reglab/housing_qa huggingface dataset:
HI Rev Stat § 486H-2 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486H. Gasoline Dealers|486H-2 Wrongful or illegal termination; unreasonable nonrenewal; damages; defenses.

  §486H-2 Wrongful or illegal termination; unreasonable nonrenewal; damages; defenses. (a) Except as provided in section 486H-3, a petroleum distributor shall be liable to a gasoline dealer who sells the products of the petroleum distributor under a franchise from the distributor for damages and such equitable relief as the court deems proper resulting from the wrongful or illegal termination or cancellation of the franchise during its term or the petroleum distributor's unreasonable refusal to renew the franchise.  (b) A gasoline dealer suffering damages as a result of the termination or cancellation of, or failure to renew, the dealer's franchise may bring an action under this section against the petroleum distributor who wrongfully or illegally terminated, canceled, or unreasonably refused to renew the dealer's franchise in the court of general jurisdiction in which such petroleum distributor has the distributor's principal place of business, is found, or has an agent. The action may be brought without regard to the amount in controversy. If the gasoline dealer prevails in the action, the dealer may recover actual damages sustained, the costs of the suit, including reasonable attorneys' fees, and such equitable relief as the court deems proper.  The court may also grant such temporary relief as it may deem necessary and proper.  (c) It shall be a defense to any action brought under this section that the franchise was terminated, canceled, or not renewed because:  (1) The gasoline dealer failed to comply substantially with essential and reasonable requirements of the franchise agreement;  (2) The gasoline dealer failed to act in good faith in carrying out the terms and provisions of the franchise; or  (3) Of any of the reasons enumerated in section 486H-3; or  (4) Of other legitimate business reasons; provided that a termination, cancellation, or failure to renew a franchise for the purpose of enabling the petroleum distributor to assume operation of the gasoline dealer's business shall not be considered to be a legitimate business reason unless the gasoline dealer is paid reasonable compensation for the value of the dealer's franchise, including goodwill.  (d) No action may be brought under this section for a cause of action which arose more than two years prior to the date on which the action is brought. [L 1975, c 133, pt of §1; gen ch 1985]
HI Rev Stat § 486H-3 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486H. Gasoline Dealers|486H-3 Notice of termination, cancellation, or nonrenewal.

  §486H-3 Notice of termination, cancellation, or nonrenewal. A petroleum distributor shall not terminate, cancel, or refuse to renew a franchise with a gasoline dealer without first giving the dealer written notice by certified mail at least ninety days in advance of the effective date of such action as set forth in the notice. Notwithstanding any provision to the contrary contained in this section, a petroleum distributor may terminate, cancel, or refuse to renew a franchise with a gasoline dealer effective five days after the posting of written notice by certified mail to the gasoline dealer at the dealer's last known address, if such action is based on any of the following reasons:  (1) Citation of the gasoline dealer by the measurement standards branch for adulteration, substitution, contamination, or other degradation of petroleum products sold under the trademark of the petroleum distributor; provided such adulteration, substitution, contamination, or other degradation is caused by the wilful or negligent act of the gasoline dealer;  (2) Voluntary abandonment of the franchise relationship by the gasoline dealer;  (3) Conviction of the gasoline dealer of a crime involving the business conducted pursuant to the franchise; or  (4) Adjudication of bankruptcy of the gasoline dealer, or the dealer's becoming insolvent in the sense that the dealer cannot meet the dealer's financial obligations when due. [L 1975, c 133, pt of §1; gen ch 1985; am L 1986, c 339, §78; am L 1998, c 192, §5]
HI Rev Stat § 486H-4 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486H. Gasoline Dealers|486H-4 Wrongful termination, cancellation, or nonrenewal; exception to actions.

