Haw. Rev. Stat. § 484-10 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-10
General powers and duties.
Status: repealed

(a) The director shall prescribe reasonable rules which shall be adopted, amended, or repealed in compliance with chapter 91. The rules shall include, but not be limited to, provisions for advertising standards to assure full and fair disclosure; provisions for escrow or trust agreements or other means reasonably to assure that all improvements referred to in the application for registration and advertising will be completed and that purchasers will receive the interest in land contracted for; provisions for operating procedures; and other rules as are necessary and proper to accomplish the purpose of this chapter.

(b) The director by rule or by an order, after reasonable notice and hearing, may require the filing of advertising material relating to subdivided lands prior to its distribution.

(c) If it appears that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter, or a rule or order hereunder, the director, with or without prior administrative proceedings, may bring an action in the circuit court to enjoin the acts or practices and to enforce compliance with this chapter or any rule or order hereunder. Upon proper showing, injunctive relief or temporary restraining orders shall be granted, and a receiver or conservator may be appointed. The director is not required to post a bond in any court proceedings.

(d) The director may intervene in a suit involving subdivided lands. In any suit by or against a subdivider involving subdivided lands, the subdivider promptly shall furnish the director notice of the suit and copies of all pleadings.

(e) The director may, but shall not be obligated to:

(1) Accept registrations filed in other states or with the federal government;

(2) Contract with similar agencies in this State or other jurisdictions to perform investigative functions;

(3) Accept grants-in-aid from any source.

(f) The director shall cooperate with similar agencies in other jurisdictions to establish uniform filing procedures and forms, uniform public offering statements, advertising standards, rules, and common administrative practices.

(g) The director may seek certification of this chapter from the Secretary of Housing and Urban Development pursuant to 15 United States Code section 1708.

(h) The director, from time to time, may hire consultants, who shall not be subject to chapter 76, to do any detailed inspection reports permitted or required by this chapter, the cost of which shall be borne by the applicant pursuant to section 484-20(b).

(i) The director, from time to time, may hire consultants in connection with the review of a subdivider's application for a preliminary or final order of registration. The consultant shall be asked to review thoroughly the application for the purpose of examining its compliance with the requirements of this chapter and any rules adopted, including the documentation and other materials provided in connection therewith, and the disclosure thereof in the public offering statement, a final order of registration, or any amended public offering statement to be provided to the purchasers. Upon completing the review, the consultant shall provide a written analysis of the application and any public offering statement and an opinion of the nature and extent to which the application and any public offering statement comply with this chapter and the rules adopted pursuant thereto. The consultants shall not be subject to chapter 76, and the cost of retaining them shall be borne by the subdivider. [L 1967, c 223, §10; HRS §484-10; am L 1983, c 175, §9; am L 1992, c 132, §§12, 13; am L 2002, c 253, §150]

Revision Note

In subsection (h), reference to "484-20(b)" substituted for "484-20(b)(3)".
Haw. Rev. Stat. § 488-5 — HI Code / Division 2 / Title 26 / Chapter 488 / Section 488-5
Annual exhibits; examination by commissioner.
Status: in_force

(a) Each plan shall file with the commissioner within sixty days after the end of its fiscal year an income statement and balance sheet compiled, reviewed, or audited by a certified public accountant.

(b) The powers, authorities, and duties relating to examinations vested in and imposed upon the commissioner under chapter 431 apply with respect to examinations of plans subject to this section; provided that no examination shall attempt to obtain or inspect written or oral information or documents in violation of the rules for client-lawyer confidentiality as contained in the Hawaii rules of professional conduct adopted by the supreme court. [L 1976, c 156, pt of §1; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 2008, c 19, §75; am L 2010, c 47, §1(5)]
Haw. Rev. Stat. § 487N-4 — HI Code / Division 2 / Title 26 / Chapter 487N / Section 487N-4
Reporting requirements.
Status: in_force

A government agency shall submit a written report to the legislature within twenty days after discovery of a security breach at the government agency that details information relating to the nature of the breach, the number of individuals affected by the breach, a copy of the notice of security breach that was issued, the number of individuals to whom the notice was sent, whether the notice was delayed due to law enforcement considerations, and any procedures that have been implemented to prevent the breach from reoccurring. In the event that a law enforcement agency informs the government agency that notification may impede a criminal investigation or jeopardize national security, the report to the legislature may be delayed until twenty days after the law enforcement agency has determined that notice will no longer impede the investigation or jeopardize national security.
Haw. Rev. Stat. § 480E-11 — HI Code / Division 2 / Title 26 / Chapter 480E / Section 480E-11
Unfair or deceptive act or practice; penalties.
Status: in_force

(a) Any person who violates any provision of this chapter shall be deemed to have engaged in an unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2.

(b) Any person who violates any provision of title 12 Code of Federal Regulations part 1015, pertaining to mortgage assistance relief services, shall be deemed to have engaged in an unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2.

(c) The penalties provided in this section shall be cumulative to the remedies or penalties available under all other laws of this State. [L 2008, c 137, pt of §2; am L 2012, c 183, §2; am L 2016, c 142, §10]
Haw. Rev. Stat. § 478-8 — HI Code / Division 2 / Title 26 / Chapter 478 / Section 478-8
Exemptions from usury.
Status: in_force

(a) This chapter (except for this section and section 478-3) shall not apply to any mortgage loan transaction wholly or partially secured by a guarantee or insurance or a commitment to insure issued under the provisions of the National Housing Act, Chapter 13 of Title 12 of the United States Code, the Veterans Benefit Act, subchapters I and II of Chapter 37 of Title 38 of the United States Code, and subchapter III of Chapter 8A of Title 42 of the United States Code, the Small Business Act, Chapter 14A of Title 15 of the United States Code, and the Small Business Investment Act, Chapter 14B of Title 15 of the United States Code.

(b) The provisions of this chapter (except for this section and section 478-3) shall not apply to any:

(1) Indebtedness that is secured by a first mortgage lien on real property, and is agreed to or incurred after May 30, 1980;

(2) Consumer credit agreement of sale made after May 30, 1980, under which a vendor agrees to sell real property to a vendee but retains legal title to the real property and in which the rate of interest or the manner in which such rate shall be determined is clearly stated. As used in this paragraph, "agreement of sale" includes subagreement of sale or other subsequent subagreement of sale made on or after June 18, 1982. Notwithstanding the first sentence of this paragraph, with respect to any consumer credit agreement of sale made on or after July 1, 1985, upon extension at maturity or renegotiation thereof, the maximum rate of interest charged thereafter shall not be more than the greater of the rate of interest payable under the agreement of sale immediately prior to such maturity or renegotiation or four percentage points above the highest weekly average yield on United States Treasury securities adjusted to a constant maturity of three years, as made available by the Federal Reserve Board within sixty days prior to the time of extension or renegotiation;

(3) Indebtedness that is secured by a purchase-money junior mortgage lien on real property that is agreed to and incurred after June 18, 1982; provided that purchase-money junior mortgage lien means a mortgage that is subordinate in lien priority to an existing mortgage on the same real property that is given to the seller as part of the buyer's consideration for the purchase of real property and delivered at the same time that the real property is transferred as a simultaneous part of the transaction;

(4) Transaction for the sale of goods, services, or both, by a seller in the business of selling such goods or services, if the transaction is subject to chapter 476 or the rate of interest charged by the seller in the transaction does not exceed eighteen per cent a year; provided that this paragraph shall not apply to any transaction regulated by chapter 412 or 431 or to any transaction for the sale of financial services. This paragraph shall not be deemed to limit any seller's right to charge interest under section 478-2;

(5) Payment of any claim under section 431:13-108; or

(6) Indebtedness secured by a time share interest defined in section 514E-1, if that time share interest is not otherwise governed by section 478-8(a) or 478-8(b)(1) to (4), and if the rate of interest does not exceed eighteen per cent per year. This paragraph shall not be deemed to limit a seller's right to charge interest under section 478-2.

(c) The provisions of this chapter (except for this section and section 478-3) shall not apply to a loan made by an employee benefit plan as defined in section 1002(3) of Title 29 of the United States Code, as amended, or a loan made by the employees' retirement system of the State of Hawaii.

(d) This chapter shall not apply to any mortgage loan which may be made by a financial institution pursuant to rules adopted by the commissioner of financial institutions pursuant to section 412:2-108. [L 1970, c 199, §2; am L 1974, c 20, §1; am L 1980, c 188, §2; am L 1981, c 204, §1; am L 1982, c 92, §2 and c 288, §2; am L 1985, c 234, §2, c 247, §3, and c 269, pt of §55; am L 1986, c 137, pt of §1; am L 1993, c 350, §27; am L 1995, c 36, §1; am L 1999, c 99, §§3, 5; am L 2001, c 68, §2; am L 2002, c 52, §2; am L 2005, c 22, §33]
Haw. Rev. Stat. § 480E-9.5 — HI Code / Division 2 / Title 26 / Chapter 480E / Section 480E-9.5
Recordkeeping and compliance requirements.
Status: in_force

(a) Any distressed property consultant shall keep, for a period of twenty-four months from the date the record is created, the following records:

(1) All contracts or other agreements between the distressed property consultant and any consumer for any mortgage assistance relief service;

(2) Copies of all written communications between the distressed property consultant and the distressed property owner or owners occurring prior to the date on which the property owner or owners entered into an agreement with the distressed property consultant for any mortgage assistance relief service;

(3) Copies of all documents or telephone recordings created in connection with compliance with subsection (b);

(4) All files containing the distressed property owner's or owners' names and phone numbers, dollar amounts paid, and descriptions of mortgage assistance relief services purchased, to the extent the distressed property consultant keeps such information in the ordinary course of business;

(5) Copies of all materially different sales scripts, training materials, commercial communications, or other marketing materials, including websites and weblogs, for any mortgage assistance relief service; and

(6) Copies of the documentation provided to the consumer as specified in section 480E-3.

(b) A distressed property consultant shall also:

(1) Take reasonable steps sufficient to monitor and ensure that all employees and independent contractors comply with this chapter. Such steps shall include the monitoring of communications directed at specific consumers and shall also include, at a minimum, the following:

(A) If the distressed property consultant is engaged in the telemarketing of mortgage assistance relief services, performing random, blind recording and testing of the oral representations made by individuals engaged in sales or other customer service functions;

(B) Establishing a procedure for receiving and responding to any and all complaints regarding or relating to the distressed property consultant or mortgage assistance relief service, or both; and

(C) Ascertaining the number and nature of any complaints regarding transactions in which any employee or independent contractor, or both, is involved;

(2) Investigate promptly and fully each consumer complaint received;

(3) Take corrective action with respect to any employee or independent contractor whom the distressed property consultant determines is not complying with this chapter, which action may include training, disciplining, or terminating the individual; and

(4) Maintain any information and material necessary to demonstrate the distressed property consultant's compliance with this subsection.

(c) A distressed property consultant may keep the records required by this section in any form, and in the same manner, format, or place as it keeps such records in the ordinary course of business. [L 2016, c 142, pt of §1]
Haw. Rev. Stat. § 482B-8 — HI Code / Division 2 / Title 26 / Chapter 482B / Section 482B-8
Effect on other law.
Status: in_force

(a) Except as provided in subsection (b) this chapter displaces conflicting tort, restitutionary, and other law of this State providing civil remedies for misappropriation of a trade secret.

(b) This chapter does not affect:

(1) Contractual remedies, whether or not based upon misappropriation of a trade secret;

(2) Other civil remedies that are not based upon misappropriation of a trade secret; or

(3) Criminal remedies, whether or not based upon misappropriation of a trade secret. [L 1989, c 221, pt of §1]
Haw. Rev. Stat. § 484-8.5 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-8.5
Preliminary order of registration.
Status: in_force

(a) The director shall enter a preliminary order of registration when:

(1) The director receives a request therefor together with a complete application for registration containing all information required under this chapter, including, without limitation, all standardized application forms prescribed by the director;

(2) The director affirmatively determines, upon inquiry and examination, that the applicable requirements of section 484-7 have been met except for some particular requirement or requirements which is, or are, at the time not fulfilled, but which reasonably may be expected to be fulfilled; and

(3) Preliminary subdivision approval has been granted by the county in which the land is situated.

No preliminary order of registration shall be issued unless the director is satisfied that the public offering statement adequately discloses all matters required by section 484-6(a) and the rules adopted by the director hereunder.

(b) If the director determines upon inquiry and examination that any of the requirements for issuance of a preliminary order of registration have not been met, the director shall notify the applicant that the application for a preliminary order of registration must be corrected in the particulars specified within forty-five days. If the requirements are not met within the time allowed the director shall enter an order rejecting the registration, which order shall include the findings of fact upon which the order is based. The order rejecting the registration shall not become effective for twenty days during which time the applicant may petition for reconsideration and shall be entitled to a hearing.

(c) Upon issuance by the director of a preliminary order of registration, the subdivider may solicit and accept binding sales contracts (subject to any rights of rescission in favor of the purchaser as set forth in this chapter) or nonbinding reservation agreements to purchase the subdivided lands, notwithstanding any law requiring that final subdivision approval be granted prior to the offer or sale of subdivided lands; provided that all earnest money deposits, if any, received by the subdivider or the subdivider's agents shall take the form of a check or other instrument within the meaning of article 3 of chapter 490 and shall be payable to the escrow agent, and that no cash shall be accepted by the subdivider or the subdivider's agents.

(d) All sums paid by purchasers and prospective purchasers prior to the time the director issues a final order registering the subdivided lands shall be placed in an escrow account under an escrow agreement which provides that no disbursements shall be made from such escrow account to or on behalf of the subdivider until the director enters a final order registering the subdivided lands and the requirements of sections 484-8.7 and 484-8.6(b) and (c) have been met. However, the subdivider or the subdivider's agents may hold, until the expiration of the seven-day cancellation period provided by section 484-7(6) or any longer purchaser cancellation period (not exceeding sixty days) provided in the sales contract, any instrument made by a purchaser:

(1) For which subsequent holders may not claim holder-in-due-course status within the meaning of article 3 of chapter 490; or

(2) Where the payee is the escrow agent.

(e) Rights under contracts for the sale of subdivided lands, although binding on the purchasers, may not be enforced against the purchasers so as to require the purchasers to close until:

(1) A final order of registration is entered by the director; and

(2) The purchasers have had a full opportunity to obtain a refund of any sums paid and a release from the purchasers' obligations under the purchasers' sales contracts in accordance with section 484-8.7 or section 484-8.6(b) or (c). [L 1983, c 175, pt of §8; am L 1992, c 132, §8]
Haw. Rev. Stat. § 482B-7 — HI Code / Division 2 / Title 26 / Chapter 482B / Section 482B-7
Statute of limitations.
Status: in_force

An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
Haw. Rev. Stat. § 481M-6 — HI Code / Division 2 / Title 26 / Chapter 481M / Section 481M-6
Early termination.
Status: in_force

The lessee shall have the right to acquire ownership of the property at any time after the initial payment by tendering to the lessor all past due payments and fees and an amount equal to the cash price stated in the lease-purchase agreement multiplied by a fraction that has as its numerator the number of periodic payments remaining under the agreement and that has as its denominator the total number of periodic payments.
Haw. Rev. Stat. § 489E-10 — HI Code / Division 2 / Title 26 / Chapter 489E / Section 489E-10
Effect of change or error.
Status: in_force

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules shall apply:

(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may elect to avoid the effect of the changed or erroneous electronic record;

(2) In an automated transaction involving an individual, the individual may elect to avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:

(A) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;

(B) Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and

(C) Has not used or received any benefit or value from the consideration, if any, received from the other person;

(3) If neither paragraph (1) nor paragraph (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any; and

(4) Paragraphs (2) and (3) shall not be varied by agreement. [L 2000, c 282, pt of §1]
Haw. Rev. Stat. § 488-6 — HI Code / Division 2 / Title 26 / Chapter 488 / Section 488-6
Investments of certain plans.
Status: in_force

No plan promising or offering to pay for legal services in an amount equal to or in excess of $25 a year shall invest any of its assets other than as authorized and provided for in respect to domestic insurance companies and societies under chapters 431 and 432, which provisions are hereby extended to and made applicable to prepaid legal service plans.
Haw. Rev. Stat. § 487-3 — HI Code / Division 2 / Title 26 / Chapter 487 / Section 487-3
Personnel.
Status: in_force

(a) The director may appoint as staff members persons who have been admitted to practice law before the supreme court of this State without regard to chapter 76. All other employees shall be appointed by the director in accordance with chapter 76.

(b) The director may, by contract, retain the services of special consumer protection attorneys for the prosecution of consumer-related matters. The special consumer protection attorneys shall serve at the pleasure of the director. At the option of the director, special consumer protection attorneys may be compensated on a fixed-price basis, an hourly rate basis, with or without a fixed cap, or through a contingent fee arrangement to be specified in the contract and payable out of all sums the special consumer protection attorney recovers for the State by judgment, order, assurance of voluntary compliance, or settlement. [L 1969, c 175, §3; am L 1995, c 73, §3; am L 2000, c 253, §150]
Haw. Rev. Stat. § 486H-13 — HI Code / Division 2 / Title 26 / Chapter 486H / Section 486H-13
Maximum pre-tax wholesale price for the sale of gasoline; civil actions.
Status: in_force

(a) Notwithstanding any law to the contrary, no manufacturer, wholesaler, or jobber may sell regular unleaded, mid-grade, or premium gasoline to a dealer retail station, an independent retail station, or to another jobber or wholesaler at a price above the maximum pre-tax wholesale prices established pursuant to subsection (b). The commission shall publish the maximum pre-tax wholesale prices by means that shall include the internet website for the State of Hawaii.

(b) On a weekly basis, the commission shall determine the maximum pre-tax wholesale price of regular unleaded, mid-grade, and premium gasoline as follows: the maximum pre-tax wholesale price of regular unleaded gasoline shall consist of the baseline price for regular unleaded gasoline, plus the marketing margin factor and the zone price adjustment, and for mid-grade and premium gasoline, the applicable mid-grade and premium adjustment factor, such that the maximum pre-tax wholesale gasoline prices reflect and correlate with competitive market conditions.

(c) The baseline price for regular unleaded gasoline referred to in subsection (b) shall be determined on a weekly basis and shall be equal to the average of the three lowest of the four weekly averages of the spot daily price for conventional regular unleaded gasoline or its equivalent standard:

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

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

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

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

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

(d) The marketing margin factor referred to in subsection (b) shall be 14 cents per gallon or as otherwise determined by the commission and shall thereafter be subject to adjustment pursuant to section 486H-16(a).

