reglab/housing_qa huggingface dataset:
HI Rev Stat § 444-26 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-26 Contractors recovery fund; use of fund; person injured; fees.

 §444-26 Contractors recovery fund; use of fund; person injured; fees. (a) The board is authorized to establish and maintain a contractors recovery fund from which any person injured by an act, representation, transaction, or conduct of a duly licensed contractor that is in violation of this chapter or the rules adopted pursuant thereto may recover, by order of the circuit court or district court of the judicial circuit where the violation occurred, an amount of not more than $12,500 per contract, regardless of the number of persons injured under the contract, for damages sustained from the act, representation, transaction, or conduct. Recovery from the fund shall be limited to the actual damages suffered by the claimant, including court costs and fees as set by law and reasonable attorney fees as determined by the court; provided that recovery from the fund shall not be awarded to persons injured by an act, representation, transaction, or conduct of a contractor whose license was suspended, revoked, forfeited, terminated, or in an inactive status at the time the claimant entered into the contract with the contractor.  (b) For purposes of this chapter, "person injured" or "injured person" means and is limited to owners or lessees of private residences, including condominium or cooperative units, who have contracted with a duly licensed contractor for the construction of improvements or alterations to the owners' or lessees' own private residences and owners or lessees of real property who have contracted with a duly licensed contractor for the construction of the owners' or lessees' own private residences on the owners' or lessees' real property.  (c) When any person applies for a contractors license, the person shall pay, in addition to the person's original license fee, a fee of $150 for deposit in the contractors recovery fund and a fee for deposit in the contractors education fund as provided in rules adopted by the director pursuant to chapter 91. If the board does not issue the license, these fees shall be returned to the applicant. [L 1973, c 170, pt of §1; am L 1976, c 144, §1; am L 1977, c 127, §1 and c 152, §2; am L 1983, c 201, §4; gen ch 1985; am L 1989, c 209, §1; am L 1994, c 132, §2; am L 1995, c 20, §8; am L 2019, c 29, § §7, 18(2); am L 2020, c 12, § §1, 8; am L 2021, c 230, §15]
HI Rev Stat § 444-27 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-27 Additional payments to fund.

  §444-27 Additional payments to fund. (a) At any time when the balance remaining in the contractors recovery fund is less than $250,000, the board may assess every contractor a fee not to exceed $500 annually for deposit in the contractors recovery fund.  (b) The failure of any contractor to pay the assessment within sixty days from the date of assessment shall constitute a forfeiture of the contractor's license. The board may impose other penalties or requirements as a condition of restoration of the license. [L 1973, c 170, pt of §1; am L 1977, c 127, §2; am L 1983, c 201, §5; gen ch 1985; am L 1994, c 132, §3]
HI Rev Stat § 444-29 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-29 Management of fund.

  §444-29 Management of fund. (a) The sums received by the contractors license board for deposit in the contractors recovery fund shall be held by the contractors license board in trust for carrying out the purposes of the contractors recovery fund. The contractors license board, as trustee of the recovery fund, shall be authorized to retain private legal counsel to represent the board in any action which may result in collection from the contractors recovery fund. These funds may be invested and reinvested in the same manner as funds of the state employees' retirement system, and the interest from these investments shall be deposited to the credit of the contractors education fund.  (b) The contractors education fund, which is hereby created, shall be available to the contractors license board for educational purposes.  (c) Any law to the contrary notwithstanding, to maintain a reasonable relation between the fees generated and the cost of services rendered by the contractors recovery fund and the contractors education fund, the board may make a finding that a fee adjustment is appropriate and adjust the fees generated by renewals accordingly. For the purposes of finding that a fee adjustment is appropriate in order to maintain a reasonable relation between the fees generated and the cost of services rendered by the funds, the board's review shall include the following:  (1) Frequency and timing of anticipated revenue to the fund;  (2) Identification of a reserve amount based on unanticipated revenue reductions and historical expenditures;  (3) Anticipated expenses paid, including recovery payouts during a biennial budget cycle;  (4) Unanticipated natural disasters or catastrophic weather events that may increase fund payments; and  (5) Any statutory adjustments to fund payout amounts. The balance in each fund shall not exceed sums determined by the board. The sums shall be determined by the board biennially. [L 1973, c 170, pt of §1; am L 2019, c 29, § §8, 18(2); am L 2020, c 12, § §2, 8] Attorney General Opinions  Governs hiring of attorneys for board; compliance with §103-3 unnecessary. Att. Gen. Op. 86-9.
HI Rev Stat § 444-30 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-30 False statement.

