reglab/housing_qa huggingface dataset:
HI Rev Stat § 468M-1 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468M. Activity Providers and Activity Desks|468M-1 Definitions.

  §468M-1 Definitions. Whenever used in this chapter, unless the context otherwise requires:  "Activity desk" means any sole proprietorship, organization, trust, group, association, partnership, corporation, society, or combination thereof, which for compensation or other consideration, acts or attempts to act as an intermediary to sell, contract for, arrange, or advertise that it can or will arrange, or has arranged, activities which are furnished by an activity provider. This chapter shall not apply to any hotel as defined under section 486K-1, or air carrier as defined by the Federal Aviation Act of 1958 (49 U.S.C.S. Appx §1301), as amended, for services for which they do not accept consumer moneys for services other than their own.  "Activity provider" means an individual, firm, corporation, association, partnership, or any group of persons, whether incorporated or not, which provides specialized air, land, or sea tour excursions and activities, but does not mean sellers of airline coupons or tickets.  "Department" means the department of commerce and consumer affairs.  "Director" means the director of commerce and consumer affairs.  "Net sales" means gross sales minus the commission paid to activity desks. [L 1990, c 214, pt of §1, §2; am L 1991, c 240, pt of §1, § §2, 4; am L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
HI Rev Stat § 468M-2 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468M. Activity Providers and Activity Desks|468M-2 Registration required.

  §468M-2 Registration required. (a) Activity desks shall register with the director prior to engaging in the business of selling, contracting for, arranging, or advertising that it can or will arrange, activities which are furnished by an activity provider. Notwithstanding section 468M-7, any activity desk that violates the provisions of this section or rules promulgated pursuant thereto shall be fined a sum of $100 for each day the activity desk is in violation. The sum shall be collected in a civil suit brought by the department.  (b) Registration shall expire on December 31 of each odd-numbered year. Before December 31 of each odd-numbered year, the director or the director's authorized delegate shall mail a renewal application for registration to the address on record of the registrant.  (c) The director by rule, shall establish fees and requirements for registration, maintenance of registration, renewal, restoration of registration, of activity desks. [L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
HI Rev Stat § 468M-2.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468M. Activity Providers and Activity Desks|468M-2.5 Activity desk principal; responsibilities.

  §468M-2.5 Activity desk principal; responsibilities. (a) Each activity desk shall designate a principal who shall have direct management and supervision of the activity desk, including but not limited to compliance with sections 468M-9 and 468M-10.  (b) The activity desk shall designate the activity desk principal with each registration and registration renewal and shall provide notification in writing to the department within ten days after any change in the designation of the activity desk principal.  (c) The activity desk shall disclose the name and contact information of the activity desk principal to a client trust account beneficiary upon request.  (d) For purposes of this section, "principal" means a corporate officer or director, a partner in a partnership, a sole proprietor, or an individual with an ownership interest in the activity desk who shall be a signatory of any client trust account of the activity desk. [L 2015, c 61, §1]
HI Rev Stat § 468M-3 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468M. Activity Providers and Activity Desks|468M-3 Prohibited acts.

  §468M-3 Prohibited acts. No activity desk shall engage in any of the following practices:  (1) Covering, concealing, or obscuring the name, address, or telephone number of an activity provider in any card or brochure;  (2) Placing a telephone number, address, or other information on any card, brochure, or other advertising material produced or published by an activity provider, whether by decal, sticker, stamp, or otherwise, without identifying the activity desk by name, address, and registration number;  (3) Using a promotional card or brochure that does not clearly display the name and telephone number of the activity provider whose activity is being sold or booked when the activity is located in this State;  (4) Withdrawing any funds of a consumer from a client trust account, other than a sales commission up to a maximum of fifteen per cent or to make a refund to the consumer, until the activity provider has been paid;  (5) Failing to possess a current and valid registration prior to engaging in business or advertising as an activity desk; or   (6) Failing to obtain full payment for an activity prior to or at the time activity reservations are booked or placed with the activity provider or within three business days thereafter, except where the reservation specifically provides for direct payment of the amounts owed to the activity provider at the time of the activity. [L 1990, c 214, pt of §1, §2; am L 1991, c 240, pt of §1, § §2, 4; ren and am L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2; am L 2010, c 150, §2]
HI Rev Stat § 468M-4 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468M. Activity Providers and Activity Desks|468M-4 Payment provision.

