 187, pt of §1; HRS §467-21; am L 1972, c 51, §1c; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 121, §2]
Haw. Rev. Stat. § 443B-4.57 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-4.57
Fine, revocation, suspension, termination, denial of registration, renewal of registration, or restoration of registration.
Status: in_force

In addition to any other actions authorized by law, the director may fine any agency, revoke or terminate any registration, suspend the right of the registrant to use the registration, or refuse to renew or restore a registration for any cause authorized by law, including but not limited to the following:

(1) Dishonesty, deceit, fraud, or gross negligence in conducting business as a collection agency;

(2) Advertising by means of false and deceptive statements or by statements which tend to deceive or defraud;

(3) Advertising or acting as a collection agency without a current and active certificate of registration issued under this chapter;

(4) Violation of any provision of this chapter or the rules adopted pursuant thereto;

(5) Commingling of clients' funds or other property;

(6) Breach of fiduciary duty;

(7) Failure to notify the director in writing of any material change in information; and

(8) Providing false or misleading information at the time of application or during the time of registration. [L 1990, c 246, pt of §1; am L 1992, c 202, §60]
Haw. Rev. Stat. § 451D-2 — HI Code / Division 2 / Title 25 / Chapter 451D / Section 451D-2
Definitions.
Status: in_force

Solely for the purpose of this chapter:

"Board" means the board of dentistry, the Hawaii medical board, the board of psychology, the board of nursing, the Hawaii board of veterinary medicine, the board of acupuncture, the board of massage therapy, the board of naturopathic medicine, the Hawaii board of chiropractic, and the board of pharmacy.

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

"Health care professional" includes physicians and surgeons and others licensed pursuant to chapter 453, podiatrists licensed pursuant to chapter 463E, dentists licensed pursuant to chapter 448, psychologists licensed pursuant to chapter 465, nurses licensed pursuant to chapter 457, veterinarians licensed pursuant to chapter 471, acupuncturists licensed pursuant to chapter 436E, massage therapists licensed pursuant to chapter 452, naturopathic physicians licensed pursuant to chapter 455, chiropractors licensed pursuant to chapter 442, and pharmacists licensed pursuant to chapter 461. [L 1987, c 67, pt of §1; am L 1990, c 36, §§1, 2; am L 1991, c 138, §2; am L 2008, c 9, §3; am L 2009, c 11, §60; am L Sp 2009, c 22, §11(1); am L 2018, c 203, §§2, 4, 8]
Haw. Rev. Stat. § 467B-9.3 — HI Code / Division 2 / Title 25 / Chapter 467B / Section 467B-9.3
Investigations; subpoenas; court orders.
Status: in_force

(a) The department, on its own motion or upon complaint of any person, may conduct an investigation to determine whether any person has violated or is about to violate any provision of sections 467B-2.1, 467B-6.5, and 467B-9.

(b) The attorney general or the attorney general's authorized representative may subpoena documentary material relating to any matter under investigation, issue subpoenas to any person involved in or who may have knowledge of any matter under investigation, administer an oath or affirmation to any person, and conduct hearings on any matter under investigation.

(c) If any person fails to obey any subpoena issued by the department pursuant to this section, the department, after notice, may apply to the circuit court for the first circuit, State of Hawaii, for a hearing on the application, and after the hearing, the court may issue an order requiring the person to obey the subpoena or any part of the subpoena together with any other relief as may be appropriate. Any disobedience of any order entered under this section by any court shall be punished as contempt.

(d) In any case where the attorney general has authority to institute a civil action or proceeding in connection with the enforcement of this chapter, the attorney general may instead accept an assurance of discontinuance of any act or practice that violates the law from any person engaged in or who has engaged in the act or practice. Assurance accepted under this subsection may include a stipulation for the voluntary payment by the alleged violator of reasonable costs and disbursements incurred by the attorney general during the course of the attorney general's investigation. Evidence of a violation of an assurance shall constitute prima facie evidence of a violation of the applicable law in any civil action or proceeding later commenced by the attorney general. [L 2008, c 174, pt of §2; am L 2011, c 40, §3]
Haw. Rev. Stat. § 463E-8 — HI Code / Division 2 / Title 25 / Chapter 463E / Section 463E-8
Witnesses in such proceeding.
Status: in_force

In any proceeding related to revocation or suspension of a license issued under this chapter, the board and each member of the board may subpoena, administer oaths to, and examine witnesses on any relevant matter in the proceeding. The person whose license is sought in the proceeding to be revoked or suspended shall be entitled to require the board or any member of the board to subpoena and to administer oaths to any witness or witnesses who presents evidence relevant in the proceeding, and shall be entitled to examine any such witness and any other witness in the proceeding. The circuit court of the circuit in which the proceeding is held may enforce by proper proceeding the attendance and testimony of witnesses in the proceeding.
Haw. Rev. Stat. § 441-29 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-29
Application for license; fees.
Status: in_force

