reglab/housing_qa huggingface dataset:
HI Rev Stat § 481R-9 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481R. Vehicle Protection Product Warrantors|481R-9 Required disclosures.

 §481R-9 Required disclosures. (a) Each vehicle protection product warranty marketed, sold, offered for sale, issued, made, proposed to be made, or administered in this State shall be written, printed, or typed, in clear, understandable, and easy to read language, and shall disclose the applicable requirements set forth in this section.  (b) The obligations of a vehicle protection product warranty that are insured under a reimbursement insurance policy shall contain a statement substantially similar to the following:  "Obligations of the warrantor under this vehicle protection product are insured under a reimbursement insurance policy."  (c) The vehicle protection product warranty shall state the name and address of the insurer and state that if a covered service is not provided by the warrantor before the sixty-first day after the date the consumer provides proof of loss, the consumer may apply for reimbursement directly to the vehicle protection product warrantor's reimbursement insurance company.  (d) Each vehicle protection product warranty shall state the name, address, and phone number of the warrantor. All warrantors shall report to the department before the thirty-first day after the date of any change in the information required to be provided in this subsection.  (e) Each vehicle protection product warranty shall identify any administrator, if different from the warrantor, the vehicle protection product seller, and the consumer, if the name of the consumer has been provided by the consumer. The identities of those persons shall not be required to be preprinted on the warranty and may be added to the warranty at the time of sale.  (f) Each vehicle protection product warranty shall state the product's purchase price, or the warrantor's suggested purchase price, and the terms under which the product is sold. The purchase price shall not be required to be preprinted on the vehicle protection product warranty and may be negotiated with the consumer at the time of sale.  (g) Each vehicle protection product warranty shall:  (1) Specify the products and services to be provided and any limitations, exceptions, or exclusions;  (2) Specify any restrictions governing the transferability of the vehicle protection product;  (3) State the duties of the consumer, including any duty to protect against any further damage and any requirement to follow the warranty's instructions;  (4) State the name, mailing address, and telephone number of the department; and  (5) Include a statement that unresolved complaints concerning a registered warrantor or questions concerning the regulation of a warrantor may be addressed to the department.  (h) The requirements of subsection (g)(4) and (5) may be stamped on the vehicle protection product warranty. [L 2002, c 237, pt of §1; am L 2008, c 19, §42]
HI Rev Stat § 481R-10 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481R. Vehicle Protection Product Warrantors|481R-10 Cancellation of warranty.

 §481R-10 Cancellation of warranty. (a) Each vehicle protection product warranty shall state the terms, restrictions, or conditions if any, governing cancellation of the warranty by the warrantor before the expiration date of the warranty. Cancellation may only occur under this section for:  (1) Nonpayment by the consumer for the vehicle protection product;  (2) A material misrepresentation by the consumer to the seller or warrantor;  (3) Fraud by the consumer; or  (4) A substantial breach of duties by the consumer relating to the warranty.  (b) A warrantor shall mail written notice of cancellation to the consumer at the last address of the consumer contained in the records of the warrantor at least thirty days prior to the effective date of the cancellation. The notice shall state the effective date of the cancellation and the reason for the cancellation. [L 2002, c 237, pt of §1]
HI Rev Stat § 481R-11 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481R. Vehicle Protection Product Warrantors|481R-11 Limitations on use of warrantor's name.

 §481R-11 Limitations on use of warrantor's name. (a) A warrantor shall not use:  (1) In its name, the word "casualty", "surety", "insurance", or "mutual" or any other word descriptive of the casualty, insurance, or surety business; or  (2) A name deceptively similar to the name or description of any insurance company, surety corporation, or other warrantor.  (b) A warrantor may use the word "guaranty" or a similar word in the warrantor's name. [L 2002, c 237, pt of §1]
HI Rev Stat § 481R-12 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481R. Vehicle Protection Product Warrantors|481R-12 Prohibited acts.

 §481R-12 Prohibited acts. (a) A warrantor or a warrantor's representative, in the warrantor's vehicle protection product warranty or in an advertisement or literature for the warranty, may not:  (1) Make, permit, or cause to be made any false or misleading statement; or  (2) Deliberately omit a material statement that would be considered misleading if omitted.  (b) A warrantor may not require, as a condition of sale or financing, that a retail purchaser of a motor vehicle purchase a vehicle protection product that is not installed on the motor vehicle at the time of sale. [L 2002, c 237, pt of §1]
HI Rev Stat § 481R-13 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481R. Vehicle Protection Product Warrantors|481R-13 Enforcement.