  §444-30 False statement. It shall constitute a misdemeanor for any person or the person's agent to file with the contractors license board any notice, statement, or other document required under the provisions of this chapter, which is false or untrue or contains any material misstatement of fact. [L 1973, c 170, pt of §1; gen ch 1985]
HI Rev Stat § 444-31 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-31 The contractors license board has standing in court.

  §444-31 The contractors license board has standing in court. When the contractors license board receives notice, as provided in section 444-28(a), the contractors license board may enter an appearance, file an answer, appear at the court hearing, defend the action or take whatever other action it may deem appropriate. The contractors license board or its legal representative shall be served with all pleadings in an action which may result in a recovery from the contractors recovery fund.  Settlement of any claim against the contractors recovery fund shall be made only with the unanimous agreement of the contractors license board, director of commerce and consumer affairs and attorney general that settlement is in the best interest of the contractors recovery fund. [L 1973, c 170, pt of §1; am L 1982, c 204, §8; am L 1983, c 124, §17]
HI Rev Stat § 444-32 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-32 Subrogation to rights of creditor.

  §444-32 Subrogation to rights of creditor. When, upon the order of the court, the contractors license board has paid from the contractors recovery fund any sum to the judgment creditor, the contractors license board shall be subrogated to all of the rights of the judgment creditor and the judgment creditor shall assign all the judgment creditor's right, title and interest in the judgment to the contractors license board and any amount and interest so recovered by the contractors license board on the judgment shall be deposited to the credit of said fund. [L 1973, c 170, pt of §1; gen ch 1985]
HI Rev Stat § 444-33 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-33 Waiver of rights.

  §444-33 Waiver of rights. The failure of an injured person to comply with all of the provisions of this chapter relating to the contractors recovery fund shall constitute a waiver of any right hereunder. [L 1973, c 170, pt of §1; am L 1977, c 127, §4]
HI Rev Stat § 444-34 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-34 Maximum liability.

  §444-34 Maximum liability. Notwithstanding any other provision, the liability of the contractors recovery fund shall not exceed $25,000 for any licensed contractor. [L 1973, c 170, pt of §1; am L 1975, c 183, §2; am L 1983, c 201, §6]
HI Rev Stat § 444-35 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-35 Disciplinary action against licensee.

  §444-35 Disciplinary action against licensee. Nothing contained herein shall limit the authority of the contractors license board to take disciplinary action against any licensee for a violation of any of the provisions of chapter 444, or of the rules and regulations of the contractors license board; nor shall the repayment in full of all obligations to the contractors recovery fund by any licensed contractor nullify or modify the effect of any other disciplinary proceeding brought pursuant to the provisions of chapter 444 or the rules and regulations. [L 1973, c 170, pt of §1; am L 1975, c 183, §3]
HI Rev Stat § 444-36 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|444. Contractors|444-36 Prosecution of criminal violations.

  §444-36 Prosecution of criminal violations. The regulated industries complaints office shall report any criminal violation of this chapter, including, but not limited to, criminal contempt of court, to the county prosecuting attorney's office or the department of the attorney general for prompt prosecution. [L 1996, c 172, pt of §2]
HI Rev Stat § 445-1 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|445. County Licenses|445-1 Definition: "Treasurer".

Note Sections 445-1 to 445-15 designated and amended as Part I by L 1990, c 164, §28. Case Notes  Cited: 38 H. 433, 434 (1949).   §445-1 Definition: "Treasurer". Whenever used in this chapter "treasurer" means the treasurer or director of finance of any county of the State. [L 1896, c 64, §2; am imp L 1909, c 151, §1; RL 1925, §1955; RL 1935, §2400; RL 1945, §7001; RL 1955, §155-1; HRS §445-1]
HI Rev Stat § 445-2 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|445. County Licenses|445-2 Treasurer to issue.

