reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-21.1 Bonds of auctions.

§437-21.1 Bonds of auctions.
The bond of an auction shall be in the same amount and under the same terms and conditions as required for a new motor vehicle dealer in accordance with rules adopted by the motor vehicle industry licensing board. [L 1969, c 263, §1(17); am L 1971, c 137, §1; am L 1989, c 299, §2; am L 1996, c 264, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-23 Term of license.

§437-23 Term of license.
(a) Expiration. All licenses issued pursuant to this chapter shall expire on June 30 of each even-numbered year unless sooner terminated, suspended, or revoked. All applications for renewal of license shall be filed on or before June 30 of each even-numbered year together with the applicable fees.
(b) Reapplication. If a licensee fails to renew the licensee's license on or before June 30 of each even-numbered year and desires to continue in the business or activity for which the license was issued, the licensee shall file a new application for a license and shall pay in addition to the license and filing fee a penalty of twenty-five per cent of the original license fee; provided that the board may for good cause waive the collection of all or a part of the penalty; and provided that nothing contained in this section shall limit the power of the board to deny any application on the grounds provided in this chapter.
(c) Renewal fees for manufacturers and distributors shall be as follows until renewal fees are adopted by the director under this subsection in accordance with chapter 91:
(1) Biennial renewal fee: $1,000; and
(2) Biennial compliance resolution fund fee: $500 for each dealer franchised by the manufacturer or distributor. [L 1963, c 199, §1j; Supp, §160-171.1; HRS §437-23; am L 1969, c 263, §1(12); am L 1975, c 118, §3(2); gen ch 1985; am L 2003, c 126, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-24 Licenses terminate, when.

§437-24 Licenses terminate, when.
(a) Any license issued pursuant to this chapter shall terminate upon the permanent or temporary cessation of the business or activity for which it was issued.
(b) A salesperson's license shall terminate upon the termination of the license of the dealer by whom the salesperson is employed or upon the termination of the salesperson's employment.
(c) Upon the termination, suspension, or revocation of a license, the holder shall deliver it to the board.
(d) Where the termination is not the result of suspension or revocation by the board for cause, the board shall reissue the license to the holder without cost if the holder resumes the holder's business or employment within the term for which it was issued. [L 1963, c 199, §1k; Supp, §160-171.2; HRS §437-24; am L 1969, c 263, §1(13); gen ch 1985, 1993; am L 1996, c 264, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-25 Amended licenses.

§437-25 Amended licenses.
(a) Prior to entering the employ of a dealer, other than the one for which the salesperson's license was issued, a salesperson shall apply to the board for an amended license authorizing the new employment. Prior to moving or amending the premises or adding branch locations of a business for which a license was issued under this chapter, the holder shall apply for an amended license authorizing the change.
(b) The executive officer of the board is authorized to issue the amended license of a salesperson subject to the ratification by the board for the first three amendments to a license during the original term thereof. The board shall issue the fourth and following amendments to such license during the term of the original license. The executive officer may issue an amended license for new or amended premises or for additional branch locations of the business under a license subject to the board's ratification; provided that the executive officer may not issue an amended license when a prior amendment to the same license has not been acted upon by the board. Unless good cause exists, the amended license shall be freely issued for the remainder of the original term.
(c) The fees for amended licenses shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91. [L 1963, c 199, §1(1); Supp, §160-171.3; HRS §437-25; am L 1969, c 263, §1(14); am L 1984, c 7, §5; gen ch 1985, 1993; am L 1996, c 264, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-26 License not transferable; other requirements.

§437-26 License not transferable; other requirements.
(a) Nontransferable. No license issued under this chapter shall be transferable.
(b) License to be posted. Each dealer shall keep the license or a certified copy thereof posted in a conspicuous place on each premises.
(c) License on person. Each salesperson shall carry the salesperson's license on the salesperson's person or a certified copy thereof and shall exhibit such license or certified copy thereof upon demand by any person with whom the salesperson seeks to transact business as a motor vehicle salesperson. [L 1963, c 199, §1m; Supp, §160-171.4; HRS §437-26; gen ch 1985, 1993]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-27 Change of status, notice.