  §486H-4 Wrongful termination, cancellation, or nonrenewal; exception to actions. No action may be brought under section 486H-2 in connection with the termination, cancellation, or nonrenewal of a franchise if the franchise agreement provides for the binding arbitration of disputes arising under the agreement, including disputes related to the termination, cancellation, or nonrenewal of the franchise, in accordance with chapter 658A and the rules of the American Arbitration Association. [L 1975, c 133, pt of §1; am L 2008, c 19, §58]
HI Rev Stat § 486H-5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486H. Gasoline Dealers|486H-5 Gasoline dealer's rights.

  §486H-5 Gasoline dealer's rights. (a) A petroleum distributor shall not in any way dictate, force, or attempt to set the retail price of any product sold by the gasoline dealer.  (b) After June 7, 1976, it shall be illegal for any petroleum distributor by any action to require a gasoline dealer to purchase only those tires, batteries, and other automotive accessories sold by the distributor. A gasoline dealer may sell any tires, batteries, and other automotive accessories as may be available to the dealer for retail sale.  (c) The petroleum distributor shall at all times act in good faith in carrying out the terms and provisions of the franchise. [L 1976, c 213, pt of §2; am L 1983, c 268, §2; gen ch 1985]
HI Rev Stat § 486H-6 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486H. Gasoline Dealers|486H-6 Petroleum distributor's penalty; collection.

  §486H-6 Petroleum distributor's penalty; collection. The petroleum distributor's executive officer, representative, or agent who negotiates any contract in violation of section 486H-5(a) and section 486H-5(b), or who otherwise coerces a gasoline dealer in violation of section 486H-5(a) and section 486H-5(b), shall in addition to other penalties provided by this chapter be subject to a civil penalty of up to $50,000 for each offense.  The penalty shall be assessed and recovered in a civil action brought by the attorney general or by any county attorney or prosecuting attorney in any court of competent jurisdiction. If brought by a county attorney or prosecuting attorney, the entire amount of the penalty shall be paid to the general fund of the county in which the judgment was entered. If brought by the attorney general, one-half of the penalty shall be paid to the county general fund where the action was brought and one-half shall be paid to the state general fund. [L 1976, c 213, pt of §2; am L 1983, c 268, §3]
HI Rev Stat § 486H-7 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486H. Gasoline Dealers|486H-7 Right to sue.

  §486H-7 Right to sue. Any person who is injured in the person's business or property by reason of a violation of section 486H-5 may sue in any court having jurisdiction in the county where the defendant resides or is found, or where any agent of the defendant resides or is found, or where service may be obtained, without respect to the amount in controversy, to recover the damages sustained by the person, and the person shall be awarded, if judgment is rendered in the person's favor, attorney's fees together with the costs of the suit. Any action brought pursuant to this section shall be commenced within four years after the cause of action accrued. [L 1976, c 213, pt of §2; gen ch 1985]
HI Rev Stat § 486H-8 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486H. Gasoline Dealers|486H-8 Disposition of inventory.

  §486H-8 Disposition of inventory. Upon termination of a franchise by either the petroleum distributor or the gasoline dealer, whether or not for cause, the distributor shall at the request of the dealer, take back any inventory from the dealer which was supplied by it and which has not diminished substantially in value and is of similar quality as when originally supplied. The petroleum distributor shall reimburse the gasoline dealer for not less than ninety per cent of the cost paid by the gasoline dealer or shall cancel not less than ninety per cent of any debts owed on account of the inventory. [L 1976, c 213, pt of §2]
HI Rev Stat § 486H-9 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486H. Gasoline Dealers|486H-9 Rights of dealer family member.