  §445-2 Treasurer to issue. The treasurer, upon the application of any person, shall issue to the applicant any license in this chapter upon the terms and conditions in this chapter set forth, provided that the county shall have the option to license those businesses enumerated in section 445-15(1). [L 1896, c 64, pt of §1; RL 1925, §1956; RL 1935, §2401; RL 1945, §7002; RL 1955, §155-2; HRS §445-2; am L 1992, c 232, §3] Case Notes  No discretion to refuse license conforming to chapter. 11 H. 57 (1897).
HI Rev Stat § 445-3 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|445. County Licenses|445-3 Signed by whom.

  §445-3 Signed by whom. Every license shall be signed by the treasurer of the county, within which the license is to be operative. [L 1890, c 28, §3; am L 1909, c 151, §3; am L 1913, c 99, §1; am L 1915, c 89, §1; RL 1925, §1957; RL 1935, §2402; RL 1945, §7003; RL 1955, §155-3; am L 1967, c 248, §1; HRS §445-3; gen ch 1985; am L 1990, c 164, §4]
HI Rev Stat § 445-4 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|445. County Licenses|445-4 Fees in advance.

  §445-4 Fees in advance. No license shall be issued under this chapter until the full fee required therein has been paid in advance for the term of one year.  Each treasurer shall account for all fees collected by the treasurer as county realizations. [L 1896, c 64, §6; am L 1909, c 151, pt of §2; RL 1925, pt of §1959; RL 1935, §2404; RL 1945, §7005; RL 1955, §155-5; HRS §445-4; gen ch 1985]
HI Rev Stat § 445-5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|445. County Licenses|445-5 Fees; date when due and payable.

  §445-5 Fees; date when due and payable. All fees for licenses prescribed by any law of the State, except as otherwise specifically provided, shall be due and payable at times to be established by the county within which the license is to be operative. [L 1905, c 32, §1; RL 1925, §1960; RL 1935, §2405; RL 1945, §7006; RL 1955, §155-6; HRS §445-5; am L 1990, c 164, §5] Case Notes  Cited: 36 H. 369, 379 (1943).
HI Rev Stat § 445-6 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|445. County Licenses|445-6 Place of business.

  §445-6 Place of business. Except as otherwise in this chapter provided, a license granted thereunder authorizes the carrying on of the business licensed only at the place indicated in the license, except in case of removal, and upon the written consent of the treasurer indorsed thereon. The place of business is where business transactions are made within an established place of business. [L 1896, c 64, pt of §1; RL 1925, §1961; RL 1935, §2406; RL 1925, §7007; RL 1955, §155-7; am L 1967, c 248, §2; HRS §445-6]
HI Rev Stat § 445-9 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|445. County Licenses|445-9 Canceled on transferring, etc., business; penalty.

  §445-9 Canceled on transferring, etc., business; penalty. If any licensee closes out, transfers, or assigns the business for which a license is held, during the term for which the same was issued, the licensee shall within thirty days from the date of such closing out, transfer, or assignment, notify the treasurer of such fact in writing and return the license to the treasurer for cancellation, under a penalty not to exceed $100 for failure to do so. [L 1890, c 28, §2; am L 1903, c 8, §2; am L 1909, c 151, §4; RL 1925, §1964; RL 1935, §2409; RL 1945, §7010; RL 1955, §155-10; HRS §445-9; am L 1980, c 160, §1; gen ch 1985]
HI Rev Stat § 445-10 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|445. County Licenses|445-10 Term of license.