§437-27 Change of status, notice.
If the status of any licensee changes during the period for which the license is issued because of:
(1) Changes in officers, directors, or limited partners of the licensee or termination of the employment of any licensed salesperson;
(2) The transfer of more than ten per cent of the ownership of the licensee to one person;
(3) The termination of a licensed premises by a dealer or auction or the acquiring or termination of a franchise; or
(4) The assignment of any part of the licensee's assets for the benefit of creditors;
the licensee shall within fifteen days thereafter file with the board notice of such change containing such information as may be required by the board; provided that nothing contained in this section shall limit the power of the board to suspend, revoke, or deny the renewal of such license or impose any other penalty authorized by this chapter. A manufacturer or distributor shall give written notice to the board pursuant to section 437-58, of its intent to terminate, discontinue, cancel, or fail to renew a franchise agreement. [L 1939, c 258, §8; RL 1945, §7372; am L 1951, c 90, pt of §1; RL 1955, §160-172; am L 1957, c 302, §1(19); am L 1961, c 59, §1(14); HRS §437-27; am L 1969, c 263, §1(15); gen ch 1993; am L 1996, c 264, §9; am L 2010, c 164, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-27.5 Requirements to maintain license.

§437-27.5 Requirements to maintain license.
A broker shall have and maintain in full force and effect a bond as required under section 437-18. Failure, refusal, or neglect to maintain in full force and effect a bond shall cause the automatic suspension of the license effective as of the date of expiration or cancellation of the bond. The license shall not be reinstated until a bond as required under section 437-18 is received by the board.
Failure to effect a reinstatement of a suspended license within sixty days of the suspension shall cause the license and all fees to be forfeited.
A licensee may, within fifteen calendar days after receipt of notification of the license forfeiture, request an administrative hearing pursuant to chapter 91 to review the forfeiture. [L 1985, c 102, §3; am L 1989, c 299, §3; am L 1992, c 153, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-29 Discretionary powers of board.

§437-29 Discretionary powers of board.
(a) Where any applicant for a license or stockholder owning more than a ten per cent interest in the applicant or any officer, director, trustee, employee, or partner of the applicant has been guilty of any act or omission involving personal misconduct which by this chapter is made ground for refusing to issue a license or for revoking or suspending a license, such as the making of a false statement of a material fact in an application, the commission of a fraudulent act in connection with the sale or negotiation for the purchase of motor vehicles, and the like, the board shall have discretion, nevertheless, to issue the license or suspend or reject the revocation of the license, upon such reasonable conditions, including the furnishing of an additional bond not exceeding $5,000, as to future good conduct of the applicant and other person concerned, as the board determines, provided the board finds:
(1) That there are extenuating circumstances that indicate that the act or omission was not due to moral turpitude; or
(2) That a reasonable time fixed by rule of the board, not less than one year, has elapsed since the act or omission occurred, together with evidence of the person's rehabilitation or general good character, sufficient to indicate that the person is not likely to repeat the offense or engage in illegal, unlawful, or unconscionable practices; or
(3) That the favorable action by the board will not jeopardize the public interest.
(b) Notification of the application of each dealer or auction approved by the board, or a report of the suspension, revocation, or change of status of a dealer's or auction's license shall be furnished to the treasurer of the affected county motor vehicle registration division or finance department promptly upon the granting, suspension, revocation, or change of status of the license. [L 1939, c 258, §13; RL 1945, §7374; am L 1951, c 90, pt of §1; RL 1955, §160-174; am L 1957, c 302, §1(21); am L 1961, c 59, §1(15); am L 1963, c 199, §1o; HRS §437-29; am L 1969, c 263, §1(18); gen ch 1985; am L 1992, c 202, §30; am L 1996, c 264, §11; am L 2003, c 126, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-31.5 New or used motor vehicle sales and lease contracts.

