reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440E. Mixed Martial Arts Contests › 440E-27 Revocation; suspension.

§440E-27 Revocation; suspension.
(a) In addition to any other acts or conditions provided by law, the director may refuse to renew, reinstate, or restore or may deny, revoke, suspend, fine, reprimand, or condition in any manner, the license of any person or entity issued for this chapter, for any cause authorized by law, including but not limited to the following:
(1) Violation of any provision of this chapter or the rules adopted by the director, or any other law or rule that applies to those persons licensed under this chapter;
(2) Manifest incapacity, professional misconduct, or unethical conduct;
(3) Making any false representations or promises through advertising or other dissemination of information;
(4) Any fraudulent, dishonest, or deceitful act in connection with the licensing of any promoter under this chapter or in connection with any mixed martial arts contest;
(5) Making any false or misleading statement in any application or document submitted or required to be filed under this chapter;
(6) Revocation or suspension of a license or other disciplinary action against the licensee by any other regulatory entity over mixed martial arts contests;
(7) Failure to report any disciplinary action, including medical and mandatory suspensions, or revocation or suspension of a license in another jurisdiction not less than fifteen calendar days preceding any mixed martial arts match in which the licensee participates or within thirty calendar days following the disciplinary decision, whichever is earlier; or
(8) Participation in any sham or false mixed martial arts contest.
(b) A manager may be held responsible for all violations of this chapter by a mixed martial arts contestant whom the manager manages and may be subject to license revocation or suspension, or a fine, or any combination thereof, irrespective of whether any disciplinary action is taken against the mixed martial arts contestant. [L 2007, c 279, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440E. Mixed Martial Arts Contests › 440E-28 Penalties.

§440E-28 Penalties.
(a)
Any person in violation of this chapter or the rules adopted pursuant thereto shall be fined not more than $5,000 for each violation. Each day's violation or failure to comply shall be deemed a separate offense.
(b) In addition to the penalties provided in this chapter, any person in violation of this chapter may be prohibited from engaging in any mixed martial arts activities in the State for a period in conformity with that set forth in section 92-17. [L 2007, c 279, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440E. Mixed Martial Arts Contests › 440E-29 Cumulative penalties.

§440E-29 Cumulative penalties.
Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. [L 2007, c 279, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440E. Mixed Martial Arts Contests › 440E-30 Injunctive relief.

§440E-30 Injunctive relief.
The director may, in addition to any other remedies available, bring an action in any court of this State to enjoin a person from continuing any violation of this chapter or doing any acts in furtherance thereof, and for any other relief that the court deems appropriate. [L 2007, c 279, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440G. Cable Television Systems › 440G-4 Issuance of cable franchises and regulation of cable operators by director of commerce and consumer affairs.

§440G-4 Issuance of cable franchises and regulation of cable operators by director of commerce and consumer affairs.
The director shall be empowered to issue cable franchises and otherwise administer and enforce this chapter. [L 1970, c 112, pt of §1; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1987, c 301, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440G. Cable Television Systems › 440G-5 Cable franchise required.

§440G-5 Cable franchise required.
No person shall construct, operate, or acquire a cable system, or extend an existing cable system outside its designated service area, without first obtaining a cable franchise as provided in this chapter. [L 1970, c 112, pt of §1; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1987, c 301, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440G. Cable Television Systems › 440G-6 Application or proposal for cable franchise; fee; certain requirements.

§440G-6 Application or proposal for cable franchise; fee; certain requirements.
(a) No cable franchise shall be issued except upon written application or proposal therefor to the director, accompanied by a fee of $1,000.
(b) An application for issuance of a cable franchise shall be made in a form prescribed by the director. The application shall set forth the facts as required by the director to determine in accordance with section 440G-8(b) whether a cable franchise should be issued, including facts as to:
(1) The citizenship and character of the applicant;
(2) The financial, technical, and other qualifications of the applicant;
(3) The principals and ultimate beneficial owners of the applicant;
(4) The public interest to be served by the requested issuance of a cable franchise; and
(5) Any other matters deemed appropriate and necessary by the director including the proposed plans and schedule of expenditures for or in support of the use of public, educational, and governmental access facilities.
(c) A proposal for issuance of a cable franchise shall be accepted for filing in accordance with section 440G-7 only when made in response to the written request of the director for the submission of proposals. [L 1970, c 112, pt of §1; gen ch 1985; am L 1987, c 301, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440G. Cable Television Systems › 440G-7 Cable franchise application or proposal procedure; public hearing; notice.

