reglab/housing_qa huggingface dataset:
HI Rev Stat § 443B-4.56 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|443B. Collection Agencies|443B-4.56 Transfer of registration. No registration, including the rights, privileges, and obligations thereof, shall be assigned, sold, leased, encumbered, or otherwise transferred, voluntarily or involuntarily, directly or indirectly, including by transfer of control of any collection agency, whether by change in ownership or otherwise, except upon written application to and approval by the director. The form of the application shall be prescribed by the director. [L 1990, c 246, pt of §1]

  §443B-4.56 Transfer of registration. No registration, including the rights, privileges, and obligations thereof, shall be assigned, sold, leased, encumbered, or otherwise transferred, voluntarily or involuntarily, directly or indirectly, including by transfer of control of any collection agency, whether by change in ownership or otherwise, except upon written application to and approval by the director. The form of the application shall be prescribed by the director. [L 1990, c 246, pt of §1]
HI Rev Stat § 443B-4.57 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|443B. Collection Agencies|443B-4.57 Fine, revocation, suspension, termination, denial of registration, renewal of registration, or restoration of registration.

  §443B-4.57 Fine, revocation, suspension, termination, denial of registration, renewal of registration, or restoration of registration. In addition to any other actions authorized by law, the director may fine any agency, revoke or terminate any registration, suspend the right of the registrant to use the registration, or refuse to renew or restore a registration for any cause authorized by law, including but not limited to the following:  (1) Dishonesty, deceit, fraud, or gross negligence in conducting business as a collection agency;  (2) Advertising by means of false and deceptive statements or by statements which tend to deceive or defraud;  (3) Advertising or acting as a collection agency without a current and active certificate of registration issued under this chapter;  (4) Violation of any provision of this chapter or the rules adopted pursuant thereto;  (5) Commingling of clients' funds or other property;  (6) Breach of fiduciary duty;  (7) Failure to notify the director in writing of any material change in information; and  (8) Providing false or misleading information at the time of application or during the time of registration. [L 1990, c 246, pt of §1; am L 1992, c 202, §60]
HI Rev Stat § 443B-4.58 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|443B. Collection Agencies|443B-4.58 Biennial renewal requirement.

  §443B-4.58 Biennial renewal requirement. (a) Each collection agency shall renew its registration by June 30 of each even-numbered year.  (b) When renewing its registration, an agency shall submit to the director the following:  (1) An application on a form prescribed by the director;  (2) Satisfactory evidence that the collection agency is bonded as required by section 443B-5;  (3) A certificate of good standing or a certificate of authority issued by the business registration division, if the applicant is a corporation, partnership, or joint venture;  (4) The name and business address of the applicant's principal collector who is authorized to directly manage and control the daily operations of the applicant's Hawaii office; and  (5) A renewal fee in the amount specified by rule.  (c) Failure on the part of a collection agency to renew its registration as provided in subsection (a) shall cause the registration to be forfeited; provided that the director may make an exception for good cause shown. [L 1990, c 246, pt of §1]
HI Rev Stat § 443B-4.59 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|443B. Collection Agencies|443B-4.59 Restoration of forfeited registration.

  §443B-4.59 Restoration of forfeited registration. (a) A forfeited registration may be restored by submitting an application provided by the director and by paying a delinquent renewal fee and a restoration fee in the amount specified by rule.  (b) Failure to restore a forfeited registration within sixty days of forfeiture shall cause the registration to be terminated.  (c) The director may extend the sixty-day limitation for good cause shown.  (d) Upon termination of registration, the collection agency shall cease to do business. [L 1990, c 246, pt of §1; am L 1992, c 202, §61]
HI Rev Stat § 443B-4.60 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|443B. Collection Agencies|443B-4.60 Collecting without a registration. Any collection agency whose registration has been terminated but continues to conduct business as a collection agency shall be engaging in an unregistered activity, and any agency so engaged, and any employee or agent of the agency who engages in an unregistered activity, shall be subject to the sanctions provided in this chapter. Nothing in this chapter shall be deemed to limit or prohibit other available civil or criminal actions against an agency engaged in an unregistered activity or any employee or agent of the agency engaged in an unregistered activity. [L 1990, c 246, pt of §1]

  §443B-4.60 Collecting without a registration. Any collection agency whose registration has been terminated but continues to conduct business as a collection agency shall be engaging in an unregistered activity, and any agency so engaged, and any employee or agent of the agency who engages in an unregistered activity, shall be subject to the sanctions provided in this chapter. Nothing in this chapter shall be deemed to limit or prohibit other available civil or criminal actions against an agency engaged in an unregistered activity or any employee or agent of the agency engaged in an unregistered activity. [L 1990, c 246, pt of §1]
HI Rev Stat § 443B-4.61 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|443B. Collection Agencies|443B-4.61 REPEALED.