(e) The mid-grade adjustment factor shall be 5 cents per gallon or as otherwise determined by the commission and shall thereafter be subject to adjustment pursuant to section 486H-16(a).

(f) The premium adjustment factor shall be 9 cents per gallon or as otherwise determined by the commission and shall thereafter be subject to adjustment pursuant to section 486H-16(a).

(g) For purposes of this chapter, the State shall be divided into the following zones:

(1) Zone 1 shall include the island of Oahu;

(2) Zone 2 shall include the island of Kauai;

(3) Zone 3 shall include the island of Maui, except the district of Hana;

(4) Zone 4 shall include the district of Hana on the island of Maui;

(5) Zone 5 shall include the island of Molokai;

(6) Zone 6 shall include the island of Lanai;

(7) Zone 7 shall include the districts of Puna, south Hilo, north Hilo, and Hamakua on the island of Hawaii; and

(8) Zone 8 shall include the districts of north Kohala, south Kohala, north Kona, south Kona, and Kau on the island of Hawaii.

(h) The commission shall establish zone price adjustments to the maximum pre-tax wholesale regular unleaded, mid-grade, and premium gasoline prices on a zone by zone basis.

(i) The zone price adjustments for zones 2 through 8, set forth in subsection (g), shall be divided as follows:

(1) Thirty per cent of the zone price adjustment shall be allocated to the shipper of the gasoline from zone to zone;

(2) Twenty per cent of the zone price adjustment shall be allocated to the terminal holding the gasoline in zones 2 through 8; and

(3) Fifty per cent of the zone price adjustments shall be allocated to the person or entity that delivers the gasoline to the retail station in zones 2 through 8.

(j) Every manufacturer, wholesaler, or jobber, upon the request of the commission, shall furnish to the commission, in the form requested, all documents, data, and information the commission may require to make its determination on zone price adjustments. Any person who refuses or fails to comply with a request for information by the commission shall be subject to a fine of up to $50,000 per day. Each day a violation continues shall constitute a separate offense.

(k) The maximum pre-tax wholesale gasoline price imposed by this section shall take effect on September 1, 2005, notwithstanding the lack of the adoption of rules pursuant to this section; provided that notwithstanding any law to the contrary, the maximum pre-tax wholesale price under this section shall be suspended indefinitely upon the effective date of Act 78, Session Laws of Hawaii 2006, and shall not thereafter become effective until and unless the governor publishes a notice statewide in accordance with section 1-28.5 that the reinstatement of the maximum pre-tax wholesale price under this section is beneficial to the economic well-being, health, and safety of the people of the State. The maximum pre-tax wholesale price shall become effective five days after the publication of the notice by the governor unless otherwise specified by the governor, and shall remain in effect for thirty days, after which time it shall be automatically suspended. Thereafter, the governor may reinstate the maximum pre-tax wholesale price for thirty-day periods on the same conditions as set forth above. Upon a finding that the maximum pre-tax wholesale price would impose a financial hardship upon a distributor within a zone, the governor, in the governor's discretion, may increase the maximum pre-tax wholesale price for the zone in an amount determined necessary to eliminate the financial hardship on any affected distributor who does not operate a refinery within the State. Any increase in the maximum pre-tax wholesale price shall be included in the notice published by the governor.

(l) The suspension of the maximum pre-tax wholesale gasoline price shall suspend the commission's duty to calculate and publish the maximum pre-tax wholesale gasoline price that would have been in effect but for the suspension, but shall not suspend or affect:

(1) Any duty to register, timely provide information, make a report, or file a statement under chapter 486J; or

(2) Any duty of the commission to enforce chapter 486B.

(m) Any manufacturer, wholesaler, or jobber who knowingly violates any requirement imposed or rule adopted under this section, except for subsection (j), shall be subject to a civil penalty, for each violation, equal to three times the amount of the overcharge or $250,000, whichever is greater, and shall be liable for the costs of the action and reasonable attorney's fees as determined by the court. Within two years from the date the commission obtains actual knowledge of the violation, the commission may institute a civil action in a court of competent jurisdiction to collect the civil penalty, the costs, and attorney's fees. In the case of ongoing violation, the two-year period shall start from the date of the last violation. The commission may refer any such action to the attorney general as it deems appropriate. As used in this subsection, "overcharge" means the number of gallons of gasoline sold, times the wholesale price at which the manufacturer or jobber sold regular unleaded, mid-grade, or premium gasoline to a dealer retail station, an independent retail station, or another jobber or wholesaler, less taxes assessed, less the maximum pre-tax wholesale gasoline price established pursuant to subsection (b).

(n) The department of business, economic development, and tourism shall have the power to determine the extent to which a manufacturer, wholesaler, or jobber is complying with any requirement imposed or rule adopted under this section, including the power to compel a manufacturer, wholesaler, or jobber to submit documents, data, and information necessary and appropriate for the department of business, economic development, and tourism to determine compliance.

(o) The commission shall report to the governor and the legislature, in a timely manner, on any significant aberrations, trends, or conditions that may adversely impact the gasoline consumers in the State.

(p) The commission may adopt rules pursuant to chapter 91 as may be necessary to implement this section and section 486H-16. [L 2002, c 77, pt of §2(1); am L 2004, c 242, §3; am L 2006, c 78, §17; am L 2010, c 152, §1]
Haw. Rev. Stat. § 480F-7 — HI Code / Division 2 / Title 26 / Chapter 480F / Section 480F-7
Other relief available.
Status: in_force

The penalties provided in this chapter are in addition to penalties and remedies otherwise available against the same conduct under the common law or other state or federal statutes or rules.
Haw. Rev. Stat. § 481D-1 — HI Code / Division 2 / Title 26 / Chapter 481D / Section 481D-1
Definitions.
Status: in_force

As used in this chapter:

"Going out of business sale" means any sale, whether described by that name or any other name including but not limited to "closing out sale", "lost our lease sale", "forced to vacate sale", and "inventory close out sale", held in a manner as to induce a belief that upon disposal of the stock of goods on hand, the business will cease and be discontinued at the premises where the sale is conducted, and that otherwise complies with all applicable laws and rules relating to sales and conduct of sales.

"Goods" includes all goods, wares, merchandise, and other personal property, excepting choses in action and money.

"Person" includes a person, firm, corporation, partnership, association, or two or more persons having a joint or common interest.

"Removal sale" means any sale held in such a manner as to induce a belief that upon disposal of the stock of goods on hand, the business will cease and be discontinued at the premises where the sale is conducted, and thereafter will be moved to occupy another location. [L 1994, c 98, pt of §1; am L 1996, c 271, §3]
Haw. Rev. Stat. § 481C-2 — HI Code / Division 2 / Title 26 / Chapter 481C / Section 481C-2
Deceptive trade practice.
Status: reserved

In connection with any door-to-door sale, it constitutes an unfair or deceptive act or practice for the seller to:

(1) Fail to furnish the buyer with a fully completed receipt or copy of any contract pertaining to such sale at the time of its execution, which is in the same language as that principally used in the oral sales presentation and which shows the date of the transaction and contains the name and address of the seller, and which gives a description of the goods, including make, model, and identification number or marks, if any, and in immediate proximity to the space reserved in the contract for the signature of the buyer or on the front page of the receipt if a contract is not used and in bold face type of a minimum size of ten points, a statement in substantially the following form:

YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.

(2) Fail to furnish each buyer, at the time the buyer signs the door-to-door sales contract or otherwise agrees to buy goods or services from the seller, a completed form in duplicate, captioned "NOTICE OF CANCELLATION", which shall be attached to the contract or receipt and easily detachable, and which shall contain in ten-point bold face type the following information and statements in the same language as that used in the contract:

NOTICE OF CANCELLATION

(Enter date of transaction)

(Date)

YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.

IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENT MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.

IF YOU CANCEL YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.

IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.

TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM TO (Name of seller) , AT (Address of seller's place of business) NOT LATER THAN MIDNIGHT OF .

(Date)

I HEREBY CANCEL THIS TRANSACTION.

__________________

(Date)

______________________________________

(Buyer's signature)

(3) Fail, before furnishing copies of the "Notice of Cancellation" to the buyer, to complete both copies by entering the name of the seller, the address of the seller's place of business, the date of the transaction, and the date, not earlier than the third business day following the date of the transaction, by which the buyer may give notice of cancellation.

(4) Include in any door-to-door contract or receipt any confession of judgment or any waiver of any of the rights to which the buyer is entitled under this chapter including specifically the buyer's right to cancel the sale in accordance with the provisions of this chapter.

(5) Fail to inform each buyer orally, at the time the buyer signs the contract or purchases the goods or services, of the buyer's right to cancel.

(6) Misrepresent in any manner the buyer's right to cancel.

(7) Fail or refuse to honor any valid notice of cancellation by a buyer and within ten business days after the receipt of such notice, to (A) refund all payments made under the contract or sale; (B) return any goods or property traded in, in substantially as good condition as when received by the seller; (C) cancel and return any negotiable instrument executed by the buyer in connection with the contract or sale and take any action necessary or appropriate to terminate promptly any security interest created in the transaction.

(8) Negotiate, transfer, sell, or assign any note or other evidence of indebtedness to a finance company or other third party prior to midnight of the fifth business day following the day the contract was signed or the goods or services were purchased.

(9) Fail, within ten business days of receipt of the buyer's notice of cancellation, to notify the buyer whether the seller intends to repossess or to abandon any shipped or delivered goods.

(10) Fail, if the seller's services result in the alteration of the property of the buyer, to restore the property to substantially as good condition as it was prior to the time the services were rendered. [L 1976, c 32, pt of §5; gen ch 1985]
Haw. Rev. Stat. § 483-4 — HI Code / Division 2 / Title 26 / Chapter 483 / Section 483-4
Effect of obligee's release to one or more.
Status: in_force

Subject to section 483-3, the obligee's release or discharge of one or more of several obligors, or of one or more of joint, or of joint and several obligors shall not discharge co-obligors, against whom the obligee in writing and as part of the same transaction as the release or discharge, expressly reserves the obligee's rights; and in the absence of such a reservation of rights shall discharge co-obligors only to the extent provided in section 483-5.
Haw. Rev. Stat. § 486-136 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-136
Offenses and penalties.
Status: in_force

(a) Criminal. Any person who performs any one of the acts enumerated in this subsection shall be guilty of a misdemeanor:

(1) Use or have in possession a device which has been altered to facilitate fraud;

(2) Falsely certify any gross, tare, or net weight or measure required by this part to be on the certificate;

(3) Falsify a certificate;

(4) Issue a certificate simulating the certificate in this part;

(5) Refuse without cause to weigh or measure any article or thing which it is the person's duty to weigh or measure, or refuse to state in any certificate anything required to be therein;

(6) Assume the title of public measuremaster, or any title of similar import, without a valid license;

(7) Perform the duties or acts to be performed by a public measuremaster without a valid license;

(8) Present oneself as a public measuremaster without a valid license;

(9) Issue any certificate, ticket, memorandum, or statement for which a fee is charged without a valid license;

(10) Engage in the full-time or part-time business of measuring for hire without a valid license;

(11) Delegate the person's own authority as a public measuremaster to any person not licensed as a public measuremaster;

(12) Request a public measuremaster to weigh, measure, or count any vehicle, property, produce, commodity, or article falsely or incorrectly; or

(13) Request a false or incorrect certificate.

(b) Civil. Any person who performs any one of the acts enumerated in this subsection shall be fined not more than $2,000 for each separate offense:

(1) Use any device for certification purposes that does not meet the requirements of the National Institute of Standards and Technology handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices";

(2) Operate devices in a manner not in accordance with the National Institute of Standards and Technology handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices" requirements; or

(3) Violate any provision of this part or any rule adopted under this part for which a specific penalty has not been prescribed. [L 1991, c 153, pt of §7]
Haw. Rev. Stat. § 487D-1 — HI Code / Division 2 / Title 26 / Chapter 487D / Section 487D-1
Definitions.
Status: in_force

For purposes of this chapter:

"Cardholder" means any consumer to whom a retail merchant club card is issued, and may include all persons holding the club card under the same account.

"Cardholder information" means the cardholder's name, mailing address, electronic mail address, and any unique membership identifiers assigned by the club card issuer to the cardholder for purposes of targeting marketing activities.

"Club card" means any card or device used for the purpose of obtaining access to purchase retail products through membership, for price discounts, or to receive other no-cost benefits provided by the retail merchant. A "club card" is not a credit card, charge card, or check cashing card.

"Club card issuer" means a retail merchant that provides club cards to consumers, and includes a contract information services provider of the retail merchant.

"Marketing purposes" means the categorization of cardholders based on the cardholder’s shopping patterns, spending history, or behavioral characteristics derived from account activity that is provided to an unaffiliated third party for consideration.

"Personal information" means information associated with an actual person that is a name, an address, a telephone number, an electronic mail address, a driver's license number, a social security number, an employer, a place of employment, information related to employment, an employee identification number, a mother's maiden name, an identifying number of a depository account, a bank account number, a password used for accessing information, a taxpayer identification number, health insurance identification number, date of birth, a personal identification number (PIN), a government passport number, credit card number, or any other name, number, or code that is used to access personal financial information about the actual person.

"Retail merchant" means any retailer that sells food, products, or merchandise.

"Unaffiliated third party" means a business that is not under the corporate control or common ownership of the club card issuer or is not a contract information services provider of the retail merchant. [L 2004, c 92, pt of §2]
Haw. Rev. Stat. § 481R-6 — HI Code / Division 2 / Title 26 / Chapter 481R / Section 481R-6
Reimbursement insurance policy.
Status: in_force

(a) In order for a warrantor to comply with section 481R-5(a), the warrantor's insurance policy shall state that:

(1) The insurer that issued the policy shall reimburse or pay on behalf of the warrantor any covered amounts the warrantor is legally obligated to pay or shall provide the service that the warrantor is legally obligated to perform according to the warrantor's obligations under the insured vehicle protection product issued or sold by the warrantor; and

(2) If the covered amounts are not paid or the covered service is not provided by the warrantor to a consumer before the sixty-first day after the date the consumer provides proof of loss, payment shall be made or the service shall be provided directly from the reimbursement insurer to the consumer.

(b) An insurer who issues a reimbursement insurance policy under this chapter may not cancel the policy until the insurer delivers to the warrantor a written notice of cancellation that complies with the requirements adopted for those notices under the insurance laws of this State.

The warrantor shall forward a copy of the cancellation notice to the commissioner not later than the fifteenth business day after the date the notice is delivered to the warrantor.

(c) The cancellation of a reimbursement insurance policy shall not reduce the insurer's responsibility for vehicle protection products issued by the warrantor and insured under the policy before the date of the cancellation.

(d) For purposes of this section, a warrantor shall be considered to be the representative of the insurer who issues the reimbursement insurance policy for purposes of obligating the insurer to consumers in accordance with the vehicle protection product and this chapter. [L 2002, c 237, pt of §1]
Haw. Rev. Stat. § 480-13 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-13
Suits by persons injured; amount of recovery, injunctions.
Status: in_force

(a) Except as provided in subsections (b) and (c), any person who is injured in the person's business or property by reason of anything forbidden or declared unlawful by this chapter:

(1) May sue for damages sustained by the person, and, if the judgment is for the plaintiff, the plaintiff shall be awarded a sum not less than $1,000 or threefold damages by the plaintiff sustained, whichever sum is the greater, and reasonable attorney's fees together with the costs of suit; provided that indirect purchasers injured by an illegal overcharge shall recover only compensatory damages, and reasonable attorney's fees together with the costs of suit in actions not brought under section 480-14(c); and

(2) May bring proceedings to enjoin the unlawful practices, and if the decree is for the plaintiff, the plaintiff shall be awarded reasonable attorney's fees together with the costs of suit.

(b) Any consumer who is injured by any unfair or deceptive act or practice forbidden or declared unlawful by section 480-2:

(1) May sue for damages sustained by the consumer, and, if the judgment is for the plaintiff, the plaintiff shall be awarded a sum not less than $1,000 or threefold damages by the plaintiff sustained, whichever sum is the greater, and reasonable attorney's fees together with the costs of suit; provided that where the plaintiff is an elder, the plaintiff, in the alternative, may be awarded a sum not less than $5,000 or threefold any damages sustained by the plaintiff, whichever sum is the greater, and reasonable attorney's fees together with the costs of suit. In determining whether to adopt the $5,000 alternative amount in an award to an elder, the court shall consider the factors set forth in section 480-13.5; and

(2) May bring proceedings to enjoin the unlawful practices, and if the decree is for the plaintiff, the plaintiff shall be awarded reasonable attorney's fees together with the costs of suit.

(c) The remedies provided in subsections (a) and (b) shall be applied in class action and de facto class action lawsuits or proceedings, including actions brought on behalf of direct or indirect purchasers; provided that:

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

(2) In class actions or de facto class actions where both direct and indirect purchasers are involved, or where more than one class of indirect purchasers are involved, a defendant shall be entitled to prove as a partial or complete defense to a claim for compensatory damages that the illegal overcharge has been passed on or passed back to others who are themselves entitled to recover so as to avoid the duplication of recovery of compensatory damages;

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

(4) In no event shall an indirect purchaser be awarded less than the full measure of compensatory damages attributable to the indirect purchaser;

(5) In any lawsuit or lawsuits in which claims are asserted by both direct purchasers and indirect purchasers, the court is authorized to exercise its discretion in the apportionment of damages, and in the transfer and consolidation of cases to avoid the duplication of the recovery of damages and the multiplicity of suits, and in other respects to obtain substantial fairness;

(6) In any case in which claims are being asserted by a part of the claimants in a court of this State and another part of the claimants in a court other than of this State, where the claims arise out of same or overlapping transactions, the court is authorized to take all steps reasonable and necessary to avoid duplication of recovery of damages and multiplicity of suits, and in other respects, to obtain substantial fairness;

(7) In instances where indirect purchasers file an action and obtain a judgment or settlement prior to the completion of a direct purchaser's action in courts other than this State, the court shall delay disbursement of the damages until such time as the direct purchaser's suits are resolved to either final judgment, consent decree or settlement, or in the absence of a direct purchaser's lawsuit in the courts other than this State by direct purchasers, the expiration of the statute of limitations, or in such manner that will minimize duplication of damages to the extent reasonable and practicable, avoid multiplicity of suit, and obtain substantial fairness; and

(8) In the event damages in a class action or de facto class action remain unclaimed by the direct or indirect purchasers, the class representative or the attorney general shall apply to the court and such funds shall escheat to the State upon showing that reasonable efforts made by the State to distribute the funds have been unsuccessful.