§440G-7 Cable franchise application or proposal procedure; public hearing; notice.
An application or proposal for a cable franchise shall be [processed] as follows:
(1) After the application or proposal and required fee are received by the director and within a time frame established by rule, the director shall notify an applicant in writing of the acceptance or nonacceptance for filing of an application or proposal for issuance of a cable franchise required by this chapter;
(2) After the issuance of a notice of acceptance for filing and within a time frame established by rule, the director shall hold a public hearing on the application or proposal to afford interested persons the opportunity to submit data, views, or arguments, orally or in writing. Notice thereof shall be given to the governing council and mayor of the county and to any telephone or other utility and cable company in the county in which the proposed service area is located. The director shall also give public notice of the application and hearing at least once in each of two successive weeks in the county in which the proposed service area is located. The last notice shall be given at least fifteen days prior to the date of the hearing;
(3) After holding a public hearing, the director shall approve the application or proposal in whole or in part, with or without conditions or modifications, or shall deny the application or proposal, with reasons for denial sent in writing to the applicant. If the director does not take final action after the issuance of a notice of acceptance for filing and within a time frame established by rule, the application or proposal shall be deemed denied; and
(4) The time limit for final action may be extended, on the director's approval of the applicant's request and justification in writing for an extension of time to the director at least two weeks in advance of the requested effective date of the extension, or by mutual agreement. [L 1970, c 112, pt of §1; am L 1987, c 301, §7; am L 1998, c 2, §101]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440G. Cable Television Systems › 440G-8 Issuance of cable franchise authority; criteria; content.

§440G-8 Issuance of cable franchise authority; criteria; content.
(a) The director is empowered to issue a cable franchise to construct or operate facilities for a cable system upon the terms and conditions provided in this chapter.
(b) The director, after a public hearing as provided in this chapter, shall issue a cable franchise to the applicant when the director is convinced that it is in the public interest to do so. In determining whether a cable franchise shall be issued, the director shall take into consideration, among other things, the content of the application or proposal, the public need for the proposed service, the ability of the applicant to offer safe, adequate, and reliable service at a reasonable cost to the subscribers, the suitability of the applicant, the financial responsibility of the applicant, the technical and operational ability of the applicant to perform efficiently the service for which authority is requested, any objections arising from the public hearing, the cable advisory committee established by this chapter, or elsewhere, and any other matters as the director deems appropriate in the circumstances.
(c) In determining the area which is to be serviced by the applicant, the director shall take into account the geography and topography of the proposed service area, and the present, planned, and potential expansion in facilities or cable services of the applicant's proposed cable system and existing cable systems.
(d) In issuing a cable franchise under this chapter, the director is not restricted to approving or disapproving the application or proposal but may issue it for only partial exercise of the privilege sought or may attach to the exercise of the right granted by the cable franchise terms, limitations, and conditions which the director deems the public interest may require. The cable franchise shall be nonexclusive, shall include a description of the service area in which the cable system is to be constructed, extended, or operated and the approximate date on which the service is to commence and shall authorize the cable operator to provide service for a term of fifteen years. [L 1970, c 112, pt of §1; gen ch 1985; am L 1987, c 301, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440G. Cable Television Systems › 440G-8.1 Requirement for adequate service; terms and conditions of service.

§440G-8.1 Requirement for adequate service; terms and conditions of service.
(a) Every cable operator shall provide safe, adequate, and reliable service in accordance with applicable laws, rules, franchise requirements, and its filed schedule of terms and conditions of service.
(b) The director shall require each cable operator to submit a schedule of all terms and conditions of service in the form and with the notice that the director may prescribe.
(c) The director shall ensure that the terms and conditions upon which cable service is provided are fair both to the public and to the cable operator, taking into account the geographic, topographic, and economic characteristics of the service area and the economics of providing cable service to subscribers in the service area. [L 1987, c 301, pt of §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440G. Cable Television Systems › 440G-8.3 Designation of access organizations for public, educational, or governmental access channels.