  §445-10 Term of license. (a) Subject to section 445-5, all licenses issued for carrying on the several businesses or doing the acts specified in this chapter shall be issued by the treasurer in accordance with the terms and conditions and for the fees specified in this chapter, for the respective terms of one year from the several dates of issue.  (b) The treasurer shall suspend, refuse to renew, reinstate, or restore, or deny any license or application if the treasurer has received certification from the child support enforcement agency pursuant to the terms of section 576D-13 that the licensee or applicant is not in compliance with an order of support or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. Unless otherwise provided by law, the treasurer shall grant, reinstate, renew, or restore the license only upon receipt of an authorization from the child support enforcement agency, office of child support hearings, or family court. [L 1896, c 64, pt of §3; RL 1925, §1965; RL 1935, §2410; RL 1945, §7011; RL 1955, §155-11; HRS §445-10; am L 1997, c 293, §19] Case Notes  Cited: 11 H. 221, 222 (1897).
HI Rev Stat § 445-11 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|445. County Licenses|445-11 Exposed to view; penalty.

  §445-11 Exposed to view; penalty. All persons holding a license for any class or kind of business shall keep the license exposed to view, in some prominent place, convenient for inspection, on the premises for which the same is granted. Any person failing to comply with the requirements of this section shall be fined not less than $10 nor more than $50. [L 1890, c 28, §1; am L 1903, c 8, §2; am L 1909, c 151, §5; RL 1925, §1966; RL 1935, §2411; RL 1945, §7012; RL 1955, §155-12; HRS §445-11] Case Notes  Section does not prevent exhibition of license in court in the person's defense. 8 H. 233 (1891).
HI Rev Stat § 445-12 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|445. County Licenses|445-12 Business without license forbidden; not transferable; penalty.

  §445-12 Business without license forbidden; not transferable; penalty. (a) Where a county requires a license for the conduct of any business, or the performance of any act in this chapter enumerated, that business or act, except upon obtaining a license from the appropriate county, is forbidden.  (b) No license required and issued by a county under this chapter shall be transferable.  (c) Any person who:  (1) Engages in or carries on any business, or does any act enumerated in this chapter, the engaging in or doing of which is required to be licensed in the county in which the business is conducted or act is performed, without first obtaining a license from that county;  (2) Sells any goods, wares, merchandise, produce, or thing of value, contrary to the terms of this chapter; or  (3) Violates or fails to observe this chapter; shall be fined a maximum of $500 per day, unless otherwise provided in this chapter. [L 1896, c 64, pt of §3; RL 1925, §1967; RL 1935, §2412; RL 1945, §7013; RL 1955, §155-13; HRS §445-12; am L 1990, c 164, §8; am L 1992, c 232, §4] Case Notes  To justify exercise of police power, act must relate to health, comfort, safety, or welfare of public. 7 H. 489 (1888).  Cited: 11 H. 221, 222 (1897).
HI Rev Stat § 445-13 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|445. County Licenses|445-13 License inspectors.

  §445-13 License inspectors. The deputy sheriff of Kalawao, any police officer, or any authorized representative of the county director of finance duly authorized by a chief of police shall be ex officio license inspectors of the counties for which they are appointed or authorized, and as such, they shall from time to time report to the county director of finance the names of all persons within the county who are liable for the payment of license fees. [L 1913, c 115, §1; RL 1925, §1968; RL 1935, §2413; RL 1945, §7014; RL 1955, §155-14; HRS §445-13; am L 1990, c 164, §9]
HI Rev Stat § 445-14 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|445. County Licenses|445-14 Limits of license.

  §445-14 Limits of license. Except as otherwise in this chapter provided, a license granted thereunder authorizes the carrying on of the business licensed only at the place indicated in the license. A license granted to carry on a business from place to place shall be limited to the county in which the business is to be conducted. [L 1923, c 266, §3; RL 1925, §2113; RL 1935, §2415; RL 1945, §7016; RL 1955, §155-15; am L 1967, c 248, §3; HRS §445-14]
HI Rev Stat § 445-15 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|445. County Licenses|445-15 Control by ordinance.