(d) The remedies provided in this section are cumulative and may be brought in one action. [L 1961, c 190, §11; Supp, §205A-11; HRS §480-13; am L 1969, c 108, §1; am L 1974, c 33, §1; am L 1980, c 69, §3; gen ch 1985; am L 1987, c 274, §4; am L 1998, c 179, §2; am L 2001, c 79, §1; am L 2002, c 229, §3; am L 2005, c 108, §3]
Haw. Rev. Stat. § 486-37 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-37
Rules; severability and continuation.
Status: repealed

(a) If any provision of the rules adopted under this chapter is declared invalid, or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of the rules and the applicability thereof to other persons and circumstances shall not be affected thereby.

(b) Except as specifically excepted, all rules currently in effect, as they relate to this chapter, shall remain in effect until they are updated, amended, or repealed. [L 1991, c 153, §3]
Haw. Rev. Stat. § 486-106 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-106
Testing at state-supported institutions.
Status: in_force

The department, through the measurement standards branch, shall from time to time test all measures used in establishing or verifying any other measurement, including any measure or measurement standard used in checking the receipt or disbursement of supplies in every institution for the maintenance of which moneys are appropriated by the legislature, reporting its findings, in writing, to the supervisory board and to the executive officer of the institution concerned.
Haw. Rev. Stat. § 489E-13 — HI Code / Division 2 / Title 26 / Chapter 489E / Section 489E-13
Admissibility in evidence.
Status: in_force

In a proceeding, evidence of a record or signature shall not be excluded solely because it is in electronic form.
Haw. Rev. Stat. § 481R-2 — HI Code / Division 2 / Title 26 / Chapter 481R / Section 481R-2
Applicability of chapter.
Status: in_force

(a) This chapter shall apply only to vehicle protection products delivered to consumers in the State of Hawaii, the warranties of which require the warrantor, to the extent agreed on as part of the warranty, to pay expenses to the consumer for the loss of or damage to the vehicle.

(b) A vehicle protection product which includes the application of a serial number or identification mark to a component or part of the vehicle shall include the vehicle identification number of the vehicle to which the product is applied. This chapter shall not apply to such a product if the product does not include the respective vehicle identification number.

(c) Loss of or damage to the vehicle under subsection (a) may also include unreimbursed incidental expenses that may be incurred by the consumer, including expenses for a replacement vehicle, temporary vehicle rental expenses, and registration expenses for replacement vehicles. [L 2002, c 237, pt of §1]
Haw. Rev. Stat. § 485A-602 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-602
Investigations and subpoenas.
Status: in_force

(a) The commissioner may:

(1) Conduct public or private investigations within or outside of this State which the commissioner considers necessary or appropriate to determine whether a person has violated, is violating, or is about to violate this chapter or a rule adopted or order issued under this chapter, or to aid in the enforcement of this chapter or in the adoption of rules and forms under this chapter;

(2) Require or permit a person to testify, file a statement, or produce a record, under oath or otherwise as the commissioner determines, as to all the facts and circumstances concerning a matter to be investigated or about which an action or proceeding is to be instituted; and

(3) Publish a record concerning an action, proceeding, or an investigation under, or a violation of, this chapter or a rule adopted or order issued under this chapter if the commissioner determines it is necessary or appropriate in the public interest and for the protection of investors.

(b) For the purpose of an investigation under this chapter, the commissioner or its designee may administer oaths and affirmations, subpoena witnesses, seek compulsion of attendance, take evidence, require the filing of statements, and require the production of any records that the commissioner considers relevant or material to the investigation.

(c) If a person does not appear or refuses to testify, file a statement, produce records, or otherwise does not obey a subpoena as required by the commissioner under this chapter, the commissioner may apply to a court of competent jurisdiction to enforce compliance. The court may:

(1) Hold the person in contempt;

(2) Order the person to appear before the commissioner;

(3) Order the person to testify about the matter under investigation or in question;

(4) Order the production of records;

(5) Grant injunctive relief, including restricting or prohibiting the offer or sale of securities or the providing of investment advice;

(6) Impose a civil penalty not greater than $100,000 for each violation; and

(7) Grant any other necessary or appropriate relief.

(d) This section shall not preclude a person from applying to a court of competent jurisdiction for relief from a request to appear, testify, file a statement, produce records, or obey a subpoena.

(e) An individual shall not be excused from attending, testifying, filing a statement, producing a record or other evidence, or obeying a subpoena of the commissioner under this chapter or in an action or proceeding instituted by the commissioner under this chapter on the ground that the required testimony, statement, record, or other evidence, directly or indirectly, may tend to incriminate the individual or subject the individual to a criminal fine, penalty, or forfeiture. If the individual refuses to testify, file a statement, or produce a record or other evidence on the basis of the individual's privilege against self-incrimination, the commissioner may apply to a court of competent jurisdiction to compel the testimony, the filing of the statement, the production of the record, or the giving of other evidence. The testimony, record, or other evidence compelled under such an order may not be used, directly or indirectly, against the individual in a criminal case, except in a prosecution for perjury or contempt or otherwise failing to comply with the order.

(f) At the request of the securities regulator of another state or a foreign jurisdiction, the commissioner may provide assistance if the requesting regulator states that it is conducting an investigation to determine whether a person has violated, is violating, or is about to violate a law or rule of the other state or foreign jurisdiction relating to securities matters that the requesting regulator administers or enforces. The commissioner may provide the assistance by using the authority to investigate and the powers conferred by this chapter as the commissioner determines is necessary or appropriate. The assistance may be provided without regard to whether the conduct described in the request would also constitute a violation of this chapter or other law of this State if occurring in this State. In deciding whether to provide the assistance, the commissioner may consider whether the requesting regulator is permitted and has agreed to provide assistance reciprocally within its state or foreign jurisdiction to the commissioner when requested; whether compliance with the request would violate or prejudice the public policy of this State; and the availability of resources and employees of the commissioner to carry out the request for assistance.

(g) The commissioner shall, in its discretion, cooperate, coordinate, consult, and, subject to section 485A-608, share records and information with the securities regulator of another state, a foreign jurisdiction, the Securities and Exchange Commission, the Department of Justice, the Commodity Futures Trading Commission, the Federal Trade Commission, the Securities Investor Protection Corporation, a self-regulatory organization, a national or international organization of securities regulators, a federal or state banking and insurance regulator, and any other governmental law enforcement agency among the federal government, self-regulatory organizations, states, and foreign governments. Chapter 92F shall apply to records and information. [L 2006, c 229, pt of §1]

Revision Note

In subsection (g), "485A-608" substituted for "485A-607".
Haw. Rev. Stat. § 486N-8.5 — HI Code / Division 2 / Title 26 / Chapter 486N / Section 486N-8.5
Payment of contract price.
Status: in_force

Every health club contract in excess of one year in duration shall provide that the contract price be paid by an installment plan, whereby no more than twenty per cent of the contract price can be paid as the initial payment, and the balance of the contract price shall be paid in equal monthly amounts over the remaining term of the contract. The health club shall be entitled to charge interest on the overdue unpaid balance of any monthly installment subsequent to the initial payment. The interest charged on the contract shall comply with chapter 478.
Haw. Rev. Stat. § 485A-608 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-608
Public records; confidentiality.
Status: in_force

(a) Except as otherwise provided in subsection (b) or chapter 92F, records obtained by the commissioner or filed under this chapter, including a record contained in or filed with a registration statement, application, notice filing, or report, are public records and are available for public examination.

(b) The following records are not public records and are not available for public examination under subsection (a):

(1) A record obtained by the commissioner in connection with an audit or inspection under section 485A-411(d) or an investigation under section 485A-602;

(2) A part of a record filed in connection with a registration statement under sections 485A-301 and 485A-303 to 485A-305, or a record under section 485A-411(c) that contains trade secrets or confidential information if the person filing the registration statement or report has asserted a claim of confidentiality or privilege that is authorized by law;

(3) A record that is not required to be provided to the commissioner or filed under this chapter and is provided to the commissioner only on the condition that the record will not be subject to public examination or disclosure;

(4) A nonpublic record received from a person specified in section 485A-602(g);

(5) Any social security number, residential address unless used as a business address, and residential telephone number unless used as a business telephone number, contained in a record that is filed; and

(6) A record obtained by the commissioner through a designee of the commissioner that a rule or order under this chapter determines has been:

(A) Expunged from the commissioner's records by the designee; or

(B) Determined to be nonpublic or nondisclosable by that designee if the commissioner finds the determination to be in the public interest and for the protection of investors.

(c) If disclosure is for the purpose of a civil, administrative, or criminal investigation, action, or proceeding or to a person specified in section 485A-602(g), the commissioner may disclose a record obtained in connection with an audit or inspection under section 485A-411(d) or a record obtained in connection with an investigation under section 485A-602. [L 2006, c 229, pt of §1]
Haw. Rev. Stat. § 489D-14.5 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-14.5
Name change.
Status: in_force

To change its name, its fictitious name, or its trade name, a licensee shall file an application with the commissioner and pay a nonrefundable fee of $1,000 or a greater amount as the commissioner shall establish by rule pursuant to chapter 91. The application shall be approved if the commissioner is satisfied that the new name complies with all applicable laws. Any change of name shall not affect a licensee's rights, liabilities, or obligations existing prior to the effective date thereof, and no documents of transfer shall be necessary to preserve such rights, liabilities, or obligations; provided that the commissioner may require notice to be given to the public and other governmental agencies.
Haw. Rev. Stat. § 482-32 — HI Code / Division 2 / Title 26 / Chapter 482 / Section 482-32
Injury to business reputation; dilution.
Status: in_force

(a) The owner of a mark which is famous in this State shall be entitled, subject to the principles of equity and upon such terms as a court deems reasonable, to an injunction against another person's commercial use of a mark or trade name, if the use begins after the mark has become famous and causes dilution of the distinctive quality of the famous mark, and to obtain such other relief as provided in this part. In determining whether a mark is distinctive and famous, a court may consider but shall not be limited to factors such as:

(1) The degree of inherent or acquired distinctiveness of the mark in this State;

(2) The duration and extent of use of the mark in connection with the goods and services with which the mark is used;

(3) The duration and extent of advertising and publicity of the mark in this State;

(4) The geographical extent of the trading area in which the mark is used;

(5) The channels of trade for the goods or services with which the mark is used;

(6) The degree of recognition of the mark in the trading areas and channels of trade in this State used by the owner of the mark and the person against whom the injunction is sought;

(7) The nature and extent of the use of the same or a similar mark by third parties; and

(8) Whether the mark is registered in this State, or federally under the Act of March 3, 1881, or under the Act of February 20, 1905, or on the principal register.

(b) In any action brought under this section, the owner of a famous mark shall be entitled only to injunctive relief in this State, unless the person against whom the injunctive relief is sought wilfully intended to trade on the owner's reputation or to cause dilution of the famous mark. If wilful intent is proven, the owner shall also be entitled to the remedies set forth in this chapter, subject to the discretion of the court and the principles of equity.

(c) The fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark, the noncommercial use of the mark, and all forms of news reporting and news commentary shall not be actionable under this section. [L 2001, c 15, pt of §1]
Haw. Rev. Stat. § 482D-9 — HI Code / Division 2 / Title 26 / Chapter 482D / Section 482D-9
Contraband; forfeiture.
Status: in_force

(a) It is unlawful for any manufacturer or dealer to possess any article of merchandise found to be in violation of section 482D-3, 482D-4, 482D-5, or 482D-6. All articles of merchandise found to be in violation of section 482D-3, 482D-4, 482D-5, or 482D-6 shall be contraband and subject to seizure and forfeiture as provided in part VII, chapter 708 and chapter 712A. Any articles seized and forfeited pursuant to this section, and any proceeds thereof, may be made available to any victim who has a valid claim for loss or damage against the person from whom the articles were seized.

(b) This section shall not apply to antiques and second-hand jewelry.

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

"Antique" means any article of merchandise that is at least one hundred years old.

"Second-hand jewelry" means any jewelry offered for sale after the first sale to a consumer. [L 1990, c 343, pt of §2; am L 1997, c 31, §2]
Haw. Rev. Stat. § 486-120.7 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-120.7
[ §486-120.
Status: in_force

[ §486-120.7] Māmaki tea; labeling requirements. (a) No label on a consumer package that contains or includes tea or dried leaves from the plant Pipturus albidus shall contain:

(1) The words "Māmaki", "Hawaii", or "Hawaiian", or any variation of these terms; or

(2) Misleading Hawaiian imagery, place names, or motifs,

unless one hundred per cent of the tea or dried leaves were Hawaii-grown.

(b) Any nonconsumer package that contains tea or dried leaves from the plant Pipturus albidus grown in the State and introduced into intrastate or interstate commerce shall bear on the package a label stating that the package contains Hawaii-grown māmaki tea by using the words "Hawaii-grown māmaki tea". This label shall be required in addition to all other labeling requirements specified in this chapter.

(c) Any person keeping, offering, displaying, exposing for sale, or soliciting for sale any tea or dried leaves from the plant Pipturus albidus subject to and labeled in accordance with subsection (a) shall make available to the administrator, upon demand, documented proof that the tea or dried leaves were Hawaii-grown.

(d) The department may establish and administer a voluntary certification mark program for purposes of compliance under this section.

(e) Any person or the department may sue for injunctive relief to compel compliance with this section.

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

(g) For the purposes of this section:

"Consumer package" has the same meaning as in section 486-1.

"Hawaii-grown" means a plant that is cultivated, harvested, and dried within the State of Hawaii.

"Nonconsumer package" has the same meaning as in section 486-1. [L 2025, c 242, §2]
Haw. Rev. Stat. § 487-1 — HI Code / Division 2 / Title 26 / Chapter 487 / Section 487-1
Legislative intent.
Status: in_force

The public health, welfare and interest require a strong and effective consumer protection program to protect the interests of both the consumer public and the legitimate business person. Toward this end, a permanent office of consumer protection is created to coordinate the services offered to the consumer by various state and county agencies, together with private organizations, and to aid in the development of preventive and remedial programs affecting the interest of the consumer public.
Haw. Rev. Stat. § 487R-4 — HI Code / Division 2 / Title 26 / Chapter 487R / Section 487R-4
Reporting requirements.
Status: in_force

A government agency shall submit a written report to the legislature within twenty days after the discovery of a material occurrence of unauthorized access to personal information records in connection with or after its disposal by or on behalf of the government agency. The report shall contain information relating to the nature of the incident, the number of individuals affected by the incident, and any procedures that have been implemented to prevent the incident from reoccurring. In the event that a law enforcement agency informs the government agency that the report may impede a criminal investigation or jeopardize national security, the report to the legislature may be delayed until twenty days after the law enforcement agency has determined that the report will no longer impede the investigation or jeopardize national security.
Haw. Rev. Stat. § 481B-13 — HI Code / Division 2 / Title 26 / Chapter 481B / Section 481B-13
Gift certificates.
Status: in_force

(a) Any restaurant or person engaged in the business of offering services or goods for sale at retail may allow customers to purchase gift certificates. A certificate issuer shall not charge a service fee, including but not limited to a service fee for dormancy or inactivity. Any activation or issuance fee charged shall not exceed the lesser of ten per cent of the face value of the certificate or $5.

(b) The date of issuance and the expiration date shall be clearly identified on the face of the gift certificate, or, if an electronic card with a banked dollar value, clearly printed upon a sales receipt transferred to the purchaser of the electronic card upon the completed transaction. The expiration date shall be not less than five years after the date of issuance; provided that the expiration date of certificates issued only in paper form shall be not less than two years after the date of issuance. If the gift certificate does not have an expiration date, it shall be valid in perpetuity.

(c) For any gift certificate with a remaining balance less than $5, the certificate issuer shall redeem the remaining value of the gift certificate for cash.

(d) Gift certificates that are issued as part of an awards, loyalty, or promotional program, or to a not-for-profit charity organization, where no money or anything of value is given to the issuer by the consumer in exchange for the gift certificate, are exempt from this section; provided that the expiration date, if any, appears on the gift certificate or accompanying printed receipt.

(e) Any violation of this section shall constitute an unfair or deceptive act or practice in the conduct of trade or commerce within the meaning of section 480-2.

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

"Certificate issuer" or "issuer" means a restaurant or a person engaged in the business of offering services or goods for sale at retail who sells gift certificates to customers.

"Gift certificate" or "certificate" includes any electronic card with a banked dollar value where the issuer has received payment for the full banked dollar value for the future purchase or delivery of goods or services, any certificate where the issuer has received payment for the full face value of the certificate for future purchases or delivery of goods or services, and any other medium that evidences the giving of consideration in exchange for the right to redeem the certificate, electronic card, or other medium for goods, food, or services of at least an equal value. "Gift certificate" or "certificate" does not include a card, certificate, or other medium that is:

(1) Used solely for telephone services;

(2) Reloadable and not marketed or labeled as a gift card, gift certificate, or certificate;

(3) A loyalty, award, or promotional gift card;

(4) Not marketed to the general public;

(5) Redeemable solely for admission to events or venues at a particular location or group of affiliated locations, which may also include services or goods obtainable:

(A) At the event or venue after admission; or

(B) In conjunction with admission to such events or venues, at specific locations affiliated with and in geographic proximity to the event or venue; or

(6) Issued by a county for the purpose of loading and storing a dollar value to pay transit fares, other county fees, and other uses as authorized by the applicable county ordinances.

