reglab/housing_qa huggingface dataset:
HI Rev Stat § 482P-4.5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482P. Publicity Rights|482P-4.5 Recording, issuance, and effect of certificate.

 §482P-4.5 Recording, issuance, and effect of certificate. (a) Any person desiring to register a publicity rights name may obtain a certificate of registration of the publicity rights name as provided in this section. The director shall have the power reasonably necessary to perform the duties required of the director under this section, and to administer the section efficiently.  (b) To receive a certificate of registration of a publicity rights name, a person shall file in the office of the director an application for registration. The application for registration shall include a publicity rights name that consists of the assigning individual or personality's full legal name. The application for registration form shall include other information as prescribed by the director.  (c) Upon filing the application form, the applicant shall pay to the director a fee of $50. A special handling fee of $20 for expediting registration of a publicity rights name shall be assessed by the director. All fees and special handling fees shall be credited to the compliance resolution fund established under section 26-9(o).  (d) Upon receiving the application form accompanied by the fee, the director shall cause the publicity rights name to be recorded and shall issue a certificate of registration to the applicant.  (e) The term of registration of a publicity rights name shall be five years beginning from the date of registration. The registration may be renewed for additional five-year periods by filing a renewal application within six months prior to the expiration of each current term and complying with the renewal requirements prescribed by the director.  (f) If a document delivered to the director for filing satisfies the requirements of this section, the director shall file it.  (g) The director shall file a document by stamping or otherwise endorsing the document, including the date and time of receipt.  (h) If the director refuses to file a document, the director shall return it to the applicant or the applicant's representative together with a brief, written statement of the reason for the director's refusal.  (i) The director's duty to file documents under this section is ministerial. The director's filing or refusing to file a document shall not:  (1) Affect the validity or invalidity of the document in whole or in part;  (2) Relate to the correctness or incorrectness of information contained in the document; or  (3) Create a presumption that the document is valid or invalid, or that information contained in the document is correct or incorrect. Disputes between applicants with respect to a registered publicity rights name shall be determined by a court of competent jurisdiction. [L 2010, c 62, §2]
HI Rev Stat § 482P-5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482P. Publicity Rights|482P-5 Infringement of right; use without consent; profit or not for profit.

  §482P-5 Infringement of right; use without consent; profit or not for profit. Except as provided in section 482P-7, any person who uses or authorizes the use of a living or deceased individual's or personality's name, voice, signature, or likeness, on or in goods, merchandise, or services entered into commerce in this State, or for purposes of advertising products, merchandise, goods, or services, or for purposes of fund-raising or solicitation of donations, or if any person disseminates or publishes advertisements in this State that contain a living or deceased individual's or personality's name, voice, signature, or likeness, without express or implied consent of the owner of the right, has infringed a publicity right under this chapter. An infringement may occur under this section without regard to whether the use or activity is for profit or not for profit. [L Sp 2009, c 28, pt of §2]
HI Rev Stat § 483-1 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|483. Uniform Joint Obligations Act|483-1 Definitions; limitations of law.

  §483-1 Definitions; limitations of law. In this chapter, unless otherwise expressly stated:  "Obligation" does not include a liability in tort.  "Obligee" does not include a person having a right based on a tort.  "Obligor" does not include a person liable for a tort.  "Several obligors" means obligors severally bound for the same performance. [L 1941, c 60, §1; RL 1945, §8741; RL 1955, §192-1; HRS §483-1; am L 2008, c 19, §48] Case Notes  Where case involved the joint and several debt of defendants under an agreement of sale and did not involve joint tortfeasors, trial court erred in ruling that this chapter was not applicable to defendants' joint and several obligation to plaintiff. 89 H. 461 (App.), 974 P.2d 1051.
HI Rev Stat § 483-2 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|483. Uniform Joint Obligations Act|483-2 Co-obligor not discharged when.