 §481R-13 Enforcement. (a) The commissioner may take any action necessary or appropriate to enforce this chapter, and the rules adopted and orders issued hereunder, which is consistent with the provisions of this chapter. The commissioner may conduct investigations and examinations of warrantors, administrators, insurers, or other persons. If a warrantor has violated this chapter, or rules or orders under this chapter, the commissioner may issue an order:  (1) Requiring a person to cease and desist from violating this chapter or rules or orders under this chapter;  (2) Prohibiting a person from selling or offering for sale vehicle protection product warranties in violation of this chapter;  (3) Imposing a civil penalty on a person, in addition to attorneys' fees and costs incurred in the investigation and prosecution of a violation of this chapter, as follows:  (A) For persons acting negligently or recklessly, not more than $5,000 per violation; or  (B) For persons acting intentionally or knowingly, not more than $10,000 per violation.  The terms "negligently", "recklessly", "knowingly", and "intentionally" shall have the meanings provided in section 702-206; or  (4) Any combination of the foregoing, as deemed appropriate by the commissioner.  (b) A person aggrieved by an order under this section may request a hearing before the commissioner, conducted subject to chapter 91. The hearing request shall be filed with the commissioner within twenty days of the effective date of the commissioner's order. Upon filing of a hearing request, the order shall be suspended from its effective date, until completion of the hearing and final decision of the commissioner. At the hearing, the commissioner shall have the burden of proof to show that the order is justified.  (c) The commissioner may bring an action in any court of competent jurisdiction for an injunction or other appropriate relief to remedy threatened or existing violations of this chapter, rules established pursuant to this chapter, or orders of the commissioner. An action filed under this section may also seek restitution on behalf of persons aggrieved by a violation of this chapter, rules established pursuant to this chapter, or orders of the commissioner. [L 2002, c 237, pt of §1]
HI Rev Stat § 481X-1 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481X. Service Contracts|481X-1 Application.

  §481X-1 Application. (a) This chapter shall not apply to:  (1) Express or implied warranties;  (2) Maintenance agreements; and  (3) Warranties, service contracts, and maintenance agreements offered by public utilities on their transmission devices to the extent they are regulated by the public utilities commission or the department of commerce and consumer affairs.  (b) The marketing, sale, offering for sale, issuance, making, proposing to make, and administration of service contracts by providers and related service contract sellers, administrators, and other persons shall be exempt from regulation under the insurance laws of this State other than laws included in this chapter. [L 2000, c 221, pt of §2]
HI Rev Stat § 481X-3 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481X. Service Contracts|481X-3 Registration.

  §481X-3 Registration. (a) Before conducting business in this State, a provider shall register with the commissioner, on a form prescribed by the commissioner, and shall pay to the commissioner a fee as provided under section 431:7-101.  (b) Provider registration shall be updated annually and shall contain the following information:  (1) The address of the principal office of the provider;  (2) The name and address of the provider's agent for the service of process in this State, if other than the provider;  (3) The identities of the provider's executive officer or officers directly responsible for the provider's service contract business;  (4) The name, address, and telephone number of any administrators designated by the provider to be responsible for the administration of service contracts in this State; and  (5) A statement that the provider is in compliance with the financial responsibility requirements of section 481X-4 and that details how the provider intends to meet the requirements, and proof of compliance with the requirements. [L 2000, c 221, pt of §2; am L 2019, c 16, §2]
HI Rev Stat § 481X-4 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481X. Service Contracts|481X-4 Financial responsibility.

  §481X-4 Financial responsibility. A provider shall comply with the requirements under any one of the following paragraphs, and shall not be subject to any other financial security requirements under state law:  (1) The provider shall insure all service contracts under a contractual liability insurance policy issued by an insurer authorized to transact insurance in this State or issued pursuant to part III of article 8 of chapter 431;  (2) The provider shall:  (A) Maintain a funded reserve account for all obligations under service contracts issued and in force in this State. The reserves shall not be less than forty per cent of the gross consideration received from the sale of the service contract, less claims paid, for all in force contracts. The reserve account shall be subject to examination by the commissioner; and  (B) Place in trust with the commissioner, for all service contracts issued and in force in this State, a financial security deposit having a value that is the larger of $25,000 or five per cent of the gross consideration received, less claims paid for the sale of the service contracts. The financial security deposit shall consist of one of the following:  (i) A surety bond issued by an authorized surety;  (ii) Securities of the type eligible for deposit by authorized insurers in this State;  (iii) Cash;  (iv) A letter of credit issued by a qualified financial institution; or  (v) Another form of security authorized by the commissioner by rule; or  (3) The provider or its parent company shall:  (A) Maintain a net worth or stockholders' equity of at least $100,000,000; and  (B) Upon request, provide the commissioner with a copy of the provider's or the provider's parent company's most recent Form 10-K or Form 20-F filed with the Securities and Exchange Commission within the last calendar year, or if the company does not file with the Securities and Exchange Commission, a copy of the provider's or the provider's parent company's audited financial statements.  If the financial responsibility requirement under this paragraph is to be maintained by the provider's parent company, the parent company shall guarantee the provider's obligations under service contracts sold by the provider in this State. [L 2000, c 221, pt of §2; am L 2006, c 154, §45]
HI Rev Stat § 481X-5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481X. Service Contracts|481X-5 Recordkeeping.