  §468M-4 Payment provision. Unless the express written contract has a provision to the contrary, payment shall be due and payable thirty days from the date of invoice. [L 1990, c 214, pt of §1, §2; ree L 1991, c 240, pt of §1, § §2, 4; ren and am L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
HI Rev Stat § 468M-5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468M. Activity Providers and Activity Desks|468M-5 Legal rate; computation.

  §468M-5 Legal rate; computation. Except as otherwise permitted by existing written contract, any activity desk that directly or indirectly receives any interest on the payment due to the activity provider, shall remit the interest and the payment due to the activity provider; provided that if the interest and payment due are not remitted within thirty days from the date of invoice, interest on the unpaid balance of the interest and payment due shall accrue at the rate of one per cent per month from the due date. [L 1990, c 214, pt of §1, §2; ree L 1991, c 240, pt of §1, § §2, 4; ren and am L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
HI Rev Stat § 468M-6 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468M. Activity Providers and Activity Desks|468M-6 Injunctive relief; suits.

  §468M-6 Injunctive relief; suits. (a) Any activity provider may bring suit to enjoin any violation of this chapter and may sue in the circuit court in the circuit in which the defendant resides or has an agent or in which the violation has occurred.  (b) Any activity providers association may bring suit to enjoin any violation of this chapter and may sue in the circuit court in the circuit in which the defendant resides or has an agent or in which the violation has occurred. The relief available to an activity providers association shall be limited to injunctive and declarative relief and shall not include a right to damages. As used in this section, "activity providers association" means a bona fide trade association of activity providers.  (c) The prevailing party, in a civil action brought under this chapter, shall be entitled to recover the costs of the suit, including reasonable attorney's fees. [L 1990, c 214, pt of §1, §2; am L 1991, c 240, pt of §1, § §2, 4; ren and am L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
HI Rev Stat § 468M-7 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468M. Activity Providers and Activity Desks|468M-7 Action for damages.

  §468M-7  Action for damages. Any activity desk shall be liable to the activity provider for a violation of this chapter for any damages which result from a violation. Damages shall be awarded at the rate of no less than $1,000 for each violation. Violations shall be calculated as follows:  (1) For violations of section 468M-3(1), (2), or (3), by multiplying the number of days the violations occurred by the number of locations of an activity desk where the violations occurred;  (2) For violations of section 468M-3(4), by counting the number of days where the client trust account held funds insufficient to meet the requirements of section 468M-3(4); and  (3) Notwithstanding paragraphs (1) and (2), not more than $10,000 shall be awarded if the activity desk has not previously been required to pay damages to an activity provider pursuant to this section. [L 1990, c 214, pt of §1, §2; am L 1991, c 240, pt of §1, § §2, 4; ren and am L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
HI Rev Stat § 468M-8 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468M. Activity Providers and Activity Desks|468M-8 Requirements for offering discounts.

  §468M-8  Requirements for offering discounts. When a discount offered for any activity is contingent upon any requirement that the recipient of the discount first attend a sales presentation of any kind, the activity desk shall disclose the requirement in writing to the recipient of the discount before any payment is made. Failure to do so shall constitute a false and deceptive business practice subject to a civil fine of not less than $1,000 per day for each occurrence. [L 1990, c 214, pt of §1, §2; am L 1991, c 240, pt of §1, § §2, 4; ren and am L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
HI Rev Stat § 468M-9 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468M. Activity Providers and Activity Desks|468M-9 Client trust accounts; maintenance of and withdrawal from accounts.

  §468M-9 Client trust accounts; maintenance of and withdrawal from accounts.  (a) Within three business days of receipt, an activity desk shall deposit all sums received from a consumer for excursions or activities offered by the activity desk in a trust account maintained in a federally insured financial institution located in Hawaii. All sums paid by any person to an activity desk for activities furnished by an activity provider shall be held in trust for the benefit of the person making the payment and the activity provider. The activity desk shall be considered the trustee of the funds paid into the client trust account, less any commission.  (b) The trust account required by this section shall be established and maintained for the benefit of the consumers paying money to the activity desk and the activity provider. The activity desk shall not in any manner encumber the amounts in trust and shall not withdraw money therefrom except:  (1) In partial or full payment to the activity provider directly providing the services for excursion or activities; or  (2) To make refunds as required by this chapter.  (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;  (3) Refunds; or  (4) Remaining funds of a consumer once the activity provider has been paid.  (d) At the time of registration, the activity desk shall file with the department the account number and the name of the financial institution at which the trust account is held or submit a bond or letter of credit as provided in section 468M-10. The activity desk shall notify the department of any change in the account number or location within one business day of the change. [L 1991, c 240, pt of §1, § §2, 4; ren and am L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2; am L 2010, c 150, §3]
HI Rev Stat § 468M-9.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468M. Activity Providers and Activity Desks|468M-9.5 Record keeping requirements for client trust accounts.

