reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448H. Elevator Mechanics › 448H-5 Powers and duties of the board.

§448H-5 Powers and duties of the board.
In addition to any other powers and duties authorized by law, the board shall:
(1) Adopt rules in accordance with chapter 91 to carry out the purposes of this chapter;
(2) Develop, apply, review and upgrade appropriate techniques, including examinations and investigations for determining whether a person meets the requirements of this chapter and standards to insure that elevator mechanics will be persons qualified to serve as such;
(3) Prescribe, at a minimum, that a nationally recognized examination, augmented with locally developed material, be used in testing for licensure, the passing grade for the examination to be not less than seventy per cent;
(4) Issue licenses to persons determined, after application of those techniques, to have met the required qualifications and revoke or suspend licenses, previously issued by the board pursuant to hearings held in accordance with chapter 91, in any case where the individual holding any license is determined substantially to have failed to conform to the required qualifications, this chapter, or the rules of the board;
(5) Establish and carry out procedures designed to insure that persons licensed as elevator mechanics will, during any period they serve as such, comply with the requirements of this chapter, the rules of the board, and chapter 397 and rules adopted thereunder;
(6) Receive, investigate, and take appropriate action with respect to, any charge or complaint filed with the board to the effect that any individual licensed as an elevator mechanic has failed to comply with the requirements of this chapter regarding any complaint regarding job performance by mechanics, the rules of the board, or chapter 397 and the rules adopted thereunder;
(7) Register apprentice elevator mechanics;
(8) Maintain a record of its proceedings;
(9) Assist and advise the department of labor and industrial relations in the adoption of rules relating to the conditions of work for elevator mechanics including requirements related to equipment or facilities essential for the safe installation, repair, maintenance, or alteration of any elevator, dumbwaiter, escalator, moving walk or ramp, and lift; and
(10) Notify the department of labor and industrial relations of any fact or situation that, in the opinion of the board, constitutes a violation of chapter 397 or of any rule adopted thereunder. [L 1971, c 190, pt of §1; am L 1973, c 181, §1; am L 1979, c 217, §4; am L 1983, c 36, §4; am L 1985, c 198, §2; am L 1992, c 202, §88; gen ch 1993]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448H. Elevator Mechanics › 448H-6 Qualifications for license.

§448H-6 Qualifications for license.
No person shall be licensed as an elevator mechanic unless the person has satisfactorily passed the examination administered by the board and satisfactorily completed at least four years of training under the supervision of a licensed elevator mechanic. [L 1971, c 190, pt of §1; am L 1973, c 44, §1; gen ch 1985, 1993; am L 2004, c 31, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448H. Elevator Mechanics › 448H-7 Temporary permit.

§448H-7 Temporary permit.
The board may issue a temporary permit to any person who has qualified as an elevator mechanic in another state with standards substantially equal to those of this chapter and who possesses skills or training not available in the State; provided that the board shall not register any such person as an apprentice elevator mechanic. The board shall, by rules and regulations, establish the terms of the temporary permit. [L 1971, c 190, pt of §1; am L 1972, c 124, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448H. Elevator Mechanics › 448H-8 Fees.

§448H-8 Fees.
Application, examination, license, temporary permit, and biennial renewal fees shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91. A fee is required for each reexamination. Application fees are not refundable.
Licenses shall expire on June 30 of each even-numbered year. [L 1971, c 190, pt of §1; am L 1975, c 118, §14; am L 1984, c 7, §29; am L 1992, c 202, §89]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448H. Elevator Mechanics › 448H-9 Injunctive relief.

§448H-9 Injunctive relief.
The board may apply for an injunction in any court of competent jurisdiction to enjoin any person who has not been issued a license or registered or whose license has been suspended or revoked or has expired; and, upon the filing of a verified petition in the court, the court or any judge thereof, if satisfied by affidavit or otherwise, may issue a temporary injunction, without notice or bond, enjoining the defendant from further practicing as an elevator mechanic. A copy of the verified complaint shall be served upon the defendant and the proceedings shall thereafter be conducted as in other civil cases. If it is established that the defendant has been or is practicing as an elevator mechanic without having been issued a license or registered or has been or is practicing as an elevator mechanic after the defendant's license has been suspended or revoked or has expired, the court or any judge thereof may enter a decree enjoining the defendant from further practicing as an elevator mechanic. In case of violation of any injunction issued under this section, the court may summarily try and punish the offender for contempt of court. The injunction proceeding shall be in addition to, and not in lieu of, all penalties and other remedies provided in this chapter. [L 1971, c 190, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 448H. Elevator Mechanics › 448H-10 Penalties.

