reglab/housing_qa huggingface dataset:
HI Rev Stat § 468L-5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468L. Travel Agencies|468L-5 Client trust accounts; maintenance of and withdrawal from such accounts.

  §468L-5 Client trust accounts; maintenance of and withdrawal from such accounts.  (a) Within five business days of receipt, all travel agencies shall deposit all sums received from a consumer, for travel services offered by the travel agency in a trust account maintained in a federally insured financial institution located in Hawaii. A travel agency shall be deemed to have complied with this section if:  (1) Travel services are paid for by the consumer by means of a credit, charge or debit card, or by means of a centrally billed travel account, and the travel agency submits the charge data to the appropriate payment processing or card issuing company within five days of the charge; and  (2) Any moneys received from these means by the agency are handled in accordance with the provisions of this section.  (b) The trust account required by this section shall be established and maintained for the benefit of the consumers paying money to the travel agency. The travel agency shall not in any manner encumber the amounts in trust and shall not withdraw money therefrom except:  (1) In partial or full payment for travel services to the entity directly providing the travel services; or  (2) To make refunds as required by this chapter.  A travel agency may make payment through another travel agency; provided that any such payment is treated as if it were a payment by a consumer.   (c) This section shall not prevent the withdrawal from the trust account of:   (1) The amount of the sales commission, up to a maximum of fifteen per cent;  (2) Any interest earned and credited to the trust account; or  (3) Any remaining funds of a consumer once all travel services have been provided or once tickets or other similar documentation binding upon the ultimate provider of the travel services have been provided.  (d) At the time of registration, the agency shall file with the department the account number and the name of the financial institution at which the trust account is held. The agency shall notify the department of any change in the account number or location within three business days of the change.  (e) The director, by rule, may allow for the use of other types of funds or accounts; provided that the protection for consumers is no less than that provided by this section. [L 1991, c 285, pt of §1; am L 1992, c 157, §3]
HI Rev Stat § 468L-5.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468L. Travel Agencies|468L-5.5 Recordkeeping requirements for client trust accounts.

  §468L-5.5 Recordkeeping requirements for client trust accounts. (a) A travel agency or charter tour operator shall maintain all books and records necessary to comply with this chapter and its rules.  (b) A travel agency or charter tour operator shall keep and maintain for a period of at least two years copies of all bank statements, deposit slips, canceled checks, drafts, and wire or electronic transaction documents relating to client trust accounts. The travel agency, charter tour operator, or any branch offices shall make such records available for inspection and audit within three business days of a written request by the director. Nothing herein shall prevent the director from inspecting and auditing the books and records of the travel agency, charter tour operator, or any branch offices, as otherwise provided under this chapter or its rules. [L 2001, c 62, pt of §2]
HI Rev Stat § 468L-5.6 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468L. Travel Agencies|468L-5.6 Violations; summary suspension; penalties.

 §468L-5.6 Violations; summary suspension; penalties.  (a) Any violations by a travel agency or charter tour operator of any law or rule relating to client trust accounts shall constitute a prima facie showing of fraud on the part of the travel agency or charter tour operator.  (b) Upon a violation by a travel agency or charter tour operator of any law or rule relating to client trust accounts, the director may suspend or restrict the registration of the travel agency or charter tour operator as provided under section 436B-23. The director, as part of a proceeding brought under section 436B-23, may order a freeze of the bank or deposit accounts of the travel agency or charter tour operator.  (c) A travel agency or charter tour operator that violates any provision of this chapter may be fined not more than $1,000 for each violation; provided that a charter tour operator also shall be assessed an administrative fine pursuant to section 468L-27 for any violation of that section. [L 2001, c 62, pt of §2]
HI Rev Stat § 468L-5.7 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468L. Travel Agencies|468L-5.7 Court action for failure to maintain client trust accounts. (a) Whenever a travel agency or charter tour operator fails to establish or maintain a client trust account for the benefit of the consumers paying money to the travel agency pursuant to section 468L-5 or [468L-5.5] or the rules relating to travel agencies and charter tour operators, the director may file an action in circuit court to obtain an injunction or other appropriate order or judgment. (b) The director shall not be required to post a bond in any action brought under this section. [L 2001, c 62, pt of §2]

  §468L-5.7 Court action for failure to maintain client trust accounts. (a) Whenever a travel agency or charter tour operator fails to establish or maintain a client trust account for the benefit of the consumers paying money to the travel agency pursuant to section 468L-5 or [468L-5.5] or the rules relating to travel agencies and charter tour operators, the director may file an action in circuit court to obtain an injunction or other appropriate order or judgment.  (b) The director shall not be required to post a bond in any action brought under this section. [L 2001, c 62, pt of §2]
HI Rev Stat § 468L-6 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468L. Travel Agencies|468L-6 Disclosure on airline awards.