§440G-8.3 Designation of access organizations for public, educational, or governmental access channels.
[Repeal of section on June 30, 2014, by L 2011, c 19,
§4 deleted by L 2014, c 93,
§4.]
(a) The director may designate access organizations in each franchise area to oversee the development, operation, supervision, management, production, and broadcasting of programs of public, educational, or governmental access facilities obtained under section 440G-8; provided that the designation shall be exempt from chapter 103D.
(b) No access organization shall be designated except upon written application or proposal to the director, and following a public hearing on each island within the local franchise area that provides opportunity for public input and allows interested parties to intervene.
(c) In determining whether to make a designation, the director shall consider:
(1) The content of the application or proposal;
(2) The public need for the proposed service;
(3) The ability and experience of the applicant to offer public, educational, or government programming broadcast services;
(4) The suitability of the applicant;
(5) The financial responsibility of the applicant;
(6) The technical and operational ability of the applicant to perform efficiently the services for which the designation is requested;
(7) Any objections arising from the public hearing, the cable advisory committee, or elsewhere; and
(8) Any other matters that the director deems appropriate under the circumstances.
(d) The director may require an applicant to provide information on its process for selecting members of its board of directors; provided that the director shall have no authority to require that an applicant amend its selection process as a condition of designation.
(e) An applicant shall provide information regarding its past performance and any proposed practices for ensuring that the public, educational, or governmental access facilities support the diversity of viewpoints and uphold the public's right of free speech.
(f) The director shall ensure that the terms and conditions required of the operation of an access organization designated under subsection (a) are fair to the public, taking into account the geographic, topographic, and economic characteristics of the service area and the economics of providing cable access in the service area.
(g) Any decision designating, modifying, or rescinding a designation of an access organization or the requirements therefor shall first be submitted to the cable advisory committee for advice under section 440G-13. [L 2011, c 19, §1; am L 2014, c 93, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440G. Cable Television Systems › 440G-9 Complaints; violations; revocation, alteration, or suspension of cable franchise; penalties.

§440G-9 Complaints; violations; revocation, alteration, or suspension of cable franchise; penalties.
(a) Subscriber complaints regarding the operation of a cable system may be made orally or in writing to the director. The director shall resolve complaints informally when possible.
(b) Any cable franchise issued hereunder after hearing in accordance with chapter 91 may be revoked, altered, or suspended by the director as the director deems necessary on any of the following grounds:
(1) For making material false or misleading statements in, or for material omissions from, any application or proposal or other filing made with department;
(2) For failure to maintain signal quality under the standards prescribed by the director;
(3) For any sale, lease, assignment, or other transfer of its cable franchise without consent of the director;
(4) Except when commercially impracticable, for unreasonable delay in construction or operation or for unreasonable withholding of the extension of cable service to any person in a service area;
(5) For violation of the terms of its cable franchise;
(6) For failure to comply with this chapter or any rules or orders prescribed by the director;
(7) For violation of its filed schedule of terms and conditions of service; and
(8) For engaging in any unfair or deceptive act or practice as prohibited by section 480-2.
(c) In lieu of or in addition to the relief provided by subsection (b), the director may fine a cable operator, for each violation of subsection (b)(1) through (8), an amount not less than $50 nor more than $25,000 for each violation. Each day's continuance of a violation may be treated as a separate violation pursuant to rules adopted by the director. Any penalty assessed under this section shall be in addition to any other costs, expenses, or payments for which the cable operator is responsible under other provisions of this chapter. [L 1970, c 112, pt of §1; gen ch 1985; am L 1987, c 301, §10]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440G. Cable Television Systems › 440G-10 Renewal of cable franchise.

§440G-10 Renewal of cable franchise.
Any cable franchise issued pursuant to this chapter may be renewed by the director upon approval of a cable operator's application or proposal therefor. The form of the application or proposal shall be prescribed by the director. The periods of renewal shall be not less than five nor more than twenty years each. The director shall require of the applicant full disclosure, including the proposed plans and schedule of expenditures for or in support of the use of public, educational, or governmental access facilities. [L 1970, c 112, pt of §1; am L 1987, c 301, §11]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440G. Cable Television Systems › 440G-10.1 Transfer of cable franchise.

§440G-10.1 Transfer of cable franchise.
(a) No cable franchise, including the rights, privileges, and obligations thereof, may be assigned, sold, leased, encumbered, or otherwise transferred, voluntarily or involuntarily, directly or indirectly, including by transfer of control of any cable system, 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.
(b) Sections 440G-7 and 440G-8 shall apply to the transfer of cable franchises. [L 1987, c 301, §12]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440G. Cable Television Systems › 440G-11 Rate, filed with director; approval.

§440G-11 Rate, filed with director; approval.
(a) The director shall require each cable operator to file a schedule of its rates of service on a form and with the notice that the director may prescribe.
(b) To the extent permitted by federal law, the director shall regulate rates to ensure that they are fair both to the public and to the cable operator. [L 1970, c 112, pt of §1; am L 1987, c 301, §13]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440G. Cable Television Systems › 440G-12 Other duties of director; suit to enforce chapter.