  §486H-9 Rights of dealer family member. (a) Upon the death of a gasoline dealer, the franchise of said dealer and any leases or other agreements in connection therewith may be assumed by any dealer family member, who has actively participated in the franchise during the twelve-month period immediately preceding the dealer's death (but not necessarily continuously throughout such period), who meets the qualifications necessary to operate the station which would be customarily required by the petroleum distributor in question, and who gives written notice of the dealer family member's election to assume the franchise, and any leases or other agreements in connection therewith, to the petroleum distributor and any lessors of the premises within thirty days of the death of the gasoline dealer and affirms the same in writing within fifteen days after such thirty-day period.  (b) Any dealer family member who is entitled to give the notice under subsection (a) shall have the right to operate the franchise during the forty-five-day period provided for in subsection (a).  (c) "Dealer family member" shall mean that person from the group consisting of the surviving spouse and surviving adult children of the dealer designated by the dealer in a written designation received by the petroleum distributor prior to the dealer's death, provided that in the absence of any written designation, the dealer family member shall be that one of the dealer's surviving spouse and the dealer's surviving adult children who is entitled to give and gives the notice provided for in subsection (a) and who is chosen by said group. If said group does not choose the dealer family member within forty-five days after the dealer's death, then the petroleum distributor shall have the option of choosing the dealer family member from among those who were entitled to give and give notice of their election to assume the franchise, any leases or other agreements in accordance with subsection (a). [L 1978, c 232, §1; gen ch 1985]
HI Rev Stat § 486H-10 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486H. Gasoline Dealers|486H-10 REPEALED.

  §486H-10 REPEALED. L 1997, c 257, §6.
HI Rev Stat § 486H-10.5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486H. Gasoline Dealers|486H-10.5 Violation; penalties. Any person who violates section 486H-10.4 shall be assessed a civil penalty of $1,000 per day for each violation. [L 1995, c 238, §1; am L 2008, c 19, §60]

  §486H-10.5  Violation; penalties. Any person who violates section 486H-10.4 shall be assessed a civil penalty of $1,000 per day for each violation. [L 1995, c 238, §1; am L 2008, c 19, §60]
HI Rev Stat § 486H-11 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486H. Gasoline Dealers|486H-11 Enforcement of prohibition.

  §486H-11 Enforcement of prohibition. (a) The attorney general shall commence a civil action to enforce section 486H-10.4 by seeking injunctive or any other appropriate relief. The civil action shall be brought in the circuit court of the circuit where the alleged violation occurred, or where the defendant resides or is doing business.  (b) Any person who is injured in that person's business or property by the violation of section 486H-10.4 may bring a civil action for damages or injunctive relief, or both, against the person violating section 486H-10.4. If the plaintiff prevails, the plaintiff shall be awarded reasonable attorneys' and expert witness fees; provided that if a court awards only nominal damages to the plaintiff, those fees, in the court's discretion, need not be awarded to the plaintiff. Any action brought under this subsection shall be brought in the circuit court of the circuit where the alleged violation occurred, or where the defendant resides or is doing business. [L 1993, c 329, pt of §1; am L 2008, c 19, §61] Rules of Court  Injunctions, see HRCP rule 65.
HI Rev Stat § 486H-12 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486H. Gasoline Dealers|486H-12 Preemption by federal law.

  §486H-12 Preemption by federal law. This chapter shall not be applied in a manner that would render its application preempted by the "Petroleum Marketing Practices Act", 15 U.S.C. [section] 2801, et seq., or other applicable federal law. [L 1993, c 329, pt of §1]
HI Rev Stat § 486H-14 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486H. Gasoline Dealers|486H-14 REPEALED.

 §486H-14 REPEALED. L 2004, c 242, §4.
HI Rev Stat § 486H-15 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486H. Gasoline Dealers|486H-15 REPEALED.

  §486H-15 REPEALED. L 2006, c 78, §19.
HI Rev Stat § 486H-17 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486H. Gasoline Dealers|486H-17 Restricting supply of petroleum products.

  §486H-17 Restricting supply of petroleum products. The attorney general shall immediately investigate any shortage or condition affecting the supply of any petroleum products or other matters relating to the requirements of this chapter and shall institute all appropriate criminal and civil actions and pursue all legal and equitable remedies that may be available to the State. The attorney general shall submit a report to the legislature regarding any shortage or condition affecting the supply of petroleum products. [L 2004, c 242, §2]
HI Rev Stat § 486J-2 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486J. Petroleum Industry Information Reporting Act|486J-2 Distributors to register.