§448H-10 Penalties.
Any person who violates this chapter shall be fined not more than $500 for a first offense. For each subsequent offense the person shall be fined not more than $1,000, or imprisoned not more than one year, or both. [L 1971, c 190, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-1.5 Applicability of chapter. This chapter shall apply to all escrow depositories and to any other corporations that, by violating any of the provisions of this chapter, shall be subject to the penalties and fines provided in this chapter. [L 1992, c 205, pt of §1]

§449-1.5
Applicability of chapter.
This chapter shall apply to all escrow depositories and to any other corporations that, by violating any of the provisions of this chapter, shall be subject to the penalties and fines provided in this chapter.
[L 1992, c 205, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-1.6 Name of escrow depository.

§449-1.6 Name of escrow depository.
The name of every escrow depository licensed to engage in business in this State shall be subject to the approval of the commissioner, and shall have the following characteristics:
(1) It shall be unique;
(2) It shall not be confusing or likely to mislead the public into believing that the escrow depository is related to or part of another company, if it is not so related;
(3) It shall contain the words "escrow" or "escrow depository"; and
(4) It may but need not contain the words "Corporation", "Incorporated", "Corp.", "Inc.", "Limited" or "Ltd.".
This section shall not apply to escrow depositories which were licensed on January 1, 1992. Where an escrow depository that is not required to comply with this section is subsequently sold or acquired, the commissioner may require the acquired company to comply with this section.
[L 1992, c 205, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-1.7 Indicia of escrow depository prohibited.

§449-1.7 Indicia of escrow depository prohibited.
Unless licensed under this chapter to engage in the business of an escrow depository, no person may use the word "escrow" or words of similar import, or translations of those words, as a facetious or fanciful name, or in a manner that might suggest or tend to lead others into believing that the person is an escrow depository.
[L 1992, c 205, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-1.8 Confidential portion of application or records.

§449-1.8 Confidential portion of application or records.
Information contained in any application or record shall be made available to the public unless that information may be withheld from public disclosure by the commissioner under chapter 92F. [L 2001, c 184, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-1.9 Powers of commissioner

§449-1.9 Powers of commissioner
. In addition to any other powers provided by law, the commissioner may:
(1) Administer and enforce the provisions and requirements of this chapter;
(2) Adopt, amend, or repeal rules or declaratory rulings pursuant to chapter 91 to effectuate the purposes of this chapter;
(3) Issue informal nonbinding interpretations to effectuate the purposes of this chapter;
(4) Investigate and conduct hearings regarding any violation of this chapter or any rule or order of the commissioner;
(5) Contract with or employ qualified persons, including investigators, examiners, or auditors who shall be exempt from chapter 76 and who shall assist the commissioner in exercising the commissioner's powers and duties;
(6) Deposit all fees, fines, and charges collected by the commissioner under this chapter into the compliance resolution fund established pursuant to section 26-9(o);
(7) Process and investigate complaints, subpoena witnesses and documents, administer oaths, and receive affidavits and oral testimony, including through electronic means, and conduct contested case proceedings;
(8) Report any violation of this chapter or violation of federal or state law to the United States Commissioner of Housing and Urban Development or any other federal agency having jurisdiction over the licensee; and
(9) Enter into agreements or contracts with the operators of NMLS or other entities designated by NMLS to collect and maintain records and process transaction fees or other fees related to licensees or other persons subject to this chapter; provided that:
(A) For the purpose and the extent necessary to use NMLS, the commissioner may:
(i) Require all escrow depositories to register with NMLS; and
(ii) Waive or modify, in whole or in part, by rule or order, any or all of the requirements of this chapter and establish new requirements as reasonably necessary to participate in NMLS; and
(B) In addition to other uses of NMLS, the commissioner may use NMLS as an agent for:
(i) Requesting information from and distributing information to the United States Department of Justice or any other governmental agency; and
(ii) Requesting and distributing information to and from any source directed by the commissioner. [L 2013, c 166, §1; am L 2016, c 224, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-2 Rules.

§449-2 Rules.
Subject to chapter 91, the commissioner may adopt such rules as the commissioner deems necessary for the effective administration and enforcement of this chapter. [L 1967, c 144, pt of §1; HRS §449-2; am L 1985, c 269, §50; gen ch 1985; am L 1992, c 205, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-3 Excepted from this chapter.