  §468L-6 Disclosure on airline awards. (a) In the event an airline award is purchased, the following disclosure shall be made in a sales contract, in bold face print, no less than eight-point type, and in a manner reasonably calculated to draw the attention of the reader:  "THIS CONTRACT IS FOR THE SALE OF AN AIRLINE AWARD. CERTAIN AIRLINES HAVE TAKEN THE POSITION THAT THEY MAY VOID AIRLINE AWARDS AT THEIR DISCRETION, AT ANY TIME. IF ANY SUCH VOIDING OCCURS, (name of travel agency) WILL REFUND TO PURCHASER THE PROPORTIONATE AMOUNT OF THE PRICE PAID WITHIN THIRTY (30) DAYS."  (b) For the purposes of this section, "airline award" means any coupon, certificate, voucher, benefit, or tangible thing promised, given, sold, or otherwise transferred by any airline to a consumer in exchange for mileage, credits, bonuses, segments, or other units of value credited to the consumer as an incentive to fly on the airline. [L 1991, c 285, pt of §1]
HI Rev Stat § 468L-7.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468L. Travel Agencies|468L-7.5 Prohibited acts.

 §468L-7.5 Prohibited acts. No travel agency or charter tour operator shall engage in any of the following:  (1) Selling or advertising to sell travel or charter tour services without first registering or renewing a registration with the director under this chapter;  (2) Conducting business as a registered travel agency or charter tour operator without establishing and maintaining a client trust account, in accordance with sections 468L-5, 468L-5.5, and 468L-24 and the rules relating to travel agencies and charter tour operators;  (3) Failing to provide evidence of the establishment of a client trust account or to notify the department of the name of the financial institution at which the client trust account is held or of any change in the account number or location within three business days of any change, in accordance with section 468L-5 and the rules relating to travel agencies and charter tour operators;  (4) Making any false statement, representation, or certification in any application, document, or record required to be submitted, filed, or retained under this chapter;  (5) Misrepresenting the consumer's right to cancel and to receive an appropriate refund or reimbursement as provided under this chapter;  (6) Failing to provide a written statement to the consumer containing specific information as required by section 468L-4;  (7) Failing to provide or otherwise comply with the disclosure requirements of sections 468L-6 and 468L-7;  (8) Failing to make available to the director such books and records as may be requested by the director pursuant to sections 468L-3(6), 468L-5.5, and 468L-28 and the rules relating to travel agencies and charter tour operators;  (9) Promoting travel for prostitution;  (10) Selling, advertising, or otherwise offering to sell travel services or facilitate travel:  (A) For the purpose of engaging in a commercial sexual act;   (B) That consists of tourism packages or activities using and offering sexual acts as enticement for tourism; or  (C) That provides or purports to provide access to or that facilitates the availability of sex escorts or sexual services; or  (11) Otherwise violating any of the provisions of this chapter or its rules.  For purposes of paragraph (10):  "Commercial sexual act" means any sexual contact, as defined in section 707-700, for which anything of value is given to or received by any person.  "Sexual act" means any sexual contact as defined in section 707-700. [L 2001, c 62, pt of §2; am L 2004, c 82, §3] Cross References  Promoting travel for prostitution, class C felony offense, see §712-1208.
HI Rev Stat § 468L-8 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468L. Travel Agencies|468L-8 Restitution.

  §468L-8 Restitution.  Any person who engages in an act or practice that violates any provision of this chapter or rules adopted pursuant hereto may be ordered by a court of proper jurisdiction to make restitution to all persons injured by the act or practice. [L 1991, c 285, pt of §1]
HI Rev Stat § 468L-9 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468L. Travel Agencies|468L-9 Injunctions.

  §468L-9 Injunctions. In any civil proceedings brought pursuant to this chapter, the court may also enjoin any activity that violates this chapter. [L 1991, c 285, pt of §1]
HI Rev Stat § 468L-10 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468L. Travel Agencies|468L-10 Consumer right of action.