  §486J-2 Distributors to register. Every distributor, and any person before becoming a distributor, shall register as such with the department on forms to be prescribed, prepared, and furnished by the department. [L 1997, c 257, pt of §2; am L 2002, c 77, §4; am L 2006, c 78, §4; am L 2013, c 259, §3]
HI Rev Stat § 486J-3 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486J. Petroleum Industry Information Reporting Act|486J-3 Statements.

  §486J-3 Statements. Each month, every refiner and distributor, on a reporting date established by the director, shall file with the research and economic analysis division of the department, on forms furnished by the department showing separately for each county and for the islands of Lanai and Molokai within which and whereon fuel is sold or used during the last preceding reporting month, the following:  (1) The total volume of fuel imported into and exported from Hawaii, and if for ultimate sale or consumption in another county or on another island, the total volume of fuel, in barrels, by import location (foreign and domestic), by specific crude oil imported, and by liquid fuel type, aviation fuel, diesel fuel, biofuels, and other types of fuel as required by the department, that is sold, exchanged, or otherwise transferred or used by the distributor;  (2) The total volume of fuel refined, manufactured, or compounded by refineries, in barrels, by company, and by specific crude oil and by liquid fuel type, aviation fuel, diesel fuel, biofuels, and other types of fuel as required by the department, including No. 2 diesel fuel, No. 1 distillate, No. 2 fuel oil, No. 4 fuel oil, kerosene, finished aviation gasoline, kerosene-type jet fuel, residual fuel oil, consumer grade propane, and gasoline (regular, midgrade, and premium);  (3) The total volume of fuel distributed, in barrels, by company, by island, and by liquid fuel type, aviation fuel, diesel fuel, biofuels, and other types of fuel as required by the department, and by:  (A) Classes of retail trade;  (B) Federal, state, county agencies, ships stores, or base exchanges, commercial agriculture accounts, commercial non-agriculture accounts, retail dealers, and other customers as required by the department; and  (C) Wholesale distributor; and  (4) The total volume of inventory and storage capacity, in barrels, by reporting entity, by method of transportation of receipts and distribution, by specific crude oil, and by liquid fuel type, aviation fuel, diesel fuel, biofuels, and other types of fuel as required by the department. [L 1997, c 257, pt of §2; am L 2002, c 77, §4; am L 2006, c 78, §5; am L 2007, c 182, §4; am L 2010, c 152, §4]
HI Rev Stat § 486J-4 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486J. Petroleum Industry Information Reporting Act|486J-4 to 5.3

 § §486J-4 to 5.3 REPEALED. L 2010, c 152, § §9 to 12.
HI Rev Stat § 486J-5.5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486J. Petroleum Industry Information Reporting Act|486J-5.5 Energy data collection program.

  §486J-5.5 Energy data collection program. The department shall establish the energy data collection program that includes development and maintenance of an energy database system that meets the requirements of government and industry, while promoting sound policy making, greenhouse gas emission inventory reporting, energy planning, energy assurance planning, and energy security. [L 2006, c 78, pt of §2; am L 2010, c 152, §5; am L 2019, c 92, §2]
HI Rev Stat § 486J-6 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486J. Petroleum Industry Information Reporting Act|486J-6 Confidential information.

  §486J-6 Confidential information. (a) Statements provided to the department pursuant to section 486J-3 and the data contained therein shall be deemed confidential and exempt from public disclosure under chapter 92F.  (b) No data or information submitted to the department shall be deemed confidential if it is shown that the person submitting the information or data has made it public.  (c) Unless otherwise provided by law, with respect to data that the commission or department obtained or was provided pursuant to this chapter, neither the commission or department nor any employee of the commission or department may do any of the following:  (1) Use the information furnished or obtained for any purpose other than the purposes for which it is supplied;  (2) Make any publication whereby the data furnished by any person can be identified; or  (3) Permit any person other than the commission, the department of taxation, the attorney general, the consumer advocate, the department of business, economic development, and tourism, the department of health, and the authorized representatives and employees of each to examine the individual reports or statements provided. [L 1997, c 257, pt of §2; am L 2002, c 77, §4; am L 2006, c 78, §8; am L 2007, c 182, §7; am L 2010, c 152, §6; am L 2019, c 92, §3]
HI Rev Stat § 486J-7 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486J. Petroleum Industry Information Reporting Act|486J-7 Confidential information obtained by another state agency.