  §445-15 Control by ordinance. Each council has the power by ordinance:  (1) To require, or eliminate the requirement for, the licensing of auctions under part II of this chapter, secondhand dealers under part VII of this chapter, and scrap dealers under part X of this chapter;  (2) To impose annual license fees;  (3) To increase, decrease, or waive effective upon the expiration of any existing license, the annual fee for a license issued under this chapter, or to exempt wholly or partially, the payment by any religious, charitable, or educational organization or institution of any license fee imposed in this chapter or any ordinance enacted hereunder with respect to any business which is not regularly engaged in or carried on by such organization or institution; and  (4) To adopt rules not inconsistent with law concerning the conduct of the business of all persons licensed under this chapter, as deemed necessary for the public health, safety, or welfare. [L 1913, c 114, §1; RL 1925, §2116; RL 1935, §2416; RL 1945, §7017; am L 1955, c 235, §1; RL 1955, §155-16; am L 1957, c 128, §1; HRS §445-15; am L 1986, c 59, §1; am L 1990, c 164, §10; am L 1992, c 232, §5] Revision Note  "Council" substituted for "board of supervisors or city council" to conform to terminology of county charters. Case Notes  Under similar law held that city and county was without authority to require physicians, dentists, and lawyers to obtain a city and county license. 29 H. 422 (1926).  Cited: 26 H. 719, 722 (1923).
HI Rev Stat § 445-16 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|445. County Licenses|445-16 REPEALED.

  §445-16 REPEALED. L 1990, c 164, §11.
HI Rev Stat § 445-21 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|445. County Licenses|445-21 Fee.

Note Sections 445-21 to 445-38 designated as Part II by L 1990, c 164, §28.  Assessment under §26H-4 removed. L 1992, c 232, §1.   §445-21 Fee. The annual fee for a license to sell goods, wares, merchandise, or other property at auction, shall be $100 for each taxation district. [L 1896, c 64, §25; RL 1925, §1973; am L Sp 1932 2d, c 66, §1; RL 1935, §2417; RL 1945, §7018; RL 1955, §155-18; HRS §445-21; am L 1990, c 164, §12] Case Notes  Discrimination in amount not unconstitutional. 19 H. 651 (1909), aff'd 226 U.S. 184 (1912).  Public auction defined. 19 H. 651 (1909).  "Thirty day money-back guarantee" did not prevent sale from constituting an auction. 51 H. 502, 463 P.2d 914 (1970).
HI Rev Stat § 445-23 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|445. County Licenses|445-23 Hours for auctions.

  §445-23 Hours for auctions. No auction sale of goods, wares, and merchandise shall be conducted between the hours of 9:00 o'clock in the evening and 8:00 o'clock in the morning, and no such auction of any nature or description shall be conducted during the months of November and December of any year; provided that this section shall not apply to:  (1) Sales of household furniture, vehicles, automobiles, machinery, livestock, and like bulky articles;  (2) Any sale made under the direction of any court;  (3) Sales of any personal property belonging to the State or any county;  (4) A bona fide sale of a stock of merchandise, where the creditors of the owner thereof are engaged in the legitimate closing out of the stock;  (5) Sales by hawkers on the street or peddlers from vehicles;  (6) Sales by persons selling fruits, fish, seafood products, vegetables, butter, eggs, or other farm or ranch produce; or  (7) Auctions held in public auction rooms that have been established for six months or more. [L 1925, c 195, pt of §1; am L 1933, c 145, §1; RL 1935, §2419; RL 1945, §7020; RL 1955, §155-20; am L 1965, c 183, §1; HRS §445-23; am L 1993, c 272, §2]
HI Rev Stat § 445-24 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|445. County Licenses|445-24 Fictitious bids.

  §445-24 Fictitious bids. At any auction sale it shall be unlawful for any person to procure any person to make fictitious bids, or to conspire with any person to make any fictitious bid, or knowingly to permit any person to make a fictitious bid; or for any auctioneer fictitiously to raise any bid oneself; or for any person to act as a by-bidder, or what is commonly known as a "capper", "booster", or "shiller", or offer to make any false or fictitious bid, or pretend to bid for, or pretend to buy, any article sold or offered for sale. [L 1925, c 195, pt of §1; RL 1935, §2420; RL 1945, §7021; RL 1955, §155-21; HRS §445-24; gen ch 1985] Case Notes  Seller in auction not having held out that highest bid would be accepted is not bound by it. 5 H. 325 (1885).