  §443B-4.61 REPEALED. L 1992, c 202, §197.
HI Rev Stat § 443B-4.62 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|443B. Collection Agencies|443B-4.62 Audits.

  §443B-4.62 Audits. (a) When the director has reasonable cause to believe that a registrant created deficiencies or other problems in accounts which hold funds or other forms of payment collected on behalf of a complainant, the director may order an audit of the account or accounts, or an unannounced verification of the account's cash balance. The audit or verification shall be conducted by a certified public accountant, public accountant, or other designee of the director.  (b) If an audit or unannounced verification of an account ordered by the director reveals deficiencies or other problems in accounts which hold client funds and other forms of payment, the cost of the audit or the verification shall be paid by the collection agency. If an audit or unannounced verification of an account ordered by the director does not reveal deficiencies and problems in accounts, the cost of the audit or unannounced verification shall be paid by the complainant. Failure of a collection agency to pay for an audit or unannounced verification within thirty days of receipt of the billing statement shall result in suspension of the agency's registration until payment is made. [L 1990, c 246, pt of §1]
HI Rev Stat § 443B-4.63 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|443B. Collection Agencies|443B-4.63 Furnishing deceptive forms. It is unlawful for any person who is not a registered collection agency to design, compile, or furnish any form knowing that the form could be used to create a belief in a debtor that the person who designed, compiled or furnished the form is a collection agency. [L 1990, c 246, pt of §1]

  §443B-4.63 Furnishing deceptive forms. It is unlawful for any person who is not a registered collection agency to design, compile, or furnish any form knowing that the form could be used to create a belief in a debtor that the person who designed, compiled or furnished the form is a collection agency. [L 1990, c 246, pt of §1]
HI Rev Stat § 443B-5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|443B. Collection Agencies|443B-5 Bond.

  §443B-5 Bond. (a) Each collection agency shall file and maintain with the director a bond in the penal sum of $25,000 for the first office in this State and $15,000 for each additional office in this State.  (b) All bonds required by this section shall be issued by a surety company authorized to do business in the State, and shall run to the State. The bond shall be conditioned that the collection agency faithfully, promptly, and truly shall account and pay within thirty days after the calendar month, to its clients the net proceeds due on all collections made during the calendar month. The bond shall be conditioned further that the collection agency will comply with all requirements of this chapter or any other statute now in force or hereafter enacted with respect to the duties, conduct, obligations, and liabilities of collection agencies.  (c) In addition to any other remedy, 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 collection agency for which the bond was issued.  (d) The bond shall be continuous in form and remain in full force and effect unless terminated or canceled by the surety. Termination or cancellation shall not be effective, unless notice thereof is delivered by the surety to the director and the collection agency at least sixty days prior to the date of termination or cancellation.  (e) Failure, refusal, or neglect of a collection agency to maintain in full force and effect a bond as required by this section shall cause the automatic suspension of the registration of the collection agency effective as of the date of expiration, termination, or cancellation of the bond. The director shall not reinstate the affected registration until satisfactory proof of bond coverage is submitted to the director as required by this section. Failure to effect a reinstatement of a suspended registration within sixty days of the expiration of the requirements of registration shall cause it to be forfeited, thereby forfeiting all registration and biennial renewal fees. A collection agency, within fifteen days after receipt of the notification of the registration forfeiture, may request an administrative hearing to review the forfeiture pursuant to chapter 91.  (f) Upon expiration, termination, or cancellation of the bond, the collection agency shall cease to do business as a collection agency in this State and the collection agency shall not resume business in this State until a bond as required in subsection (a) is submitted to the director. [L 1987, c 191, pt of §1; am L 1990, c 246, § §6, 7]
HI Rev Stat § 443B-6 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|443B. Collection Agencies|443B-6 Place of business; principal collector.