"Service fee" means a periodic fee, charge, or penalty for holding or use of a gift certificate, but does not include a one-time initial activation or issuance fee. [L 1992, c 83, §1; am L 1996, c 11, §1; am L 2004, c 136, §1; am L 2008, c 19, §17; am L 2010, c 195, §2; am L 2019, c 236, §1; am L 2021, c 76, §1]
Haw. Rev. Stat. § 489D-5 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-5
Exclusions.
Status: in_force

(a) This chapter shall not apply to:

(1) The United States or any department, agency, or instrumentality thereof;

(2) The United States Postal Service;

(3) The State or any political subdivisions thereof;

(4) The electronic transfer of government benefits for any federal, state, or county governmental agency as defined in Consumer Financial Protection Bureau Regulation E, by a contractor for, and on behalf of the United States or any department, agency, or instrumentality thereof, or any state or any political subdivisions thereof;

(5) An operator of a payment system to the extent that the operator provides processing, clearing, or settlement services between or among persons exempted by this section or licensees in connection with wire transfers, credit card transactions, debit card transactions, stored-value transactions, automated clearing house transfers, or similar fund transfers;

(6) A person appointed as an agent of a payee to collect and process a payment from a payor to the payee for goods or services, other than money transmission itself, provided to the payor by the payee; provided that:

(A) There exists a written agreement between the payee and the agent directing the agent to collect and process payments from payors on the payee's behalf;

(B) The payee holds the agent out to the public as accepting payments for goods or services on the payee's behalf; and

(C) Payment for the goods and services is treated as received by the payee upon receipt by the agent so that the payor's obligation is extinguished and there is no risk of loss to the payor if the agent fails to remit the funds to the payee;

(7) A person that acts as an intermediary by processing payments between an entity that has directly incurred an outstanding money transmission obligation to a sender, and the sender's designated recipient; provided that the entity:

(A) Is properly licensed or exempt from licensing requirements under this chapter;

(B) Provides a receipt, electronic record, or other written confirmation to the sender identifying the entity as the provider of money transmission in the transaction; and

(C) Bears sole responsibility to satisfy the outstanding money transmission obligation to the sender, including the obligation to make the sender whole in connection with any failure to transmit the funds to the sender's designated recipient;

(8) A person expressly appointed as a third party service provider to, or agent of, an entity exempt under section 489D-9.5, solely to the extent that the service provider or agent is engaging in money transmission on behalf of, and pursuant to, a written agreement with the exempt entity that sets forth the specific functions that the service provider or agent is to perform; provided that the exempt entity shall assume all risk of loss and all legal responsibility for satisfying the outstanding money transmission obligations owed to purchasers and holders of the outstanding money transmission obligations upon receipt of the purchaser's or holder's money or monetary value by the service provider or agent;

(9) A board of trade designated as a contract market under the federal Commodity Exchange Act, title 7 United States Code sections 1 to 25, as may be amended or recodified, or a person that, in the ordinary course of business, provides clearance and settlement services for a board of trade to the extent of its operation as, or for, the board;

(10) A registered futures commission merchant under the federal commodities laws to the extent of its operation as a registered futures commission merchant;

(11) A person registered as a securities broker-dealer under federal or state securities laws to the extent of its operation as a registered securities broker-dealer;

(12) An individual employed by a licensee, authorized delegate, or any person exempted from the licensing requirements of this chapter when acting within the scope of employment and under the supervision of the licensee, authorized delegate, or exempted person as an employee and not as an independent contractor; and

(13) A person exempt by rule or order if the commissioner finds the exemption to be in the public interest and that the regulation of the person is not necessary for the purposes of this chapter.

(b) Authorized delegates of a licensee acting within the scope of authority conferred by a written contract under section 489D-21 shall not be required to obtain a license pursuant to this chapter.

(c) The commissioner may require any person claiming to be exempt from licensing pursuant to this section to provide information and documentation to the commissioner demonstrating that the person qualifies for any exemption claimed under this section. [L 2006, c 153, pt of §1; am L 2008, c 195, §4; am L 2016, c 251, §1; am L 2023, c 183, §2]
Haw. Rev. Stat. § 489D-1 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-1
Short title.
Status: in_force

This chapter may be cited as the Money Transmitters Modernization Act.
Haw. Rev. Stat. § 489-6 — HI Code / Division 2 / Title 26 / Chapter 489 / Section 489-6
Complaint against unfair discrimination; reporting requirements.
Status: in_force

The civil rights commission shall receive complaints of unfair discriminatory treatment in public accommodations in accordance with the procedures established under chapter 368; provided that this section shall not apply to complaints under part II of this chapter.
Haw. Rev. Stat. § 486H-9 — HI Code / Division 2 / Title 26 / Chapter 486H / Section 486H-9
Rights of dealer family member.
Status: in_force

(a) Upon the death of a gasoline dealer, the franchise of said dealer and any leases or other agreements in connection therewith may be assumed by any dealer family member, who has actively participated in the franchise during the twelve-month period immediately preceding the dealer's death (but not necessarily continuously throughout such period), who meets the qualifications necessary to operate the station which would be customarily required by the petroleum distributor in question, and who gives written notice of the dealer family member's election to assume the franchise, and any leases or other agreements in connection therewith, to the petroleum distributor and any lessors of the premises within thirty days of the death of the gasoline dealer and affirms the same in writing within fifteen days after such thirty-day period.

(b) Any dealer family member who is entitled to give the notice under subsection (a) shall have the right to operate the franchise during the forty-five-day period provided for in subsection (a).

(c) "Dealer family member" shall mean that person from the group consisting of the surviving spouse and surviving adult children of the dealer designated by the dealer in a written designation received by the petroleum distributor prior to the dealer's death, provided that in the absence of any written designation, the dealer family member shall be that one of the dealer's surviving spouse and the dealer's surviving adult children who is entitled to give and gives the notice provided for in subsection (a) and who is chosen by said group. If said group does not choose the dealer family member within forty-five days after the dealer's death, then the petroleum distributor shall have the option of choosing the dealer family member from among those who were entitled to give and give notice of their election to assume the franchise, any leases or other agreements in accordance with subsection (a). [L 1978, c 232, §1; gen ch 1985]
Haw. Rev. Stat. § 478-6 — HI Code / Division 2 / Title 26 / Chapter 478 / Section 478-6
Usury; penalty.
Status: in_force

Any person who directly or indirectly receives any interest or finance charge at a rate greater than that permitted by law or who, by any method or device whatsoever, receives or arranges for the receipt of interest or finance charge at a greater rate than that permitted by law on any credit transaction shall be guilty of usury and shall be fined not more than $250, unless a greater amount is allowed by law, or imprisoned not more than one year, or both.
Haw. Rev. Stat. § 480-6 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-6
Refusal to deal.
Status: in_force

No person shall refuse to sell any commodity to, or to buy any commodity from, any other person or persons, when the refusal is for the purpose of compelling or inducing the other person or persons to agree to or engage in acts which, if acceded to, are prohibited by other sections of this chapter.
Haw. Rev. Stat. § 482P-7 — HI Code / Division 2 / Title 26 / Chapter 482P / Section 482P-7
Exemptions from use restrictions; when chapter does not apply.
Status: in_force

(a) For purposes of section 482P-5, the use of a name, voice, signature, or likeness in connection with matters of cultural, historical, political, religious, educational, newsworthy, or public interest, including without limitation, comment, criticism, satire, and parody relating thereto, shall not constitute a use for which consent is required under this chapter. A matter exempt from the requirement of advance consent under this subsection does not cease to be exempt if it appears in the form of a paid advertisement and the principal purpose of the advertisement is to comment on the matter.

(b) This chapter shall not apply to the use or authorization for use of an individual's or personality's name, voice, signature, or likeness, in, or to display, any of the following:

(1) Single and original works of fine art, including but not limited to photographic, graphic, and sculptural works of art that are not published in more than five copies;

(2) A literary work, theatrical work, musical composition, sound recording, radio program, motion picture, television program or other audiovisual work, magazine article, news story, public affairs report, or sports broadcast or account, or materials related to a political campaign, when the use does not inaccurately claim or state an endorsement by the individual or personality;

(3) An advertisement or commercial announcement for a use permitted by subsection (a) or (g) or paragraph (1) or (2);

(4) An advertisement, commercial announcement, or packaging for the sale, distribution, broadcast, performance, or display of a literary, musical, cinematographic, or other artistic work, or the recording or copy thereof, using the name, voice, signature, or likeness of the writer, author, composer, director, actor, or artist who created the work, where the individual or personality has expressly or impliedly consented to the use of the individual's or personality's name, voice, signature, or likeness on or in connection with the initial or any subsequent sale, distribution, performance, or display thereof; and

(5) The advertisement or sale of a rare or fine product, including but not limited to books, which incorporates an original signature of the author.

(c) It shall not constitute a defense to an infringement action under this chapter that the use of an individual's or personality's name, voice, signature, or likeness includes more than one individual or personality.

(d) Section 482P-5 shall not apply to the owners or employees of any medium used for advertising, including but not limited to newspapers, magazines, radio and television stations, online service providers, billboards or other devices, who, without prior notice that the use would constitute an infringement under this chapter, have published or disseminated any advertisement or solicitation that would constitute an infringement under this chapter, unless the infringement was part of an advertisement or solicitation promoting the services of the advertising medium itself.

(e) This chapter shall not apply to a use or authorization for use of an individual's or personality's name that is merely descriptive and used fairly and in good faith only to identify or describe something other than the individual or personality, such as, without limitation, to describe or identify a place, a legacy, a style, a theory, an ownership interest, or a party to a transaction, or to accurately describe the goods or services of a party.

(f) This chapter shall not apply to the use of an individual's or personality's name, voice, signature, or likeness when the use of the individual's or personality's name, voice, signature, or likeness is an insignificant, de minimis, or incidental use.

(g) This chapter shall not apply to the distribution, promotion, transfer, or license of a photograph or other material containing an individual's or personality's name, voice, signature, photograph, or likeness to a third party for use in a manner which is lawful under this chapter, or to a third party for further distribution, promotion, transfer, or license for use in a manner which is lawful under this chapter. [L Sp 2009, c 28, pt of §2]
Haw. Rev. Stat. § 489P-3.5 — HI Code / Division 2 / Title 26 / Chapter 489P / Section 489P-3.5
Security freeze for protected consumers ; removal of security freezes; fees; applicability and scope.
Status: in_force

(a) A consumer credit reporting agency shall place a security freeze on a protected consumer's credit report or records if:

(1) The consumer credit reporting agency receives a request from the protected consumer's representative for the placement of the security freeze under this section; and

(2) The protected consumer's representative:

(A) Submits the request to the consumer credit reporting agency at the address or other point of contact specified by the consumer credit reporting agency;

(B) Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the protected consumer's representative; and

(C) Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer.

(b) If a consumer credit reporting agency does not have a credit file pertaining to the protected consumer when the consumer credit reporting agency receives a request pursuant to this section, the consumer credit reporting agency shall create a record for the protected consumer.

(c) Within thirty days after receiving a request that meets the requirements of this section, a consumer credit reporting agency shall place a security freeze for the protected consumer.

(d) Unless a security freeze for a protected consumer is removed in accordance with this section, a consumer credit reporting agency may not release the protected consumer's credit report, any information derived from the protected consumer's credit report, or any record created for the protected consumer.

(e) A security freeze for a protected consumer placed under subsection (a) shall remain in effect until the security freeze is removed in accordance with subsection (f) or (i).

(f) If a protected consumer or a protected consumer's representative wishes to remove a security freeze for the protected consumer, the protected consumer or the protected consumer's representative shall:

(1) Submit a request for the removal of the security freeze to the consumer credit reporting agency at the address or other point of contact specified by the consumer credit reporting agency; and

(2) Provide to the consumer credit reporting agency:

(A) In the case of a request by the protected consumer:

(i) Proof that the sufficient proof of authority for the protected consumer's representative to act on behalf of the protected consumer is no longer valid; and

(ii) Sufficient proof of identification of the protected consumer; or

(B) In the case of a request by the representative of a protected consumer:

(i) Sufficient proof of identification of the protected consumer and the representative; and

(ii) Sufficient proof of authority to act on behalf of the protected consumer.

(g) Within thirty business days after receiving a request that meets the requirements of subsection (f), the consumer credit reporting agency shall remove the security freeze for the protected consumer.

(h) A consumer credit reporting agency shall not charge a fee for placing or removing a security freeze on a credit report or records for a protected consumer.

(i) A consumer credit reporting agency may remove a security freeze for a protected consumer or delete a record of a protected consumer if the security freeze was placed or the record was created based on a material misrepresentation of fact by the protected consumer or the protected consumer's representative.

(j) This section shall not apply to:

(1) A person administering a credit file monitoring subscription service to which:

(A) The protected consumer has subscribed; or

(B) The representative of the protected consumer has subscribed on behalf of the protected consumer;

(2) A person providing the protected consumer or the protected consumer's representative with a copy of the protected consumer's credit report or records at the request of the protected consumer or the protected consumer's representative;

(3) An entity or purpose listed in section 489P-3(l)(8), (9), or (10) or section 489P-5; or

(4) A consumer reporting agency database or file that consists entirely of consumer information concerning, and used solely for:

(A) Criminal record information;

(B) Personal loss history information;

(C) Fraud prevention or detection;

(D) Employment screening; or

(E) Tenant screening.

(k) A person who violates this section shall be subject to the penalties set forth in section 489P-6.

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

"Protected consumer" means an individual who is:

(1) Under the age of sixteen at the time a request for the placement of a security freeze is made; or

(2) Incapacitated or for whom a court or other authority has appointed a guardian or conservator.

"Record" means a compilation of information that:

(1) Identifies a protected consumer;

(2) Is created by a consumer credit reporting agency solely for the purpose of complying with this section; and

(3) May not be created or used to consider the protected consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living for any purposes listed in title 15 United States Code section 1681b.

"Representative" means a person who provides to a consumer credit reporting agency sufficient proof of authority to act on behalf of a protected consumer.

"Security freeze" means:

(1) If a consumer credit reporting agency does not have a file pertaining to a protected consumer, a restriction that:

(A) Is placed on the protected consumer's record in accordance with this section; and

(B) Prohibits the consumer credit reporting agency from releasing the protected consumer's record, except as provided in this section; or

(2) If a consumer credit reporting agency has a file pertaining to the protected consumer, a restriction that:

(A) Is placed on the protected consumer's credit report in accordance with this section; and

(B) Prohibits the consumer credit reporting agency from releasing the protected consumer's credit report or any information derived from the protected consumer's credit report, except as provided in this section.

"Sufficient proof of authority" means clear and proper information regarding the representative's authority to act on the protected consumer's behalf including but not limited to:

(1) A court order that identifies or describes the relationship between the representative and the protected consumer;

(2) A duly executed power of attorney that permits the representative to act on the protected consumer's behalf; or

(3) A notarized affidavit of the representative, stating the relationship between the representative and the protected consumer and the representative's authority to act on the protected consumer's behalf.

"Sufficient proof of identification" means information or documentation that identifies a protected consumer or a representative of a protected consumer, including any one of the following:

(1) A social security number or a copy of a social security card issued by the Social Security Administration;

(2) A certified or official copy of a birth certificate issued by the entity authorized to issue the birth certificate;

(3) A copy of a driver's license, a civil identification card issued by the examiner of drivers, or any other government-issued identification; or

(4) A copy of a bill, including a bill for telephone, sewer, septic tank, water, electric, oil, or natural gas services, that shows a name and home address. [L 2017, c 92, §2; am L 2018, c 22, §5]
Haw. Rev. Stat. § 476-26 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-26
Removal; member of armed forces.
Status: in_force

Notwithstanding the provisions of section 476-25, a member of the armed forces of the United States on active duty who is a buyer of a motor vehicle under a contract, without the consent of the seller, may remove the motor vehicle from the island in which the motor vehicle was first kept for use by the buyer after sale if the buyer was a member of the armed forces of the United States on active duty at the time of execution of the contract and if such buyer has been reassigned to a different county, state, or country by competent government orders, unless the seller and buyer execute an agreement, separate and apart from the contract in respect of which it applies, stating that the motor vehicle may not be removed or stating the terms and conditions under which it may be removed. Notwithstanding the provisions of section 286-57, a member of the armed forces of the United States under contract with an out-of-state dealer or financial institution identified as the lien holder of record on a vehicle registration or vehicle title may remove said vehicle from the State without the consent of the seller.
Haw. Rev. Stat. § 476-11 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-11
Catalog mail order sales.
Status: in_force

Credit sales negotiated and entered into by mail without personal solicitation by a salesperson or other representative of the seller, and if seller's cash price and other terms are clearly set forth in a catalog, or other printed solicitation of business, which is generally available to the public, may be made as provided in this section. This chapter shall apply to such sales except that the seller shall not be required to deliver a copy of the contract to the buyer as provided in section 476-7, and if, when the proposed credit sale contract is received by the seller from the buyer, there are blank spaces to be filled in, the seller may insert in the appropriate blank spaces the amounts of money and other terms which are set forth in the seller's catalog which is then in effect; and in lieu of the copy of the contract provided for in section 476-7, the seller shall, within fifteen days from date of shipment of goods, furnish to the buyer a written statement of the items, inserted in such blank spaces.
Haw. Rev. Stat. § 481M-13 — HI Code / Division 2 / Title 26 / Chapter 481M / Section 481M-13
Disclosure of information.
Status: in_force

(a) The lessor shall disclose to the lessee the information required by this chapter. In a transaction involving more than one lessor, only one lessor need make the disclosures, but all lessors shall be bound by these disclosures. The disclosures shall be made before consummation of the lease-purchase agreement.

(b) The disclosures shall be made clearly and conspicuously in writing and in not less than ten-point standard type. A copy of the disclosures shall be included with the lease-purchase agreement provided to the lessee. All disclosures required by this chapter shall be printed or typed in a color or shade that clearly contrasts with the background. The disclosures required under section 481M-14 shall be made on the face of the lease-purchase agreement above the line for the lessee's signature. Before any payment is due, the lessor shall furnish the lessee with an exact copy of the lease-purchase agreement, which shall be signed by the lessee and which shall evidence the lessee's agreement.