§440G-12 Other duties of director; suit to enforce chapter.
(a) The director has the power and jurisdiction to supervise and regulate every cable operator within this State so far as may be necessary to carry out the purposes of this chapter, and to do all things which are necessary or convenient in the exercise of this power and jurisdiction.
(b) The director may adopt, pursuant to chapter 91, rules necessary to carry out this chapter.
(c) The director or the director's designated representatives may from time to time visit the places of business and other premises and examine the records and facilities of all cable operators to ascertain if all laws, rules, cable franchise provisions, and orders of the director have been complied with, and shall have the power to examine all officers, agents, and employees of cable operators, and all other persons, under oath, and to compel the production of papers and the attendance of witnesses to obtain the information necessary for administering this chapter.
(d) The director may appoint, without regard to chapter 76, an administrator and one or more attorneys for purposes of enforcing this chapter. The director shall define their powers and duties and fix their compensation. The director may also appoint professional, clerical, stenographic, and other staff as may be necessary for the proper administration and enforcement of this chapter subject to chapter 76.
(e) The director shall have the power and authority to institute all proceedings and investigations, hear all complaints, issue all process and orders, and render all decisions necessary to enforce this chapter or the rules and orders adopted thereunder, or to otherwise accomplish the purposes of this chapter.
(f) The director or other aggrieved party shall have the right to institute, or to intervene as a party in, any action in any court of law seeking a mandamus, or injunctive or other relief to compel compliance with this chapter, or any rule or order adopted thereunder, or to restrain or otherwise prevent or prohibit any illegal or unauthorized conduct in connection therewith. [L 1970, c 112, pt of §1; am L 1971, c 138, §1; gen ch 1985; am L 1987, c 301, §14; am L 1996, c 184, §1; am L 2000, c 253, §150; am L 2006, c 300, §15]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440G. Cable Television Systems › 440G-13 Cable advisory committee.

§440G-13 Cable advisory committee.
[Repeal and reenactment of section on June 30, 2014, by L 2011, c 19, §4 deleted by L 2014, c 93, §4.]
(a) There is established the cable advisory committee. The committee shall consist of five members appointed by the governor as provided in section 26-34.
The committee shall advise:
(1) The director, cable operators, and access organizations on matters within the jurisdiction of this chapter at the request of the director, any cable operator, or any access organization; and
(2) The director on any decision designating, modifying, or rescinding a designation of an access organization or the requirements therefor, as provided in section 440G-8.3.
(b) The members of the committee shall serve without pay but shall be entitled to reimbursement for necessary expenses while attending meetings and while in discharge of their duties. [L 1970, c 112, pt of §1; gen ch 1985; am L 1987, c 301, §15; am L 2011, c 19, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440G. Cable Television Systems › 440G-14 Reports.

§440G-14 Reports.
Each cable operator shall file with the director reports of its financial, technical, and operational condition and its ownership. The reports shall be made in a form and on the time schedule prescribed by the director and shall be kept on file open to the public. [L 1970, c 112, pt of §1; am L 1987, c 301, §16]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440G. Cable Television Systems › 440G-15 Annual fees.

§440G-15 Annual fees.
(a) Each cable operator shall pay an annual fee to be determined by the director. The fees so collected under this section shall be deposited into the compliance resolution fund established under section 26-9(o).
(b) The director shall adjust the fees assessed under this section, as necessary from time to time, pursuant to rules adopted in accordance with chapter 91. [L 1987, c 301, §17; am L 1991, c 87, §1; am L 1993, c 280, §23; am L 1999, c 129, §17]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440G. Cable Television Systems › 440G-17 Criminal and civil liability.

§440G-17 Criminal and civil liability.
Nothing in this chapter shall be deemed to affect the criminal and civil liability of cable programmers, cable operators, or access organizations pursuant to the federal, state, or local laws regarding libel, slander, obscenity, incitement, invasions of privacy, false or misleading advertising, or other similar laws, except that no access organization shall incur any such liability arising from, based on, or related to any program not created by the access organization, which is broadcast on any channel obtained under section 440G-8, or under similar arrangements. [L 1991, c 294, §2]
Cross References
Cable television service fraud, see § §708-8200 and 708-8201.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-2 Certificate of dedication.

§441-2 Certificate of dedication.
Every cemetery authority from time to time as its property may hereafter be made available for cemetery purposes, shall file in the office of the bureau of conveyances or, in the case of registered land, in the office of the assistant registrar of the land court, a written certificate of dedication containing a description of the land or other property which is to be made available for cemetery purposes, and dedicating the property exclusively to cemetery purposes. [L 1967, c 199, pt of §1; HRS §441-2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-3 Map or plat required; unique identifier.