  §468L-10 Consumer right of action. Any person who suffers damage as a result of a violation of this chapter shall be entitled to injunctive relief restraining further violations, and may sue to recover damages in any circuit court of the State, and, if successful, shall recover three times the actual damages or $1,000, whichever is greater. In any action brought under this chapter, the prevailing party shall be entitled to the recovery of costs of suit, including reasonable attorney's fees. [L 1991, c 285, pt of §1]
HI Rev Stat § 468L-11 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468L. Travel Agencies|468L-11 Remedies cumulative.

  §468L-11 Remedies cumulative.  Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to remedies or penalties available under other laws of this State. [L 1991, c 285, pt of §1]
HI Rev Stat § 468L-12 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468L. Travel Agencies|468L-12 Criminal penalties.

  §468L-12 Criminal penalties.  A person commits the criminal offense of theft if the person, being a travel agency or an agent, employee, or independent contractor of a travel agency, knowingly or intentionally violates section 468L-5(a), (b), or (c). [L 1991, c 285, pt of §1]
HI Rev Stat § 468L-21 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468L. Travel Agencies|468L-21 Charter tour operator registration as travel agency required.

  §468L-21 Charter tour operator registration as travel agency required. (a) No person shall engage in the business of a charter tour operator unless that person has registered as a travel agency with the director under section 468L-2 and complies with the provisions of this chapter applicable to a travel agency engaged in the business of a charter tour operator.  (b) An application for registration of a charter tour operator as a travel agency or for renewal of a registration of a charter tour operator as a travel agency shall be made on a form provided by the department. In addition to the information required to be provided by all applicants for registration as a travel agency, the form shall require an applicant for registration as a travel agency which intends to engage in the business of a charter tour operator to:  (1) Provide evidence that a charter tour client trust account has been established in accordance with sections 468L-5 and 468L-23;  (2) State whether the applicant intends to operate seven or more charter tours during any twelve months or shorter period of the registration period;  (3) State whether the applicant intends to operate sixteen or more charter tours during any twelve months or shorter period of the registration period; and  (4) Provide evidence that the applicant has complied with the financial performance requirements of section 468L-22. [L 1999, c 258, pt of §3]
HI Rev Stat § 468L-23 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468L. Travel Agencies|468L-23 Charter tour client trust account.

 §468L-23 Charter tour client trust account. Every travel agency engaged in the business of a charter tour operator shall establish and maintain a separate charter tour client trust account solely for the purpose of the travel agency's charter tour business. The charter tour client trust account shall be maintained in accordance with sections 468L-5 and 468L-24. [L 1999, c 258, pt of §3]
HI Rev Stat § 468L-24 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468L. Travel Agencies|468L-24 Maintenance of charter tour operator accounts.

 §468L-24 Maintenance of charter tour operator accounts. (a) Every charter tour operator shall maintain adequate books and records that provide for a proper accounting of total qualified charter tour client trust assets and qualified charter tour client trust liabilities for all charter tours for which funds have been accepted.  (b) Every charter tour operator shall maintain in its books and records a charter tour trust liability account for the purpose of accounting for qualified charter tour client trust liabilities.  (c) The charter tour trust liability account shall only be adjusted in the following manner:  (1) The charter tour trust liability account shall be reduced by the amount of actual payments made by the charter tour operator for air transportation, hotel accommodations, baggage handling, or ground transportation charges with respect to the charter tour operator's current obligations to provide travel services or to past travel services provided by the charter tour operator; provided that the charter tour trust liability account shall not be reduced for any expenditure which constitutes a qualified prepaid charter tour client trust asset;  (2) The charter tour trust liability account shall be reduced by the amount of payments made by the charter tour operator of federal transportation taxes that are payable as a result of a charter tour and for commissions payable to third party travel agents; and  (3) Only after:  (A) All of the liabilities described in paragraphs (1) and (2) with respect to a specific charter tour have been satisfied through payment;  (B) The obligation to provide travel services has been fully provided; and  (C) The travel has been completed; then and only then, may any funds remaining in the charter tour client trust account relating to the specific charter tour be withdrawn from the charter tour client trust account and deposited into the general accounts of the charter tour operator, and the charter tour trust liability account shall be reduced by the amount so withdrawn from the charter tour client trust account. [L 1999, c 258, pt of §3]
HI Rev Stat § 468L-25 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468L. Travel Agencies|468L-25 Maintenance of qualified charter tour client trust assets by charter tour operators.

