reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 488. Legal Service Plans › 488-9 Records and reports.

§488-9 Records and reports.
(a) The commissioner shall preserve in permanent form records and reports of the commissioner's proceedings, hearings, investigations, and examinations and shall file the records in the commissioner's office.
(b) The commissioner's records and filings in the commissioner's office shall be open to public inspection, except as otherwise provided in this chapter.
(c) The commissioner shall maintain the confidentiality of any documents or information received from the National Association of Insurance Commissioners, the federal government, insurance regulatory agencies of foreign countries, or insurance departments of other states, territories, and commonwealths that are confidential in the jurisdiction of origin. Documents and records subject to this subsection shall be confidential and privileged, shall not be made public, shall not be subject to subpoena or discovery, and shall not be admissible as evidence in any private civil action, and neither the commissioner nor any other person who received documents, materials, or other information subject to this subsection while acting under the authority of the commissioner shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to this subsection.
This subsection shall not be construed to limit the commissioner's authority to use any necessary documents, materials, or other information in furtherance of any regulatory or legal action brought as part of the commissioner's official duties. The commissioner may share information, including otherwise confidential information, with the National Association of Insurance Commissioners, the federal government, insurance regulatory agencies of foreign countries, or insurance departments of other states, territories, and commonwealths if the statutes or regulations of the jurisdiction receiving the information require the receiving person or entity to maintain the same level of confidentiality as required under this subsection and other applicable law.
(d) The commissioner shall not disclose any information that is protected from disclosure by law other than as provided in subsection (c). [L 2011, c 186, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489. Discrimination in Public Accommodations › 489-1 Purpose; construction.

Note
Sections 489-1 to 489-8 designated as Part I by L 2000, c 227, §3.
Law Journals and Reviews
Airbnb in Paradise: Updating Hawai`i's Legal Approach Towards Racial Discrimination in the Sharing Economy. 39 UH L. Rev. 435 (2017).
§489-1 Purpose; construction.
(a) The purpose of this chapter is to protect the interests, rights, and privileges of all persons within the State with regard to access and use of public accommodations by prohibiting unfair discrimination.
(b) This chapter shall be liberally construed to further the purposes stated in subsection (a). [L 1986, c 292, pt of §1]
Cross References
Civil rights commission, see chapter 368.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489. Discrimination in Public Accommodations › 489-3 Discriminatory practices prohibition.

§489-3 Discriminatory practices prohibition.
Unfair discriminatory practices that deny, or attempt to deny, a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation on the basis of race; sex, including gender identity or expression; sexual orientation; color; religion; ancestry; or disability, including the use of a service animal, are prohibited. [L 1986, c 292, pt of §1; am L 1990, c 210, §2; am L 1992, c 33, §5; am L 2006, c 76, §3; am L 2018, c 217, §8]
Law Journals and Reviews
An Analysis of Hawai`i's Tradition of "Local" Ethnic Humor. 30 UH L. Rev. 219.
Airbnb in Paradise: Updating Hawai`i's Legal Approach Towards Racial Discrimination in the Sharing Economy. 39 UH L. Rev. 435 (2017).
Hounds at the Hospital, Cats at the Clinic: Challenges Associated with Service Animals and Animal-Assisted Interventions in Healthcare Facilities. 40 UH L. Rev. 53 (2018).
Case Notes
Individual plaintiffs' claims under this section were reinstated against defendants, where one of the defendants allegedly made a racial slur that was either directed at or witnessed by the individual plaintiffs. 300 F. Supp. 2d 1003.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489. Discrimination in Public Accommodations › 489-4 Exception, privacy requirements.

§489-4 Exception, privacy requirements.
The provision of separate facilities or schedules for female and for male patrons, does not constitute a discriminatory practice when such separate facilities or schedules for female and for male patrons are bona fide requirements to protect personal rights of privacy. [L 1986, c 292, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489. Discrimination in Public Accommodations › 489-5 Other discriminatory practices.