  §486J-7 Confidential information obtained by another state agency. Any confidential information pertinent to the responsibilities of the commission or the department specified in this chapter that is obtained by another state agency, including the department of taxation, the attorney general, and the consumer advocate, shall be available only to the attorney general, the attorney general's authorized representatives, the department of business, economic development, and tourism, the department of health, and the commission and shall be treated in a confidential manner. [L 1997, c 257, pt of §2; am L 2002, c 77, §4; am L 2006, c 78, §9; am L 2010, c 152, §7; am L 2019, c 92, §4]
HI Rev Stat § 486J-8 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486J. Petroleum Industry Information Reporting Act|486J-8 REPEALED.

  §486J-8 REPEALED. L 2010, c 152, §14.
HI Rev Stat § 486J-9 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486J. Petroleum Industry Information Reporting Act|486J-9 Failure to timely provide information; failure to make and file statements; false statements; penalties; referral to the attorney general.

  §486J-9 Failure to timely provide information; failure to make and file statements; false statements; penalties; referral to the attorney general. (a) The department shall notify those persons who have failed to timely provide the information specified in section 486J-3 or requested by the department under section 486J-3. If, within five business days after being notified of the failure to provide the specified or requested information, the person fails to supply the specified or requested information, the person shall be subject to a civil penalty of not less than $50,000 per day nor more than $100,000 per day for each day the submission of information is refused or delayed.  (b) Any person, or any employee of any person, who wilfully makes any false statement, representation, or certification in any record, report, plan, or other document filed with the department shall be subject to a civil penalty not to exceed $500,000 and shall be deemed to have committed an unfair or deceptive act or practice in the conduct of a trade or commerce and subject to the penalties specified in chapters 480 and 486B.  (c) The department shall refer any matter under subsection (a) or (b) to the attorney general, who may exercise any appropriate legal or equitable remedies that may be available to the State.  (d) For the purposes of this section, "person" means, in addition to the definition contained in section 486J-1, any responsible corporate officer. [L 1997, c 257, pt of §2; am L 2002, c 77, §3(3); am L 2006, c 78, §11; am L 2007, c 182, §8; am L 2010, c 152, §8]
HI Rev Stat § 486J-11 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486J. Petroleum Industry Information Reporting Act|486J-11 REPEALED.

  §486J-11 REPEALED. L 2013, c 259, §4.
HI Rev Stat § 486J-12 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486J. Petroleum Industry Information Reporting Act|486J-12 REPEALED.

  §486J-12 REPEALED. L 2006, c 78, §13.
HI Rev Stat § 486J-21 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486J. Petroleum Industry Information Reporting Act|486J-21 Petroleum advisory council; establishment.

  §486J-21 Petroleum advisory council; establishment. (a) There is established within the department for administrative purposes a voluntary petroleum advisory council, which shall be convened at the director's discretion and shall consist of the following eleven members:  (1) Two lessee retail service station dealers;  (2) Two independent retail service station dealers;  (3) Two representatives of petroleum jobbers;  (4) Two representatives of petroleum refiners;  (5) One representative from the department of commerce and consumer affairs;  (6) One representative from the department of business, economic development, and tourism; and  (7) One representative from the department of the attorney general.  (b) The members of the council shall elect a chairperson from among their number.  (c) The members of the council shall serve without compensation. [L 1997, c 257, pt of §2]