§449-3 Excepted from this chapter.
This chapter does not apply to any of the following when acting as escrow depositories:
(1) Banks, trust companies, and savings and loan associations, authorized under any law of this State or of the United States to do business in the State;
(2) Any person licensed as a real estate broker in the State who is the broker for a party to the escrow, provided the person does not charge any escrow fee; and
(3) Any person licensed to practice law in the State who, in escrow, is not acting as the employee of a corporation, provided the person does not charge any escrow fee. [L 1967, c 144, pt of §1; HRS §449-3; am L 1973, c 173, §1; gen ch 1985; am L 1992, c 205, §4; am L 1996, c 27, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-4 Administrative penalty.

§449-4 Administrative penalty.
(a) Any person who violates any of the provisions of this chapter, shall be subject to an administrative fine of a maximum of $5,000 for each violation. The commissioner may impose an administrative fine on a licensee or person subject to this chapter if the commissioner finds on the record after notice and opportunity for hearing that the licensee or person subject to this chapter has violated or failed to comply with any requirement of this chapter or any rule prescribed by the commissioner under this chapter or order issued under the authority of this chapter.
(b) Each violation under this chapter or failure to comply with any directive or order of the commissioner shall be a separate and distinct violation.
(c) Notwithstanding section 480-13.5, any violation of this chapter that is directed toward, targets, or injures an elder may be subject to an additional civil penalty not in excess of $10,000 for each violation in addition to any other fines or penalties assessed for the violation.
(d) No licensee shall be subject to this penalty for a violation of section 449-16(b) or (c) if the violation was not intentional or resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adopted to avoid that error. Examples of bona fide errors include, but are not limited to, clerical miscalculations, computer malfunction, printing errors, and computer programming errors. [L 1967, c 144, pt of §1; HRS §449-4; am L 1986, c 331, §2; am L 1992, c 205, §5; am L 2013, c 166, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-5 License required to act as escrow depository.

§449-5 License required to act as escrow depository.
(a) No person shall act as an escrow depository in this State unless it is a corporation licensed to do so by the commissioner.
No person subject to the provisions of this chapter not licensed or exempted under this chapter shall transact any business under any name, title or descriptive term which contains the words "escrow", "escrow depository", or any other word or phrase having the same or similar meaning.
(b) No person shall act as an escrow depository from an out-of-state location for property located in this State unless licensed to act as a Hawaii escrow depository by the commissioner. [L 1967, c 144, pt of §1; HRS §449-5; am L 1969, c 39, §1; am L 1985, c 269, §50; am L 2010, c 49, §1]
Cross References
Title insurers or insurers, see §431:20-106.5.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-5.5 Net capital.

§449-5.5 Net capital.
The net capital of any corporation engaging in the escrow depository business under this chapter shall not be less than $100,000. The amount of the minimum net capital of $100,000 shall be maintained at all times by the licensee. [L 1973, c 174, § §1, 2; am L 1976, c 101, §1; am L 2013, c 166, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-6 Application for license.

§449-6 Application for license.
(a) Any corporation desiring to be licensed as an escrow depository shall submit an application in writing and in a form prescribed by NMLS or by the commissioner. The application shall be accompanied by a filing fee no part of which shall be refundable.
(b) The application shall contain the following:
(1) The corporate name, amount of capital, and office address of the applicant;
(2) The names of the stockholders, officers, and directors of the applicant;
(3) Evidence of the character, financial responsibility, experience, and ability of the officers and directors;
(4) The names of the proposed escrow officers and their qualifications;
(5) The history of the applicant's material litigation and criminal convictions for the five-year period prior to the date of the application;
(6) Information and authorizations necessary to conduct a criminal history record check in accordance with section 846-2.7 of each of the applicant's controlling persons, and each of the officers, directors, and principals who will be in charge of the escrow depository's activities upon licensure, accompanied by the appropriate payment of the applicable fee for each record check; and
(7) Any other information the commissioner deems necessary to participate in NMLS. [L 1967, c 144, pt of §1; HRS §449-6; am L 1985, c 269, §50; am L 1992, c 205, §6; am L 2016, c 224, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-7 Investigation and ruling.

§449-7 Investigation and ruling.
The commissioner shall make an investigation into the information furnished by the applicant and may require the applicant to furnish additional information. If the commissioner is satisfied, with or without a hearing upon the application, that the applicant has met all the criteria set forth for approval, the commissioner shall approve the application. [L 1967, c 144, pt of §1; HRS §449-7; am L 1985, c 269, §50; gen ch 1985; am L 1987, c 6, §6; am L 1992, c 205, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-7.4 Grant of approval.