§489-5 Other discriminatory practices.
(a) It is a discriminatory practice for two or more persons to conspire:
(1) To retaliate or discriminate against a person because the person has opposed an unfair discriminatory practice;
(2) To aid, abet, incite, or coerce a person to engage in a discriminatory practice; or
(3) Wilfully, to obstruct, or prevent, a person from complying with this chapter.
(b) It is a discriminatory practice to deny a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodations because of the known disability of an individual with whom the person is known to have a relationship or association. [L 1986, c 292, pt of §1; am L 1994, c 88, §3]
Case Notes
Summary judgment granted in favor of defendants with respect to a plaintiff's (a nonprofit corporation) claims under subsection (b); plaintiffs offered nothing to indicate that one of the defendants was hostile toward the disabled in general or those suffering with epilepsy in particular; without the evidence, plaintiffs' claim that the defendant denied the nonprofit corporation the full and equal enjoyment of a place of public accommodation because of the nonprofit corporation's association with persons known to be disabled was totally devoid of factual support. 300 F. Supp. 2d 1003.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489. Discrimination in Public Accommodations › 489-6 Complaint against unfair discrimination; reporting requirements.

§489-6 Complaint against unfair discrimination; reporting requirements.
The civil rights commission shall receive complaints of unfair discriminatory treatment in public accommodations in accordance with the procedures established under chapter 368; provided that this section shall not apply to complaints under part II of this chapter. [L 1986, c 292, pt of §1; am L 1989, c 386, §11; am L 2000, c 227, §4]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489. Discrimination in Public Accommodations › 489-7 No limitation on causes of action.

§489-7 No limitation on causes of action.
Nothing in this chapter shall be construed to limit any cause of action based upon any unfair discriminatory practices for which a remedy is available under state or federal law. [L 1986, c 292, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489. Discrimination in Public Accommodations › 489-7.5 Suits by persons injured; amount of recovery, injunctions.

§489-7.5 Suits by persons injured; amount of recovery, injunctions.
(a) Any person who is injured by an unlawful discriminatory practice, other than an unlawful discriminatory practice under part II of this chapter, may:
(1) Sue for damages sustained, and, if the judgment is for the plaintiff, the plaintiff shall be awarded a sum not less than $1,000 or threefold damages by the plaintiff sustained, whichever sum is the greater, and reasonable attorneys' fees together with the costs of suit; and
(2) Bring proceedings to enjoin the unlawful discriminatory practices, and if the decree is for the plaintiff, the plaintiff shall be awarded reasonable attorneys' fees together with the cost of suit.
(b) The remedies provided in subsection (a) shall be applied in class action and de facto class action lawsuits or proceedings provided that:
(1) The minimum $1,000 recovery provided in subsection (a) shall not apply in a class action or a de facto class action lawsuit; and
(2) That portion of threefold damages in excess of compensatory damages shall be apportioned and allocated by the court in its exercise of discretion so as to promote effective enforcement of this part and deterrence from violation of its provisions.
(c) The remedies provided in this section are cumulative and may be brought in one action. [L 1989, c 386, §2; am L 2000, c 227, §5; am L 2001, c 55, §23]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489. Discrimination in Public Accommodations › 489-8 Civil penalty.

§489-8 Civil penalty.
(a) It shall be unlawful for a person to discriminate unfairly in public accommodations.
(b) Any person, firm, company, association, or corporation who violates this part shall be fined a sum of not less than $500 nor more than $10,000 for each violation, which sum shall be collected in a civil action brought by the attorney general or the civil rights commission on behalf of the State. The penalties provided in this section shall be cumulative to the remedies or penalties available under all other laws of this State. Each day of violation under this part shall be a separate violation.
(c) This section shall not apply to violations of part II of this chapter. [L 1987, c 294, §1; am L 1989, c 386, §12; am L 2000, c 227, §6; am L 2001, c 55, §24]
Rules of Court
Class actions, see HRCP rule 23; injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489. Discrimination in Public Accommodations › 489-9 Motion picture theater accommodation.

§489-9 Motion picture theater accommodation.
(a) A public accommodation that owns, leases, leases to, or operates a motion picture theater in more than two locations in the State shall provide open movie captioning during at least two showings per week of each motion picture that is produced and offered with open movie captioning.
(b) A public accommodation that owns, leases, leases to, or operates a motion picture theater in the State shall provide, upon request, audio description of any motion picture that is produced and offered with audio description.
(c) A violation of this section shall be a discriminatory practice.
(d) This section shall apply to motion pictures that are produced and distributed with the necessary auxiliary aids and services, including captioning and audio description. This section shall not prohibit the showing of a motion picture that is produced and distributed without captioning and audio description; provided that a public accommodation that owns, leases, leases to, or operates a motion picture theater shall provide notice to the public if a motion picture offered for viewing is produced and distributed without captioning or audio description.
(e) For the purposes of this section, "motion picture theater" means a movie theater, screening room, or other venue in use primarily for the exhibition of a motion picture. [L 2015, c 39, § §1, 3; am L 2017, c 211, § §1, 2; am L 2019, c 154, § §1, 2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489. Discrimination in Public Accommodations › 489-21 Discriminatory practices; breastfeeding.