§441-3 Map or plat required; unique identifier.
(a) The cemetery authority, as any of the dedicated cemetery property, or any part or section thereof, is offered for sale, transfer, or disposition in the form of plots, crypts, or niches, shall also:
(1) In the case of land, survey and subdivide the dedicated cemetery property into sections, blocks, plots, avenues, walks, or other subdivisions; make a good and substantial map or plat showing the sections, blocks, plots, avenues, walks, or other subdivisions, with descriptive names, initials, or numbers that uniquely identify each plot;
(2) In the case of a mausoleum or columbarium, make a good and substantial map or plat on which shall be delineated the sections, halls, rooms, corridors, elevation, and other divisions, with descriptive names, initials, or numbers that uniquely identify each niche, mausoleum, or crypt; and
(3) File the maps or plats required by this section in the office of the bureau of conveyances or the office of the assistant registrar of the land court, and maintain a copy of all filed maps as a permanent record of the cemetery authority.
(b) The cemetery authority shall also maintain a permanent, accurate record of the identity of each person whose remains are located in the cemetery, together with the corresponding unique identifier that indicates the location of the person's remains within the cemetery. The records required by this section shall be prepared and maintained in a manner that will enable the cemetery authority to timely respond to inquiries from the public or the department regarding the location of a person's remains within the cemetery.
(c) The cemetery authority shall specify the unique identifier of a plot, crypt, or niche in any document that provides for the sale, transfer, or disposition of the plot, crypt, or niche. [L 1967, c 199, pt of §1; HRS §441-3; am L 2007, c 188, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-4 Subdivision law not applicable; approval of location and boundaries by council.

§441-4 Subdivision law not applicable; approval of location and boundaries by council.
No provision of law, ordinance, or government regulation relating generally to subdivisions, or the sale or transfer of land within subdivisions, shall be applicable to cemeteries. Each county may enact ordinances dealing separately with the development of cemeteries. No cemetery shall hereafter be established, nor shall the boundaries of any existing cemetery be extended, without the location and boundaries of the cemetery or extension thereof having first been approved by the council of the county in which the cemetery is located. The approval may be endorsed in writing by authority of the council, upon the certificate of dedication referred to in section 441-2, and the registrar of conveyances or the assistant registrar of the land court, shall not accept for filing any certificate of dedication without such endorsement or, in lieu thereof, a certified copy of a resolution of the council approving the location and boundaries of the cemetery or extension thereof which resolution shall be recorded. [L 1967, c 199, pt of §1; HRS §441-4]
Revision Note
"Council" substituted for "board of supervisors" to conform to terminology of county charters.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-5 Securities law not applicable to sales of cemetery property.

§441-5 Securities law not applicable to sales of cemetery property.
No provision of law, ordinance, or government regulation relating to the registration and sale of securities shall apply to the sale by a cemetery authority of plots, crypts, or niches dedicated, described, and shown on a proper map or plat pursuant to this chapter. [L 1967, c 199, pt of §1; HRS §441-5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-5.5 Family burial plots.

§441-5.5 Family burial plots.
Owners of residential or agricultural property who use or intend to use their property for the interment of family members, shall be exempt from the provisions of this chapter; provided:
(1) Burial plots on the owner's property shall be offered to family members only;
(2) Burial plots shall not be sold or transferred to anyone, except as part of a sale or transfer of all or a substantial portion of the property; and
(3) Any subsequent disinterment of any person interred on the property shall be conducted as though the property were cemetery property under section 6E-41.
[L 1996, c 145, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-6 When dedication complete; effect of dedication.

§441-6 When dedication complete; effect of dedication.
Upon the recordation or filing of a map or plat and certificate of dedication pursuant to sections 441-2 and 441-3, the dedication is complete with respect to all property or parts thereof which are described or depicted in or on both the certificate of dedication and map or plat for all purposes and thereafter the property shall be occupied and used exclusively for cemetery purposes. [L 1967, c 199, pt of §1; HRS §441-6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-7 Constructive notice of dedication.

§441-7 Constructive notice of dedication.
The filed map or plat and the recorded certificate of dedication shall constitute constructive notice to all persons of the dedication of the property to cemetery purposes. [L 1967, c 199, pt of §1; HRS §441-7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-8 Resurvey; amended map or plat.