§449-7.4 Grant of approval.
(a) Following the hearing on the application, if any, the commissioner shall issue a written decision and order. If the commissioner decides in favor of the application, the commissioner shall issue a license to act as an escrow depository pursuant to section 449-8.
(b) Approval shall be granted only if the commissioner finds that the character, financial responsibility, experience, ability, and general fitness of the officers and directors are such as to command the confidence of the community in the State and to warrant the beliefs that the officers and directors are competent to successfully manage an escrow business and the applicant will be an honest and efficient escrow depository.
(c) In granting approval, the commissioner may impose such conditions and restrictions as shall be in the public interest, including without limitation requiring an applicant to fulfill representations contained in its application and agreements made during the application process.
[L 1992, c 205, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-7.5 Licensing requirements.

§449-7.5 Licensing requirements.
(a) Every corporation desiring to be licensed as an escrow depository shall be incorporated in this State and have and maintain a principal place of business in the State for the transaction of its escrow depository business.
(b) A license issued under this chapter shall be prominently displayed in the place or places of business of the escrow depository.
(c) The escrow depository business shall be under the direct management of an officer, or an employee, designated by its board of directors as escrow officer for the corporation. The licensee shall inform the commissioner in writing of any change to the designated escrow officer for the corporation at least fifteen days prior to the change, unless the change occurs so unexpectedly that the licensee is unable to provide fifteen days' prior notice; provided that when unexpected circumstances prevent prior notice, the licensee shall provide notice within five business days after the change. Within five business days of the designation of a new escrow officer by its board of directors, the licensee shall inform the commissioner in writing of the new escrow officer for the corporation, setting forth the experience, integrity, and competency of the new designated escrow officer in handling escrow transactions, and such other information as may be required by the commissioner. [L 1973, c 140, §1; am L 1985, c 269, §50; gen ch 1985; am L 1992, c 205, §8; am L 2013, c 166, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-8 Issuance and renewal of license.

§449-8 Issuance and renewal of license.
After approval of the application, and payment of the license fee, the commissioner shall issue to the applicant a license to act as an escrow depository. The license shall be effective only upon the applicant's filing with the commissioner an escrow depository's bond and evidence that fidelity bonds and errors and omissions insurance, or cash or securities deposits permitted in lieu thereof, have been obtained, all as provided in sections 449-9, 449-11, and 449-12. The license shall be renewed annually, as of December 31, upon payment of the annual renewal fee and the finding of the commissioner, from the information contained in the annual corporate exhibit of the licensee or investigation or hearing, that the licensee continues to meet the qualifications for licensing and has continued in force the bonds and insurance or the cash or securities deposits permitted in lieu thereof. [L 1967, c 144, pt of §1; HRS §449-8; am L 1970, c 72, §1; am L 1985, c 269, §50; am L 1992, c 205, §9; am L 2016, c 224, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-8.5 Denial of license.

§449-8.5 Denial of license.
If the commissioner is not satisfied that an applicant meets all the criteria set forth for approval, the commissioner shall issue a written decision denying the applicant's application. An applicant who is denied approval may request a hearing before the commissioner in accordance with chapter 91. Any final decision of the commissioner denying a license may be appealed to the circuit court as provided in chapter 91.
[L 1992, c 205, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-9 Escrow depository's bond.

§449-9 Escrow depository's bond.
Before an escrow depository's license becomes effective, the escrow depository shall give a bond to the commissioner in the penal sum of not less than $100,000 executed by a surety insurer authorized in this State, conditioned:
(1) That the escrow depository will honestly, faithfully, and with diligence apply all funds, other consideration, or property and instruments affecting title in accordance with the instructions under which the same were deposited with it, and will promptly account for the same; and
(2) That the escrow depository will satisfy all judgments and decrees which may be recovered against it in any action or proceeding brought under this chapter.
The aggregate liability of the surety for all breaches of the conditions of the bond shall, in no event, exceed the penal sum of the bond. In lieu of the bond, an escrow depository may deposit cash, a letter of credit, or securities acceptable to the commissioner. [L 1967, c 144, pt of §1; HRS §449-9; am L 1985, c 269, §50; am L 1992, c 205, §10]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-10 Suit on bond.

§449-10 Suit on bond.
The commissioner, or any person claiming to have sustained damage by reason of the failure of the escrow depository to comply with its bond, may bring an action on the bond to recover the damage therefrom. The commissioner may deposit with a court of competent jurisdiction all or any part of the sum of the bond. [L 1967, c 144, pt of §1; HRS §449-10; am L 1985, c 269, §50; am L 1992, c 205, §11]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-11 Fidelity bonds; insurance or other security devices.