§489-21 Discriminatory practices; breastfeeding.
It is a discriminatory practice to deny, or attempt to deny, the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodations to a woman because she is breastfeeding a child. [L 2000, c 227, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489. Discrimination in Public Accommodations › 489-22 Private cause of action.

§489-22 Private cause of action.
Any person who is injured by an unlawful discriminatory practice under this part may bring proceedings to enjoin the unlawful discriminatory practice, and if the decree is for the plaintiff, the plaintiff shall be awarded reasonable attorneys' fees, the cost of suit, and $100. Any action under this part shall be subject to the jurisdiction of the district courts as provided in chapter 604, and may be commenced and conducted in the small claims division of the district court. [L 2000, c 227, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489. Discrimination in Public Accommodations › 489-23 Exclusion from civil rights commission.

§489-23 Exclusion from civil rights commission.
Notwithstanding the provisions of chapter 368, this part shall not be subject to chapter 368 and shall not be enforced by the civil rights commission. [L 2000, c 227, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-2 Purpose.

§489D-2 Purpose.
It is the intent of the legislature to establish within the State a licensure system to ensure the safe and sound operation of money transmission businesses, to ensure that these businesses are not used for criminal purposes, to promote confidence in the State's financial system, and to protect the public interest. [L 2006, c 153, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-3 License required.

§489D-3
License required.
(a) On or after July 1, 2007, no person except those excluded pursuant to section 489D-5, shall engage in the business of money transmission without a license as provided in this chapter.
(b) A person is engaged in providing money transmission if the person provides those services to persons in the State, even if the person providing services has no physical presence in the State.
(c) If a licensee has a physical presence in the State, the licensee may conduct its business at one or more locations, directly or indirectly owned, or through one or more authorized delegates, or both, pursuant to the single license granted to the licensee. [L 2006, c 153, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-6 License qualifications; tangible net worth; good standing.

§489D-6
License qualifications; tangible net worth; good standing.
(a) A licensee shall maintain at all times a tangible net worth of the greater of:
(1) $100,000 or three per cent of tangible assets for the first $100,000,000;
(2) Two per cent of additional assets for $100,000,000 to $1,000,000,000; and
(3) 0.5 per cent of additional assets for over $1,000,000,000.
Tangible net worth at all times shall be calculated in accordance with generally accepted accounting principles.
(b) Tangible net worth shall be demonstrated at initial application by the applicant's most recent audited financial statements pursuant to section 489D-9(d)(2)(F) and (3)(E).
(c) Each applicant, at the time of filing an application, and at all times after a license is issued, shall be in good standing in the state of its formation. All applicants, at the time of filing an application for a license under this chapter, and at all times after a license is issued, shall be registered or qualified to do business in the State.
(d) Notwithstanding any provision of this section to the contrary, the commissioner may, for good cause shown, exempt, in part or in whole, any applicant or licensee from the requirements of this section. [L 2006, c 153, pt of §1; am L 2023, c 183, §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-8 Permissible investments and statutory trust.

§489D-8 Permissible investments and statutory trust.
(a) A licensee, at all times, shall possess permissible investments having an aggregate market value, calculated in accordance with generally accepted accounting principles, of no less than the aggregate amount of all outstanding money transmission obligations. This requirement may be waived by the commissioner if the dollar volume of a licensee's outstanding money transmission obligations does not exceed the bond or other security devices posted by the licensee pursuant to section 489D-7.
(b) Permissible investments, even if commingled with other assets of the licensee, shall be held in trust for the benefit of the purchasers and holders of the licensee's outstanding money transmission obligations in the event of insolvency; the filing of a petition by or against the licensee under the United States Bankruptcy Code, title 11 United States Code section 101-110, as may be amended or recodified, for bankruptcy or reorganization; the filing of a petition by or against the licensee for receivership; the commencement of any other judicial or administrative proceeding for its dissolution or reorganization; or in the event of an action by a creditor against the licensee who is not a beneficiary of this statutory trust. No permissible investments impressed with a trust pursuant to this section shall be subject to attachment, levy of execution, or sequestration by order of any court, except for a beneficiary of a statutory trust established pursuant to this subsection.
(c) Upon the establishment of a statutory trust in accordance with subsection (b) or when any funds are drawn on a letter of credit pursuant to section 489D-7(a), the licensee or applicant shall notify the commissioner of the establishment of the trust or the funds drawn on the letter of credit, as applicable. Notice shall be deemed satisfied if performed pursuant to a multistate agreement or through NMLS. Funds drawn on a letter of credit, and any other permissible investments held in trust for the benefit of the purchasers and holders of the licensee's outstanding money transmission obligations, shall be deemed held in trust for the benefit of the purchasers and holders on a pro rata and equitable basis in accordance with statutes pursuant to which permissible investments are required to be held in the State, and other states, as applicable. Any statutory trust established pursuant to this subsection shall be terminated upon extinguishment of all of the licensee's outstanding money transmission obligations.
(d) The commissioner, by rule or by order, may allow other types of investments that the commissioner determines are of sufficient liquidity and quality to be a permissible investment. The commissioner may participate in efforts with other state regulators to determine that other types of investments are of sufficient liquidity and quality to be a permissible investment. [L 2006, c 153, pt of §1; am L 2017, c 45, §2; am L 2023, c 183, §5]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-9.5 Limited exemption for financial institutions; financial institutions as authorized delegates.