Every applicant for a license under this chapter shall file an application with the director in such form and setting forth such information as may be prescribed or required by the director and shall furnish such additional information bearing upon the issuance of the license as the director requires. In the case of a copartnership or corporation any officer may sign the application on behalf of the applicant. The application shall be accompanied by an application fee.
Haw. Rev. Stat. § 468M-9.5 — HI Code / Division 2 / Title 25 / Chapter 468M / Section 468M-9.5
[ §468M-9.
Status: in_force

[ §468M-9.5] Record keeping requirements for client trust accounts. (a) An activity desk shall maintain all books and records necessary to comply with this chapter and any rules adopted pursuant to this chapter and shall make all records relating to client trust accounts available for inspection and audit within three business days of a written request by the director. Nothing in this section shall prevent the director from inspecting or auditing the books and records of an activity desk as otherwise provided in this chapter or rules adopted by the director pursuant to chapter 91.

(b) An activity desk shall keep and maintain copies of all bank statements, deposit slips, canceled checks, drafts, and wire or electronic transaction documents relating to client trust accounts for a period of at least two years. [L 2010, c 150, §1]
Haw. Rev. Stat. § 460J-26 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-26
Exemptions.
Status: in_force

This chapter shall not apply to:

(1) Officials of the federal government on military reservations;

(2) Personnel of the United States Department of Agriculture, state department of agriculture and biosecurity, state department of land and natural resources, or United States Public Health Service in the performance of their official duties;

(3) Other government employees who conduct research on pesticides or pest control or who use pesticides in the performance of their duties;

(4) Qualified scientific personnel specially exempted by the board;

(5) Persons engaged in pest control for agricultural purposes; or

(6) Engineers or architects licensed under chapter 464 who:

(A) Draft or prepare design documents that prescribe anti-termite or anti-pest measures, including the specification of termiticides, that are required by the building code and other governmental agencies;

(B) Conduct building condition or assessment surveys to observe and evaluate the condition of the building or structure, if the primary purpose of these surveys is not to report on the identification of infestations; or

(C) Prepare reports based on the results of the surveys specified in subparagraph (B) that identify the location, extent, and probable cause of the pest damage (e.g., "termite damage"); provided that where a report concerns termite damage, the particular type or species of termite shall not be specified unless the report is written in consultation with a licensed pest control operator licensed in termite control or other duly recognized expert in urban entomology, such as an insect taxonomist or urban entomologist with expertise in the identification or control of termites; and provided further that if a licensed pest control operator is not consulted, the report shall include a recommendation that a licensed pest control operator be contracted for further assessment or treatment. [L 1972, c 134, pt of §1; am L 1993, c 74, §12; am L 1997, c 84, §7; am L 2025, c 236, §16]
Haw. Rev. Stat. § 468L-5 — HI Code / Division 2 / Title 25 / Chapter 468L / Section 468L-5
Client trust accounts; maintenance of and withdrawal from such accounts.
Status: in_force

(a) Within five business days of receipt, all travel agencies shall deposit all sums received from a consumer, for travel services offered by the travel agency in a trust account maintained in a federally insured financial institution located in Hawaii. A travel agency shall be deemed to have complied with this section if:

(1) Travel services are paid for by the consumer by means of a credit, charge or debit card, or by means of a centrally billed travel account, and the travel agency submits the charge data to the appropriate payment processing or card issuing company within five days of the charge; and

(2) Any moneys received from these means by the agency are handled in accordance with the provisions of this section.

(b) The trust account required by this section shall be established and maintained for the benefit of the consumers paying money to the travel agency. The travel agency shall not in any manner encumber the amounts in trust and shall not withdraw money therefrom except:

(1) In partial or full payment for travel services to the entity directly providing the travel services; or

(2) To make refunds as required by this chapter.

A travel agency may make payment through another travel agency; provided that any such payment is treated as if it were a payment by a consumer.

(c) This section shall not prevent the withdrawal from the trust account of:

(1) The amount of the sales commission, up to a maximum of fifteen per cent;

(2) Any interest earned and credited to the trust account; or

(3) Any remaining funds of a consumer once all travel services have been provided or once tickets or other similar documentation binding upon the ultimate provider of the travel services have been provided.

(d) At the time of registration, the agency shall file with the department the account number and the name of the financial institution at which the trust account is held. The agency shall notify the department of any change in the account number or location within three business days of the change.

(e) The director, by rule, may allow for the use of other types of funds or accounts; provided that the protection for consumers is no less than that provided by this section. [L 1991, c 285, pt of §1; am L 1992, c 157, §3]
Haw. Rev. Stat. § 445-4 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-4
Fees in advance.
Status: in_force

No license shall be issued under this chapter until the full fee required therein has been paid in advance for the term of one year.

Each treasurer shall account for all fees collected by the treasurer as county realizations. [L 1896, c 64, §6; am L 1909, c 151, pt of §2; RL 1925, pt of §1959; RL 1935, §2404; RL 1945, §7005; RL 1955, §155-5; HRS §445-4; gen ch 1985]