  §483-2 Co-obligor not discharged when. A judgment against one or more of several obligors, or against one or more of joint, or of joint and several obligors shall not discharge a co-obligor who was not a party to the proceeding wherein the judgment was rendered. [L 1941, c 60, §2; RL 1945, §8742; RL 1955, §192-2; HRS §483-2] Case Notes  Based on the facts and issues raised in plaintiff €™s complaint, the nature of the grievance and the relief sought, where the essential character of the underlying action was one of equitable contribution under this section and was not an action in the nature of assumpsit under §607-14, the circuit court abused its discretion in awarding attorney €™s fees and costs to defendants under §607-14. 128 H. 366 (App.), 289 P.3d 1002 (2012).  Cited: 42 H. 111, 115.
HI Rev Stat § 483-3 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|483. Uniform Joint Obligations Act|483-3 Crediting of payments made to obligee.

  §483-3 Crediting of payments made to obligee. The amount or value of any consideration received by the obligee from one or more of several obligors, or from one or more of joint, or of joint and several obligors, in whole or in partial satisfaction of their obligations, shall be credited to the extent of the amount received on the obligations of all co-obligors to whom the obligor or obligors giving the consideration did not stand in the relation of a surety. [L 1941, c 60, §3; RL 1945, §8743; RL 1955, §192-3; HRS §483-3] Case Notes  Under this section, when an obligee has received full satisfaction of a debt from a co-obligor, all other co-obligors are discharged, even if the obligee did not intend to release the other co-obligors. 89 H. 461 (App.), 974 P.2d 1051.
HI Rev Stat § 483-4 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|483. Uniform Joint Obligations Act|483-4 Effect of obligee's release to one or more.

  §483-4 Effect of obligee's release to one or more. 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. [L 1941, c 60, §4; RL 1945, §8744; RL 1955, §192-4; HRS §483-4; gen ch 1985] Case Notes  Where there was no reservation of rights in purchase agreement option by obligee against one co-obligor and no relationship between the co-obligors as joint debtors requiring payment, indemnification or contribution, §483-5 did not apply; thus, as there was no reservation of rights in purchase option by obligee against one co-obligor, as required under this section, the purchase option which discharged that co-obligor from liability for the balance due under the agreement of sale discharged the other co-obligor as well. 89 H. 461 (App.), 974 P.2d 1051.
HI Rev Stat § 483-5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|483. Uniform Joint Obligations Act|483-5 Effect of knowledge of obligee in making release.

  §483-5 Effect of knowledge of obligee in making release. If an obligee releasing or discharging an obligor without express reservation of rights against a co-obligor, then knows or has reason to know that the obligor released or discharged did not pay so much of the claim as the obligor was bound by the obligor's contract or relation with that co-obligor to pay, the obligee's claim against that co-obligor shall be satisfied to the amount which the obligee knew or had reason to know that the released or discharged obligor was bound to such co-obligor to pay.   If an obligee so releasing or discharging an obligor has not then such knowledge or reason to know, the obligee's claim against the co-obligor shall be satisfied to the extent of the lesser of two amounts, namely (1) the amount of the fractional share of the obligor released or discharged, or (2) the amount that such obligor was bound by the obligor's contract or relation with the co-obligor to pay. [L 1941, c 60, §5; RL 1945, §8745; RL 1955, §192-5; HRS §483-5; gen ch 1985] Case Notes  Where there was no reservation of rights in purchase agreement option by obligee against one co-obligor and no relationship between the co-obligors as joint debtors requiring payment, indemnification or contribution, this section did not apply; thus, as there was no reservation of rights in purchase option by obligee against one co-obligor, as required under §483-4, the purchase option which discharged that co-obligor from liability for the balance due under the agreement of sale discharged the other co-obligor as well. 89 H. 461 (App.), 974 P.2d 1051.
HI Rev Stat § 483-6 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|483. Uniform Joint Obligations Act|483-6 Executor or administrator of joint obligor bound.

  §483-6 Executor or administrator of joint obligor bound. On the death of a joint obligor in contract, the joint obligor's personal representative shall be bound as such jointly with the surviving obligor or obligors. [L 1941, c 60, §6; RL 1945, §8746; RL 1955, §192-6; HRS §483-6; am L 1976, c 200, pt of §1; gen ch 1985]
HI Rev Stat § 484-2 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|484. Uniform Land Sales Practices Act|484-2 Administration.