§489D-9.5 Limited exemption for financial institutions; financial institutions as authorized delegates.
(a) Banks, bank holding companies, credit unions, savings banks, financial services loan companies, and mutual banks organized under the laws of the United States or any state shall be exempt from the licensing and examination provisions of this chapter.
(b) An applicant or licensee may appoint an entity described in subsection (a) as an authorized delegate.
(c) When submitting an application for a license pursuant to section 489D-9, or when submitting an annual report pursuant to section 489D-12, an applicant or licensee that appoints an entity described in subsection (a) as an authorized delegate shall include that entity's name and the locations in this State where that entity will conduct its authorized delegate activities. [L 2008, c 195, pt of §1; am L 2013, c 167, §5]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-10 Application and license fees

§489D-10 Application and license fees
. (a) Each application shall be accompanied by:
(1) A nonrefundable application fee in the amount of $5,000; and
(2) An initial annual license fee of $5,000.
(b) The license fee shall be refunded if the application is denied. [L 2006, c 153, pt of §1; am L 2008, c 195, §6; am L 2013, c 167, §6]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-11 Issuance of license; grounds for denial.

§489D-11 Issuance of license; grounds for denial.
(a) Upon the filing of a complete application, the commissioner shall investigate the financial condition and responsibility, financial and business experience, character, and general fitness of the applicant. The commissioner may conduct an on-site investigation of the applicant, the reasonable cost of which shall be borne by the applicant.
(b) If the commissioner finds that:
(1) The applicant's business will be conducted honestly, fairly, and in a manner commanding the confidence and trust of the community;
(2) The applicant has fulfilled the requirements imposed by this chapter; and
(3) The applicant has paid the required license fee,
the commissioner shall issue a license to the applicant authorizing the applicant to engage in the licensed activities in the State for a term expiring on December 31 of the calendar year in which the license is issued.
(c) If the commissioner is not satisfied that the applicant meets all the criteria set forth for approval, the commissioner shall issue a written decision denying the application.
(d) Any applicant aggrieved by a denial issued by the commissioner under this chapter may submit a request for a contested case hearing in accordance with chapter 91. [L 2006, c 153, pt of §1; am L 2008, c 195, §7]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-12.5 Penalties and other charges.

§489D-12.5 Penalties and other charges.
Administrative penalties and other charges assessed under this chapter shall be deposited into the compliance resolution fund established pursuant to section 26-9(o). [L 2008, c 195, pt of §1; am L 2013, c 167, §8]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-13 Licensee liability.

§489D-13 Licensee liability.
A licensee's responsibility to any person for a money transmission conducted on that person's behalf by the licensee or the licensee's authorized delegate shall be limited to the amount of money transmitted, the face amount, or the purchase amount of the payment instrument. [L 2006, c 153, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-14 Extraordinary reporting requirements.

§489D-14 Extraordinary reporting requirements.
Within fifteen business days of the occurrence of any one of the events listed below, a licensee shall file a written report with the commissioner describing the event and its expected impact on the licensee's activities in this State. These events are:
(1) Any material change in information provided in a licensee's application or annual report;
(2) The filing for bankruptcy or reorganization by the licensee;
(3) Pending or final revocation, suspension, or other enforcement action against the licensee by any state or governmental authority relating to the licensee's money transmission activities;
(4) Any felony indictment of the licensee or any of its principals related to money transmission activities; and
(5) Any felony conviction of the licensee or any of its principals related to money transmission activities. [L 2006, c 153, pt of §1; am L 2008, c 195, §9; am L 2017, c 45, §5]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-14.5 Name change.