§449-11 Fidelity bonds; insurance or other security devices.
[See Note below.]
A licensed escrow depository shall at all times either:
(1) Maintain a fidelity bond executed by a surety insurer authorized to do business in the State in an amount not less than $100,000; provided that any bond which is subject to a deductible thereunder in excess of $10,000 per occurrence shall require the prior approval of the commissioner, who may take into consideration, among other factors, the amount of the proposed bond; or
(2) Deposit an equivalent amount of cash or other security device under such terms and conditions as are acceptable to the commissioner,
upon all of its directors, officers, and employees who have access to money or negotiable securities or instruments in its possession or under its control. Notwithstanding the above provision, the escrow depository may carry bonds or deposit cash or securities above the amounts required by the commissioner. [L 1967, c 144, pt of §1; HRS §449-11; am L 1970, c 72, §2; am L 1985, c 269, §50; am L 1996, c 41, §1; am L 2001, c 184, §3; am L 2013, c 166, §7]
Note
The 2013 amendment, with respect to licensees in operation on June 21, 2013, shall take effect on the date of the renewal of the security device, but not later than July 1, 2014. L 2013, c 166, §11.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-12 Errors and omissions insurance or other security devices.

§449-12
Errors and omissions insurance or other security devices.
[See Note below.]
A licensed escrow depository shall at all times either:
(1) Maintain a policy of errors and omissions insurance executed by an insurer authorized to do business in the State in an amount not less than $250,000; provided that any policy which is subject to a deductible thereunder in excess of $100,000, per occurrence, shall require the prior approval of the commissioner, who may take into consideration, among other factors, the amount of the proposed coverage; or
(2) Deposit an equivalent amount of cash or other security device under such terms and conditions as are acceptable to the commissioner. [L 1967, c 144, pt of §1; HRS §449-12; am L 1970, c 72, §3; am L 1985, c 269, §50; am L 1992, c 205, §12; am L 1996, c 41, §2; am L 2013, c 166, §8]
Note
The 2013 amendment, with respect to licensees in operation on June 21, 2013, shall take effect on the date of the renewal of the security device, but not later than July 1, 2014. L 2013, c 166, §11.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-13 Cancellation of bonds or insurance; withdrawal of deposits.

§449-13 Cancellation of bonds or insurance; withdrawal of deposits.
None of the bonds or insurance or deposits in lieu thereof required by this chapter shall be canceled or withdrawn as to future accruing liability except upon prior written notice to the commissioner: sixty days' notice for the bonds or deposits, and thirty days' notice for the insurance. The license of any licensee shall be suspended upon cancellation of any bond or insurance or upon withdrawal of any deposit in lieu thereof. [L 1967, c 144, pt of §1; HRS §449-13; am L 1969, c 67, §1; am L 1970, c 72, §4; am L 1976, c 101, §2; am L 1985, c 269, §50]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-14 Fees.

§449-14 Fees.
(a) The following fees shall be paid by licensed escrow depositories to the commissioner and, together with any administrative penalty or other charge assessed under this chapter, shall be deposited into the compliance resolution fund established pursuant to section 26-9(o):
(1) For filing and investigation of an escrow depository's application for license, $5,000;
(2) For initial issuance of an escrow depository license, $2,000;
(3) For an application for approval to establish a branch office, $100;
(4) For an application for approval to relocate an existing office or branch, $100;
(5) For annual renewal of an escrow depository's license, $2,000;
(6) For initial issuance and annual renewal of a branch office license, $100;
(7) For reissuance of a license for the change in the business address of its office, $50; provided that a reissuance caused by changes to the address by the United States Postal Service shall not require payment of a fee;
(8) For reissuance of a license for a change in the licensee's name, $50;
(9) For an application for a proposed change in control of the licensee, $5,000; and
(10) For an application for approval to cease business as an escrow depository, $0.
(b) For all escrow depositories examined by the commissioner or the commissioner €²s staff, the commissioner:
(1) May charge an examination fee based upon the cost per hour per examiner. The hourly fee shall be $60;
(2) May charge additional amounts for travel, per diem, mileage, and other reasonable expenses incurred in connection with the examination; and
(3) Shall bill the affected escrow depository for examination fees and expenses as soon as feasible after the close of the examination or investigation. The affected escrow depository shall pay the division within thirty days following the billing. All payments shall be deposited into the compliance resolution fund established pursuant to section 26-9(o). Any dispute by the affected escrow depository relating to these billings shall be reviewed by the commissioner who may modify, waive, or suspend any billing.
(c) An escrow depository that fails to make a payment required by this section shall be subject to an administrative penalty of not more than $200 per day for each day it is in violation of this section.
(d) Any fee authorized by this section may be set or modified by the commissioner by rule adopted pursuant to chapter 91. [L 1967, c 144, pt of §1; HRS §449-14; am L 1973, c 141, §1; am L 1979, c 219, §4; am L 1985, c 269, §50; am L 1992, c 205, §13; am L 1996, c 41, §3; am L 1999, c 129, §18; am L 2001, c 184, §4; am L 2013, c 166, §9; am L 2016, c 224, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-16 Accounting for moneys, property, etc.