  §484-2 Administration. This chapter shall be administered by the director of commerce and consumer affairs. [L 1967, c 223, §2; HRS §484-2; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 2008, c 19, §50]
HI Rev Stat § 484-4 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|484. Uniform Land Sales Practices Act|484-4 Prohibitions on dispositions of interests in subdivisions.

  §484-4 Prohibitions on dispositions of interests in subdivisions. 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]
HI Rev Stat § 484-7 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|484. Uniform Land Sales Practices Act|484-7 Notice of filing; inquiry and examination.

  §484-7 Notice of filing; inquiry and examination. Upon receipt of a complete application for registration in proper form, including all standardized application forms, if any, prescribed by the director, the director shall issue a notice of filing to the applicant subject to section 484-20, and forthwith initiate an examination to determine that:  (1) The subdivider can convey or cause to be conveyed the interest in subdivided lands offered for disposition if the purchaser complies with the terms of the offer, and when appropriate, that release clauses, conveyances in trust, or other safeguards have been provided;  (2) There is reasonable assurance that all proposed improvements will be completed as represented;  (3) The advertising material and the general promotional plan are not false or misleading and comply with the standards prescribed by the rules adopted by the director and afford full and fair disclosure;  (4) The subdivider has not, or if a corporation, its officers, directors, and principals have not, been convicted of a crime involving land dispositions or any aspect of the land sales business in this State, [the] United States, or any other state or foreign country within the past ten years and has not been subject to any injunction or administrative order within the past ten years restraining a false or misleading promotional plan involving land dispositions;  (5) The public offering statement requirements of this chapter and the rules have been satisfied;  (6) The purchaser has a seven-day period, after signing a contract to purchase subdivided lands from the subdivider, to rescind the contract at no penalty to the purchaser, and the subdivider has established a mechanism by which the purchaser will receive and sign a receipt for a written notice of such rescission right and the receipt will be deposited with the escrow agent; and  (7) Preliminary or final subdivision approval has been granted by the county in which the land is situated. [L 1967, c 223, §7; HRS §484-7; am L 1983, c 175, §6; am L 1992, c 132, §6]
HI Rev Stat § 484-8 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|484. Uniform Land Sales Practices Act|484-8 Orders of registration and rejection; general provisions.

  §484-8 Orders of registration and rejection; general provisions. (a) Within forty-five days from the date of the notice of filing, the director shall enter a preliminary or final order registering the subdivided lands or rejecting the registration.  Unless the applicant has consented in writing to a delay, the land shall be deemed registered if the director fails to enter an order of rejection within forty-five days from the date of the notice of filing.  (b) If, in the case of an application for a final order of registration, the director affirmatively determines, upon inquiry and examination, that the requirements of section 484-7 have been met, the director shall enter a final order registering the subdivided lands and shall designate the form of the public offering statement.  (c) If the director determines upon inquiry and examination that, in the case of an application for a final order of registration, any of the requirements of section 484-7, have not been met, the director shall notify the applicant that the application for a final 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. [L 1967, c 223, §8; HRS §484-8; am L 1983, c 175, §7; am L 1992, c 132, §7] Cross References  Hearings, see chapter 91.
HI Rev Stat § 484-8.7 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|484. Uniform Land Sales Practices Act|484-8.7 Copy of amended public offering statements to be given to prospective purchasers.

  §484-8.7 Copy of amended public offering statements to be given to prospective purchasers. If a subdivider enters into a reservation agreement with a prospective purchaser for the subdivision before the issuance of a final order, any sales contract later entered into by the subdivider and that prospective purchaser after the final order is issued shall not be binding on the purchaser until the requirements of section 484-8.6(b) have been met, and unless any amended public offering statement required by the director under section 484-8.6(d) is provided to the prospective purchaser before the purchaser signs the sales contract.  The requirements of section 484-8.6(b) shall apply as if the purchaser had signed the purchaser's sales contract before the final order was entered by the director; provided that the requirements of this section shall not apply if the director does not require under section 484-8.6(b) that an amended public offering statement be prepared in connection with the issuance of a final order. [L 1983, c 175, pt of §8; am L 1992, c 132, §10]
HI Rev Stat § 484-8.8 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|484. Uniform Land Sales Practices Act|484-8.8 Receipt for amended public offering statement.