§441-8 Resurvey; amended map or plat.
Any plat of the property mapped or platted in accordance with this chapter may be resurveyed and replatted, and an amended map or plat filed, so long as such change does not disturb the interred remains of any deceased person. [L 1967, c 199, pt of §1; HRS §441-8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-9 Dedicated property exempt from improvement assessment.

§441-9 Dedicated property exempt from improvement assessment.
All property dedicated to cemetery purposes pursuant to this chapter, including roads, alleys, and walks, but excluding property on which there are family burial plots, shall be exempt from public improvement assessments. [L 1967, c 199, pt of §1; HRS §441-9; am L 1996, c 145, §3]
Cross References
Excise tax exemption, see §237-23.
Real property tax exemption, see §246-32.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-10 Proration and consolidation of existing improvement district encumbrances in order to clear such encumbrances prior to dedication.

§441-10 Proration and consolidation of existing improvement district encumbrances in order to clear such encumbrances prior to dedication.
Notwithstanding section 441-4 exempting dedicated cemetery property from subdivision laws, the map or plat required by section 441-3 may be treated for purposes of proration or consolidation of any improvement district lien as a subdivision or consolidation thereof. [L 1967, c 199, pt of §1; HRS §441-10]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-11 Use as cemetery may not be disturbed after dedication.

§441-11 Use as cemetery may not be disturbed after dedication.
After property is dedicated to cemetery purposes pursuant to this chapter, neither the dedication nor the title of any plot, crypt, or niche owner shall be affected by the dissolution of the cemetery authority, by nonuser on its part, by alienation of the property, by any liens or encumbrances, by sale under execution, power of sale, or foreclosure, or otherwise except as expressly provided by law. Nothing herein, however, shall affect the rights of encumbrances which attached to property prior to the dedication thereof for cemetery purposes. [L 1967, c 199, pt of §1; HRS §441-11]
Cross References
Cemeteries; removal or redesignation, see §6E-41.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-13 Sale of plots after dedication; sale of encumbered plots prohibited unless encumbrance subordinate to dedication.

§441-13 Sale of plots after dedication; sale of encumbered plots prohibited unless encumbrance subordinate to dedication.
After property is dedicated pursuant to this chapter, a cemetery authority may sell, transfer, and convey plots, crypts, or niches thereof, which plots, crypts, or niches shall be described by reference to the map or plat, or amended map or plat, filed in accordance with section 441-3 or 441-8. No plot, crypt, or niche shall be sold, transferred, conveyed, or otherwise disposed of, or offered for sale, transfer, conveyance, or other disposition, unless the property on or in which the plot, crypt, or niche is included has been dedicated pursuant to this chapter, nor shall any plot, crypt, or niche be sold, transferred, conveyed, or otherwise disposed of, or offered for sale, transfer, conveyance, or other disposition, unless the property on or in which the plot, crypt, or niche is included shall either be free and clear of all encumbrances or there has been recorded the written consent of every encumbrancer thereof that the encumbrancer's encumbrance shall be subject and subordinate to the dedication of the property to cemetery purposes and the title of any plot, crypt, or niche owner. [L 1967, c 199, pt of §1; HRS §441-13; gen ch 1985; am L 2007, c 188, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-14 Dedication to cemetery purposes does not violate laws against perpetuities.

§441-14 Dedication to cemetery purposes does not violate laws against perpetuities.
Dedication to cemetery purposes pursuant to this chapter is not invalid as violating any laws against perpetuities or the suspension of the power of alienation of title to or use of property, but is expressly permitted and deemed to be in respect for the dead, a provision for the interment of human remains, and a duty to and for the benefit of the general public. [L 1967, c 199, pt of §1; HRS §441-14]
Cross References
Uniform statutory rule against perpetuities, see chapter 525.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-15 Removal of dedication.

§441-15 Removal of dedication.
Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes unless and until the dedication is removed from all or any part of it by an order and decree of the circuit court of the judicial circuit in which the property is located and the decree is filed in the bureau of conveyances or land court in a proceeding brought by the cemetery authority for that purpose and upon notice of hearing and proof satisfactory to the court:
(1) That no interments were made in or that all interments have been removed from that portion of the property from which dedication is sought to be removed;
(2) That the portion of the property from which dedication is sought to be removed is not being used for interment of human remains. [L 1967, c 199, pt of §1; HRS §441-15]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-16 Hearing.