§449-16 Accounting for moneys, property, etc.
(a) Every licensee under this chapter shall have the responsibility of a trustee for all moneys, other consideration, or instruments received by it. No licensee shall mingle any such moneys or other property with its own moneys or other property, or with moneys or other property held by it in any other capacity. All moneys held by a licensee in escrow as herein defined shall be deposited in financial institutions, payable on demand. Under this chapter, deposits in financial institutions are limited to sweep accounts as described in this section, checking accounts, money market deposit accounts, and savings accounts with no specified maturity date. Deposits at financial institutions may be held in sweep accounts, provided that:
(1) The licensee using the sweep account shall have a net worth of not less than $1,000,000;
(2) The sweep account is a deposit account administered by a financial institution in which the moneys over a minimum balance are periodically transferred into a money market mutual fund account invested only in obligations of:
(A) The United States government;
(B) Agencies backed by the full faith and credit of the United States government; or
(C) Agencies originally established or chartered by the United States government to serve public purposes; and
periodically recredited to the sweep account; and
(3) The licensee is liable for all moneys transferred to the money market mutual fund account under the sweep account, including any loss of value.
(b) No licensee shall disburse funds from an escrow account until cash and or items sufficient to fund any disbursements from the account have been received and deposited to the account, and with respect to such items the licensee complies with the provisions of either paragraphs (1) or (2) hereof.
(1) Where an item has been received and submitted for collection, no licensee shall disburse funds from an escrow account with respect to the item until final settlement of the item has been received by the financial institution to which the item has been submitted for collection.
(2) No licensee shall disburse funds from the escrow account with respect to an item drawn on a financial institution until the licensee confirms that sufficient collected funds are on deposit in the drawer's account.
(c) A licensee may deliver any money, consideration, or instrument affecting the title to real property prior to funds becoming available for disbursement under subsection (b) if it has received the written consent of the parties to the transaction. [L 1967, c 144, pt of §1; HRS §449-16; am L 1985, c 269, §50; am L 1986, c 331, §3; am L 2001, c 184, §5]
Case Notes
Fiduciary duty of escrow depository owed only to escrow parties. 4 H. App. 41, 659 P.2d 759 (1983).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-16.5 Earnings on funds.

§449-16.5 Earnings on funds.
In all escrow agreements involving the purchase of real property or appurtenances thereon and in which an escrow depository acts as a fiduciary party holding the funds in escrow, any earnings on such funds during the holding thereof shall accrue to the credit of the purchaser in such transaction unless otherwise instructed in writing by the purchasers and sellers in the escrow. [L 1974, c 95, §2; am L 2001, c 184, §6]
Case Notes
Interest accrues only where funds are in hands of a third party and not where payment is made to the seller. 60 H. 467, 591 P.2d 1060 (1979).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-17 Revocation and suspension of licenses.

§449-17 Revocation and suspension of licenses.
The commissioner may revoke any license issued hereunder, or suspend the right of the licensee to use the license, for any of the following causes:
(1) Making any misrepresentation concerning any escrow transaction;
(2) Making any false promises concerning any escrow transaction of a character likely to mislead another;
(3) Pursuing a continued and flagrant course of misrepresentation, or making of false promises, through advertising or otherwise;
(4) Without first having obtained the written consent so to do of both parties involved in any escrow transaction, acting for both parties in connection with such transaction, or collecting or attempting to collect commissions or other compensation for its services from both of the parties;
(5) Failing, within a reasonable time, to account for any moneys belonging to others which may be in the possession or under the control of the licensee;
(6) Any other conduct constituting fraudulent or dishonest dealings;
(7) Violating any of the provisions of this chapter or the rules promulgated pursuant thereto;
(8) Splitting fees with or otherwise compensating others not licensed hereunder for referring business;
(9) Commingling the moneys or other property of others with its own;
(10) Engaging in an unsafe or unsound practice that is likely to cause insolvency or substantial dissipation of assets or earnings of the licensee;
(11) Failing to maintain books and records that are sufficiently complete and accurate so as to permit the commissioner to determine the financial condition of the licensee; and
(12) Ceasing, for a period of six consecutive months or more, to engage in the business for which its license was granted.
No license shall be suspended for longer than five years and no corporation whose license has been revoked shall be eligible to apply for a new license until the expiration of five years. [L 1967, c 144, pt of §1; HRS §449-17; am L 1985, c 269, §50; am L 1998, c 69, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-19 Relocation of office.