  §443B-6 Place of business; principal collector. (a) A collection agency shall have and maintain a regular active business office in the State for the purpose of conducting collection agency business. The business office shall be open to the public during stated reasonable business hours.  (b) Every collection agency shall designate a principal collector to assume responsibility for the direct management and control of the daily operation of the office. [L 1987, c 191, pt of §1]
HI Rev Stat § 443B-7 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|443B. Collection Agencies|443B-7 REPEALED.

  §443B-7 REPEALED. L 1992, c 202, §198.
HI Rev Stat § 443B-8 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|443B. Collection Agencies|443B-8 Manner in which records, funds, and other forms of indebtedness are to be kept by collection agencies.

  §443B-8 Manner in which records, funds, and other forms of indebtedness are to be kept by collection agencies. (a) Every collection agency shall keep and maintain a permanent record or have immediate access to copies of the permanent record of all funds and other forms of indebtedness collected by it, and of all disbursements. Every collection agency shall maintain and keep a record of all clients' funds or have immediate access to copies of the record. No person wilfully shall make any false entry in any collection agency record, or intentionally mutilate, destroy, conceal, or in any way dispose of any record.  (b) A collection agency shall not commingle the money of its clients with its own, but shall maintain a separate trust account for clients' funds in a federally insured financial institution. [L 1987, c 191, pt of §1; am L 1990, c 246, §9]
HI Rev Stat § 443B-9 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|443B. Collection Agencies|443B-9 Collection, attorney's, or commission fees; exception.

  §443B-9 Collection, attorney's, or commission fees; exception. (a) A collection agency shall not collect, or attempt to collect, any collection fee or attorney's fee or commission from any debtor; provided that an attorney's fee or commission may be collected after filing of a suit against any debtor and the fee or commission shall not be in excess of twenty-five per cent of the unpaid principal balance. All attorney's fees or commissions collected by a collection agency shall be remitted to the attorney and no portion of the collection shall be retained by the collection agency.  (b) This section shall not prohibit a collection agency from collecting, or attempting to collect, from a debtor, a commission authorized under a contract with the University of Hawaii, a contract with the department of taxation pursuant to sections 231-13 and 231-26, or a contract with the executive office on early learning. [L 1987, c 191, pt of §1; am L 1996, c 280, §2; am L 1999, c 68, §3; am L 2002, c 213, §3; am L 2021, c 210, §8]
HI Rev Stat § 443B-10 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|443B. Collection Agencies|443B-10 Reports and payments by agency.

  §443B-10 Reports and payments by agency. Every collection agency shall, within thirty days after the close of each calendar month, report and pay to its clients the net amount due to each client out of all collections made during the preceding calendar month.  In the event the gross amount due is paid to a client and the client fails to pay a collection agency any sums due under this section, the collection agency shall have, in addition to other remedies provided by law, the right to offset any moneys due the collection agency under this section against any moneys due its client. [L 1987, c 191, pt of §1; am L 1990, c 246, §10]
HI Rev Stat § 443B-10.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|443B. Collection Agencies|443B-10.5 Fiduciary responsibility. Each collection agency shall be considered a fiduciary with respect to its clients and shall keep and disburse funds collected on its client's behalf in strict compliance with any agreement made with a client and with all applicable laws. [L 1990, c 246, pt of §1]

  §443B-10.5 Fiduciary responsibility. Each collection agency shall be considered a fiduciary with respect to its clients and shall keep and disburse funds collected on its client's behalf in strict compliance with any agreement made with a client and with all applicable laws. [L 1990, c 246, pt of §1]
HI Rev Stat § 443B-11 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|443B. Collection Agencies|443B-11 Action on collection agency bond.

  §443B-11 Action on collection agency bond. If a collection agency has failed to account for and pay over the proceeds of any collection made, the client shall have, in addition to all other legal remedies, a right of action in the client's own name on the bond given pursuant to this chapter and the total of all recoveries from the sureties shall not exceed the face of the bond. Upon entering judgment for plaintiff in any action on the bond required by this chapter, for more than any sum which may have been tendered in court by the defendant, the court shall include in the judgment reasonable compensation for the services of plaintiff's attorney in the action. [L 1987, c 191, pt of §1]
HI Rev Stat § 443B-12 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|443B. Collection Agencies|443B-12 Remedies not exclusive.