§441-16 Hearing.
The notice of hearing provided in section 441-15 shall be given by publication once a week for at least three consecutive weeks in a daily newspaper of general circulation in the county where the cemetery is located, and the posting of copies of the notice in three conspicuous places on that portion of the property from which the dedication is to be removed. The notice shall:
(1) Describe the portion of the cemetery property sought to be removed from dedication;
(2) State that all remains have been removed or that no interments have been made in the portion of the cemetery property sought to be removed from dedication;
(3) Specify the time and place of the hearing. [L 1967, c 199, pt of §1; HRS §441-16]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-17 Existing cemeteries deemed dedicated; extension of existing cemeteries.

§441-17 Existing cemeteries deemed dedicated; extension of existing cemeteries.
All existing cemeteries or parts thereof which shall have been lawfully established, and for which a map or plat substantially similar to that required by section 441-3 has been filed or recorded in the bureau of conveyances or in the office of the assistant registrar of the land court, shall be deemed to have been dedicated as of [July 1, 1967], to the same extent and with like effect as provided in this chapter. [L 1967, c 199, pt of §1; HRS §441-17]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-19 Powers and duties of director.

§441-19 Powers and duties of director.
In addition to any other powers and duties authorized by law, the director, pursuant to chapter 91 shall:
(1) Grant licenses to cemetery and pre-need funeral authorities pursuant to this chapter and rules adopted pursuant thereto;
(2) Adopt, amend, or repeal rules as the director deems proper to fully effectuate this chapter and carry out the purpose thereof, which is the protection of the general public in its acquisitions of cemetery property, pre-need interment services, at-need funeral services, and pre-need funeral services. The rules may forbid acts or practices deemed by the director to be detrimental to the accomplishment of the purpose of this chapter, and the rules may require mortuary, cemetery, and pre-need funeral authorities to make reports to the director containing such information as will better enable the director to enforce this chapter and the rules, or as will better enable the director from time to time to amend the rules to more fully effectuate the purpose of this chapter. The rules may also require mortuary, cemetery, and pre-need funeral authorities to furnish reports to their clients containing such matters of information as the director deems necessary to promote the purpose of this chapter; provided that this enumeration of specific matters which may properly be made the subject of rules shall not be construed to limit the director's broad general power to make all rules necessary to fully effectuate the purpose of this chapter;
(3) Enforce this chapter and rules adopted pursuant thereto;
(4) Fine, suspend, or revoke any license for any cause prescribed by this chapter, or for any violation of the rules, and refuse to grant any license for any cause that would be grounds for revocation or suspension of a license;
(5) Report to the governor annually and at such other times and in such other manner as the governor may require concerning the director's activities;
(6) Publish and distribute pamphlets and circulars containing such information as the director deems proper to further the accomplishments of the purpose of this chapter;
(7) Investigate the actions of any person acting in the capacity of a licensee under this chapter if there is reason to believe that there may be a violation of this chapter or the rules adopted pursuant thereto;
(8) Extend the deadline for, or defer the filing of, any periodic report required under this chapter, provided that the licensee meets the conditions and requirements set forth by the director in rules; and
(9) Provide in the rules for alternatives to any bonding or insurance requirement imposed by this chapter when a bond or insurance cannot reasonably be secured and the alternative measures provide for the same degree of protection to the consumer. [L 1967, c 199, pt of §1; HRS §441-19; am L 1969, c 242, §2; am L 1975, c 21, §4; am L 1981, c 221, §4; am L 1985, c 101, §2; gen ch 1985; am L 1986, c 35, §1; am L 1992, c 202, §50]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-20 License required to act as cemetery or pre-need funeral authority.

§441-20 License required to act as cemetery or pre-need funeral authority.
No person shall act as a cemetery or pre-need funeral authority without a license previously issued by the director in compliance with this chapter and the rules of the director; provided that the director shall exempt any cemetery authority upon its proof satisfactory to the director that it will not make any additional interments. [L 1967, c 199, pt of §1; HRS §441-20; am L 1969, c 242, §3; am L 1975, c 21, §5; am L 1981, c 221, §5; am L 1982, c 66, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-20.5 Audit of records of cemetery or pre-need funeral authority.

§441-20.5 Audit of records of cemetery or pre-need funeral authority.
The department may audit the records of any cemetery or pre-need funeral authority with respect to its funds and pre-need trusts as they pertain to the deposits and withdrawals to the fund and trust. For that purpose, the department shall have free access to the office and places of business of all cemetery and pre-need funeral authorities and the trustee. The department may contract with a private consultant to audit the records of any cemetery or pre-need funeral authority, the cost of which shall be borne by the authority. [L 1985, c 101, §28]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-20.6 Retaining consultants.