§449-19 Relocation of office.
No escrow depository may relocate its offices without first obtaining prior written approval from the commissioner. The application shall set forth the reasons for the relocation and other information that may be required by the commissioner. [L 1992, c 205, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-20 Branch offices.

§449-20 Branch offices.
No escrow depository may establish a branch office without first obtaining prior written approval from the commissioner. The application shall set forth the reasons for the branch office and other information that may be required by the commissioner. [L 1992, c 205, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-20.5 Closing branch office.

§449-20.5 Closing branch office.
(a) An escrow depository shall give the commissioner notice of its intent to close any branch office at least thirty days prior to the closing. The notice shall:
(1) State the intended date of closing;
(2) Specify the reasons for the closing; and
(3) Contain a certification by the secretary or other authorized officer of the escrow depository that the decision to close was duly approved by its board of directors.
(b) After closing a branch office, the escrow depository shall promptly thereafter surrender to the commissioner the branch office license for that location. [L 2001, c 184, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-21 Maintenance of books and records.

§449-21 Maintenance of books and records.
(a) Every escrow depository shall keep in a safe and secure place within this State those books and records that directly relate to any escrow business conducted within this State, and such other books and records as may be necessary for the commissioner to ensure full compliance with the laws of this State.
(b) All books and records may be maintained as originals or photocopies, on microfilm or microfiche, on computer disks or tapes, or similar forms, provided that they are readily accessible and may be easily examined.
(c) All records, statements, and reports required or authorized by this chapter shall be made in writing in the English language.
(d) Every escrow depository shall preserve all of its records for a minimum of six years or for such greater or lesser period as the commissioner may prescribe. [L 1992, c 205, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-22 Examinations.

§449-22 Examinations.
(a) The commissioner may conduct examinations of escrow depositories as often as the commissioner deems necessary for the purpose of assuring that the escrow depository is in compliance with all laws, rules, or orders issued by the commissioner.
(b) The commissioner shall have full access to the vaults, books, and papers of the escrow depository and may make such inquiries as may be necessary to ascertain the condition of the corporation. All directors, incorporators, officers, employees, and agents of an institution being examined shall cooperate fully with the commissioner and the commissioner's examiners, and shall answer all inquiries and furnish all information pertaining to the same, to the best of their knowledge and ability.
(c) The licensee shall bear the expenses of any examination or investigation by the commissioner. [L 1992, c 205, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 449. Escrow Depositories › 449-23 Removal of officers or directors.

§449-23 Removal of officers or directors.
(a) The commissioner may order the removal of any officer or director from office or employment with an escrow depository and prohibit the person's affiliation or participation in the affairs of the escrow depository if the commissioner determines that any of the following circumstances exist:
(1) The person has violated a state law regulating escrow depositories, violated a cease and desist order, engaged or participated in an unsafe or unsound practice in connection with the escrow depository, or breached a fiduciary duty;
(2) As a result of a statutory violation or breach the escrow depository has suffered or will probably suffer financial loss or other damage, the interests of the escrow depository's clients have been or may be prejudiced, or the person has received financial gain as a result of such violation or breach; or
(3) The violation or breach involves the person's personal dishonesty, or demonstrates the person's wilful or continuing disregard for the safety or soundness of the escrow depository.
(b) The commissioner shall serve the officer or director and the board of directors of the escrow depository with written notice containing the alleged violations or breaches, a summary of the facts upon which the allegations are based, and a statement of the commissioner's intention to remove the person from office or prohibit the person's affiliation with the escrow depository, or both. If the commissioner deems it necessary for the protection of the escrow depository or its clients, the notice may also suspend the officer or director from office or prohibit the party from further participation in any manner in the conduct of the affairs of the escrow depository, or both.
(c) Upon request of the person made within ten days after service of notice, the commissioner shall hold a hearing at which any pertinent evidence may be presented and after which the commissioner shall issue findings and a determination. If no hearing is timely requested, the commissioner may proceed to issue orders of removal or prohibition, or both, on the basis of the facts set forth in the written notice.
(d) No officer or director whose removal or prohibition has been ordered pursuant to this section shall thereafter participate in any manner in the conduct of the affairs of the affiliated escrow depository as long as the order remains in effect. Any violation of the order shall constitute a violation of law, and shall be sufficient for the issuance of a cease and desist order to the escrow depository. [L 1992, c 205, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451A. Hearing Aid Dealers and Fitters › 451A-1 Definitions.