  §481X-5 Recordkeeping. (a) The provider or provider's administrator shall keep accurate accounts, books, and records of all transactions regulated under this chapter.  (b) Accounts, books, and records maintained as required by this section shall include the following:  (1) Copies of each type of service contract sold;  (2) The name and address of each contract holder, to the extent that the name and address have been furnished by the contract holder;  (3) A list of the locations where the provider's service contracts are marketed, sold, or offered for sale; and  (4) Recorded claims files which at a minimum shall contain the date and description of each claim under the provider's service contracts.  (c) The provider for each service contract shall retain records required under this section for at least one year after coverage under the contract has expired. A provider discontinuing business in this State shall maintain records required under this section until it provides the commissioner with satisfactory proof that the provider has discharged all contractual obligations to contract holders in this State.  (d) The records required under this section may be, but are not required to be, maintained on a computer disk or other recordkeeping technology. If records are maintained in a form other than hard copy, the records shall be in a form allowing duplication as legible hard copy at the request of the commissioner.  (e) Upon request of the commissioner, the provider shall make available to the commissioner all accounts, books, and records concerning service contracts sold by the provider reasonably necessary to enable the commissioner to determine compliance or noncompliance with this chapter. [L 2000, c 221, pt of §2]
HI Rev Stat § 481X-7 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481X. Service Contracts|481X-7 Service contract returns and refunds.

  §481X-7 Service contract returns and refunds. (a) Service contracts shall state that the contract holder may return the contract within:  (1) Thirty days of the date that the contract was mailed to the contract holder;  (2) Twenty days of the date the contract was delivered to the contract holder, if the contract was delivered at the time of sale; or  (3) A longer time period as specified in the service contract.  (b) Upon return of the service contract to the provider within the applicable time period, and if no claim has been made under the service contract prior to its return to the provider, the service contract shall be void and the provider shall refund to, or credit the account of, the contract holder with the full purchase price of the service contract. A ten per cent penalty per month shall be added to a refund that is not paid or credited within forty-five days after the return of the service contract to the provider.  (c) The right to void a service contract under subsection (b) shall not be transferred and shall apply only to the original service contract purchaser upon the terms and conditions provided in the contract and consistent with this chapter.  (d) Upon cancellation of a service contract by the provider, the provider, at least five days prior to cancellation, shall mail to the contract holder at the contract holder's last known address, a written prior notice of cancellation that states the effective date of the cancellation; provided that prior notice under this subsection shall not be required if cancellation is for:  (1) Nonpayment of the provider's fee for the service provided under the service contract;  (2) A material misrepresentation by the contract holder to the provider; or  (3) A substantial breach of duties of the contract holder under the service contract, relating to a covered product or its use. [L 2000, c 221, pt of §2]
HI Rev Stat § 481X-8 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481X. Service Contracts|481X-8 Contractual liability insurance policies.

 §481X-8 Contractual liability insurance policies. (a) Contractual liability insurance policies in this State shall provide that if covered service is not provided by the service contract provider or administrator within sixty days of proof of loss by the contract holder, the contract holder is entitled to apply directly to the contractual liability insurance company for services under the service contract that are covered under the policy.  (b) A contractual liability insurance policy insurer shall not terminate the policy until it has issued a notice of termination required by the commissioner under the insurance laws of this State. The termination of a contractual liability insurance policy shall not reduce the insurer's responsibility for service contracts issued by providers prior to the date of termination.  (c) A provider covered by a contractual liability insurance policy shall be considered the agent of the contractual liability insurance policy insurer, for purposes of determining duties owed by the insurer to contract holders in accordance with the service contract and this chapter.  (d) Insurers issuing reimbursement insurance to providers are deemed to have received the premiums for the insurance upon the payment of provider fees by consumers for service contracts issued by the insured provider. [L 2000, c 221, pt of §2]
HI Rev Stat § 481X-9 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481X. Service Contracts|481X-9 Applicability of premium taxes.

  §481X-9 Applicability of premium taxes. Service contract provider fees shall not be subject to premium taxes. Contractual liability insurance policies shall be subject to premium taxes. [L 2000, c 221, pt of §2]
HI Rev Stat § 481X-10 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481X. Service Contracts|481X-10 Prohibited acts.

