reglab/housing_qa huggingface dataset:
HI Rev Stat § 441-24.7 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-24.7 Actuarial study, audited financial statement, trust agreement; available for review.

  §441-24.7 Actuarial study, audited financial statement, trust agreement; available for review. (a) The actuarial study, audited financial statement, and trust agreement filed by a cemetery or pre-need funeral authority, as required by this chapter, shall be available for review by any member of the general public upon request. The review of these documents shall be done during the department's normal business hours. The director shall have the right to deny review for reasons specified in rules adopted by the director pursuant to chapter 91.  (b) Upon delivery of an itemized price list to a prospective purchaser and upon execution of a contract for perpetual care and pre-need services, the cemetery or pre-need funeral authority shall notify the person of the availability for review of the actuarial study, audited financial statement, and trust agreement on file with the department as provided in this section. [L 1985, c 101, §26]
HI Rev Stat § 441-25 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-25 License not required to act as cemetery or pre-need funeral salesperson.

  §441-25 License not required to act as cemetery or pre-need funeral salesperson. Chapter 467, relating to real estate brokers and salespersons, shall not be applicable to cemetery salespersons. [L 1967, c 199, pt of §1; HRS §441-25; am L 1969, c 242, §8; am L 1970, c 62, §1; am L 1975, c 21, §10; am L 1976, c 200, pt of §1; am L 1981, c 221, §11; gen ch 1993]
HI Rev Stat § 441-29 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-29 Application for license; fees.

  §441-29 Application for license; fees. Every applicant for a license under this chapter shall file an application with the director in such form and setting forth such information as may be prescribed or required by the director and shall furnish such additional information bearing upon the issuance of the license as the director requires. In the case of a copartnership or corporation any officer may sign the application on behalf of the applicant. The application shall be accompanied by an application fee. [L 1967, c 199, pt of §1; HRS §441-29; am L 1975, c 21, §13; am L 1981, c 221, §15; am L 1985, c 101, §11; am L 1992, c 202, §52; am L 1997, c 40, §7]
HI Rev Stat § 441-30 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-30 Form of licenses.

  §441-30 Form of licenses. The form of every license shall be prescribed by the director, and shall be issued in the name of the department, and signed by the director. [L 1967, c 199, pt of §1; HRS §441-30; am L 1975, c 21, §14; am L 1981, c 221, §16]
HI Rev Stat § 441-30.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-30.5 Transfer of license.

  §441-30.5 Transfer of license. (a) No license issued under this chapter shall be transferred, assigned, or loaned to another person. Any transaction involving the transfer of a licensee's business to another person shall require the prior approval of the director.  (b) The director may disapprove the proposed transfer of a license:  (1) For failure of the current licensee to meet and satisfy the requirements of section 441-46;  (2) For failure of the person intending to assume the current licensee's business to meet and satisfy the requirements of section 441-21; or  (3) In the interest of the contract holders of the current licensee.  (c) Within sixty days after receipt of the notification of disapproval of the transfer of the licensee's business, the licensee may request an administrative hearing to review the disapproval pursuant to chapter 91. [L 1988, c 73, §1]
HI Rev Stat § 441-31 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-31 Fees; biennial renewals.

  §441-31 Fees; biennial renewals. (a) The fee for a cemetery or pre-need funeral authority original license, for reinstatement of a suspended license, for biennial renewal of a license, and for the reissuance of a license when there has been a change in the licensee's name, shall be as provided in rules adopted by the director pursuant to chapter 91.  (b) The biennial renewal fee shall be paid to the director on or before December 31 of each odd-numbered year. Failure, neglect, or refusal of any duly licensed cemetery or pre-need funeral authority to pay the biennial renewal fee shall constitute a forfeiture of its license. Any such license may be restored upon written application therefor within one year of such date and the payment of the delinquent fees plus an amount equal to ten per cent thereof. [L 1967, c 199, pt of §1; HRS §441-31; am L 1968, c 14, §4; am L 1969, c 242, §12; am L 1975, c 21, §15 and c 118, §6; am L 1981, c 221, §17; am L 1982, c 66, §7 and c 204, §8; am L 1983, c 124, §17; am L 1985, c 101, §12; am L 1992, c 202, §53]
HI Rev Stat § 441-32 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-32 Delivery of agreement.

  §441-32 Delivery of agreement. The cemetery or pre-need funeral authority shall deliver a copy of any contract pertaining to cemetery property, pre-need interment or pre-need funeral services to the person or persons signing it at the time the signature is obtained; provided that only one copy need be delivered to the parties signing as co-tenants. [L 1967, c 199, pt of §1; HRS §441-32; am L 1969, c 242, §13; am L 1985, c 101, §13]
HI Rev Stat § 441-32.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-32.5 Sales contracts; filing with the director.