§489D-14.5 Name change.
To change its name, its fictitious name, or its trade name, a licensee shall file an application with the commissioner and pay a nonrefundable fee of $1,000 or a greater amount as the commissioner shall establish by rule pursuant to chapter 91. The application shall be approved if the commissioner is satisfied that the new name complies with all applicable laws. Any change of name shall not affect a licensee's rights, liabilities, or obligations existing prior to the effective date thereof, and no documents of transfer shall be necessary to preserve such rights, liabilities, or obligations; provided that the commissioner may require notice to be given to the public and other governmental agencies. [L 2008, c 195, pt of §1; am L 2013, c 167, §9]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-16 Money laundering reports.

§489D-16 Money laundering reports.
(a) Every licensee and its authorized delegates shall file with the commissioner all reports relating to transactions in the State, as required by federal recordkeeping and reporting requirements in title 31 United States Code section 5311 et seq., 31 Code of Federal Regulations part 1022, section 1022.210, and other federal and state laws pertaining to money laundering.
(b) The timely filing of a complete and accurate report with the appropriate federal agency shall satisfy the requirements of subsection (a), unless the commissioner notifies the licensee that reports of this type are not being regularly and comprehensively transmitted by the federal agency. [L 2006, c 153, pt of §1; am L 2013, c 167, §11]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-18 Maintenance of records.

§489D-18 Maintenance of records.
(a) Each licensee shall make, keep, preserve, and make available for inspection by the commissioner the following books, accounts, and other records for a period of three years:
(1) A record or records of each payment instrument;
(2) A general ledger containing all assets, liability, capital, income, and expense accounts that shall be posted at least monthly;
(3) Bank statements and bank reconciliation records;
(4) Records of all outstanding money transmission obligations;
(5) Records of each payment instrument paid within the three-year period;
(6) A list of the names and addresses of all of the licensee's authorized delegates; and
(7) Any other records the commissioner reasonably requires by rule adopted pursuant to chapter 91.
(b) Maintenance of documents in a photographic, electronic, or other similar form shall comply with this section.
(c) Records may be maintained at a location outside the State; provided that these records are made accessible to the commissioner within seven business days of receipt of a written notice issued by the commissioner. [L 2006, c 153, pt of §1; am L 2017, c 45, §7; am L 2023, c 183, §6]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-21 Authorized delegate contracts.

§489D-21 Authorized delegate contracts.
Licensees desiring to conduct licensed activities through authorized delegates shall authorize each delegate to operate pursuant to an express written contract. These contracts shall provide the following:
(1) That the licensee appoints the person as the licensee's delegate with authority to engage in money transmission on behalf of the licensee;
(2) That neither a licensee nor an authorized delegate may authorize subdelegates without the written consent of the commissioner;
(3) That the licensee is subject to supervision and rule by the commissioner; and
(4) That the authorized delegate certifies that it is in compliance with the recordkeeping and reporting requirements under title 31 United States Code section 5311 et seq., 31 Code of Federal Regulations part 1022, section 1022.210, and other federal and state laws pertaining to money laundering. [L 2006, c 153, pt of §1; am L 2013, c 167, §13]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-22 Authorized delegate; conduct.

§489D-22 Authorized delegate; conduct.
(a) An authorized delegate of a licensee shall not make any fraudulent or false statement or misrepresentation to a licensee or to the commissioner.
(b) All money transmissions, sales, or issuances of payment instruments conducted by authorized delegates shall be in accordance with the licensee's written procedures provided to the authorized delegate and shall comply with all applicable federal and state laws, rules, and regulations.
(c) An authorized delegate shall remit all money owing to the licensee in accordance with the terms of the contract between the licensee and the authorized delegate. The commissioner shall have the discretion to set, by rule, adopted pursuant to chapter 91, the maximum remittance time.
(d) An authorized delegate is deemed to consent to the commissioner's inspection, with or without prior notice to the licensee or authorized delegate, of the books and records of the authorized delegate when the commissioner has a reasonable basis to believe that the licensee or delegate is not in compliance with this chapter.
(e) An authorized delegate is under a duty to act only as authorized under the contract with the licensee. An authorized delegate that exceeds its authority is subject to cancellation of the delegate's contract and further disciplinary action by the commissioner.
(f) All funds, except fees, received by an authorized delegate from the sale or delivery of a payment instrument issued by a licensee or received by the delegate for transmission, from the time the funds are received by the delegate until the time when the funds or an equivalent amount are remitted by the delegate to the licensee, shall constitute trust funds owned by and belonging to the licensee. If an authorized delegate commingles any trust funds with any other funds or property owned or controlled by the delegate, all commingled funds and other property of the delegate shall be impressed with a trust in favor of the licensee in an amount equal to the amount of the proceeds due to the licensee.
(g) An authorized delegate shall report to the licensee the theft or loss of payment instruments within twenty-four hours from the time the delegate knew or should have known of the theft or loss. [L 2006, c 153, pt of §1; am L 2008, c 195, §13]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-22.5 Voluntary surrender of license.