  §443B-12 Remedies not exclusive. The remedies provided for in this chapter are in addition to and not exclusive of any other remedies provided by law. [L 1987, c 191, pt of §1]
HI Rev Stat § 443B-13 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|443B. Collection Agencies|443B-13 Jurisdiction of courts.

  §443B-13 Jurisdiction of courts. The various district courts of the State shall have concurrent jurisdiction with the circuit courts in all criminal prosecutions for violations of this chapter. [L 1987, c 191, pt of §1]
HI Rev Stat § 443B-14 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|443B. Collection Agencies|443B-14 Penalties.

  §443B-14 Penalties. Any violation of this chapter is punishable by a fine of not more than $5,000 per violation. Any officer, agent, or employee of a collection agency who personally participates in any violation of this chapter by the collection agency shall be subject to penalties prescribed in this section. [L 1987, c 191, pt of §1; am L 2012, c 52, §2]
HI Rev Stat § 443B-15 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|443B. Collection Agencies|443B-15 Threats or coercion.

  §443B-15 Threats or coercion. No collection agency shall collect or attempt to collect any money or other forms of indebtedness alleged to be due and owing by means of any threat, coercion, or attempt to coerce, including any conduct which is described as follows:   (1) The use, or express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property of any person;   (2) The accusation or threat to falsely accuse any person of fraud or any crime or any conduct which, if true, would tend to disgrace the other person or in any way subject a person to ridicule or any conduct which, if true, would tend to disgrace the other person or in any way subject a person to the ridicule or contempt of society;   (3) False accusations made to another person, including any credit reporting agency that a debtor or an alleged debtor has not paid a just debt, or threat to so make false accusations;   (4) The threat to sell or assign to another the obligation of a debtor or an alleged debtor with an attending representation or implication that the result of the sale or assignment would be that the debtor or alleged debtor would lose any defense to the claim or would be subjected to harsh, vindictive, or abusive collection attempts; and  (5) The threat that nonpayment of an alleged claim will result in the arrest of any person. [L 1987, c 191, pt of §1; am L 1990, c 246, §11]
HI Rev Stat § 443B-16 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|443B. Collection Agencies|443B-16 Harassment and abuse.

  §443B-16 Harassment and abuse. No collection agency shall oppress, harass, or abuse any person in connection with the collection of or attempt to collect any claim alleged to be due and owing by that person or another in any of the following ways:  (1) The use of profane or obscene language that is intended to abuse the hearer or reader;  (2) The placement of telephone calls without disclosure of the caller's identity or with the intent to harass, or threaten any person at the called number; and  (3) Causing expense to any person in the form of long distance telephone tolls, telegram fees, or other charge incurred by a medium of communication, by concealment of the true purpose of the notice, letter, message, or communication. [L 1987, c 191, pt of §1]
HI Rev Stat § 443B-17 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|443B. Collection Agencies|443B-17 Unreasonable publication.

  §443B-17 Unreasonable publication. No collection agency shall unreasonably publicize information relating to any alleged indebtedness or debtor, in any of the following ways:  (1) The disclosure, publication, or communication of any false information relating to the indebtedness of a debtor or alleged debtor to any employer or the employer's agent;  (2) The disclosure, publication, or communication of false information relating to the indebtedness of a debtor or alleged debtor to any relative or family member of the debtor or alleged debtor;  (3) The disclosure, publication, or communication of any information by a collection agency relating to the indebtedness of a debtor or alleged debtor by publishing or posting any list of debtors, except for the publication of "stop lists" to point-of-sale locations where credit is extended, or by advertising for sale any claim to enforce payment thereof or in any other manner other than through proper legal action, process, or proceeding; and  (4) The use of any form of communication by a collection agency to the debtor or alleged debtor, which ordinarily may be seen by any other person, that displays or conveys any information about the alleged claim other than the name, address, and phone number of the collection agency. [L 1987, c 191, pt of §1]