  §468M-9.5 Record keeping requirements for client trust accounts. (a) An activity desk shall maintain all books and records necessary to comply with this chapter and any rules adopted pursuant to this chapter and shall make all records relating to client trust accounts available for inspection and audit within three business days of a written request by the director. Nothing in this section shall prevent the director from inspecting or auditing the books and records of an activity desk as otherwise provided in this chapter or rules adopted by the director pursuant to chapter 91.   (b) An activity desk shall keep and maintain copies of all bank statements, deposit slips, canceled checks, drafts, and wire or electronic transaction documents relating to client trust accounts for a period of at least two years. [L 2010, c 150, §1]
HI Rev Stat § 468M-11 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468M. Activity Providers and Activity Desks|468M-11 Violations; fraud.

  §468M-11  Violations; fraud. Any violations by an activity desk of any law relating to client trust accounts or the bond or letter of credit pursuant to section 468M-10 shall constitute a prima facie showing of fraud on the part of the activity desk and may not be dischargeable as a debt to a consumer or an activity provider in any bankruptcy proceeding. [L 1991, c 240, pt of §1, § §2, 4; ren and am L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
HI Rev Stat § 468M-12 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468M. Activity Providers and Activity Desks|468M-12 Restitution.

  §468M-12 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 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
HI Rev Stat § 468M-13 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468M. Activity Providers and Activity Desks|468M-13 Injunctions.

  §468M-13 Injunctions. In any civil proceeding brought pursuant to this chapter, the court may also enjoin any activity that violates this chapter. [L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
HI Rev Stat § 468M-14 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468M. Activity Providers and Activity Desks|468M-14 Consumer right of action.

  §468M-14 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 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
HI Rev Stat § 468M-15 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468M. Activity Providers and Activity Desks|468M-15 Remedies cumulative.

  §468M-15 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 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
HI Rev Stat § 468M-16 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468M. Activity Providers and Activity Desks|468M-16 Criminal penalties.

  §468M-16 Criminal penalties.  A person commits the criminal offense of theft if the person, being an activity desk or an agent, employee, or independent contractor of an activity desk, knowingly or intentionally violates section 468M-9(a), (b) or (c) of this chapter. [L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
HI Rev Stat § 468M-17 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|468M. Activity Providers and Activity Desks|468M-17 Rules.

  §468M-17 Rules. Subject to chapter 91, the director may adopt such rules as the director deems necessary for the effective administration and enforcement of this chapter. [L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2; am L 1999, c 18, §14]
HI Rev Stat § 469-1 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|469. Undertakers, Embalmers, Funeral Directors|469-1 License.

  §469-1 License. The department of health may, upon payment to it of an examination fee, examine, or cause to be examined by not less than two practicing embalmers, undertakers, or funeral directors, any person over eighteen years of age, of good moral character, and with qualifications specified in one of the following categories:  (1) A minimum of five years practical experience under the supervision of a registered embalmer or undertaker in the State.  (2) A minimum of two years practical experience under the supervision of a registered embalmer or undertaker in the State and completion of a four-year high school course or equivalent educational training.  (3) Not less than one year of practical experience and graduation from a recognized school of embalming.  (4) Holder of a state license for embalming.  All examinations shall be conducted in writing and supplemented by practical demonstrations and shall be upon such subjects as the department may by rule prescribe. Every person who passes the examination shall be given a license as an embalmer. [L 1933, c 36, §1; RL 1935, §1450; am L 1943, c 57, pt of §1; RL 1945, §3051; RL 1955, §72-1; am L 1957, c 316, §8; am L 1959, c 111, §1; am L Sp 1959 2d, c 1, §19; HRS §469-1; am L 1972, c 2, §28; am L 1983, c 53, §1] Cross References  Disposal of examination records, see §94-5.
HI Rev Stat § 469-2 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|469. Undertakers, Embalmers, Funeral Directors|469-2 Rules.