§489D-22.5 Voluntary surrender of license.
(a) A licensee may voluntarily cease business and surrender its license by giving written notice to the commissioner of its intent to surrender its license. Prior to the surrender date of a license, the licensee shall have either completed all pending money transmissions or assigned each to another licensee.
(b) Notice pursuant to this section shall be provided at least thirty days before the surrender of the license and shall include:
(1) The date of surrender;
(2) The name, address, telephone number, facsimile number, and electronic address of a contact individual with knowledge and authority sufficient to communicate with the commissioner regarding all matters relating to the licensee during the period that it was licensed pursuant to this chapter;
(3) The reason or reasons for surrender;
(4) Total dollar amount of the licensee's outstanding money transmission obligations sold in Hawaii and the individual amounts of each outstanding money transmission obligation, and the name, address, and contact phone number of the licensee to which each outstanding money transmission obligation was assigned;
(5) A list of the licensee's Hawaii authorized delegates, if any, as of the date of surrender; and
(6) Confirmation that the licensee has notified each of its Hawaii authorized delegates, if any, that they may no longer conduct money transmissions on the licensee's behalf.
Voluntary surrender of a license shall be effective upon the date of surrender specified on the written notice to the commissioner as required by this section; provided that the licensee has met all the requirements of voluntary surrender and has returned the original license issued. [L 2013, c 167, pt of §1; am L 2017, c 45, §8; am L 2023, c 183, §6]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-23 Prohibited practices.

§489D-23 Prohibited practices.
It is a violation of this chapter for a licensee to:
(1) Directly or indirectly employ any scheme, device, or artifice to defraud or mislead any person, including, but not limited to, bait and switch advertising or sales practices;
(2) Directly or indirectly engage in any unfair or deceptive act or practice toward any person, including but not limited to any false or deceptive statement about fees or other terms of a money transmission or currency exchange;
(3) Directly or indirectly obtain property by fraud or misrepresentation;
(4) Knowingly make, publish, or disseminate any false, deceptive, or misleading information in the provision of money services;
(5) Knowingly receive or take possession for personal use any property of any money services business, other than in payment for services rendered, and with intent to defraud, and omit to make, or cause or direct to omit to make, a full and true entry in the books and accounts of the regulated business;
(6) Concur in making any false entry, or omit or concur in omitting any material entry in the books or accounts of the business;
(7) Knowingly make or publish to the commissioner or commissioner's designee, or concur in making or publishing to the commissioner or commissioner's designee, any written report, exhibit, or statement of the licensee's affairs or pecuniary condition containing any material statement that is false, or omit or concur in omitting any statement required by law to be contained therein; or
(8) Fail to make any report or statement lawfully required by the commissioner. [L 2006, c 153, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-24 Suspension or revocation of licenses.

§489D-24
Suspension or revocation of licenses.
The commissioner may suspend or revoke a license if the commissioner finds that:
(1) Any fact or condition exists that, if it had existed at the time when the licensee applied for its license, would have been grounds for denying the licensee's application;
(2) The licensee's net worth becomes inadequate and the licensee, after ten days written notice from the commissioner, fails to take steps as the commissioner deems necessary to remedy a deficiency;
(3) The licensee knowingly violates any material provision of this chapter or any rule or order validly adopted by the commissioner under authority of this chapter;
(4) The licensee is conducting its business in an unsafe or unsound manner;
(5) The licensee is insolvent;
(6) The licensee has suspended payment of its obligations, has made an assignment for the benefit of its creditors, or has admitted, in writing, its inability to pay its debts as they become due;
(7) The licensee has filed for bankruptcy, reorganization, arrangement, or other relief under any bankruptcy law;
(8) The licensee refuses to permit the commissioner to make any examination authorized by this chapter; or
(9) The competence, experience, character, or general fitness of the licensee indicates that it is not in the public interest to allow the licensee to have a license. [L 2006, c 153, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-25 Suspension or revocation of authorized delegates.