(c) If a disclosure becomes inaccurate as the result of any act, occurrence, or agreement by the lessee after delivery of the required disclosures, the resulting inaccuracy shall not be a violation of this chapter. [L 1997, c 248, pt of §1; am L 2008, c 19, §33]
Haw. Rev. Stat. § 487-5 — HI Code / Division 2 / Title 26 / Chapter 487 / Section 487-5
General functions, powers, and duties.
Status: in_force

The director of the office of consumer protection is designated the consumer counsel for the State and shall represent and protect the State, the respective counties, and the general public as consumers. The director of the office of consumer protection shall have the following functions, powers, and duties:

(1) Coordinate the consumer protection activities of all departments, divisions, and branches of state government, and of branches of the county government concerned with consumer protection;

(2) Assist, advise, and cooperate with federal, state, and local agencies and officials to protect and promote the interests of the consumer public;

(3) Conduct investigations, research, studies, and analysis of matters and take appropriate action affecting the interests of consumers;

(4) Study the operation of laws affecting consumers and recommend to the governor and the legislature, new laws and amendments of laws in the consumers' interest;

(5) Adopt, amend, or repeal rules pursuant to chapter 91 necessary for the purposes of this chapter, including rules which define with specificity acts or practices which are unfair or deceptive acts or practices in the conduct of any trade or commerce;

(6) Investigate reported or suspected violations of laws enacted and rules adopted for the purpose of consumer protection and shall enforce such laws and rules by bringing civil actions or proceedings;

(7) Organize and hold conferences on problems affecting consumers; and undertake activities to encourage business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, promotion, and sale of consumer goods and services;

(8) Provide a central clearinghouse of information by collecting and compiling all consumer complaints and inquiries and making the collections and compilations available to the general public; provided that consumer complaints may not be made available to the general public if the office of consumer protection is conducting an investigation or review of the complaints, or if the complaints are being used in connection with civil actions or proceedings initiated by the office of consumer protection, or if the complaints have been referred to another state agency;

(9) Appear before governmental commissions, departments, and agencies to represent and be heard on behalf of consumers' interest;

(10) Contract with other county, state, or federal governmental agencies, with nonprofit social services societies, or with private nonprofit trade, professional, or business organizations for the performance of any of the functions of the office not involving the enforcement of rules for the purpose of consumer protection under this section, within the budget limitations for any period not exceeding a budget year, provided that the purposes and policies of this chapter are in no way diluted, abridged, misdirected, or destroyed; and

(11) Perform such other acts as may be incidental to the exercise of the functions, powers, and duties set forth in this section, including but not limited to, compensation of witnesses in such amounts and for such purposes as shall be prescribed by rules. [L 1969, c 175, §5; am L 1974, c 127, §1; am L 1975, c 57, §1 and c 149, §1; am L 1980, c 191, §2; am L 1985, c 64, §1; am L 1988, c 60, §5; am L 1989, c 77, §13; am L 1990, c 316, §10; am L 1991, c 3, §4 and c 105, §1]
Haw. Rev. Stat. § 487-12 — HI Code / Division 2 / Title 26 / Chapter 487 / Section 487-12
Assurance of voluntary compliance.
Status: in_force

In lieu of instituting or continuing an investigation or action pursuant to section 487-5(6), the director may accept written assurance of voluntary compliance from the person or persons suspected of violation. The director will obtain the agreement of the affected consumers where possible. In no event shall the fact that a person who enters into an assurance of voluntary compliance be considered an admission of violation, nor shall such written assurance constitute prima facie evidence of any violation. The assurance may include a stipulation for reimbursement to some or all consumers who have been damaged by an alleged unlawful act or practice and payment of costs of investigation. All assurances of voluntary compliance may be made a matter of public record. A consumer need not accept restitution pursuant to the stipulation, but the consumer's stipulated agreement to the assurance or the consumer's acceptance and full performance of restitution shall bar recovery of any other damages in any action on account of the same acts or practices by the consumer against the person or persons making restitution.

Revision Note

Section "487-5(6)" substituted for "487-5(5)".
Haw. Rev. Stat. § 481-22 — HI Code / Division 2 / Title 26 / Chapter 481 / Section 481-22
Unauthorized use of certain trade names prohibited.
Status: in_force

No person shall use any trade name which includes the word "Army", "Navy", "Marine", "Coast Guard", "Government", "G.I.", or any other term which denotes an agency or department of the government of the United States, without being lawfully authorized so to do by the government of the United States or an agency or agencies thereof.
Haw. Rev. Stat. § 482B-3 — HI Code / Division 2 / Title 26 / Chapter 482B / Section 482B-3
Injunctive relief.
Status: in_force

(a) Actual or threatened misappropriation may be enjoined. Upon application to a circuit court of the State, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.

(b) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable. The alleged wrongful user shall bear the burden of proof of exceptional circumstances.

(c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order. [L 1989, c 221, pt of §1]
Haw. Rev. Stat. § 485A-306 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-306
Waiver and modification.
Status: in_force

The commissioner, in the commissioner's sole discretion, may waive or modify, in whole or in part, any or all of the requirements of sections 485A-302 and 485A-303(b) or the requirement of any information or record in a registration statement or in a periodic report filed pursuant to section 485A-304(i).
Haw. Rev. Stat. § 476-16 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-16
Waiver of illegal act; collection.
Status: in_force

No provision in a credit sale contract by which the buyer waives any of the requirements of this chapter or any right of action against the seller or holder of the contract, or other person acting on the seller's or holder's behalf, for any illegal act committed in the collection of payments under the contract or in the repossession of the goods shall be enforceable.
Haw. Rev. Stat. § 476-22 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-22
Cancellation of contract.
Status: in_force

After the payment of all sums for which the buyer is obligated under a credit sale contract, the holder of the contract shall mail to the buyer at the buyer's last known address, good and sufficient instruments to indicate payment in full and to release all security for the contract, and canceled negotiable instruments, if any, evidencing the indebtedness.
Haw. Rev. Stat. § 486M-5 — HI Code / Division 2 / Title 26 / Chapter 486M / Section 486M-5
Inspections.
Status: in_force

The chief of police of each county or the chief of police's authorized representative may immediately inspect, during normal business hours or whenever the dealer or the dealer's agents or employees are otherwise present, any records required by this chapter and any articles described in those records that the police reasonably believe are stolen goods.
Haw. Rev. Stat. § 477E-5 — HI Code / Division 2 / Title 26 / Chapter 477E / Section 477E-5
Unfair or deceptive act or practice.
Status: in_force

Any creditor who violates or attempts to violate any provision of this chapter shall be deemed to have engaged in an unfair or deceptive act or practice in the conduct of trade or commerce within the meaning of section 480-2.
Haw. Rev. Stat. § 481R-4 — HI Code / Division 2 / Title 26 / Chapter 481R / Section 481R-4
Registration requirements; exemptions.
Status: in_force

(a) Before conducting business in this State or issuing any warranty, a warrantor shall register with the commissioner, on a form prescribed by the commissioner, and shall pay to the commissioner a fee as provided under section 431:7-101. A person who sells or solicits a vehicle protection product, but who is not a warrantor, shall not be required to register with the commissioner as a warrantor.

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

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

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

(3) The identities of the warrantor's executive officer or officers directly responsible for the warrantor's vehicle protection product business;

(4) The name, address, and telephone number of any administrators designated by the warrantor to be responsible for the administration of vehicle protection product warranties in this State; and

(5) A statement that the warrantor is in compliance with the financial security requirements of section 481R-5 and that details how the warrantor intends to meet the requirements, and proof of compliance with the requirements.

(c) The marketing, selling, offering for sale, issuing, making, proposing to make, and administering of vehicle protection products shall be exempt from:

(1) Chapter 481X; and

(2) The insurance laws of this State.

(d) The following contracts and agreements shall be exempt from this chapter and shall only be subject to other statutes and laws that specifically apply to them:

(1) Warranties or guarantees, other than those provided as part of a vehicle protection product; and

(2) Service contracts regulated by chapter 481X.

(e) A seller shall not be deemed to be a warrantor unless, in addition to acting as a seller, the person is named under the terms of a vehicle protection product warranty as the contractual obligor to the consumer. [L 2002, c 237, pt of §1; am L 2008, c 19, §41; am L 2019, c 16, §1]
Haw. Rev. Stat. § 486M-1 — HI Code / Division 2 / Title 26 / Chapter 486M / Section 486M-1
Definitions.
Status: in_force

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

"Article" means any previously owned good or chattel, including, but not limited to, precious or semiprecious metals or precious or semiprecious gems.

"Automated recycling kiosk" means an interactive device that is installed within a secure retail space and performs the following technological functions:

(1) Only accepts for recycling previously owned handheld electronic cellular phone devices;

(2) Verifies a seller's identity through a combination of technology within the kiosk and remote examination of a government-issued identification by a live representative during each transaction;

(3) Securely stores devices accepted by the kiosk;

(4) Records images of the seller and the devices accepted during the transaction;

(5) Possesses computerized record-keeping and transmittal capabilities;

(6) Electronically transmits transaction records to law enforcement within twenty-four hours from when the device was received; and

(7) Can be remotely opened upon request by law enforcement during normal business hours.

"Dealer" means any person, firm, partnership, corporation, or other entity who engages in a business which includes the buying of previously owned [articles,] and includes any pawnbroker or secondhand dealer.

"Government issued identification" means:

(1) A passport issued by the United States of America;

(2) A [driver's] license issued pursuant to any state or District of Columbia law;

(3) An identification card issued by any state or local government or the Bureau of Indian Affairs; or

(4) An identification card issued by any branch of the Armed Forces of the United States of America.

"Pawnbroker" means any person, firm, partnership, corporation, or other entity who advances for interest or for or in expectation of profit, gain, or reward any sum of money upon security of any goods or chattels taken by such person by way of pawn or pledge, and includes any person subject to part V of chapter 445.

"Precious or semiprecious gem" means any of the less common and more valuable stones and pearls, including but not limited to amethyst, diamond, emerald, jade, opal, ruby, sapphire, topaz, turquoise, and zircon, whether natural or synthetic, cut or polished.

"Precious or semiprecious metal" means any of the less common and more valuable metals, including but not limited to gold, silver, platinum, and alloys thereof, without regard to their fineness, but excludes bullion and bullion type coins and bars.

"Secondhand dealer" means any person who trades in secondhand or previously owned articles, including the operation of an automated recycling kiosk, and includes any person subject to part VII of chapter 445. [L 1982, c 282, pt of §2; am L 1991, c 120, pt of §1; am L 1993, c 79, §1; am L 2000, c 92, §1; am L 2021, c 79, §1]
Haw. Rev. Stat. § 481J-4 — HI Code / Division 2 / Title 26 / Chapter 481J / Section 481J-4
Disclosure of damages or defects in used motor vehicles.
Status: in_force

(a) No dealer may offer for sale any used motor vehicle without first providing:

(1) Written notice to the prospective consumer of any material mechanical defect in the motor vehicle and any damage sustained by the motor vehicle due to fire, water, collision, or other causes for which the cost of repairs exceeds $1,000 for parts and labor, when the defect or damage is known to the dealer; and

(2) Written notice to the prospective consumer whether the dealer has conducted any inspection of the motor vehicle to determine known defects or damage.

(b) If a dealer promises that any repairs will be made or any conditions corrected in connection with the purchase of a used motor vehicle, such promises shall be provided in writing and either attached or incorporated into the sales contract.

(c) For purposes of this section:

"Known" means that a dealer or the dealer's agent or employee has obtained facts or information about the condition of a motor vehicle which would lead a reasonable person in similar circumstances to believe that the motor vehicle contained one or more material mechanical defects. The term "known" encompasses knowledge obtained through an inspection, from a previous owner, from the salesperson at an auction or another dealer, or through other means.

"Material mechanical defect" means any defect or malfunction which renders the motor vehicle mechanically unsound or inoperable. [L 1994, c 224, pt of §1]
Haw. Rev. Stat. § 484-1 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-1
Definitions.
Status: in_force

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

"Commissioner of securities" means the commissioner of securities as defined in section 485A-102.

"Common promotional plan" means a plan, undertaken by a single developer or group of developers acting in concert, to offer subdivided land for sale or lease; provided that where such land is offered for sale by the developer or group of developers acting in concert, and the land is contiguous or is known, designated, or advertised as a common unit or by a common name, the land shall be presumed, without regard to the number of lots covered by each individual offering, as being offered for sale or lease as part of a common promotional plan.

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

"Disposition" includes sale, lease, assignment, award by lottery, or any other transaction concerning a subdivision, if undertaken for gain or profit.

"Material change" means any change which either renders the information contained in the application or public offering statement misleading or which substantively affects the rights or obligations of a purchaser or a prospective purchaser of a subdivision lot, such as, but not limited to, change in the nature or usage of the subdivision, or change in the underlying encumbrances or restrictive covenants.

"Offer" includes every inducement, solicitation, or attempt to encourage a person to acquire an interest in land, if undertaken for gain or profit.

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

"Public offering statement" means a statement that fully and accurately discloses the physical characteristics of the subdivided lands offered and all unusual or material circumstances or features affecting the subdivided lands. The statement shall include the information and statements required by section 484-6, and any other information or statements required by rules adopted by the director pursuant to chapter 91.

"Purchaser" means a person who acquires or attempts to acquire or succeeds to an interest in land.

"Subdivider" means any owner of subdivided land who offers the land for disposition or the principal agent of an owner, who has been duly authorized in a writing filed with the director.

"Subdivision" and "subdivided lands" means any land which is divided or is proposed to be divided for the purpose of disposition into two or more lots, parcels, units, or interests and also includes any land whether contiguous or not if two or more lots, parcels, units, or interests are offered as a part of a common promotional plan of advertising and sale. [L 1967, c 223, §1; HRS §484-1; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985; am L 1992, c 132, §1; am L 2008, c 19, §49]
Haw. Rev. Stat. § 486K-5.5 — HI Code / Division 2 / Title 26 / Chapter 486K / Section 486K-5.5
Hotelkeeper's liability limited for certain beach and ocean activities.
Status: in_force

In a claim alleging injury or loss on account of a hazardous condition on a beach or in the ocean, a hotelkeeper shall be liable to a hotel guest for damages for personal injury, death, property damage, or other loss resulting from the hotel guest going onto the beach or into the ocean for a recreational purpose, including wading, swimming, surfing, body surfing, boogie boarding, diving, or snorkeling, only when such loss or injury is caused by the hotelkeeper's failure to warn against a hazardous condition on a beach or in the ocean, known, or which should have been known to a reasonably prudent hotelkeeper, and when the hazardous condition is not known to the guest or would not have been known to a reasonably prudent guest. A hotelkeeper owes no duty and shall have no liability for conditions which were not created by the hotel to a person who is not a guest of the hotel for injury or damage resulting from any beach or ocean activity.

As used in this section, "beach" means the beach fronting the hotel, and "hotel guest" means a guest of that particular hotel and other persons occupying the assigned rooms. [L 1994, c 90, §2]
Haw. Rev. Stat. § 488-8 — HI Code / Division 2 / Title 26 / Chapter 488 / Section 488-8
[ §488-8] Access to records.
Status: in_force

[ §488-8] Access to records. (a) Every plan and its owners, operators, officers, employees, and representatives shall:

(1) Be subject to investigation or examination by the commissioner;

(2) Produce and make freely accessible to the commissioner all accounts, records, documents, and files in the person's possession or control relating to the subject of the investigation or examination; and

(3) Cooperate with any investigation or examination by the commissioner.

(b) If the commissioner finds the accounts or records of a plan, or of its owners, operators, officers, employees, or representatives, to be inadequate, improperly kept, or improperly posted, and if the plan has failed to correct the accounts or records after the commissioner has given the plan written notice and a reasonable opportunity to do so, the commissioner may employ experts to rewrite, post, or balance the accounts at the expense of the plan being examined.

(c) A plan administrator shall provide a written response within seven days to any written inquiry made by the commissioner. The response shall be more than an acknowledgment that the commissioner's communication was received and shall adequately address the concerns stated in the communication. [L 2011, c 186, pt of §1]
Haw. Rev. Stat. § 482-52 — HI Code / Division 2 / Title 26 / Chapter 482 / Section 482-52
Liability for fraudulent registration.
Status: in_force

Any person who knowingly makes a false or fraudulent representation or declaration in registration documents filed with the director shall be liable for all damages sustained as a result of the registration documents as determined by a court of competent jurisdiction.
Haw. Rev. Stat. § 485A-506 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-506
Misrepresentations concerning registration or exemption.
Status: in_force

(a) The filing of an application for registration, a registration statement, a notice filing under this chapter, the registration of a person, the notice filing by a person, or the registration of a security under this chapter shall not constitute a finding by the commissioner that the record filed under this chapter is true, complete, and not misleading.

(b) The filing or registration or the availability of an exemption, exception, preemption, or exclusion for a security or a transaction does not mean that the commissioner has passed upon the merits or qualifications of, or recommended or given approval to, a person, security, or transaction.

(c) It shall be unlawful to make, or cause to be made, to a purchaser, customer, client, or prospective customer or client, a representation that is inconsistent with this section. [L 2006, c 229, pt of §1]
Haw. Rev. Stat. § 486-109 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-109
Duties of owners or custodians of measuring apparatus.
Status: in_force

Measures and measurement standards shall be subject to the control of the department, through the measurement standards branch, until such time as they receive a certificate of conformance. Measures or measurement standards that have been initially type evaluated and approved, and subsequently found to be incorrect as defined in this chapter shall remain subject to the control of the department, through the measurement standards branch, until such time as suitable repairs shall have been made, and the measure or measurement standard is found to be correct as defined in this chapter, or such devices may be destroyed. The owners of the unapproved or rejected measures or measurement standards shall cause the same to be type evaluated and approved or made correct within thirty days or such longer period as may be authorized by the department, through the measurement standards branch; or, in lieu of this, may dispose of the same, but only in such manner as is specifically authorized by the department, through the measurement standards branch. Measures and measurement standards subject to this chapter that have not been type evaluated and approved or that have been rejected shall not be used until they have been officially type evaluated and approved or reexamined and found to be correct or until specific written permission for such use is issued by the department, through the measurement standards branch, or until the rejection tag has been removed by the department, through the measurement standards branch, and the rejected device or apparatus repaired or corrected and placed in service by a person duly registered to perform the acts under rules adopted by the board pursuant to section 486-7.
Haw. Rev. Stat. § 481R-7 — HI Code / Division 2 / Title 26 / Chapter 481R / Section 481R-7
General warrantor operation requirements.
Status: in_force

(a) A warrantor may appoint a designee to be responsible for any or all of the administration of vehicle protection products and for compliance with this chapter. The designee shall be liable to the extent the warrantor would be liable for violations of this chapter committed by the designee.

(b) A vehicle protection product may not be issued, sold, or offered for sale in this State unless at the time of purchase the warrantor provides to the consumer:

(1) A copy of the vehicle protection product warranty; or

(2) A receipt for, or other written evidence of, the purchase of the vehicle protection product.

(c) A warrantor who complies with subsection (b)(2), within thirty days after the date of purchase, shall provide to the consumer a copy of the vehicle protection product warranty.