 §468L-25 Maintenance of qualified charter tour client trust assets by charter tour operators. A charter tour operator shall regularly maintain qualified charter tour client trust assets in an amount which is equal to or exceeds the qualified charter tour client trust liabilities of the charter tour operator. A charter tour operator shall be deemed to be in substantial compliance with the provisions of this section even if, during any twelve-month period, qualified charter tour client trust liabilities exceed qualified charter tour client trust assets for any one, but not more than one, quarterly reporting period applicable under section 468L-26; provided that qualified charter tour client trust assets at all times shall be equal to or exceed not less than ninety per cent of qualified charter tour client trust liabilities. [L 1999, c 258, pt of §3]
HI Rev Stat § 468L-26 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468L. Travel Agencies|468L-26 Quarterly report filing requirements for charter tour operators.

 §468L-26 Quarterly report filing requirements for charter tour operators. Not later than forty-five days after the end of each quarter, each registered travel agency engaging in the business of a charter tour operator, at its own expense, shall file a quarterly report that shall cover the immediately preceding quarter. Each report shall include a statement by an independent certified public accountant that the charter tour client trust account has been maintained in accordance with the requirements of sections 468L-5, 468L-23, and 468L-24, or specifying the grounds on which such a statement cannot be made. [L 1999, c 258, pt of §3]
HI Rev Stat § 468L-27 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468L. Travel Agencies|468L-27 Failure by charter tour operator to file required reports; lack of compliance by charter tour operators; remedies.

 §468L-27 Failure by charter tour operator to file required reports; lack of compliance by charter tour operators; remedies. (a) Any registered travel agency engaged in the business of a charter tour operator which fails to file any report required to be filed under this chapter or which files a report indicating that the charter tour operator is not in compliance with the provisions of this chapter, including without limitation, any report which indicates that the charter tour client trust account is not in compliance with the requirements of this chapter, shall be deemed not to be in substantial compliance with the requirements of this chapter.  (b) In addition to any other remedy available, the director may cause a citation to be issued with respect to a registered travel agency engaged in the business of a charter tour operator that has not acted or is not acting in compliance with any provision of this chapter.  (c) Each citation shall be in writing and shall describe the basis of the citation, including the specific statutory provision alleged to have been violated and may contain an order of abatement directing the travel agency to cease engaging in the business of a charter tour operator and an assessment of administrative fines as provided by this section. All fines collected under this section shall be deposited in the special fund established under section 26-9(o).  (d) Any registered travel agency engaged in the business of a charter tour operator who violates this section shall be assessed an administrative fine of up to:  (1) $25,000 for the first violation;  (2) $50,000 for the second violation; and  (3) $75,000 for any subsequent violations.  (e) Service of a citation issued under this section shall be made by personal service or by certified mail, restricted delivery, sent to the last known business address of the travel agency.  (f) Any person issued a citation under this section may submit a written request, within twenty days from the service of the citation, to the director for a hearing with respect to the violations alleged, the scope of the order of abatement, or the amount of the administrative fine assessed.  (g) If the person issued a citation under this section timely notifies the director of a request for a hearing, the director shall afford an opportunity for a hearing under chapter 91.  (h) If the person issued a citation under this section does not submit a written request to the director for a hearing within twenty days from the service of the citation, the citation shall be transmitted to the director for issuance of a final order.  (i) The sanctions and disposition authorized under this section shall be separate and in addition to all other remedies provided by law.  (j) The director may adopt rules pursuant to chapter 91 necessary for the purpose of this section. [L 1999, c 258, pt of §3]
HI Rev Stat § 468L-28 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468L. Travel Agencies|468L-28 Audit of charter tour operators.

 §468L-28 Audit of charter tour operators. (a) The department may audit the records of any charter tour operator with respect to its funds. For that purpose, the department shall have free access to the office and places of business of the charter tour operator. Notwithstanding section 468L-3(6), the department may contract with a private consultant to audit the records of any charter tour operator, the cost of which shall be borne by the charter tour operator regardless of whether a violation of this chapter is established.  (b) The director, upon notice and hearing pursuant to chapter 91, may temporarily suspend or may revoke the registration as a travel agency of any charter tour operator who fails to cooperate with the department in any examination or audit of the charter tour operator conducted or contracted for by the director. [L 1999, c 258, pt of §3]
HI Rev Stat § 468L-29 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468L. Travel Agencies|468L-29 Violation of charter tour operator provisions.

 §468L-29 Violation of charter tour operator provisions. Without limitation to any other remedies or penalties that may be applicable, any person who knowingly accepts moneys for charter tours without being registered as a travel agency in compliance with this chapter, or any charter tour operator that knowingly is not in compliance with the provisions of this chapter and continues to accept moneys for charter tours, shall be guilty of a misdemeanor. [L 1999, c 258, pt of §3]