reglab/housing_qa huggingface dataset:
HI Rev Stat § 489D-26 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|489D. Money Transmitters Act|489D-26 Orders to cease and desist.

  §489D-26 Orders to cease and desist. (a) If the commissioner determines a violation of this chapter or a rule adopted or an order issued under this chapter by a licensee or authorized delegate is:  (1) Likely to cause immediate and irreparable harm to the licensee, the licensee's customers, or the public as a result of the violation; or  (2) Cause insolvency or significant dissipation of assets of the licensee, the commissioner may issue an order requiring the licensee or authorized delegate to cease and desist from the violation. The order becomes effective upon service of the order upon the licensee or authorized delegate.  (b) The commissioner may order a licensee to cease and desist from providing money transmission services through an authorized delegate that is the subject of a separate order pursuant to section 489D-25 by the commissioner.  (c) An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to chapter 91.  (d) A licensee or an authorized delegate that is served with an order to cease and desist may petition the circuit court for a judicial order setting aside, limiting, or suspending the enforcement, operation, or effectiveness of the order pending the completion of an administrative proceeding pursuant to section 489D-31 or 489D-32.  (e) The commissioner shall commence an administrative proceeding pursuant to chapter 91 within twenty days after issuing an order to cease and desist.  (f) The commissioner may apply to the circuit court for an appropriate order to protect the public interest. [L 2006, c 153, pt of §1]
HI Rev Stat § 489D-27 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|489D. Money Transmitters Act|489D-27 Consent orders.

  §489D-27 Consent orders. The commissioner may enter into a consent order at any time with a person to resolve a matter arising under this chapter. A consent order shall be signed by the person to whom the order is issued or by the person's authorized representative, and shall indicate agreement with the terms contained in the order. A consent order may provide that it does not constitute an admission by a person that this chapter or a rule adopted or an order issued under this chapter has been violated. [L 2006, c 153, pt of §1]
HI Rev Stat § 489D-28 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|489D. Money Transmitters Act|489D-28 Civil penalties.

  §489D-28 Civil penalties. The commissioner may assess a fine against a person who violates this chapter or a rule adopted or an order issued under this chapter in an amount not to exceed $1,000 per day for each day the violation is outstanding, plus the State's costs and expenses for the investigation and prosecution of the matter, including reasonable attorneys' fees. [L 2006, c 153, pt of §1; am L 2008, c 195, §14; am L 2013, c 167, §14]
HI Rev Stat § 489D-29 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|489D. Money Transmitters Act|489D-29 Criminal penalties.

  §489D-29 Criminal penalties. (a) A person who intentionally makes a false statement, misrepresentation, or false certification in a record filed or required to be maintained under this chapter, who intentionally makes a false entry, or who omits a material entry in a record shall be guilty of a class C felony.  (b) An individual or person who knowingly engages in any activity for which a license is required under this chapter, without being licensed under this chapter, shall be guilty of a misdemeanor, and be subject to a fine in an amount not to exceed $1,000, imprisonment of not more than one year, or both, and each day a violation exists shall be deemed a separate offense. [L 2006, c 153, pt of §1]
HI Rev Stat § 489D-30 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|489D. Money Transmitters Act|489D-30 Unlicensed persons.

  §489D-30 Unlicensed persons. (a) If the commissioner has reason to believe that a person has violated or is violating section 489D-3, the commissioner may issue an order to show cause why an order to cease and desist should not issue requiring that the person cease and desist from the violation of section 489D-3.  (b) If the commissioner has reason to believe that a person has violated or is violating section 489D-3, the commissioner may petition the circuit court for the issuance of a temporary restraining order if the public would be irreparably harmed.  (c) An order to cease and desist becomes effective upon service of the order upon the person.  (d) An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to section 489D-26.  (e) A person who is served with an order to cease and desist for violating section 489D-3 may petition the circuit court for a judicial order setting aside, limiting, or suspending the enforcement, operation, or effectiveness of the order to cease and desist pending the completion of an administrative proceeding pursuant to section 489D-26.  (f) The commissioner shall commence an administrative proceeding within twenty days after issuing an order to cease and desist. [L 2006, c 153, pt of §1]
HI Rev Stat § 489D-31 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|489D. Money Transmitters Act|489D-31 Administrative procedures.

  §489D-31 Administrative procedures. All administrative proceedings under this chapter shall be conducted in accordance with chapter 91. [L 2006, c 153, pt of §1]
HI Rev Stat § 489D-32 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|489D. Money Transmitters Act|489D-32 Hearings.

  §489D-32 Hearings. Except as otherwise provided in sections 489D-12(c) and 489D-26, the commissioner may not suspend or revoke a license, issue an order to cease and desist, suspend or revoke the designation of an authorized delegate, or assess a civil penalty without notice and an opportunity to be heard. [L 2006, c 153, pt of §1]
HI Rev Stat § 489D-33 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|489D. Money Transmitters Act|489D-33 Division functions.