  §481X-10 Prohibited acts. (a) No provider shall use in its name, the word "insurance", "casualty", "surety", "mutual", or any other word descriptive of the insurance, casualty, or surety business, or a name deceptively similar to the name or description of any insurance or surety corporation, or to the name of any other provider; provided that the word "guaranty" or similar word may be used by a provider. This section shall not apply to a provider using any language prohibited by this section in its name prior to July 1, 2000.  (b) A provider or its representative shall not in its service contracts or literature make, permit, or cause to be made, any false or misleading statement, or deliberately omit any material statement that would be considered misleading if omitted.  (c) No person shall condition a loan or the sale of any property on the purchase of a service contract. [L 2000, c 221, pt of §2] Revision Note  "July 1, 2000" substituted for "the effective date of this Act".
HI Rev Stat § 481X-11 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481X. Service Contracts|481X-11 Rules.

  §481X-11 Rules. The commissioner may adopt rules pursuant to chapter 91 to implement this chapter. [L 2000, c 221, pt of §2]
HI Rev Stat § 481X-12 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481X. Service Contracts|481X-12 Enforcement.

  §481X-12 Enforcement. (a) The commissioner may take any action necessary or appropriate to enforce this chapter, and the rules adopted and orders issued hereunder. The commissioner may conduct investigations and examinations of providers, administrators, insurers, or other persons. If a provider has violated this chapter, or rules or orders under this chapter, the commissioner may issue an order:  (1) Requiring a person to cease and desist from violating this chapter or rules or orders under this chapter;  (2) Prohibiting a person from selling or offering for sale service contracts in violation of this chapter; or  (3) Imposing a civil penalty on a person or any combination of the foregoing, as applicable.  (b) A person aggrieved by an order under this section may request a hearing before the commissioner, conducted subject to chapter 91. The hearing request shall be filed with the commissioner within twenty days of the effective date of the commissioner's order. Upon filing of a hearing request, the order shall be suspended from its effective date, until completion of the hearing and final decision of the commissioner. At the hearing, the commissioner shall have the burden of proof to show that the order is justified.  (c) The commissioner may bring an action in any court of competent jurisdiction, for an injunction or other appropriate relief to remedy threatened or existing violations of this chapter, rules established pursuant to this chapter, or orders of the commissioner. An action filed under this section may also seek restitution on behalf of persons aggrieved by a violation of this chapter, rules established pursuant to this chapter, or orders of the commissioner.  (d) Violations of this chapter, rules established pursuant to this chapter, or orders of the commissioner shall be considered unfair or deceptive acts or practices in the conduct of trade or commerce under section 480-2. [L 2000, c 221, pt of §2]
HI Rev Stat § 482-2 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-2 OLD REPEALED. §482-2 Certificate.

Note Part II reconstituted by L 2008, c 108, §3 and amended by L 2008, c 108, §6.  §482-2 OLD REPEALED. L 1980, c 26, §3.   §482-2 Certificate. (a) Any person desiring to register any trade name may obtain a certificate of registration of the trade name in the manner hereinafter provided.  (b) Before any person may receive a certificate of registration of a trade name, the person shall file in the office of the director an application for the registration thereof, with a certified declaration stating that the person is the sole and original proprietor of the trade name or the assign of the proprietor and setting forth the nature of business in which the trade name is used.  (c) Upon filing the application, the applicant shall pay to the director a fee of $50. A special handling fee of $20 for expediting registration of a trade name shall be assessed by the director. All special handling fees shall be credited to the compliance resolution fund established under section 26-9(o). [L 1888, c 4, §1; RL 1925, §3573; am L 1925, c 174, pt of §1; RL 1935, §7450; RL 1945, §9285; RL 1955, §204-1; HRS §482-1; am and ren L 1980, c 26, §2; am L 1983, c 153, §3; am L 1984, c 118, §6; am L 1985, c 189, §8; gen ch 1985; am L 1987, c 22, §3; am L 1996, c 181, §6; am L 1999, c 129, §19; am L 2001, c 15, §4; am L 2002, c 130, § §110, 111; am L 2003, c 124, §83] Cross References  Modification of fees, see §92-28. Attorney General Opinions  Regarding requirements for registration of exclusive trade name. Att. Gen. Op. 66-17. Case Notes  Trade names may be established without registration under statute; common law right. 37 H. 382.  The Hawaii Uniform Trade Secrets Act preempts non-contract civil claims based upon the alleged acquisition, disclosure, or use of confidential information that does not rise to the level of a statutorily-defined trade secret. 123 H. 314, 235 P.3d 310 (2010).