§437-31.5 New or used motor vehicle sales and lease contracts.
Regardless of whether or not the buyer has taken possession of the motor vehicle, a new or used motor vehicle purchase or lease agreement by a salesperson or dealer shall be void if the agreement is contingent upon the financing of the purchase and, pursuant to the financing or credit application signed at the time of purchase, the buyer is unable to qualify. [L 1999, c 216, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-32 Credit sale contracts; agreements concerning, unlawful.

§437-32 Credit sale contracts; agreements concerning, unlawful.
No person who is engaged in, or about to engage in, the business of selling motor vehicles at retail shall enter into any contract, agreement, or understanding, express or implied, with any manufacturer or distributor of motor vehicles that the person will sell only to a designated person, or class of persons, all or any part of the credit sale contracts arising out of the sale by the person of motor vehicles, or that the person will refuse to sell such credit sale contracts to any designated person, or class of persons. Any such contract, agreement, or understanding is declared to be against the public policy of this State and to be unlawful and void. [L 1939, c 258, §16; RL 1945, §7377; am L 1951, c 90, pt of §1; RL 1955, §160-177; HRS §437-32; gen ch 1985; am L 1987, c 283, §28]
Cross References
Credit sales, generally, see chapter 476.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-33 Coercion by manufacturer or distributor unlawful.

§437-33 Coercion by manufacturer or distributor unlawful.
No person, being a manufacturer or distributor of motor vehicles, or being an officer, agent, or representative of such manufacturer or distributor, shall induce or coerce, or attempt to induce or coerce, any retail motor vehicle dealer or prospective retail motor vehicle dealer to sell or refuse to sell all or any portion of the dealer's retail installment contracts to any person or class of persons designated by the manufacturer or distributor, by means of any statement, suggestion, promise, or threat, made directly or indirectly, that the manufacturer or distributor will in any manner injure or benefit such a dealer, or by means of any act of the manufacturer or distributor that has benefited or injured the dealer, or by means of any statement or representation, made directly or indirectly, that the dealer is under any obligation whatsoever to make or refuse to make such sale. [L 1939, c 258, §17; RL 1945, §7378; am L 1951, c 90, pt of §1; RL 1955, §160-178; HRS §437-33; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-34 Credit sale contracts, when purchase of unlawful.

§437-34 Credit sale contracts, when purchase of unlawful.
No person engaged in the business of buying credit sale contracts from motor vehicle dealers in this State, and no officer, agent, or representative of such person, shall purchase or attempt to purchase any such credit sale contract from any motor vehicle dealer in this State:
(1) When the dealer in consequence of any contract, agreement, or arrangement between such person and a manufacturer or distributor supplying motor vehicles to the dealer has been induced or coerced to sell such credit sale contract by means of any statement, suggestion, promise, or threat, made, directly or indirectly, that the manufacturer or distributor supplying motor vehicles to the dealer would in any manner injure or benefit the dealer, or by means of any act of the manufacturer or distributor that has benefited or injured the dealer, or by means of any statement or representation, made, directly or indirectly, that the dealer is under any obligation whatsoever to make such sale;
(2) When such person has received or has contracted to receive from any manufacturer or distributor supplying motor vehicles to the dealer, or has given or contracted to give to the manufacturer or distributor, any subsidy or thing of service or value, where the effect of the giving or receiving of such subsidy or thing of service or value may be to lessen or eliminate competition in the business of purchasing credit sale contracts from motor vehicle dealers or tend to grant an unfair trade advantage or to create a monopoly in such person. [L 1939, c 258, §18; RL 1945, §7379; am L 1951, c 90, pt of §1; RL 1955, §160-179; HRS §437-34; am L 1987, c 283, §29]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-35 Penalty.