(d) A warrantor shall indemnify a seller who pays or is obligated to pay a consumer any money the warrantor is obligated to pay under the terms of the vehicle protection product warranty, including damages, reasonable attorney's fees, and costs. [L 2002, c 237, pt of §1]
Haw. Rev. Stat. § 481-26 — HI Code / Division 2 / Title 26 / Chapter 481 / Section 481-26
Penalty.
Status: in_force

Any person who sells goods in violation of this part shall be fined not more than $50, and each such sale shall constitute a separate offense.
Haw. Rev. Stat. § 481D-4 — HI Code / Division 2 / Title 26 / Chapter 481D / Section 481D-4
Time limit.
Status: in_force

No person shall advertise merchandise for sale as a going out of business sale for a period in excess of sixty days nor advertise more than one going out of business sale in three hundred sixty days. The three hundred sixty-day period shall commence on the first day of the sale.
Haw. Rev. Stat. § 482E-3 — HI Code / Division 2 / Title 26 / Chapter 482E / Section 482E-3
Offering circular.
Status: in_force

(a) It is unlawful for any person to sell a franchise in this State unless such person has presented to the prospective franchisee or the franchisee's representative, at least seven days prior to the sale of the franchise, an offering circular containing the following information:

(1) The name of the franchisor, the name under which the franchisor is doing or intends to do business, and the name of any parent or affiliated company that will engage in business transactions with franchisees;

(2) The franchisor's principal business address and the name and address of the franchisor's agent in the State authorized to receive service of process;

(3) The business form of the franchisor whether corporate, partnership, or otherwise;

(4) Such other information concerning the identity and business experience of persons affiliated with the franchisor including franchise brokers and selling agents as the director may by rule prescribe;

(5) A statement whether any person identified in the offering circular, within ten years preceding the date of the offering circular:

(A) Has been found guilty of a felony or held liable in a civil action by final judgment if the civil action involved fraud, embezzlement, fraudulent conversion, or misappropriation of property; or

(B) Is subject to any currently effective order of the Securities and Exchange Commission or the securities administrator of any state denying registration to or revoking or suspending the registration of such person as a securities broker or dealer or investment adviser or is subject to any currently effective order of any national security association or national securities exchange (as defined in the Securities Exchange Act of 1934) suspending or expelling such person from membership in such association or exchange; or

(C) Is subject to any currently effective order or ruling of the Federal Trade Commission or is subject to any currently effective order relating to the business activity as a result of an action brought by any public agency or department.

Such statement shall set forth the court, the date of conviction or judgment, any penalty imposed or damages assessed, or the date, nature, and issue of such order;

(6) A statement of when, where, and how long the franchisor has:

(A) Conducted a business of the type to be operated by the franchisees;

(B) Has granted franchises for such business; and

(C) Has granted franchises in other lines of business;

(7) A recent financial statement of the franchisor, together with a statement of any material changes in the financial condition of the franchisor from the date of the financial statement. The director may prescribe:

(A) The form and content of the financial statements required under this chapter;

(B) The circumstances under which consolidated financial statements may be filed; and

(C) The circumstances under which financial statements shall be audited by independent, certified public accountants;

(8) A copy of the typical franchise contract or agreement proposed for use in this State;

(9) A statement of the franchise fee charged, the proposed application of the proceeds of the fee by the franchisor, and the formula by which the amount of the fee is determined if the fee is not the same in all cases;

(10) A statement describing a payment of fees other than franchise fees that the franchisee or subfranchisor is required to pay to the franchisor including royalties and payments or fees that the franchisor collects in whole or in part on behalf of a third party or parties;

(11) A statement of the conditions under which the franchise agreement may be terminated or renewed or renewal refused, or repurchased at the option of the franchisor;

(12) A statement of the conditions under which the franchise may be sold, transferred, or assigned;

(13) A statement of the conditions imposed by the franchisor whether by the terms of the franchise agreement or by other device or practice whereby the franchisee or subfranchisor is required to purchase services, supplies, products, fixtures, or other goods relating to the establishment or operation of the franchise business from the franchisor or the franchisor's designee;

(14) A statement of any restriction or condition imposed by the franchisor whether by the terms of the franchise agreement or by other device or practice whereby the franchisee is limited or required in the goods and services offered by the franchisee;

(15) A statement of the terms and conditions of any financing arrangements when offered directly or indirectly by the franchisor or the franchisor's agent or affiliate;

(16) A statement of any intent of the franchisor to sell, assign, or discount to a third party any note, contract, or other obligation of the franchisee in whole or in part;

(17) A copy of any financial statement prepared for presentation to prospective franchisees or other persons together with a statement setting forth the basis for such statements;

(18) A statement of the number of franchise businesses in each of the following categories that within the three-year period preceding the date of the offering circular have:

(A) Been canceled or terminated by either the franchisor or franchisee;

(B) Not been renewed by either the franchisor or franchisee;

(C) Been reacquired through purchase by the franchisor;

(D) Been otherwise reacquired by the franchisor; and

(E) Been transferred or sold by the franchisee to persons other than a corporation or other business entity controlled by the transferring or selling franchisee;

(19) A statement describing the training program, supervision, and assistance the franchisor has and will provide the franchisee;

(20) A statement as to whether franchisees or subfranchisors receive an exclusive area or territory;

(21) A statement of any compensation or other benefit given or promised to a public figure arising, in whole or in part, from:

(A) The use of the public figure in the name or symbol of the franchise; or

(B) The endorsement or recommendation of the franchise by the public figure in advertisements;

(22) Such other information as the director may reasonably require;

(23) Such other information as the franchisor may wish to present;

(24) When the person selling the franchise is a subfranchisor, the offering circular shall also include the same information concerning the subfranchisor as is required from the franchisor pursuant to this subsection; and

(25) List of names and addresses of all franchisees of the franchisor whose franchise businesses are situated in this State.

(b) If any material change occurs in the information contained in the offering circular, the offering circular shall be amended by the franchisor or subfranchisor before further sales of the franchise are made in this State and the amended offering circular shall be presented to a prospective franchisee at least seven days before a sale of a franchise is made to the prospective franchisee. The director may define by rule material changes which require amendment of an offering circular.

(c) There shall be filed with the director a copy of the offering circular required under subsection (a) or the amended offering circular required under subsection (b) at least seven days prior to the sale of a franchise.

(d) Every filing under this section shall expire three months after the end of each franchisor's fiscal year. Applications for renewals shall be made not more than sixty days before the expiration date. An application for renewal shall be accompanied by the most recently amended offering circular required under subsection (b). Any applicant for renewal of a franchise filing who submits the renewal application after the expiration date shall be required to reapply as a new franchisor.

(e) In lieu of an offering circular meeting the requirements set forth in this section, franchises may be sold in this State by means of an offering circular or disclosure statement required by a federal or government agency of another state, or an offering circular or disclosure statement meeting the requirements approved by an association of state regulatory agencies; provided that the director determines that such offering circular or disclosure statement substantially meets the disclosure requirements set forth in this section. [L 1974, c 18, pt of §1; am L 1978, c 242, §4; gen ch 1985; am L 1996, c 181, §8; am L 2002, c 130, §112; am L 2008, c 19, §47]
Haw. Rev. Stat. § 487N-7 — HI Code / Division 2 / Title 26 / Chapter 487N / Section 487N-7
Personal information system; government agencies; annual report.
Status: in_force

(a) Effective January 1, 2009, any government agency that maintains one or more personal information systems shall submit to the council an annual report on the existence and character of each personal information system added or eliminated since the agency's previous annual report. The annual report shall be submitted no later than September 30 of each year.

(b) The annual report shall include:

(1) The name or descriptive title of the personal information system and its location;

(2) The nature and purpose of the personal information system and the statutory or administrative authority for its establishment;

(3) The categories of individuals on whom personal information is maintained, including:

(A) The approximate number of all individuals on whom personal information is maintained; and

(B) The categories of personal information generally maintained in the system, including identification of records that are:

(i) Stored in computer accessible records; or

(ii) Maintained manually;

(4) All confidentiality requirements relating to:

(A) Personal information systems or parts thereof that are confidential pursuant to statute, rule, or contractual obligation; and

(B) Personal information systems maintained on an unrestricted basis;

(5) Detailed justification of the need for statutory or regulatory authority to maintain any personal information system or part thereof on a confidential basis for all personal information systems or parts thereof that are required by law or rule;

(6) The categories of sources of personal information;

(7) The agency's policies and practices regarding personal information storage, duration of retention of information, and elimination of information from the system;

(8) The uses made by the agency of personal information contained in any personal information system;

(9) The identity of agency personnel, by job classification, and other agencies, persons, or categories to whom disclosures of personal information are made or to whom access to the personal information system may be granted, including the purposes of access and any restrictions on disclosure, access, and redisclosure;

(10) A list identifying all forms used by the agency in the collection of personal information; and

(11) The name, title, business address, and telephone number of the individual immediately responsible for complying with this section.

(c) For purposes of this section:

"Personal information system" means any manual or automated recordkeeping process that contains personal information and the name, personal number, or other identifying particulars of a data subject.

(d) Notwithstanding any other law to the contrary, this report shall be confidential and not disclosed publicly in any form or forum. [L Sp 2008, c 10, pt of §4]
Haw. Rev. Stat. § 489D-6.2 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-6.2
[ §489D-6.
Status: in_force

[ §489D-6.2]Registration with NMLS. The commissioner may require all licensees to register with NMLS.
Haw. Rev. Stat. § 486-121 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-121
Misrepresentation of quantity.
Status: in_force

No person shall:

(1) Sell, offer, or expose for sale less than the quantity represented;

(2) Take any more than the quantity represented when the buyer furnishes the weight or measure by means of which the quantity is determined; or

(3) Represent the quantity in any manner calculated to mislead or in any way deceive another person. [L 1991, c 153, pt of §6; am L 1993, c 54, §12]
Haw. Rev. Stat. § 487-2 — HI Code / Division 2 / Title 26 / Chapter 487 / Section 487-2
Office of consumer protection; director.
Status: in_force

There is created within the department of commerce and consumer affairs an office of consumer protection. The director of commerce and consumer affairs shall be the director of the office of consumer protection and may appoint an executive director of the office of consumer protection. The executive director shall have been admitted to practice law before the supreme court of this State and shall be exempt from chapter 76.
Haw. Rev. Stat. § 476-21 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-21
Failure to comply; remedy of buyer; penalty.
Status: in_force

In case of failure of the seller or holder to comply with the requirements of sections 476-3, 476-5 to 476-9, 476-11, 476-13, 476-19, 476-20 (if the buyer does not exercise the right to cancel the contract), 476-22 to 476-24, and 476-28 the buyer has the right to recover from the seller or holder, as the case may be, an amount equal to the finance charge or ten per cent of the cash price if no finance charge is specified in the contract or supplementary statement, and the seller is barred from recovery of any finance charge, late, or collection charge or refinancing charge on the credit sale contract involved.

Notwithstanding this section, the failure to comply with any provisions of this chapter may be corrected by the seller at any time after the execution of the credit sale contract, and before the institution of an action under this chapter or the seller is notified thereof in writing by the buyer, and if so corrected, neither the seller nor the holder is subject to any penalty under this or any other section of this chapter.

A seller or assignee may not be held liable in any action brought under this section if the seller or assignee shows by a preponderance of evidence that the failure to comply was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

In any successful action under this section the buyer shall be entitled to the costs of the action, together with a reasonable attorney's fee as determined by court. [L 1961, c 102, pt of §1; Supp, §201A-18; HRS §476-19; am and ren L 1984, c 86, pt of §1]
Haw. Rev. Stat. § 482B-4 — HI Code / Division 2 / Title 26 / Chapter 482B / Section 482B-4
Damages.
Status: in_force

(a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.

(b) If wilful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a). [L 1989, c 221, pt of §1]
Haw. Rev. Stat. § 489M-2 — HI Code / Division 2 / Title 26 / Chapter 489M / Section 489M-2
[ §489M-2] International procurement rules, legislative action.
Status: in_force

[ §489M-2] International procurement rules, legislative action. (a) Any international trade agreement entered into by the President of the United States that contains provisions relating in any manner to procurement by the states shall not be valid as to those procurement provisions as it applies to this State, unless the legislature by a simple majority vote on a concurrent resolution approves of those procurement provisions. The legislature shall consider, among other things, the effect of an international trade agreement upon procurement preferences and upon the possibility of foreign governments ceasing to do business with the State.

(b) When the federal government notifies the State of an impending international trade agreement and seeks the State's approval when the legislature is not in session, the governor shall notify the president of the senate and the speaker of the house of representatives. The legislature may consider approval of the procurement provisions during a special session convened as provided in article III, section 10, of the Hawaii state constitution. The governor may not approve a trade agreement without legislative approval of its procurement provisions by a simple majority vote on a concurrent resolution. [L Sp 2007, c 1, pt of §2]
Haw. Rev. Stat. § 485A-104 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-104
References to federal agencies.
Status: in_force

A reference in this chapter to an agency or department of the United States is also a reference to a successor agency or department.
Haw. Rev. Stat. § 481F-7 — HI Code / Division 2 / Title 26 / Chapter 481F / Section 481F-7
Action for damages by purchasers.
Status: in_force

(a) For information required by section 481F-4, any seller of print multiples who fails to disclose such information or discloses false information shall be liable to the purchaser of the print in an amount equal to the purchase price of the print plus the interest accrued from the date of purchase at the rate provided for in section 478-3.

(b) For information required by section 481F-4, any seller of print multiples who intentionally fails to disclose or intentionally discloses false information shall be liable to the purchaser of the print in the amount of $1,000 or in an amount equal to three times the purchase price of the print, whichever is greater, plus the interest accrued from the date of purchase at the rate provided for in section 478-3.

(c) No action shall be maintained under this section unless the purchaser of the print tenders the print in the condition in which received by the purchaser to the seller for a refund and the seller fails to refund the full purchase price of the print plus the interest accrued from the date of purchase at the rate provided for in section 478-3. [L 1986, c 194, pt of §2]

Revision Note

Section "478-3" substituted for "478-2".
Haw. Rev. Stat. § 480F-6 — HI Code / Division 2 / Title 26 / Chapter 480F / Section 480F-6
Penalties.
Status: in_force

(a) Any person who violates this chapter shall be deemed to have engaged in an unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2(a). Aggrieved consumers may seek those remedies set forth in section 480-13(b).

(b) Any person who is not a consumer and is injured by a wilful violation of this chapter may bring an action for the recovery of damages, a proceeding to restrain and enjoin those violations, or both. If judgment is for the plaintiff, the plaintiff shall be awarded a sum not less than $1,000 or threefold damages, whichever sum is greater, and reasonable attorneys' fees together with the costs of suit.

(c) A wilful violation of this chapter shall be punishable by a fine of up to $500 and up to thirty days imprisonment. [L 1999, c 146, pt of §1; am L 2001, c 20, §1; am L 2008, c 19, §11; am L 2021, c 56, §9]
Haw. Rev. Stat. § 486J-7 — HI Code / Division 2 / Title 26 / Chapter 486J / Section 486J-7
Confidential information obtained by another state agency.
Status: in_force

Any confidential information pertinent to the responsibilities of the commission or the department specified in this chapter that is obtained by another state agency, including the department of taxation, the attorney general, and the consumer advocate, shall be available only to the attorney general, the attorney general's authorized representatives, the department of business, economic development, and tourism, the department of health, and the commission and shall be treated in a confidential manner.
Haw. Rev. Stat. § 481L-2 — HI Code / Division 2 / Title 26 / Chapter 481L / Section 481L-2
Disclosures.
Status: in_force

A retail lessor shall:

(1) Disclose in the lease agreement provided to the lessee, in a clear and conspicuous manner, any and all material terms, conditions, and limitations that apply to the lease agreement, including but not limited to the consumer lease disclosures required by the federal Truth in Lending Act and rules adopted under that Act;

(2) Disclose to the retail lessee in the lease agreement in a separate blocked section, in capital letters of at least ten-point bold type, as follows:

THIS IS A LEASE AGREEMENT. THIS IS NOT A PURCHASE AGREEMENT. PLEASE REVIEW THESE MATTERS CAREFULLY AND SEEK INDEPENDENT PROFESSIONAL ADVICE IF YOU HAVE ANY QUESTIONS CONCERNING THIS TRANSACTION. YOU ARE ENTITLED TO AN EXACT COPY OF THE AGREEMENT YOU SIGN. GET ALL PROMISES IN WRITING. ORAL PROMISES ARE DIFFICULT TO ENFORCE. IF YOU REQUEST IT, YOU CAN RECEIVE A COPY OF YOUR LESSOR'S LEASE CALCULATION WORKSHEET BEFORE YOU SIGN OR WITHIN SIX MONTHS AFTER SIGNING. YOU CAN ALSO RECEIVE UPON REQUEST A COPY OF ANY OF THE DOCUMENTS YOU REVIEWED DURING THE LEASE TRANSACTION.;

(3) Disclose to the retail lessee in the lease agreement in capital letters of at least ten-point bold type, with the appropriate amounts specified, the following:

(A) THE GROSS CAPITALIZED COST $____________________

(B) THE CAPITALIZED COST REDUCTION $________________

(C) THE ADJUSTED CAPITALIZED COST $_________________;

(4) Provide the retail lessee with a copy of each document that is signed by the retail lessee during the course of the lease transaction and any document that is referenced or incorporated into the lease agreement. Also, provide the retail lessee with a copy of each document requested by the retail lessee that is presented during the course of the lease transaction;

(5) Prepare all disclosures made pursuant to this section and section 481L-3 and all documents executed in a lease transaction in the language principally used in negotiating the lease transaction; and

(6) Upon request by the retail lessee at any time during the lease transaction and at any time during the first six months of the term of the lease agreement, provide to the retail lessee at no cost to the retail lessee a copy of the retail lessor's worksheets used to calculate the periodic lease payment. Worksheets that are stored on computer media shall be reduced to printed form for the lessee. The worksheets shall be maintained by the retail lessor or its agents during the first six months of the term of the lease agreement. The retail lessor shall not be required to provide those portions of any worksheets that contain dealer markup information or lease assignment settlement amounts. [L 1997, c 82, pt of §1; am L 1998, c 201, §1]
Haw. Rev. Stat. § 486K-9 — HI Code / Division 2 / Title 26 / Chapter 486K / Section 486K-9
Valuation of property.
Status: in_force

Whenever the value of property is to be determined under sections 486K-4 and 486K-5, the following shall apply:

(1) Value means the market value of the property.

(2) Whether or not they have been issued or delivered, certain written instruments, not including those having a readily ascertained market value, shall be evaluated as follows:

(A) The value of an instrument constituting an evidence of debt, such as a check, traveler's check, draft, or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied;

(B) The value of any other instrument that creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.

(3) When property has value but that value cannot be ascertained pursuant to the standards set forth above, the value shall be deemed to be an amount not exceeding $50. [L 1978, c 234, pt of §3]
Haw. Rev. Stat. § 480-2 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-2
Unfair competition, practices, declared unlawful.
Status: in_force

(a) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are unlawful.