  §489D-33 Division functions. (a) The division shall exercise all administrative functions of the State in relation to the regulation, supervision, and licensing of money transmitters.  (b) The division shall interpret and carry out the provisions of this chapter. [L 2006, c 153, pt of §1]
HI Rev Stat § 489D-34 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|489D. Money Transmitters Act|489D-34 Powers of the commissioner.

  §489D-34 Powers of the commissioner.  In addition to any other powers provided by law, the commissioner may:  (1) Adopt rules pursuant to chapter 91 to implement this chapter;  (2) Administer and enforce the provisions and requirements of this chapter;  (3) Issue declaratory rulings and informal nonbinding interpretations;  (4) Develop requirements for licensure;  (5) Process and investigate complaints, subpoena witnesses and documents, administer oaths, and receive affidavits and oral testimony, including telephonic communications;  (6) Investigate and conduct hearings, including contested case proceedings under chapter 91, regarding any violation of this chapter, or any rule or order of, or agreement with, the commissioner;  (7) Create fact-finding committees that may make recommendations to the commissioner for the commissioner's deliberations;  (8) Require disclosure of relevant criminal history in accordance with this chapter and conduct criminal history record checks in accordance with chapter 846;  (9) Contract with or employ qualified persons who may be exempt from chapter 76, including investigators, examiners, auditors, and attorneys, to assist the commissioner in exercising the commissioner's powers and duties;  (10) Require that all revenues, fees, and fines collected by the commissioner under this chapter be deposited into the compliance resolution fund established pursuant to section 26-9(o);  (11) Revoke, suspend, or otherwise limit the license of any money transmitter for any violation of this chapter, or any rule or order of, or agreement with, the commissioner;  (12) Report any violation of this chapter or violation of federal or state law to the Consumer Financial Protection Bureau or other federal agency having jurisdiction over the licensee;  (13) Participate in nationwide protocols for licensing cooperation and coordination among state regulators; and  (14) Do any and all things necessary or incidental to the exercise of the commissioner's power and duties. [L 2006, c 153, pt of §1; am L 2018, c 21, §2; am L 2021, c 108, §8] Revision Note  Subsection designation deleted pursuant to §23G-15(1).
HI Rev Stat § 489E-1 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|489E. Uniform Electronic Transactions Act|489E-1 Short title.

  §489E-1 Short title. This chapter shall be cited as the Uniform Electronic Transactions Act. [L 2000, c 282, pt of §1]
HI Rev Stat § 489E-3 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|489E. Uniform Electronic Transactions Act|489E-3 Scope.

  §489E-3 Scope. (a) This chapter shall apply to electronic records and electronic signatures relating to a transaction.  (b) This chapter does not apply to a transaction to the extent it is governed by:  (1) A law governing the creation and execution of wills, codicils, or testamentary trusts;  (2) The Uniform Commercial Code other than section 490:1-201, article 2, and article 2A; and  (3) A law or rule governing notice of:  [(A)] Default, including but not limited to notices relating to acceleration, repossession, eviction, foreclosure, or the right to cure;  [(B)] Utility shutoff, including water, telephone, gas and electricity; or   [(C)] Cancellation, termination, lapse, or material alteration of a contract of insurance, insurance benefits, life settlement or viatical settlement agreement, or service contract.  (c) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) when used for a transaction subject to a law other than those specified in subsection (b).  (d) A transaction subject to this chapter is also subject to other applicable substantive law. [L 2000, c 282, pt of §1; am L 2004, c 162, §3; am L 2008, c 19, §78]
HI Rev Stat § 489E-4 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|489E. Uniform Electronic Transactions Act|489E-4 Prospective application.

  §489E-4 Prospective application. This chapter shall apply to any electronic record or electronic signature created, generated, sent, communicated, or received on or after June 28, 2000. [L 2000, c 282, pt of §1] Revision Note  "June 28, 2000" substituted for "the effective date of this chapter".
HI Rev Stat § 489E-5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|489E. Uniform Electronic Transactions Act|489E-5 Use of electronic records and electronic signatures; variation by agreement.

  §489E-5 Use of electronic records and electronic signatures; variation by agreement. (a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.  (b) This chapter shall apply only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct. Except for a separate and optional agreement, the primary purpose of which is to authorize a transaction to be conducted by electronic means, an agreement to conduct a transaction electronically shall not be contained in a standard form contract that is not an electronic record. An agreement in such a standard form contract shall not be conditioned upon an agreement to conduct transactions electronically. An agreement to conduct a transaction electronically cannot be inferred solely from the fact that a party has used electronic means to pay an account or register a purchase or warranty. This subsection shall not be varied by agreement.  (c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. If a seller sells goods or services by both electronic and nonelectronic means and a buyer purchases the goods or services by conducting the transaction electronically, the buyer may refuse to conduct further transactions regarding the goods and services electronically. The right granted by this subsection may not be waived by agreement.  (d) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed", or words of similar import, shall not imply that the effect of other provisions may not be varied by agreement.  (e) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law. [L 2000, c 282, pt of §1]
HI Rev Stat § 489E-6 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|489E. Uniform Electronic Transactions Act|489E-6 Construction and application.