§437-35 Penalty.
Any person who violates any provision of this chapter or rules of the board, or who engages in the business as, or serves in the capacity of, or acts as a motor vehicle dealer, salesperson, auction, manufacturer, or distributor in the State or otherwise engages in the business of selling or negotiating for the purchase of motor vehicles in this State without being licensed as provided in this chapter, shall be fined not more than $1,000, and each day's violation or failure to comply shall be deemed a separate offense. [L 1939, c 258, §19; RL 1945, §7380; am L 1951, c 90, pt of §1; RL 1955, §160-180; am L 1957, c 302, §1(22); HRS §437-35; am L 1974, c 99, §1; am L 1986, c 152, §3; gen ch 1992; am L 1996, c 264, §12; am L 2003, c 126, §10]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-35.5 Misdemeanor.

§437-35.5 Misdemeanor.
Any person who is convicted of violating any provision of this chapter or rules of the board, or who engages in the business as or serves in the capacity of, or acts as a motor vehicle dealer, salesperson, auction, manufacturer, or distributor in the State or otherwise engages in the business of selling or negotiating for the purchase of motor vehicles in this State without being licensed as provided in this chapter, shall have committed a misdemeanor and be subject to a fine of not more than $1,000, or imprisoned not more than one year, or both. [L 1986, c 152, §1; gen ch 1992; am L 1996, c 264, §13; am L 2003, c 126, §11]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-36 Injunction; damages.

§437-36 Injunction; damages.
The motor vehicle industry licensing board or any person, firm, or corporation or any trade association may maintain a suit to enjoin the performance or the continuance of any act or acts by a person acting without a license where a license is required by this chapter, and if injured thereby, for the recovery of damages. If in the suit the court finds that the defendant has violated or is violating any of the provisions of this chapter it may enjoin the defendant from further violation thereof. It shall not be necessary that actual damages to the plaintiff or petitioner be alleged or proved. Plaintiff or petitioner shall be entitled, if the plaintiff or petitioner procures a decree hereunder, to a reasonable attorney's fee to be allowed by the court. [L 1949, c 163, §2; am L 1951, c 90, pt of §1; RL 1955, §160-181; HRS §437-36; am L 1969, c 263, §1(22); gen ch 1985]
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-37 Credit sale contract violations; penalty.

§437-37 Credit sale contract violations; penalty.
Whoever violates any of the provisions of sections 437-32 to 437-34 relating to sales or purchase of credit sale contracts shall be fined not less than $25 nor more than $1,000. [L 1939, c 258, §20; RL 1945, §7381; am L 1951, c 90, pt of §1; RL 1955, §160-182; HRS §437-37; am L 1987, c 283, §30]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-37.5 Cumulative penalties.

§437-37.5 Cumulative penalties.
Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. [L 1986, c 152, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-39 Enforcement.

§437-39 Enforcement.
When necessary, the board may enforce this chapter, including any rule adopted thereunder or decision rendered thereunder by applying to the circuit court for any relief which may be appropriate, including injunctive relief. Further, the board may apply to the circuit court for any relief which may be appropriate including injunctive relief to enjoin any licensee or other person who violates or threatens to violate any provision of this chapter, including any rule adopted thereunder. [L 1973, c 129, §1(j); am L 1996, c 264, §14]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-40 Information in applications, confidential; penalty for divulging.

§437-40 Information in applications, confidential; penalty for divulging.
The applications for license and contracts required by section 437-7 shall not be deemed a part of the public records but shall be confidential information for use of the treasurer and the motor vehicle industry licensing board. Whoever, except in a report to the treasurer or the board or when called on to testify in any court or proceeding, divulges any information contained in the applications and acquired by the official or employee in the official's or employee's capacity as an official or employee of the county treasurer's office or of the board shall be fined not less than $50 nor more than $100.
Provided that the treasurer or the board may permit the inspection of any such applications by any other person upon being satisfied that the inspection is desired for some lawful and proper purpose. [L 1939, c 258, §23; RL 1945, §7383; am L 1951, c 90, pt of §1; RL 1955, §160-184; am L 1957, c 302, §1(25); am L 1963, c 193, §47; HRS §437-40; am L 1969, c 263, §1(20), (22); gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-41 Liberal interpretation.