(b) In construing this section, the courts and the office of consumer protection shall give due consideration to the rules, regulations, and decisions of the Federal Trade Commission and the federal courts interpreting section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)), as from time to time amended.

(c) No showing that the proceeding or suit would be in the public interest (as these terms are interpreted under section 5(b) of the Federal Trade Commission Act) is necessary in any action brought under this section.

(d) No person other than a consumer, the attorney general or the director of the office of consumer protection may bring an action based upon unfair or deceptive acts or practices declared unlawful by this section.

(e) Any person may bring an action based on unfair methods of competition declared unlawful by this section. [L 1965, c 129, pt of §1; Supp, §205A-1.1; HRS §480-2; am L 1987, c 274, §2; am L 1988, c 51, §1; am L 2002, c 229, §2]
Haw. Rev. Stat. § 480-14 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-14
Suits by the State; amount of recovery.
Status: in_force

(a) Whenever the State or any of its political subdivisions or governmental agencies is injured, directly or indirectly, in its business or property by reason of anything forbidden or declared unlawful by this chapter, it may sue to recover threefold the actual damages sustained by it, whether directly or indirectly. The attorney general may bring an action on behalf of the State or any of its political subdivisions or governmental agencies to recover the damages provided for by this section, or by any comparable provisions of federal law.

(b) The attorney general of the State shall be authorized to bring a class action for indirect purchasers asserting claims under this chapter. The attorney general or the director of the office of consumer protection may bring a class action on behalf of consumers based on unfair or deceptive acts or practices declared unlawful by section 480-2. Actions brought under this subsection shall be brought as parens patriae on behalf of natural persons residing in the State to secure threefold damages for injuries sustained by the natural persons to their property by reason of any violation of this chapter.

(c) If judgment is in favor of the State or any of its political subdivisions or governmental agencies under any provision of this chapter, the attorney general or the director of the office of consumer protection shall be awarded reasonable attorney's fees together with the cost of suit; provided that in any class action lawsuit brought by the attorney general on behalf of indirect purchasers, the attorney general shall in addition be awarded an amount commensurate with expenses reasonably expected to be expended in distribution of damages to the indirect purchasers. [L 1961, c 190, §12; Supp, §205A-12; HRS §480-14; am L 1980, c 69, §2; am L 1981, c 22, §1; am L 1987, c 274, §5; am L 1988, c 60, §2 and c 141, §§52, 53; am L 2001, c 79, §2; am L 2002, c 229, §4; am L 2003, c 13, §1; am L 2008, c 19, §5; am L 2011, c 66, §1]
Haw. Rev. Stat. § 485A-604.5 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-604.5
Additional administrative penalties for securities violations committed against elders.
Status: in_force

If a person commits a violation under this chapter and the violation is directed toward, targets, or is committed against a person who at the time of the violation is sixty-two years of age or older, the commissioner, in addition to any other administrative penalty, may impose an administrative penalty not to exceed $50,000 for each violation; provided that this section shall not apply to registered broker-dealers for violations of [section] 485A-412(d)(9).
Haw. Rev. Stat. § 482E-8 — HI Code / Division 2 / Title 26 / Chapter 482E / Section 482E-8
Duties of the director.
Status: in_force

(a) The director may issue a stop order prohibiting the sale of a franchise if the director finds that the order is in the public interest and that:

(1) The offering circular is incomplete in any material respect or contains any statement which in the light of the circumstances under which it is or may be made false or misleading with respect to any material fact.

(2) Any provision of this chapter or any rule or order or condition lawfully imposed under this chapter has been violated in connection with the sale of a franchise by the franchisor, any partner, officer or director of a franchisor, or any person occupying a similar status or performing similar functions or any person directly or indirectly controlling or controlled by the franchisor.

(3) The offer or sale of the franchise is the subject of a permanent or temporary injunction of any court of competent jurisdiction or an administrative order prohibiting offer or sale of the franchise entered under any federal or state act applicable to the franchise but the director may not enter an order under this subparagraph on the basis of an injunction entered under any other law unless that order or injunction is based on facts that currently constitute a ground for a stop order under this section.

(4) A franchisor's enterprise or method of business includes or would include activities which are illegal where performed.

(5) The offer or sale of the franchise has worked or tended to work a fraud upon purchasers or would so operate.

(6) The franchisor or subfranchisor has failed to demonstrate that adequate financial arrangements have been made to fulfill obligations to provide real estate improvements, equipment, training, or other items included in the offering; and the franchisor or subfranchisor is unable or unwilling to comply with an order of the director under subsection (e) of this section to escrow or impound franchise fees and other funds paid by the franchisee or subfranchisor, or to furnish a surety bond approved by the director.

(b) Upon the entry of a stop order under any part of subsection (a), the director shall promptly notify the franchisor or subfranchisor that the order has been entered and the reasons therefor and that within fifteen days after receipt of a written request, the matter will be set down for hearing. If no hearing is requested within fifteen days and none is ordered by the director, the director shall enter the director's written findings of fact and conclusions of law and the order will remain in effect until it is modified or vacated by the director. If a hearing is requested or ordered, the director after notice of an opportunity for hearings to the franchisor or subfranchisor shall enter the director's written findings of fact and conclusions of law and may modify or vacate the order. The director may modify or vacate a stop order if the director finds that the conditions which prompted the director's entry have changed or that it is otherwise in the public interest to do so.

(c) The director shall refer such evidence as may be available concerning violations of this chapter or any rule or order hereunder to the attorney general or the proper prosecuting attorney who may in the attorney general's or prosecuting attorney's discretion with or without such a reference institute the appropriate criminal proceeding under this chapter.

(d) The director may, in accordance with chapter 91, from time to time make, amend, and rescind such rules, forms, and orders as are necessary to carry out this chapter including rules and forms governing offering circulars and reports and defining any terms whether or not used in this chapter insofar as the definitions are consistent with this chapter.

(e) If the director finds that the applicant has failed to demonstrate that adequate financial arrangements have been made to fulfill obligations to provide real estate, improvements, equipment, inventory, training, or other items included in the franchise proposed to be sold, the director may require the escrow or impoundment of franchise fees and other funds paid by the franchisee or subfranchisor, until the obligations are fulfilled, or the furnishing of a surety bond approved by the director, if the director finds that the requirement is necessary and appropriate to protect prospective franchisees or subfranchisors. [L 1974, c 18, pt of §1; am L 1978, c 242, §9; gen ch 1985]
Haw. Rev. Stat. § 488-9 — HI Code / Division 2 / Title 26 / Chapter 488 / Section 488-9
[ §488-9] Records and reports.
Status: in_force

[ §488-9] Records and reports. (a) The commissioner shall preserve in permanent form records and reports of the commissioner's proceedings, hearings, investigations, and examinations and shall file the records in the commissioner's office.

(b) The commissioner's records and filings in the commissioner's office shall be open to public inspection, except as otherwise provided in this chapter.

(c) The commissioner shall maintain the confidentiality of any documents or information received from the National Association of Insurance Commissioners, the federal government, insurance regulatory agencies of foreign countries, or insurance departments of other states, territories, and commonwealths that are confidential in the jurisdiction of origin. Documents and records subject to this subsection shall be confidential and privileged, shall not be made public, shall not be subject to subpoena or discovery, and shall not be admissible as evidence in any private civil action, and neither the commissioner nor any other person who received documents, materials, or other information subject to this subsection while acting under the authority of the commissioner shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to this subsection.

This subsection shall not be construed to limit the commissioner's authority to use any necessary documents, materials, or other information in furtherance of any regulatory or legal action brought as part of the commissioner's official duties. The commissioner may share information, including otherwise confidential information, with the National Association of Insurance Commissioners, the federal government, insurance regulatory agencies of foreign countries, or insurance departments of other states, territories, and commonwealths if the statutes or regulations of the jurisdiction receiving the information require the receiving person or entity to maintain the same level of confidentiality as required under this subsection and other applicable law.

(d) The commissioner shall not disclose any information that is protected from disclosure by law other than as provided in subsection (c). [L 2011, c 186, pt of §1]
Haw. Rev. Stat. § 481-10 — HI Code / Division 2 / Title 26 / Chapter 481 / Section 481-10
Actions to enjoin violation.
Status: in_force

Any person, firm, private corporation, or municipal or other public corporation, or trade association, may maintain an action to enjoin a continuance of any act or acts in violation of sections 481-1 to 481-7 and, if injured thereby, for the recovery of damages. If, in the action, the court finds that the defendant is violating or has violated any of the provisions of sections 481-1 to 481-7, it shall enjoin the defendant from a continuance thereof. It shall not be necessary that actual damages to the plaintiff be alleged or proved. In addition to such injunctive relief, the plaintiff shall be entitled to recover from the defendant three times the amount of any actual damages sustained.

Any defendant in an action brought under this section may be compelled to testify by deposition under chapter 624, or in person before the court in which the action is brought, and may be examined by the plaintiff, as if on cross-examination, and the plaintiff shall not be bound by the defendant's testimony; and in addition the books and records of any such defendant may be brought into court and introduced, by reference, into evidence.

The defendant may in like manner and subject to like conditions and with like privileges compel the plaintiff to testify by deposition or otherwise. [L 1937, c 223, §10; RL 1945, §9330; am L 1955, c 241, §1(f); RL 1955, §205-11; HRS §481-10; gen ch 1985]
Haw. Rev. Stat. § 486M-7 — HI Code / Division 2 / Title 26 / Chapter 486M / Section 486M-7
Penalties.
Status: in_force

Any dealer, or any agent, employee, or representative of a dealer who intentionally, knowingly, or recklessly violates any of the provisions of sections 486M-2, 486M-3, or 486M-4, or who refuses to allow the inspection provided for in section 486M-5, and any person who offers or records information that is required under section 486M-2 that the person knows or has reason to know is false, shall be guilty of a misdemeanor. Any dealer, or any agent, employee, or representative of a dealer who is convicted for a second violation of any provision of this chapter shall, in addition to the foregoing penalty, be permanently prohibited from engaging in the business of buying or selling of precious or semiprecious metals or precious or semiprecious gems or any article.
Haw. Rev. Stat. § 476-31 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-31
Attorney general, director of [the office of] consumer protection, or prosecutor to enforce chapter.
Status: in_force

The attorney general, the director of the office of consumer protection, or the prosecuting attorney may bring an action in the name of the State against any person to restrain and prevent any violation of this chapter.
Haw. Rev. Stat. § 482C-2 — HI Code / Division 2 / Title 26 / Chapter 482C / Section 482C-2
Sale of unlawfully recorded sounds.
Status: in_force

It is unlawful to advertise, offer for sale, or sell any article onto which sounds have been transferred as described in section 482C-1 with the knowledge that the sounds have been transferred without the consent of the owner.
Haw. Rev. Stat. § 484-4 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-4
Prohibitions on dispositions of interests in subdivisions.
Status: in_force

Unless the subdivided lands or the transaction is exempt by section 484-3:

(1) No person may offer or dispose of any interest in subdivided lands located in this State, or offer or dispose in this State of any interest in subdivided lands located without this State before a preliminary or final order registering the subdivided land is entered in accordance with this chapter;

(2) No person may dispose of any interest in subdivided lands unless a current public offering statement is delivered to the purchaser and the purchaser is afforded a reasonable opportunity to examine the public offering statement prior to the disposition. [L 1967, c 223, §4; HRS §484-4; am L 1983, c 175, §3; am L 1992, c 132, §3]
Haw. Rev. Stat. § 489E-17 — HI Code / Division 2 / Title 26 / Chapter 489E / Section 489E-17
Creation and retention of electronic records and conversion of written records by governmental agencies.
Status: in_force

Each governmental agency of this State shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records.
Haw. Rev. Stat. § 481P-5 — HI Code / Division 2 / Title 26 / Chapter 481P / Section 481P-5
Exemptions.
Status: in_force

This chapter shall not apply to:

(1) A person who initiates telephone calls to a residence for the sole purpose of polling or soliciting the expression of ideas, opinions, or votes, or a person soliciting solely for a political or religious cause or purpose;

(2) A securities broker-dealer, salesperson, investment adviser, or investment adviser representative who is registered with this State to sell securities or who is authorized to sell securities in this State pursuant to federal securities laws, when soliciting over the telephone within the scope of the person's registration;

(3) A financial institution that is authorized to accept deposits under its chartering or licensing authority where such deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, including but not limited to a bank, savings bank, savings and loan association, depository financial services loan company, or credit union, or a nondepository financial services loan company that is licensed or authorized to conduct business in this State by the commissioner of financial institutions, or an affiliate or subsidiary of a financial institution as defined in chapter 412;

(4) A person or organization that is licensed or authorized to conduct business in this State by the insurance commissioner including but not limited to an insurance company and its employees, while engaged in the business of selling or advertising the sale of insurance products or services;

(5) A college or university accredited by an accrediting organization recognized by the United States Department of Education;

(6) A person who publishes a catalog of at least fifteen pages, four times a year, with a circulation of at least one hundred thousand, where the catalog includes clear disclosure of sale prices, shipping, handling, and other charges;

(7) A political subdivision or instrumentality of the United States, or any state of the United States;

(8) The sale of goods or services by telecommunications or landline (i.e., cable) or wireless video service providers, for which the terms and conditions of the offering, production, or sale are regulated by the public utilities commission or the Federal Communications Commission, or pursuant to chapter 440G, including the sale of goods or services by affiliates of these telecommunications or video service providers. Nothing herein shall be construed to preclude or preempt actions brought under any other laws including chapter 480;

(9) A real estate broker or salesperson who is licensed by this State to sell real estate, when soliciting within the scope of the license; or

(10) A travel agency that is registered with this State, when engaging in the business of selling or advertising the sale of travel services. [L 1999, c 170, pt of §1; am L 2008, c 19, §39]
Haw. Rev. Stat. § 485A-508 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-508
Criminal penalties.
Status: in_force

(a) Whoever violates this chapter shall be punished as follows:

(1) An offense in which the total value of all money and anything else of value paid by or lost by the victims pursuant to the same scheme, plan, or representations, or to the same entity, amounts to under $5,000 shall be a class C felony;

(2) An offense in which the total value of all money and anything else of value paid by or lost by the victims pursuant to the same scheme, plan, or representations, or to the same entity, amounts to $5,000 but less than $100,000 shall be a class B felony; and

(3) An offense in which the total value of all money and anything else of value paid or lost by the victims pursuant to the same scheme, plan, or representations, or to the same entity, amounts to $100,000 or more shall be a class A felony.

In addition to the above, whoever violates this chapter shall forfeit to the State any interest or property the person has acquired or maintained in violation of this chapter and any interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise which the person has established, operated, controlled, conducted, or participated in the conduct of, in violation of this chapter.

(b) The value of all money and anything else of value paid or lost by various victims pursuant to the same scheme, plan, or representations or to the same entity may be aggregated in determining the class or grade of the offense.

(c) Upon conviction of a person under this chapter, the circuit court shall authorize the county attorney or prosecutor, or the attorney general, to seize all property or other interest declared forfeited under this chapter upon such terms and conditions as the court shall deem proper. The State shall dispose of all property or other interest seized under this chapter as soon as feasible making due provision for the rights of innocent persons. If a property right or other interest is not exercisable or transferable for value by the State, it shall not revert to the convicted person and the commissioner shall dispose of the property as deemed proper by the commissioner.

(d) Notwithstanding any other law to the contrary, a person convicted of a felony under this chapter who has a prior conviction for a felony under this chapter or a prior conviction for a crime which would constitute a felony under this chapter shall be sentenced to a mandatory minimum period of imprisonment of one year without possibility of parole. Nothing in this subsection shall be construed to in any way limit the maximum term of imprisonment imposed pursuant to chapter 706.

(e) Notwithstanding any other law to the contrary, the following period of limitations shall apply to prosecutions for felony violations of this chapter:

(1) Prosecution for a felony under this chapter shall be commenced within five years after the offense is committed; and

(2) If the period prescribed in paragraph (1) has expired, prosecution for a felony under this chapter may be commenced within two years after the discovery of the offense by an aggrieved party who is not a party to the offense, but in no event more than seven years after the offense is committed.

(f) The attorney general or the proper county attorney or prosecutor, may institute criminal proceedings with or without a referral from the commissioner under this chapter.

(g) This chapter shall not limit the power of the State to punish a person for conduct that constitutes a crime under other laws of the State. [L 2006, c 229, pt of §1]
Haw. Rev. Stat. § 480E-1 — HI Code / Division 2 / Title 26 / Chapter 480E / Section 480E-1
Purpose.
Status: in_force

The purpose of this chapter is to protect Hawaii consumers from persons who prey on consumers by offering services that purport to provide relief from consumers' mortgage loan obligations or from other filed or threatened liens or encumbrances against their properties. Consumers who face foreclosures, liens, or encumbrances are often in desperate financial situations that can have severe adverse consequences for individuals and families even if the consumers have significant equity in their residential real property. The consumers' desperation makes them vulnerable to persons who claim they can stop, prevent, or delay foreclosures, liens, or encumbrances, or claim they can reduce, modify, or eliminate mortgage loan obligations or other filed or threatened liens or encumbrances. Persons who make these claims often use the consumers' desperation to foster unequal bargaining positions and withhold or misrepresent vital information and details. As a result, consumers may be convinced to give up their real property interests and valuable equity to these persons while receiving little in return. Requiring full and complete disclosure of vital information will better enable consumers to make informed decisions when dealing with persons claiming to be able to stop foreclosures, liens, or encumbrances. This chapter addresses possible misrepresentations by compelling persons who offer assistance to fully and completely describe their services in written contracts and gives consumers the right to cancel at any time before a distressed property consultant has performed all services called for in a contract.
Haw. Rev. Stat. § 481X-1 — HI Code / Division 2 / Title 26 / Chapter 481X / Section 481X-1
Application.
Status: in_force

(a) This chapter shall not apply to:

(1) Express or implied warranties;

(2) Maintenance agreements; and

(3) Warranties, service contracts, and maintenance agreements offered by public utilities on their transmission devices to the extent they are regulated by the public utilities commission or the department of commerce and consumer affairs.

(b) The marketing, sale, offering for sale, issuance, making, proposing to make, and administration of service contracts by providers and related service contract sellers, administrators, and other persons shall be exempt from regulation under the insurance laws of this State other than laws included in this chapter. [L 2000, c 221, pt of §2]
Haw. Rev. Stat. § 481X-5 — HI Code / Division 2 / Title 26 / Chapter 481X / Section 481X-5
Recordkeeping.
Status: in_force

(a) The provider or provider's administrator shall keep accurate accounts, books, and records of all transactions regulated under this chapter.