  §489E-6 Construction and application. This chapter shall be construed and applied:  (1) To facilitate electronic transactions consistent with other applicable law;  (2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and  (3) To effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. [L 2000, c 282, pt of §1]
HI Rev Stat § 489E-7 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|489E. Uniform Electronic Transactions Act|489E-7 Legal recognition of electronic records, electronic signatures, and electronic contracts.

  §489E-7 Legal recognition of electronic records, electronic signatures, and electronic contracts. (a) A record or signature shall not be denied legal effect or enforceability solely because it is in electronic form.  (b) A contract shall not be denied legal effect or enforceability solely because an electronic record was used in its formation.  (c) If a law requires a record to be in writing, an electronic record satisfies the law.  (d) If a law requires a signature, an electronic signature satisfies the law. [L 2000, c 282, pt of §1]
HI Rev Stat § 489E-8 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|489E. Uniform Electronic Transactions Act|489E-8 Provision of information in writing; presentation of records.

  §489E-8 Provision of information in writing; presentation of records. (a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or the sender's information processing system inhibits the ability of the recipient to print or store the electronic record.  (b) If a law other than this chapter requires a record to: be posted or displayed in a certain manner; be sent, communicated, or transmitted by a specified method; or contain information that is formatted in a certain manner, the following rules shall apply:  (1) The record shall be posted or displayed in the manner specified in the other law;  (2) Except as otherwise provided in subsection (d)(2), the record shall be sent, communicated, or transmitted by the method specified in the other law; and  (3) The record shall contain the information formatted in the manner specified in the other law.  (c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record shall not be enforceable against the recipient.  (d) The requirements of this section shall not be varied by agreement, but:  (1) To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) that the information be in the form of an electronic record capable of retention may also be varied by agreement; and  (2) A requirement under a law other than this chapter to send, communicate, or transmit a record by first-class mail, postage prepaid, may be varied by agreement to the extent permitted by the other law. [L 2000, c 282, pt of §1]
HI Rev Stat § 489E-9 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|489E. Uniform Electronic Transactions Act|489E-9 Attribution and effect of electronic record and electronic signature.

  §489E-9 Attribution and effect of electronic record and electronic signature. (a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.  (b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law. [L 2000, c 282, pt of §1]
HI Rev Stat § 489E-10 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|489E. Uniform Electronic Transactions Act|489E-10 Effect of change or error.

  §489E-10 Effect of change or error. If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules shall apply:  (1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may elect to avoid the effect of the changed or erroneous electronic record;  (2) In an automated transaction involving an individual, the individual may elect to avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:  (A) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;  (B) Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and  (C) Has not used or received any benefit or value from the consideration, if any, received from the other person;  (3) If neither paragraph (1) nor paragraph (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any; and  (4) Paragraphs (2) and (3) shall not be varied by agreement. [L 2000, c 282, pt of §1]
HI Rev Stat § 489E-11 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|489E. Uniform Electronic Transactions Act|489E-11 Notarization, certification, acknowledgment, and verification.

  §489E-11 Notarization, certification, acknowledgment, and verification. If a law requires a signature or record to be notarized, certified, acknowledged, verified, or made under oath or seal, the requirement is satisfied if the electronic signature or seal of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record. [L 2000, c 282, pt of §1; am L 2002, c 62, §1]
HI Rev Stat § 489E-12 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|489E. Uniform Electronic Transactions Act|489E-12 Retention of electronic records; originals.

  §489E-12 Retention of electronic records; originals. (a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record that:  (1) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and  (2) Remains accessible for later reference.  (b) A requirement to retain a record in accordance with subsection (a) shall not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.  (c) A person may satisfy subsection (a) by using the services of another person if the requirements of that subsection are satisfied.  (d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a).  (e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a).  (f) A record retained as an electronic record in accordance with subsection (a) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after June 28, 2000 specifically prohibits the use of an electronic record for the specified purpose.  (g) This section does not preclude a governmental agency of this State from specifying additional requirements for the retention of a record subject to the agency's jurisdiction. [L 2000, c 282, pt of §1] Revision Note  "June 28, 2000" substituted for "the effective date of this chapter".
HI Rev Stat § 489E-13 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|489E. Uniform Electronic Transactions Act|489E-13 Admissibility in evidence.

  §489E-13 Admissibility in evidence. In a proceeding, evidence of a record or signature shall not be excluded solely because it is in electronic form. [L 2000, c 282, pt of §1]
HI Rev Stat § 489E-14 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|489E. Uniform Electronic Transactions Act|489E-14 Automated transaction.

  §489E-14 Automated transaction. In an automated transaction, the following rules shall apply:  (1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements;  (2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance; and  (3) The terms of the contract are determined by the substantive law applicable to it. [L 2000, c 282, pt of §1]