§437-41 Liberal interpretation.
All provisions in this chapter shall be liberally interpreted to protect the public from fraud in the business of purchasing or selling motor vehicles and to protect the investments of its citizens in motor vehicles and dealerships and to protect the transportation system of the State and shall further be interpreted to affect existing as well as future franchise agreements. [L 1939, c 258, §24; RL 1945, §7384; am L 1951, c 90, pt of §1; RL 1955, §160-185; am L 1957, c 302, §1(26); am L 1961, c 59, §1(16); HRS §437-41; am L 1969, c 263, §1(21)]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-42 Sections 445-171 and 445-172 not to apply.

§437-42 Sections 445-171 and 445-172 not to apply.
Sections 445-171 and 445-172 do not apply to dealers and salespersons licensed under this chapter. [L 1939, c 258, §25; RL 1945, §7385; am L 1951, c 90, pt of §1; RL 1955, §160-186; am L 1957, c 302, §1(27); am L 1961, c 59, §1(16); HRS §437-42; gen ch 1993]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-53 Sale, assignment, or transfer of franchise to qualified purchaser.

§437-53 Sale, assignment, or transfer of franchise to qualified purchaser.
(a)
A manufacturer or distributor shall not unreasonably withhold consent to the sale, assignment, or transfer of the franchise to a qualified purchaser capable of being licensed as a dealer.
(b) The dealer shall notify the manufacturer or distributor, in writing, of its desire to sell, assign, or transfer its franchise and identify the proposed transferee's name, address, financial qualifications, and business experience. Along with such notice, the dealer shall also provide the manufacturer or distributor with completed application forms and related information generally used by the manufacturer or distributor to conduct its review of such a proposal, and a copy of all agreements regarding the proposed sale, assignment, or transfer. The manufacturer or distributor shall, within thirty days of receipt of the application and all supporting documentation as specified therein, review the application and identify in writing the additional information, data, or documents, if any, needed by the manufacturer or distributor to complete its review. If the manufacturer or distributor does not reject the application within sixty days of receipt of the completed application and all supporting documentation or within sixty days of receipt of any additional information, data, or documents timely requested by the manufacturer or distributor, the application shall be considered approved, unless the sixty-day deadline is extended by mutual agreement of the manufacturer or distributor and the dealer.
(c) If a manufacturer or distributor denies a dealer's proposed sale, assignment, or transfer of the franchise, the dealer may file a petition in the manner prescribed in section 437-51, within sixty days of the notice of denial. The manufacturer or distributor shall have the burden of proof to demonstrate at a hearing pursuant to a timely filed complaint that the proposed transferee is not of good moral character or does not meet the written, reasonable, and uniformly applied business standards or qualifications of the manufacturer relating to the financial qualifications of the transferee and business experience of the transferee or the transferee's executive management. [L 2010, c 164, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-54 Transfer of franchise to successor who is not a qualified purchaser.

§437-54 Transfer of franchise to successor who is not a qualified purchaser.
(a) A manufacturer or distributor shall not refuse or fail to give effect, unless it has good cause, to the dealer's designated successor, whether designated by will, other estate planning document, or written notice to the manufacturer or distributor either while the dealer was living or within ninety days of the dealer's death or incapacity.
(b) In determining whether good cause exists for the manufacturer's or distributor's refusal to honor the succession, the manufacturer or distributor shall have the burden to prove that the successor is not of good moral character, is not willing to be bound by the terms of the franchise agreement, and is either not qualified to operate the dealership or fails to demonstrate that the dealership will be operated by a qualified executive manager.
(c) The designated successor shall furnish written notice to the manufacturer or distributor including all necessary application forms and related information customarily required by the manufacturer or distributor of the successor's intention to succeed to the ownership of the new motor vehicle dealership within sixty days prior to the designee's actual proposed succession to dealership ownership for the manufacturer or distributor to determine whether the proposed successor meets the normal, reasonable, and uniformly applied standards for the grant of an application as a new motor vehicle dealer.
(d) The manufacturer or distributor shall notify the proposed successor of its belief that good cause exists to refuse to honor the succession within sixty days after receipt of the notice of the proposed successor's intent to succeed the franchise, and the manufacturer or distributor shall detail its reasons why it believes good cause exists to deny the succession.
(e) A proposed successor may file a petition in the manner prescribed in section 437-51 within sixty days after receipt of the manufacturer's or distributor's notice of refusal to honor the succession. The franchise shall continue, and the manufacturer or distributor is prohibited from any action to the contrary, until a final judgment has been rendered on the proposed succession. [L 2010, c 164, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-57 Warranty and incentive audits.