§441-20.6 Retaining consultants.
(a) The director may retain private consultants, by contract or otherwise, as determined by the director, in connection with the review of filings required of cemetery authorities, pre-need funeral authorities, or applicants under this chapter. Except as limited under subsection (c) below, the cost of contracting private consultants shall be borne by the cemetery authority, pre-need funeral authority, or applicant making the filing.
(b) The consultant shall perform all tasks as directed by the director under subsection (a), including but not limited to:
(1) Reviewing the filing, in whole or in part, including documentation and other provided materials, for the purpose of examining its compliance with the requirements of this chapter, rules adopted by the director pursuant to this chapter, and other applicable laws; and
(2) Providing to the director a written analysis of the filing upon completing the review, including an opinion of the nature and extent to which there is compliance with this chapter, rules adopted by the director pursuant to this chapter, and other applicable laws.
(c) Without the written consent of the cemetery authority, pre-need funeral authority, or applicant making the filing, the cost to be borne by a cemetery authority, pre-need funeral authority, or applicant for a filing under this chapter shall not exceed $25,000; provided that in the event the cost reaches $25,000 and prior to any consultant continuing with the review, the cemetery authority, pre-need funeral authority, or applicant making the filing shall:
(1) Provide written consent to exceed the $25,000 fee;
(2) Withdraw the filing; or
(3) Except in the case of an incomplete filing, receive a denial or refusal by the director to approve the filing.
By providing the written consent described in subsection (c)(1), the cemetery authority, pre-need funeral authority or applicant making the filing shall not be deemed to have waived any rights it may have under chapters 91 and 436B should the director subsequently deny or refuse to approve the filing. [L 2002, c 214, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-21 No cemetery or pre-need funeral authority license issued when.

§441-21 No cemetery or pre-need funeral authority license issued when.
No cemetery or pre-need funeral authority license shall be issued:
(1) To any person unless the person has filed an application therefor;
(2) To any person who does not possess financial integrity;
(3) To any person unless it is a religious institution, corporation, county, or any association which has a perpetual existence;
(4) To any person unless the person files with the director a bond as required by section 441-22;
(5) To any person failing to establish and maintain pre-need trusts and perpetual care funds as required by this chapter;
(6) To any person failing to file with the director a copy of the documentation as required by either section 441-37(a) and (b) or section 441-37(a) and (c);
(7) To any person failing to file with the director a copy of contract form as required by section 441-32.5. [L 1967, c 199, pt of §1; HRS §441-21; am L 1969, c 242, §4; am L 1975, c 21, §6; am L 1981, c 221, §6; am L 1982, c 66, §3; am L 1985, c 101, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-22.1 Exemption.

§441-22.1 Exemption.
(a) The director shall exempt any cemetery authority from the provisions of this chapter upon proof satisfactory to the director that the cemetery authority does not sell for financial profit; provided that a cemetery authority exempted under this section shall be required to comply with any provision of this chapter upon order by the director.
(b) Any church granted an exemption under this section shall be exempt from all requirements of this chapter. Any entity that is exempt as a church under federal tax law shall be considered a church for purposes of this section. [L 1968, c 14, §3; am L 1981, c 221, §8; am L 1985, c 101, §5; am L 2020, c 22, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-22.2 Pre-need trusts required.

§441-22.2 Pre-need trusts required.
Every cemetery and pre-need funeral authority shall maintain one or more trusts for deposit of payments received from purchasers of pre-need services. [L 1969, c 242, §15; am L 1982, c 66, §5; am L 1985, c 101, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 441. Cemetery and Funeral Trusts › 441-22.6 Mortuary, cemetery, or pre-need funeral authority: price list to be furnished.

§441-22.6 Mortuary, cemetery, or pre-need funeral authority: price list to be furnished.
(a) Each mortuary, cemetery, or pre-need funeral authority shall provide to every prospective purchaser, for written approval, a current price list, which shall contain separately stated prices for each type of property, service, or item which is a part of the cemetery property, interment, or funeral services and related commodities which the mortuary, cemetery, or pre-need funeral authority offers, including the price for services directly related to the transfer of ownership rights. Pursuant to section 441-22.7, no further additional charges or fees shall be added to the price list for perpetual care subsequent to the execution of the contract for any purpose and on any occasion.
(b) The mortuary, cemetery, or pre-need funeral authority may use the format for a price list as established by the rules adopted by the director. [L 1980, c 23, pt of §1; am L 1985, c 101, §8; am L 1998, c 232, §3]