  §441-32.5 Sales contracts; filing with the director. Every cemetery or pre-need funeral authority shall file with the director a copy of all existing contract forms, and any new contract form prior to its use, relating to the selling of cemetery property or pre-need services and related commodities. The content of the contract shall be in conformance with section 441-22.5(b). [L 1981, c 221, §23; am L 1985, c 101, §14]
HI Rev Stat § 441-33 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-33 REPEALED.

  §441-33 REPEALED. L 1981, c 221, §18.
HI Rev Stat § 441-34 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-34 REPEALED.

  §441-34 REPEALED. L 1992, c 202, §193.
HI Rev Stat § 441-35 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-35 Perpetual care fund expressly permitted.

  §441-35 Perpetual care fund expressly permitted. A perpetual care fund and all payments or contributions to it are expressly permitted as and for charitable and eleemosynary purposes. No payment, gift, grant, bequest, or other contribution for perpetual care is invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the instruments creating the fund, nor is the fund or any contribution to it invalid as violating any law against perpetuities, or the suspension of the power of alienation of title to property. [L 1967, c 199, pt of §1; HRS §441-35] Cross References  Uniform statutory rule against perpetuities, see chapter 525.
HI Rev Stat § 441-36 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-36 Perpetual care required.

  §441-36 Perpetual care required. Any cemetery hereafter established shall be a perpetual care cemetery. No existing cemetery shall be operated as, or advertised or represented to be, a perpetual care cemetery except in compliance with this chapter. Every cemetery authority operating a perpetual care cemetery shall establish a perpetual care fund. [L 1967, c 199, pt of §1; HRS §441-36; am L 1985, c 101, §16]
HI Rev Stat § 441-37 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-37 Trustee of perpetual care fund and pre-need trust.

  §441-37 Trustee of perpetual care fund and pre-need trust. (a) Every perpetual care fund and pre-need trust shall be administered by a bank or a trust company authorized to do business in the State; or a board of trustees as defined in section 441-1. Each authority covered under this chapter shall file with the director a copy of an executed copy of the declaration of the fund or trust and any amendment thereto.  (b) The bank or trust company appointed as trustee shall file a notice with the director disclosing the name of the bank or trust company, business address, and such additional information as the director requires. A successor trustee shall be subject to the requirements stated in this section.  (c) The board of trustees appointed as trustee shall file the following:  (1) A notice with the director disclosing the names of its members;  (2) A sworn affidavit stating that its members are not affiliated with the authority which appointed it;  (3) A bond in the penal sum of $100,000 issued by a surety company authorized to do business in the State; and  (4) Evidence of the insurance required by section 441-41(b).  The bond required in this subsection may be filed either as a board or an individual board member for $100,000 and shall run to the State. The bond shall be conditioned that the board of trustees will faithfully, promptly, and truly account and pay over to all persons to or for whom it may hold money in trust all sums of money that may properly be due them. The director or any person claiming to have sustained damage by reason of any breach of the conditions of the bond may bring action on the bond for the recovery of any damages sustained therefrom. The liability of the surety shall not exceed the amount of the bond issued to the board of trustees. The bond shall continue in full force and effect. [L 1967, c 199, pt of §1; HRS §441-37; am L 1981, c 221, §19; am L 1985, c 101, §17]
HI Rev Stat § 441-38 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-38 Contributions and payments to the trustee.

  §441-38 Contributions and payments to the trustee. (a) A cemetery authority may take, receive, and transfer to the trustee as a part of or incident to the perpetual care fund any property, real, personal, or mixed, bequeathed, devised, granted, given, or otherwise contributed to it for perpetual care purposes and shall transfer to the trustee the amount stipulated in the contract or deed as being for perpetual care purposes for each plot, niche, or mausoleum crypt sold or disposed of, but not less than:  (1) $1 per square foot of interment space;  (2) $50 for each mausoleum crypt;  (3) $15 for each niche.  Such transfer shall be made not later than thirty days after the receipt of the final payment of the purchase price of each plot, niche, or crypt sold as property entitled to perpetual care.  (b) A cemetery or pre-need funeral authority may take and receive, but shall transfer to the trustee as part of or incident to the pre-need trust, all payments received after the recovery of acquisition costs, which shall be the lesser of thirty per cent of the contract price or the difference between the contract price and the cost of the pre-need interment or pre-need funeral services contracted to be provided. The transfer shall be made not later than thirty days after receipt of payment from the purchaser and shall be immediately deposited in the trust. [L 1967, c 199, pt of §1; HRS §441-38; am L 1985, c 101, §18]
HI Rev Stat § 441-39 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-39 Principal of fund or trusts; use of income, reserves.