§489D-25 Suspension or revocation of authorized delegates.
(a) The commissioner may issue an order suspending or revoking the designation of an authorized delegate, if the commissioner finds that:
(1) The authorized delegate violates this chapter or a rule adopted or an order issued under this chapter;
(2) The authorized delegate does not cooperate with an examination or investigation by the commissioner;
(3) The authorized delegate engages in fraud, intentional misrepresentation, or gross negligence;
(4) The authorized delegate is convicted of a violation of a federal or state anti-money laundering statute;
(5) The competence, experience, character, or general fitness of the authorized delegate or a person in control of the delegate indicates that it is not in the public interest to permit the delegate to provide money services; or
(6) The authorized delegate is engaging in an unsafe or unsound practice.
(b) In determining whether an authorized delegate is engaging in an unsafe or unsound practice, the commissioner may consider the size and condition of the delegate's provision of money services, the magnitude of the loss, the gravity of the violation of this chapter, and the previous conduct of the delegate.
(c) An authorized delegate may apply for relief from a suspension or revocation of designation as an authorized delegate according to procedures prescribed by the commissioner. [L 2006, c 153, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-26 Orders to cease and desist.

§489D-26 Orders to cease and desist.
(a) If the commissioner determines a violation of this chapter or a rule adopted or an order issued under this chapter by a licensee or authorized delegate is:
(1) Likely to cause immediate and irreparable harm to the licensee, the licensee's customers, or the public as a result of the violation; or
(2) Cause insolvency or significant dissipation of assets of the licensee,
the commissioner may issue an order requiring the licensee or authorized delegate to cease and desist from the violation. The order becomes effective upon service of the order upon the licensee or authorized delegate.
(b) The commissioner may order a licensee to cease and desist from providing money transmission services through an authorized delegate that is the subject of a separate order pursuant to section 489D-25 by the commissioner.
(c) An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to chapter 91.
(d) A licensee or an authorized delegate that is served with an order to cease and desist may petition the circuit court for a judicial order setting aside, limiting, or suspending the enforcement, operation, or effectiveness of the order pending the completion of an administrative proceeding pursuant to section 489D-31 or 489D-32.
(e) The commissioner shall commence an administrative proceeding pursuant to chapter 91 within twenty days after issuing an order to cease and desist.
(f) The commissioner may apply to the circuit court for an appropriate order to protect the public interest. [L 2006, c 153, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-27 Consent orders.

§489D-27 Consent orders.
The commissioner may enter into a consent order at any time with a person to resolve a matter arising under this chapter. A consent order shall be signed by the person to whom the order is issued or by the person's authorized representative, and shall indicate agreement with the terms contained in the order. A consent order may provide that it does not constitute an admission by a person that this chapter or a rule adopted or an order issued under this chapter has been violated. [L 2006, c 153, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-28 Civil penalties.

§489D-28 Civil penalties.
The commissioner may assess a fine against a person who violates this chapter or a rule adopted or an order issued under this chapter in an amount not to exceed $1,000 per day for each day the violation is outstanding, plus the State's costs and expenses for the investigation and prosecution of the matter, including reasonable attorneys' fees. [L 2006, c 153, pt of §1; am L 2008, c 195, §14; am L 2013, c 167, §14]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-29 Criminal penalties.

§489D-29 Criminal penalties.
(a) A person who intentionally makes a false statement, misrepresentation, or false certification in a record filed or required to be maintained under this chapter, who intentionally makes a false entry, or who omits a material entry in a record shall be guilty of a class C felony.
(b) An individual or person who knowingly engages in any activity for which a license is required under this chapter, without being licensed under this chapter, shall be guilty of a misdemeanor, and be subject to a fine in an amount not to exceed $1,000, imprisonment of not more than one year, or both, and each day a violation exists shall be deemed a separate offense. [L 2006, c 153, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-30 Unlicensed persons.