  §484-8.8 Receipt for amended public offering statement. (a) Whenever the director requires pursuant to section 484-8.6(b) that an amended public offering statement be prepared by the subdivider, the subdivider shall obtain a receipt therefor from each purchaser or prospective purchaser who signed a sales contract or reservation agreement to purchase subdivided lands before the issuance of the director's final order. If the amended public offering statement is delivered to the purchaser or prospective purchaser by certified or registered mail, return receipt requested, and the prospective purchaser does not execute and return the purchaser's receipt for the amended public offering statement within seven days from the date of delivery, the purchaser shall be deemed to have receipted for it; provided that the receipt shall be effective only if at the time of the delivery of the amended public offering statement the prospective purchaser is notified in writing of the fact that the purchaser will be deemed to have executed the receipt for it upon the purchaser's failure to act within the seven-day period.  (b) Receipts taken for any amended public offering statement shall be kept on file in possession of the subdivider, subject to inspection at any reasonable time by the director, for a period of three years from the date the receipt was taken. [L 1983, c 175, pt of §8; am L 1992, c 132, §11]
HI Rev Stat § 484-9 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|484. Uniform Land Sales Practices Act|484-9 Annual report.

  §484-9 Annual report. (a) Within thirty days after each annual anniversary date of an order registering subdivided lands, the subdivider shall file a report in the form prescribed by the rules of the director of commerce and consumer affairs. The report shall reflect any material changes in information contained in the original application for registration.   (b) The director at the director's option may permit the filing of annual reports within thirty days after the anniversary date of the consolidated registration in lieu of the anniversary date of the original registration. [L 1967, c 223, §9; HRS §484-9; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985]
HI Rev Stat § 484-11 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|484. Uniform Land Sales Practices Act|484-11 Investigations and proceedings.

  §484-11 Investigations and proceedings. (a) The director of commerce and consumer affairs may:   (1) Make necessary public or private investigations within or outside of this State to determine whether any person has violated or is about to violate this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder;   (2) Require or permit any person to file a statement in writing, under oath or otherwise as the director determines, as to all the facts and circumstances concerning the matter to be investigated.   (b) For the purpose of any investigation or proceeding under this chapter, the director or any officer designated by rule may administer oaths or affirmations, and upon its own motion or upon request of any party shall subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence.   (c) Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the director may apply to the circuit court for an order compelling compliance.   (d) Except as otherwise provided in this chapter, all proceedings under this chapter shall be in accordance with chapter 91. [L 1967, c 223, §11; HRS §484-11; am L 1982, c 204, §8; am L 1983, c 124, §17]
HI Rev Stat § 484-12 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|484. Uniform Land Sales Practices Act|484-12 Cease and desist orders.

  §484-12 Cease and desist orders. (a) If the director determines after notice and hearing that a person has:  (1) Violated this chapter;  (2) Directly or through an agent or employee knowingly engaged in any false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of an interest in subdivided lands;  (3) Made any substantial change in the plan of disposition and development of the subdivided lands subsequent to the order of registration without obtaining prior written approval from the director;  (4) Disposed of any subdivided lands which have not been registered with the director or are exempted under this chapter;  (5) Violated any lawful order or rule of the director; the director may issue an order requiring the person to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the director will carry out the purposes of this chapter.  (b) If the director makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order the director may issue a temporary cease and desist order. Prior to issuing the temporary cease and desist order, the director whenever possible by telephone or otherwise shall give notice of the proposal to issue a temporary cease and desist order to the person. Every temporary cease and desist order shall include in its terms a provision that upon request a hearing will be held promptly to determine whether or not it becomes permanent. [L 1967, c 223, §12; HRS §484-12; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985; am L 1992, c 132, §14]