§451A-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Department" means the department of commerce and consumer affairs.
"Director" means the director of commerce and consumer affairs.
"Hearing aid" means any wearable instrument or device and any parts, attachments, or accessories, including earmold, but excluding batteries and cords, designed or offered for the purpose of aiding or compensating impaired human hearing.
"Practice of dealing and fitting of hearing aids" means the measurement of human hearing by an audiometer or by any other means solely for the purpose of making selections, adaptations, or sales of hearing aids or the manufacture of impressions for earmolds, and, at the request of a physician or a member of a profession related to the practice of medicine and surgery, the administration of audiograms for use in consultation with the hard-of-hearing.
"Sale" means any transfer of title, interest, or possession except transactions with distributors or dealers. [L 1969, c 205, pt of §1; am L 1982, c 204, §8; am L 1992, c 202, §90; am L 1997, c 88, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451A. Hearing Aid Dealers and Fitters › 451A-2 License required.

§451A-2 License required.
(a) Except as otherwise provided in this chapter, it shall be unlawful for any person not licensed under this chapter to engage in the sale or practice of dealing and fitting of hearing aids or to use any sign, card, or device to indicate that the person is licensed.
(b) Any person wishing to obtain a license or a license by endorsement shall apply on a form prescribed by the director and shall furnish to the director:
(1) Satisfactory proof that the person is a high school graduate; and
(2) Satisfactory proof that the person has fulfilled all of the requirements for a license.
(c) An applicant shall be required to pass a licensing examination. [L 1969, c 205, pt of §1; am L 1985, c 15, §2; am L 1986, c 25, §2; am L 1991, c 29, §1; am L 1992, c 202, §91; am L 1997, c 88, §3; am L 2018, c 173, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451A. Hearing Aid Dealers and Fitters › 451A-5 Powers and duties of the director.

§451A-5 Powers and duties of the director.
In addition to any other powers and duties authorized by law, the powers and duties of the director are to:
(1) Adopt rules in accordance with chapter 91 to carry out the purposes of this chapter;
(2) Develop standards for licensure;
(3) Prepare and administer examinations;
(4) Issue, renew, suspend, and revoke licenses;
(5) Investigate and conduct hearings regarding any violation of this chapter and any rules adopted by the director;
(6) Do all things necessary to carry out the functions, powers, and duties set forth in the chapter, which may include establishment of an advisory committee; and
(7) Monitor medical authorizations and waiver records. [L 1969, c 205, pt of §1; am L 1985, c 15, §3; am L 1992, c 202, §93; am L 1997, c 88, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451A. Hearing Aid Dealers and Fitters › 451A-6 Examination.

§451A-6 Examination.
(a) Every applicant, except those who qualify for a license pursuant to section 451A-10, shall pass an examination to be eligible for licensure. The director shall provide by rules the scope of the examination and the passing score. The director may examine applicants or may contract with a professional testing agency to prepare, administer, and grade the examination.
(b) Every applicant shall pay an examination fee as provided in rules adopted by the director pursuant to chapter 91. Should the director contract with a professional testing agency to prepare, administer, and grade the examination, the examination fee may be paid directly to the testing agency by the examinee. [L 1969, c 205, pt of §1; am L 1991, c 29, §2; am L 1997, c 88, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451A. Hearing Aid Dealers and Fitters › 451A-7 Issuance of license.

§451A-7 Issuance of license.
The director shall license each applicant who satisfactorily meets the experience requirements and who passes an examination as provided in section 451A-2. Upon the payment of application, examination, and license fees, the director shall issue to the applicant a license. [L 1969, c 205, pt of §1; am L 1984, c 7, §30; am L 1997, c 88, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 451A. Hearing Aid Dealers and Fitters › 451A-8 Biennial renewal of license; fees; effect of failure to renew.

§451A-8 Biennial renewal of license; fees; effect of failure to renew.
Each person who engages in the fitting and sale of hearing aids, on or before December 31 of each odd-numbered year, shall pay to the department a biennial fee for renewal of the license and shall keep the certificate conspicuously posted in the licensee's office or place of business at all times. Where more than one office is operated by the licensee, duplicate certificates shall be issued by the department for posting at each location. A thirty-day grace period shall be allowed after December 31, during which time licenses may be renewed upon payment of a restoration fee to the department. After expiration of the grace period, the department may renew the certificates upon payment of a second restoration fee to the department. No person who applies for renewal, whose license has expired, shall be required to submit to any examination as a condition to renewal; provided that the renewal application is made within two years from the date of expiration. [L 1969, c 205, pt of §1; am L 1975, c 118, §15; am L 1984, c 7, §31]