  §441-39 Principal of fund or trusts; use of income, reserves. (a) The principal of the perpetual care fund shall be invested and in no event reduced. Only so much of the income of the fund shall be paid to the cemetery authority as it, by submission of vouchers, can reasonably show to be necessary to cover the cost of perpetual care of the cemetery, including reasonable administrative expenses incurred in connection therewith; provided that a reserve may be created from which principal losses may be replaced by setting aside a reasonable percentage of surplus income, if any, or net capital gains from investments, and a reserve may also be set aside out of surplus income or net capital gains for future maintenance, repair, or restoration of property or embellishments in the cemetery, which may be necessary or desirable as a result of wear, deterioration, accident, damage, or destruction. "Net capital gains" means the amount by which the cumulative capital gains since the establishment of the perpetual care fund exceeds the sum of cumulative capital losses since the establishment of the fund. Any surplus income or net capital gains not so set aside in reserve shall become a part of the principal of the fund.  (b) The principal of the pre-need trust shall be invested and shall not be diminished or withdrawn except in payment of the pre-need interment or pre-need funeral services contracted for and provided to the deceased purchaser or designee or for the contractual refund to the purchaser. The cemetery or pre-need funeral authority shall submit to the trustee a certified statement that the purchaser or an assignee of the purchaser has received the pre-need services under contract with the authority in order for the principal to be withdrawn. In the case of refund to the purchaser, the authority shall submit to the trustee a certified statement that the purchaser desires a refund. A reserve may be created from which principal losses may be replaced by setting aside a reasonable percentage of surplus income, if any, or net capital gains from investments. [L 1967, c 199, pt of §1; HRS §441-39; am L 1985, c 101, §19]
HI Rev Stat § 441-40 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-40 Application of principal and income; responsibility of trustee.

  §441-40 Application of principal and income; responsibility of trustee. (a) The trustee shall be held responsible for all payments received for deposit in the perpetual care fund and pre-need trust. The trustee shall not withdraw money from the income of the perpetual care fund unless the cemetery authority submits a certified statement that withdrawals shall be used for the perpetual care of the cemetery, including reasonable administrative expenses incurred in connection with operating a perpetual care cemetery. Further, the trustee shall not withdraw money from the principal of the pre-need trust unless the cemetery or pre-need funeral authority submits a certified statement that the person entitled to the pre-need services or the assignee has received the services or that the purchaser has requested a refund of moneys.  (b) For the purposes of asset management and safekeeping of the funds, the trustee shall have the authority to inquire into the propriety of expenditures made by a cemetery and pre-need funeral authority in connection with the operation of the authority's business.  (c) The cemetery and pre-need funeral authority shall provide the trustee with the findings of the annual audit and actuarial study, which shall serve as guidelines in the management and safekeeping of the funds. [L 1967, c 199, pt of §1; HRS §441-40; am L 1985, c 101, §20]
HI Rev Stat § 441-42 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-42 Trustee's compensation.

  §441-42 Trustee's compensation. The trustee shall be entitled to the same compensation as provided by law for trust companies in the management of fiduciary accounts, but in no event shall any sum in excess of five per cent of the income derived from the fund or pre-need trust in any year be paid as compensation to the trustee for its services in the administration of the fund or trust. [L 1967, c 199, pt of §1; HRS §441-42; am L 1985, c 101, §22]
HI Rev Stat § 441-43 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-43 Inspection, regulation, and supervision of administrator.

  §441-43 Inspection, regulation, and supervision of administrator. Any administrator of a perpetual care fund, other than a trust company, shall be subject to inspection, supervision, and regulation by the director to the same extent and in the same manner as may be from time to time provided by law for the inspection, supervision, and regulation of trust companies doing business in the State. [L 1967, c 199, pt of §1; HRS §441-43; am L 1975, c 21, §16; am L 1981, c 221, §20]
HI Rev Stat § 441-44 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-44 Trustee's account; enforcement by attorney general.

  §441-44 Trustee's account; enforcement by attorney general. The trustee shall annually file with the director an account which shall be made in such form as shall be prescribed by the director. The director shall notify the attorney general of any failure on the part of the trustee to comply with sections 441-37 to 441-44, or of the instrument creating the fund, or trust, and the attorney general may take such action as deemed appropriate. [L 1967, c 199, pt of §1; HRS §441-44; am L 1975, c 21, §17; am L 1981, c 221, §21; am L 1985, c 101, §23]
HI Rev Stat § 441-45 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-45 Penalty.