(b) Accounts, books, and records maintained as required by this section shall include the following:

(1) Copies of each type of service contract sold;

(2) The name and address of each contract holder, to the extent that the name and address have been furnished by the contract holder;

(3) A list of the locations where the provider's service contracts are marketed, sold, or offered for sale; and

(4) Recorded claims files which at a minimum shall contain the date and description of each claim under the provider's service contracts.

(c) The provider for each service contract shall retain records required under this section for at least one year after coverage under the contract has expired. A provider discontinuing business in this State shall maintain records required under this section until it provides the commissioner with satisfactory proof that the provider has discharged all contractual obligations to contract holders in this State.

(d) The records required under this section may be, but are not required to be, maintained on a computer disk or other recordkeeping technology. If records are maintained in a form other than hard copy, the records shall be in a form allowing duplication as legible hard copy at the request of the commissioner.

(e) Upon request of the commissioner, the provider shall make available to the commissioner all accounts, books, and records concerning service contracts sold by the provider reasonably necessary to enable the commissioner to determine compliance or noncompliance with this chapter. [L 2000, c 221, pt of §2]
Haw. Rev. Stat. § 482E-9 — HI Code / Division 2 / Title 26 / Chapter 482E / Section 482E-9
Civil liability.
Status: in_force

(a) The commission of any unfair or deceptive acts or practices or unfair methods of competition prohibited by section 482E-6 shall constitute an unfair or deceptive act or practice under chapter 480.

(b) Any person who sells or offers to sell a franchise in violation of this chapter shall be liable to the franchisee or subfranchisor who may sue for damages caused thereby or for rescission or other relief as the court may deem appropriate. In the case of a violation of section 482E-5(b) rescission is not available to the plaintiff if the defendant proves that the plaintiff knew the facts concerning the untruth or admission or that the defendant exercised reasonable care and did not know or if the defendant had exercised reasonable care would not have known of the untruth or admission.

(c) The suit authorized under subsection (b) may be brought to recover the actual damages sustained by the plaintiff together with the cost of the suit including reasonable attorneys' fees and the court may in its discretion increase the award of damages to an amount not to exceed three times the actual damages sustained.

(d) Any person who becomes liable to make payments under this section may recover contributions as in cases of contracts from any persons who, if sued separately, would have been liable to make the same payment.

(e) A final judgment, order, or decree heretofore or hereafter rendered against a person in any civil, criminal, or administrative proceedings under the United States anti-trust laws, under the Federal Trade Commission Act, or this chapter shall be regarded as evidence against such persons in an action brought by any party against such person under subsections (a) and (b) as to all matters which said judgment or decree would be an estoppel between the parties thereto. [L 1974, c 18, pt of §1; am L 1978, c 242, §10; gen ch 1985]
Haw. Rev. Stat. § 486-108 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-108
Use; disposition of correct or incorrect apparatus.
Status: in_force

The department, through the measurement standards branch, shall seal or mark with appropriate devices, such measures and measurement standards as it finds, upon inspection and test, to be "correct" as defined in this chapter. The department, through the measurement standards branch, shall reject and mark or tag as "rejected" such measures and measurement standards as it finds, upon inspection and test, to be in noncompliance provided that sealing or marking shall not be required with respect to such measures and measurement standards as may be exempted therefrom by a rule of the board adopted under section 486-7. Measures and measurement standards that have been rejected may be confiscated and may be destroyed by the department, through the measurement standards branch, if not corrected as required by section 486-109, or if used or disposed of contrary to the requirements of section 486-109. In carrying out this section, the department, through the measurement standards branch, may use such terms as "rejected", "accepted", "incorrect", "inaccurate", "accurate", "tested", "approved", "certified", or terms of similar import on marks or tags or certificates, as necessary, to convey to all interested parties the condition or state of the device or apparatus. Any such mark or tag shall be subject to section 486-7 and its unauthorized application or removal shall be a violation of this chapter.
Haw. Rev. Stat. § 481B-12 — HI Code / Division 2 / Title 26 / Chapter 481B / Section 481B-12
Credit repair organizations.
Status: in_force

(a) No person shall:

(1) Solicit or induce a consumer to pay money or other valuable consideration based on false representations that the person can erase, correct, repair, alter, or otherwise modify an accurately reported consumer credit history;

(2) Solicit or induce a consumer to pay money or other valuable consideration for the referral of a consumer to a credit granting entity, if that person knows or has reason to know that the consumer will be granted credit, if at all, by the entity on substantially the same terms as those available to the general public;

(3) Make or counsel or advise a consumer to make any statement which is untrue or misleading or that the person should know by the exercise of reasonable care to be untrue or misleading, to a credit reporting agency or to any credit granting entity with respect to that customer's creditworthiness, credit standing, or credit capacity; or

(4) Provide advice or assistance with regard to any of the foregoing activities.

(b) For the purposes of this section, "consumer" means a natural person acting in his or her own personal capacity.

(c) Any violation of this section shall constitute an unfair or deceptive act or practice in the conduct of trade or commerce under section 480-2. [L 1989, c 152, §1]
Haw. Rev. Stat. § 489E-11 — HI Code / Division 2 / Title 26 / Chapter 489E / Section 489E-11
Notarization, certification, acknowledgment, and verification.
Status: in_force

If a law requires a signature or record to be notarized, certified, acknowledged, verified, or made under oath or seal, the requirement is satisfied if the electronic signature or seal of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
Haw. Rev. Stat. § 482C-4 — HI Code / Division 2 / Title 26 / Chapter 482C / Section 482C-4
Lawful uses; defined.
Status: in_force

This chapter shall not apply to any person who transfers or causes to be transferred any sounds intended for or in connection with radio or television broadcast transmission or related uses, for archival purposes, or solely for the personal use of the person transferring or causing the transfer and with no purpose of capitalizing commercially on such reproduction.
Haw. Rev. Stat. § 489D — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D
-7 Bond or other security device.
Status: in_force

(a) Each application for a license shall be accompanied by a surety bond, irrevocable letter of credit, or other similar security device acceptable to the commissioner in the amount of $100,000 for the initial twelve months of licensure. Thereafter, each licensee shall maintain a bond in the amount required by this subsection unless otherwise required by the commissioner. The commissioner may increase the amount of the bond or security device to a maximum of $500,000 upon the basis of the impaired financial condition of a licensee, as evidenced by a reduction in tangible net worth, financial losses, or other relevant criteria.

(b) The security device shall be in a form satisfactory to the commissioner and shall run to the State for the benefit of any claimants against the licensee to secure the faithful performance of the obligations of the licensee relating to the receipt, handling, transmission, and payment of money or monetary value in connection with money transmissions. In the case of a bond, the aggregate liability of the surety shall not exceed the principal sum of the bond. Claimants against the licensee may bring suit directly on the security device or the commissioner may bring suit on behalf of claimants, either in one action or in successive actions.

(c) To meet the requirement of a security device or of any portion of the principal amount thereof, the licensee may deposit with the commissioner, or with banks in the State as the licensee may designate and the commissioner may approve, cash, interest-bearing stocks and bonds, notes, debentures, or other obligations:

(1) Of the United States or any agency or instrumentality thereof;

(2) Guaranteed by the United States;

(3) Of the State, a county, or instrumentality of the State; or

(4) Guaranteed by the State,

in an aggregate amount based upon the principal amount or market value, whichever is lower, of no less than the amount of the security device or portion thereof.

(d) The securities or cash deposited pursuant to subsection (c) shall secure the same obligations as would the security device, but the depositor shall:

(1) Be entitled to receive all interest and dividends thereon;

(2) Have the right, with the approval of the commissioner, to substitute other securities for those deposited; and

(3) Be required to substitute other securities for those deposited upon a showing of good cause and written order of the commissioner.

(e) The security device shall remain in effect until cancellation, which may occur only after thirty days written notice to the commissioner. Cancellation shall not affect any liability incurred or accrued during the period.

(f) The security device shall remain in place for no longer than five years after the licensee ceases money transmission operations in the State. Notwithstanding this provision, the commissioner may permit the security device to be reduced or eliminated prior to that time to the extent that the amount of the licensee's payment instruments outstanding in the State are reduced. The commissioner may also permit a licensee to substitute a letter of credit or other form of security device acceptable to the commissioner for the security device in place at the time the licensee ceases money transmission operations in the State. [L 2006, c 153, pt of §1; am L 2013, c 167, §3; am L 2018, c 21, §1; am L 2023, c 183, §4]
Haw. Rev. Stat. § 485A-807 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-807
[ §485A-807] Immunity for delaying disbursements or transactions.
Status: in_force

[ §485A-807] Immunity for delaying disbursements or transactions. A qualified person who, in good faith and exercising reasonable care, complies with section 485A-806 shall be immune from any administrative or civil liability that might otherwise arise from a delay of a requested disbursement or transaction in accordance with that section.
Haw. Rev. Stat. § 481I-2 — HI Code / Division 2 / Title 26 / Chapter 481I / Section 481I-2
Definitions.
Status: in_force

When used in this chapter unless the context otherwise requires:

"Business day" means any day during which the service departments of authorized dealers of the manufacturer of the motor vehicle are normally open for business.

"Collateral charges" means those additional charges to a consumer wholly incurred as a result of the acquisition of the motor vehicle. For the purposes of this chapter, collateral charges include but are not limited to finance and interest charges, manufacturer-installed or agent-installed items, general excise tax, license and registration fees, title charges, and similar government charges.

"Consumer" means the purchaser, other than for purposes of resale, or the lessee of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of the express warranty applicable to the motor vehicle, and any other person entitled to enforce the obligations of the express warranty.

"Express warranty" means any written warranty issued by the manufacturer, or any affirmation of fact or promise made by the manufacturer, excluding statements made by the dealer, in connection with the sale or lease of a motor vehicle to a consumer, which relates to the nature of the material or workmanship and affirms or promises that the motor vehicle shall conform to the affirmation, promise, or description or that the material or workmanship is free of defects or will meet a specified level of performance.

"Incidental charges" means those reasonable costs incurred by the consumer, including, but not limited to, towing charges and the costs of obtaining alternative transportation which are directly caused by the nonconformity or nonconformities which are the subject of the claim, but shall not include loss of use, loss of income, or personal injury claims.

"Lemon law rights period" means the term of the manufacturer's express warranty, the period ending two years after the date of the original delivery of a motor vehicle to a consumer, or the first 24,000 miles of operation, whichever occurs first.

"Lessee" means any consumer who leases a motor vehicle:

(1) For one year or more pursuant to a written lease agreement which provides that the lessee is responsible for repairs to such motor vehicle; or

(2) Pursuant to a lease-purchase agreement.

"Motor vehicle":

(1) Means a self-propelled vehicle primarily designed for the transportation of persons or property over public streets and highways which is used primarily for personal, family, or household purposes;

(2) Includes:

(A) A motorcycle as defined in section 286-2, but excluding a motor scooter;

(B) A "demonstrator", which means a vehicle assigned by a dealer for the purpose of demonstrating qualities and characteristics common to vehicles of the same or similar model or type;

(C) An individually registered vehicle used for an individual's business purposes as well as for personal, family, or household purposes; and

(D) A vehicle owned or leased by a sole proprietorship, corporation, or partnership which has purchased or leased no more than one vehicle per year, used for household, individual, or personal use in addition to business use; and

(3) Shall not include mopeds or motor scooters, as those terms are defined in chapter 286, or vehicles over ten thousand pounds, gross vehicle weight rating.

"Nonconformity" means a defect, malfunction, or condition that fails to conform to the motor vehicle's applicable express warranty and that substantially impairs the use, market value, or safety of a motor vehicle, but does not include a defect, malfunction, or condition that results from an accident, abuse, neglect, modification, or alteration of the motor vehicle by persons other than the manufacturer, its agent, distributor, or authorized dealer.

"Purchase price" means the cash price appearing in the sales agreement or contract and paid for the motor vehicle, including any net allowance for a trade-in vehicle. Where the consumer is a second or subsequent purchaser and the arbitration award is for a refund of the purchase price of the motor vehicle, "purchase price" means the purchase price of the second or subsequent purchase and shall not exceed the purchase price paid by the original purchaser.

"Reasonable offset" for use means the number of miles attributable to a consumer up to the date of the third repair attempt of the same nonconformity which is the subject of the claim, the date of the first repair attempt of a nonconformity that is likely to cause death or serious bodily injury, or the date of the thirtieth cumulative business day when the vehicle is out of service by reason of repair of one or more nonconformities, whichever occurs first. The reasonable offset for use shall be equal to one per cent of the purchase price for every thousand miles of use.

"Replacement motor vehicle" means a motor vehicle which is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle to be replaced existed at the time of original acquisition, including any service contract, undercoating, rustproofing, and factory-installed or dealer-installed options.

"Settlement" means an agreement for repurchase or replacement of a motor vehicle entered into between a manufacturer and a consumer that occurs after a dispute is submitted to an informal dispute resolution procedure or arbitration program or after a dispute is approved for arbitration under section 481I-4. "Settlement" does not include an agreement for a motor vehicle to be repurchased pursuant to a guaranteed repurchase or satisfaction program advertised by the manufacturer in which the vehicle was not alleged or found to have a nonconformity as defined in this section.

"Substantially impairs" means to render the motor vehicle unfit, unreliable, or unsafe for warranted or normal use, or to significantly diminish the value of the motor vehicle. [L 1992, c 314, pt of §1; am L 1998, c 197, §§1, 2; am L 2000, c 44, §1; am L 2008, c 19, §23; am L 2010, c 5, §1]
Haw. Rev. Stat. § 481B-11 — HI Code / Division 2 / Title 26 / Chapter 481B / Section 481B-11
Sensitivity-awareness group seminars.
Status: in_force

Any person who deposits any money to attend a sensitivity-awareness group seminar and before the first day of the seminar, requests to cancel his or her right to attend and requests a refund of moneys deposited or paid, shall be refunded in full less identifiable nonrecoverable costs not to exceed the lesser of $50 or twenty per cent of the price of the course, by the sensitivity-awareness group. Any person who while attending or after completing a sensitivity-awareness seminar, deposits any money to attend subsequent seminars of a sensitivity-awareness group and within five days of making the deposit or before the first day of the subsequent seminar, whichever occurs later, requests to cancel his or her right to attend and requests a refund of moneys deposited or paid, shall be refunded in full less identifiable nonrecoverable costs not to exceed the lesser of $50 or twenty per cent of the price of the course, by the sensitivity-awareness group. Any offering of a sensitivity-awareness group seminar by a representative of the sensitivity-awareness group sponsoring the sensitivity-awareness group seminar shall disclose to the offeree these rights of refund.

For purposes of this section, "sensitivity-awareness groups" includes any individual, associated group of persons, or organizations which advertise or assert that attendance by persons at seminars, meetings, training sessions, therapy sessions, or the like sponsored by the individual, group, or organization, will help the persons attending have greater self-awareness or awareness of others, greater self-understanding or understanding of others, or greater capacity for life adjustment or success in life; provided that psychological or psychotherapeutic techniques are used as part of the individual's, group's, or organization's methodology at the seminars, meetings, training sessions, therapy sessions, or the like. The term "sensitivity-awareness groups" does not include licensed psychologists, or psychologists with a temporary permit, in accordance with chapter 465, or a psychiatrist licensed in accordance with chapter 453, who teach, direct, administer, conduct, preside over, or are similarly involved in seminars, meetings, training sessions, therapy sessions, or the like.

"Sensitivity-awareness group seminars" means any seminar, meeting, training session, therapy session, or the like sponsored by a sensitivity-awareness group for which monetary compensation is required from persons to attend. [L 1982, c 150, §2; am L 1985, c 115, §17; am L 1996, c 59, §6; am L 2008, c 19, §16]
Haw. Rev. Stat. § 482-24 — HI Code / Division 2 / Title 26 / Chapter 482 / Section 482-24
Certificate of registration.
Status: in_force

(a) Upon compliance by the applicant with the requirements of this part, the director shall issue a certificate of registration to the applicant.

(b) The original or a copy certified by the director of a certificate of registration issued under this part shall be admissible in evidence as sufficient proof of the registration of a mark in any action or judicial proceeding in any court of this State. [L 2001, c 15, pt of §1; am L 2003, c 124, §95]
Haw. Rev. Stat. § 482P-3 — HI Code / Division 2 / Title 26 / Chapter 482P / Section 482P-3
Transfer, assignment, and license.
Status: in_force

(a) A right recognized by this chapter shall be freely transferable, assignable, and licensable, in whole or in part, by contract or inter vivos transfer. This right shall not expire upon the death of the individual or personality, but shall be owned and enforceable by the following successors, heirs, or other transferees of living or deceased individuals or personalities:

(1) Except where a right recognized by this chapter was transferred or assigned before the deceased personality's death by means of any contract or trust instrument, a right recognized by this section shall be owned by the person entitled to the right under the deceased individual's or personality's last will and testament or, if none, then by the beneficiaries or heirs under the laws of intestate succession applicable to interests in intangible personal property generally of the individual's or personality's domicile, regardless of whether the law of the domicile of the deceased individual or personality, at the time of death, or thereafter, recognizes a similar or identical property right; or

(2) If the deceased individual or personality transferred or assigned any interest in a right recognized by this chapter during the individual's or personality's life by means of any contract or trust instrument, then the interest so transferred or assigned shall be held as follows:

(A) If the transferred or assigned interest was held in trust, in accordance with the terms of the trust;

(B) If the transferred or assigned interest is subject to a cotenancy with any survivorship provisions or payable-on-death provisions, in accordance with those provisions;

(C) If the transferred or assigned interest is subject to any contract, including without limitation an exclusive license, assignment, or a community property agreement, in accordance with the terms of the applicable contract or contracts; or

(D) If the interest has been transferred or assigned to a third person in a form that is not addressed in this section, by the individual or personality, or the successor, heir, or other valid transferee of the living or deceased individual or personality, then the interest may be transferred, assigned, or licensed by that third person, in whole or in part, by any otherwise permissible form of inter vivos or testamentary transfer or, if none is applicable, under the laws of intestate succession applicable to interests in intangible personal property of the third person's domicile, regardless of whether the law of the domicile of the deceased third party, at the time of death, or thereafter, recognizes a similar or identical property right.

(b) A property right exists whether or not those rights were commercially exploited by or under the authority of the individual or the personality, or the individual's or personality's successors or transferees, during the individual's or the personality's lifetime. [L Sp 2009, c 28, pt of §2]