§489D-30 Unlicensed persons.
(a) If the commissioner has reason to believe that a person has violated or is violating section 489D-3, the commissioner may issue an order to show cause why an order to cease and desist should not issue requiring that the person cease and desist from the violation of section 489D-3.
(b) If the commissioner has reason to believe that a person has violated or is violating section 489D-3, the commissioner may petition the circuit court for the issuance of a temporary restraining order if the public would be irreparably harmed.
(c) An order to cease and desist becomes effective upon service of the order upon the person.
(d) An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to section 489D-26.
(e) A person who is served with an order to cease and desist for violating section 489D-3 may petition the circuit court for a judicial order setting aside, limiting, or suspending the enforcement, operation, or effectiveness of the order to cease and desist pending the completion of an administrative proceeding pursuant to section 489D-26.
(f) The commissioner shall commence an administrative proceeding within twenty days after issuing an order to cease and desist. [L 2006, c 153, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-32 Hearings.

§489D-32 Hearings.
Except as otherwise provided in sections 489D-12(c) and 489D-26, the commissioner may not suspend or revoke a license, issue an order to cease and desist, suspend or revoke the designation of an authorized delegate, or assess a civil penalty without notice and an opportunity to be heard. [L 2006, c 153, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-33 Division functions.

§489D-33 Division functions.
(a) The division shall exercise all administrative functions of the State in relation to the regulation, supervision, and licensing of money transmitters.
(b) The division shall interpret and carry out the provisions of this chapter. [L 2006, c 153, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489D. Money Transmitters Act › 489D-34 Powers of the commissioner.

§489D-34 Powers of the commissioner.
In addition to any other powers provided by law, the commissioner may:
(1) Adopt rules pursuant to chapter 91 to implement this chapter;
(2) Administer and enforce the provisions and requirements of this chapter;
(3) Issue declaratory rulings and informal nonbinding interpretations;
(4) Develop requirements for licensure;
(5) Process and investigate complaints, subpoena witnesses and documents, administer oaths, and receive affidavits and oral testimony, including telephonic communications;
(6) Investigate and conduct hearings, including contested case proceedings under chapter 91, regarding any violation of this chapter, or any rule or order of, or agreement with, the commissioner;
(7) Create fact-finding committees that may make recommendations to the commissioner for the commissioner's deliberations;
(8) Require disclosure of relevant criminal history in accordance with this chapter and conduct criminal history record checks conducted by or through NMLS or pursuant to chapter 846;
(9) Contract with or employ qualified persons who may be exempt from chapter 76, including investigators, examiners, auditors, and attorneys, to assist the commissioner in exercising the commissioner's powers and duties;
(10) Require that all revenues, fees, and fines collected by the commissioner under this chapter be deposited into the compliance resolution fund established pursuant to section 26-9(o);
(11) Revoke, suspend, or otherwise limit the license of any money transmitter for any violation of this chapter, or any rule or order of, or agreement with, the commissioner;
(12) Report any violation of this chapter or violation of federal or state law to the Consumer Financial Protection Bureau or other federal agency having jurisdiction over the licensee;
(13) Participate in nationwide protocols for licensing cooperation and coordination among state regulators; and
(14) Do any and all things necessary or incidental to the exercise of the commissioner's power and duties. [L 2006, c 153, pt of §1; am L 2018, c 21, §2; am L 2021, c 108, §8; am L 2022, c 59, §2]
Revision Note
Subsection designation deleted pursuant to §23G-15(1).
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489E. Uniform Electronic Transactions Act › 489E-3 Scope.

§489E-3 Scope.
(a) This chapter shall apply to electronic records and electronic signatures relating to a transaction.
(b) This chapter does not apply to a transaction to the extent it is governed by:
(1) A law governing the creation and execution of wills, codicils, or testamentary trusts;
(2) The Uniform Commercial Code other than section 490:1-201, article 2, and article 2A; and
(3) A law or rule governing notice of:
[(A)] Default, including but not limited to notices relating to acceleration, repossession, eviction, foreclosure, or the right to cure;
[(B)] Utility shutoff, including water, telephone, gas and electricity; or
[(C)] Cancellation, termination, lapse, or material alteration of a contract of insurance, insurance benefits, life settlement or viatical settlement agreement, or service contract.
(c) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) when used for a transaction subject to a law other than those specified in subsection (b).
(d) A transaction subject to this chapter is also subject to other applicable substantive law. [L 2000, c 282, pt of §1; am L 2004, c 162, §3; am L 2008, c 19, §78]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 489E. Uniform Electronic Transactions Act › 489E-4 Prospective application.

§489E-4 Prospective application.
This chapter shall apply to any electronic record or electronic signature created, generated, sent, communicated, or received on or after June 28, 2000. [L 2000, c 282, pt of §1]
Revision Note
"June 28, 2000" substituted for "the effective date of this chapter".