  §469-2 Rules. The department of health may prescribe such rules as it deems reasonable and proper relating to the practice of embalming, to the business of an undertaker, or to the sanitary condition of places where such business or practice is conducted. The rules of the department may prescribe an original registration fee for the engaging by any person in the business of an undertaker and an annual renewal fee. [L 1937, c 174, §1; am L 1943, c 57, pt of §1; RL 1945, §3052; RL 1955, §72-2; am L 1957, c 316, §9; am L Sp 1959 2d, c 1, §19; HRS §469-2; am L 1983, c 53, §2] Cross References  Rulemaking procedure, see chapter 91.
HI Rev Stat § 469-3 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|469. Undertakers, Embalmers, Funeral Directors|469-3 Renewal of license.

  §469-3 Renewal of license. Each licensed embalmer or licensed undertaker or funeral director shall, between July 1 and 10 of each year, renew the embalmer's or undertaker's or funeral director's license by registering with the department of health and by paying a renewal fee. Every license that is not so renewed shall expire on August 1 and shall not be renewed except upon the payment of a delinquent fee. [L 1933, c 36, §2; RL 1935, §1451; RL 1945, §3053; RL 1955, §72-3; am L 1959, c 111, §2; am L Sp 1959 2d, c 1, §19; HRS §469-3; am L 1983, c 53, §3; gen ch 1985]
HI Rev Stat § 469-4 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|469. Undertakers, Embalmers, Funeral Directors|469-4 Registration of apprentices.

  §469-4 Registration of apprentices. Any person at least eighteen years of age, of good moral character, may qualify as an apprentice under a regularly licensed embalmer. The person shall register with the department of health, and, upon the payment of a fee, a certificate of apprenticeship shall be issued the person.  On or between July 1 and 10 of each year, the person shall renew the person's certificate of registration and pay a renewal fee. If the renewal fee is not paid within thirty days from the date due, a penalty fee for delinquency attaches and becomes a part of the total fee due the department of health for such renewal. The applicant shall also file an affidavit of three citizens who have known the applicant during the past two years, certifying to the applicant's moral character. [L 1933, c 36, §3; RL 1935, §1452; am L 1943, c 57, pt of §1; RL 1945, §3054; RL 1955, §72-4; am L 1957, c 316, §10; am L Sp 1959 2d, c 1, §19; HRS §469-4; am L 1983, c 53, §4; gen ch 1985]
HI Rev Stat § 469-5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|469. Undertakers, Embalmers, Funeral Directors|469-5 Disposition of fees.

  §469-5 Disposition of fees. All fees collected by the board shall be deposited by the department of health with the director of finance to the credit of the general fund. [L 1933, c 36, §4; RL 1935, §1453; RL 1945, §3055; RL 1955, §72-5; am L Sp 1959 2d, c 1, § §14, 19; am L 1961, c 184, §16; am L 1963, c 114, §1; HRS §469-5]
HI Rev Stat § 469-6 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|469. Undertakers, Embalmers, Funeral Directors|469-6 Revocation of license.

  §469-6 Revocation of license. A license may be revoked by the department of health upon proof to its satisfaction of violation of any rule or regulation of the department in any respect in regard thereto. Every person so charged shall be given notice and opportunity for hearing in conformity with chapter 91. [L 1933, c 36, §5; RL 1935, §1454; RL 1945, §3056; RL 1955, §72-6; am L 1965, c 96, §53; HRS §469-6]
HI Rev Stat § 469-7 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|469. Undertakers, Embalmers, Funeral Directors|469-7 Powers of department to subpoena witnesses, etc.

  §469-7 Powers of department to subpoena witnesses, etc. The department of health may subpoena and examine witnesses under oath upon all such charges as may be preferred before it, and the circuit court of the circuit in which the hearing is held shall enforce by proper proceedings the attendance and testimony of witnesses so subpoenaed. [L 1933, c 36, §6; RL 1935, §1455; RL 1945, §3057; RL 1955, §72-7; am L Sp 1959 2d, c 1, §19; HRS §469-7]
HI Rev Stat § 469-8 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|469. Undertakers, Embalmers, Funeral Directors|469-8 Penalty.

  §469-8 Penalty. Any person who practices as an embalmer or undertaker without being registered with the department of health as herein provided shall be fined not less than $50 nor more than $250 or imprisoned not less than thirty days nor more than ninety days, or both. [L 1933, c 36, §7; RL 1935, §1456; RL 1945, §3058; RL 1955, §72-8; am L Sp 1959 2d, c 1, §19; HRS §469-8] Cross References  Classification of offense and authorized punishment, see § §701-107, 706-640 and 706-663.