  §441-45 Penalty. In addition to the penalties otherwise provided by law, any cemetery or pre-need funeral authority that violates, or fails to comply with any of the provisions of this chapter or rules adopted pursuant thereto shall be fined not more than $5,000 for each violation. [L 1967, c 199, pt of §1; HRS §441-45; am L 1981, c 221, §22; am L 1985, c 101, §24; am L 1988, c 73, §3; am L 2007, c 188, §7]
HI Rev Stat § 441-46 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|441. Cemetery and Funeral Trusts|441-46 Surrender of license.

  §441-46 Surrender of license. (a) A pre-need authority licensee covered under this chapter may seek to terminate all further responsibilities for compliance with the requirements of this chapter by voluntarily offering to surrender its license to the director with a sworn statement to that effect. The statement shall be accompanied by an affidavit that the licensee has lawfully expended or refunded all pre-need trust funds accepted by the person or made provisions to transfer the pre-need trust funds subject to the obligations related thereto to another person subject to approval of the director, and that the pre-need authority surrendering the license will accept no additional pre-need payments.  (b) A cemetery authority licensee covered under this chapter may seek to terminate all further responsibilities for compliance with the requirements of this chapter by voluntarily offering to surrender its license to the director with a sworn statement to that effect. The statement shall be accompanied by an affidavit that the licensee has made provisions to have the trustee of the perpetual care fund provide for the perpetuity of the cemetery or to transfer the perpetual care fund subject to the obligations related thereto to another person subject to the approval of the director, and that the authority seeking to surrender the license will make no additional interments.  (c) The person proposed to receive the pre-need trust or perpetual care fund subject to the obligations related thereto shall meet and satisfy the requirements of section 441-21 prior to the director accepting the voluntary surrender of the pre-need or cemetery authority license and canceling or revoking the license. [L 1985, c 101, §27; am L 1988, c 73, §4]
HI Rev Stat § 442-1 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|442. Chiropractic|442-1 Chiropractic defined.

  §442-1 Chiropractic defined. Chiropractic is defined to be the science of palpating and adjusting the articulations of the human spinal column by hand; provided that the practice of chiropractic as contemplated and set forth in this chapter may include the use of necessary patient evaluation and management procedures of the human spinal column, hot or cold packs, whirlpool, therapeutic and rehabilitative exercise, traction, electrical and electromechanical stimulation, therapeutic ultrasound, myofascial release, diathermy, infrared, and chiropractic spinal manipulative treatment and extraspinal evaluations for the diagnosis and treatment of neuromusculoskeletal conditions related to the human spinal column, subject to the restrictions contained in this chapter; and provided further that the practice of chiropractic as contemplated and set forth in this chapter shall not include the practice of lomilomi or massage. For the purposes of this section, spinal refers to the five spinal regions: cervical region (includes atlanto-occipital joint); thoracic region (includes costovertebral and costotransverse joint); lumbar region; sacral region; and pelvic (sacroiliac joint) region. [L 1925, c 99, §8; RL 1935, §967; RL 1945, §2078; RL 1955, §60-1; HRS §442-1; am L 1997, c 78, §1]
HI Rev Stat § 442-2 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|442. Chiropractic|442-2 License to practice.

 §442-2 License to practice. (a) It shall be unlawful for any person to practice chiropractic without a license. Any person applying for a license to practice chiropractic shall submit an application to the Hawaii board of chiropractic accompanied by the application fee, and all documents and affidavits that may be prescribed by law. The application shall be submitted in accordance with the rules of the board, shall be on a form prescribed by the board, and shall be signed by the applicant. In addition thereto, each applicant shall furnish to the board:  (1) Satisfactory proof that the applicant has met the educational requirements prescribed in the rules of the board; provided that these educational requirements shall not apply to applicants having entered an approved chiropractic college on or before October 31, 1955; and  (2) Satisfactory proof that the applicant graduated from a chiropractic college accredited by, or recognized as a candidate for accreditation by, any chiropractic college accrediting agency recognized by the United States Department of Education; provided that the requirements shall not apply to applicants who matriculated in any chiropractic college prior to October 15, 1984.  (b) Except in the cases otherwise prescribed in this section each applicant shall be a graduate of a chiropractic school or college accredited as provided by this section.  (c) Each applicant who successfully passes the examination shall pay a license fee. [L 1925, c 99, §5; am L 1927, c 254, §1; RL 1935, §960; am L 1939, c 186, §1; RL 1945, §2071; am L 1949, c 57, §1; am L 1955, c 229, §1(a); RL 1955, §60-2; am L 1957, c 316, §3; HRS §442-2; am L 1983, c 55, §1; am L 1984, c 7, §18 and c 240, §2; am L 1992, c 202, §54; am L 1994, c 124, §3; am L 1997, c 40, §8; am L 2000, c 10, §1; am L 2018, c 203, §2]