§437-57 Warranty and incentive audits.
(a)
No manufacturer or distributor shall conduct a warranty or incentive audit on previously paid claims or chargeback any warranty or incentive payment previously made more than one year after the date the manufacturer or distributor made the payment to the dealer. This section shall not apply to fraudulent claims.
(b) A manufacturer or distributor shall not chargeback a dealer for sales or warranty payments unless the manufacturer or distributor can satisfy its burden of proof that the dealer's claim was fraudulent or that the dealer did not substantially comply with the reasonable written procedures of the manufacturer or distributor.
(c) The manufacturer or distributor shall provide the dealer a written notice thirty days before imposing a proposed chargeback. The dealer may protest the imposition of a proposed chargeback prior to the imposition of a proposed chargeback. The dealer, manufacturer, or distributor shall conduct any internal dispute resolution process in accordance with the franchise agreement. After the internal dispute resolution process is concluded, the dealer may file a petition in the manner prescribed in section 437-51 protesting the proposed chargeback amount. If a petition is filed, the proposed chargeback shall be stayed during the entirety of the action and until a final judgment has been rendered. [L 2010, c 164, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-2 Applicability of chapter.

§437B-2 Applicability of chapter.
This chapter does not apply to:
(1) Employees of the county, state, or federal governments when carrying out the functions of governmental employment; or
(2) Employees of a commercial or business enterprise who engage in the repair of motor vehicles which are owned, maintained, and operated exclusively by such commercial or business enterprise and which are not leased or rented to others; provided that employees may voluntarily be licensed pursuant to this chapter. [L 1975, c 143, pt of §2; am L 1986, c 150, §2; am L 1998, c 199, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-3 Motor vehicle repair industry board.

§437B-3 Motor vehicle repair industry board.
There shall be a motor vehicle repair industry board consisting of seven members. Three members of the board shall be persons connected with the motor vehicle repair industry and at least two of those members shall be motor vehicle mechanics licensed under this chapter. The remaining four members shall not be connected with the motor vehicle repair industry. [L 1975, c 143, pt of §2; am L 1982, c 204, §8; gen ch 1985; am L 1992, c 202, §31; am L 1998, c 199, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-4 Powers and duties of board.

§437B-4
Powers and duties of board
. In addition to any other powers and duties authorized by law, the board, in accordance with this chapter and chapter 91 shall:
(1) Establish such qualifications for the licensing of motor vehicle repair dealers and motor vehicle mechanics as may be necessary for the welfare of the public and the motor vehicle repair industry; provided that no individual shall be licensed as a motor vehicle mechanic without first receiving certification as provided by this chapter;
(2) Inquire into the practices and policies of the motor vehicle repair industry and make rules with respect to such practices and policies as may be deemed important and necessary by the board for the welfare of the public and the motor vehicle repair industry;
(3) Develop and administer the certification program provided for in this chapter;
(4) Adopt, amend, and repeal such rules not inconsistent with this chapter, as the board deems appropriate for effectuating the purpose of this chapter and to ensure the welfare of the public;
(5) Adopt rules pursuant to chapter 91 necessary to implement the provisions of this chapter relating to CFCs; and
(6) Enforce this chapter and rules adopted pursuant thereto. [L 1975, c 143, pt of §2; am L 1988, c 128, §1; am L 1989, c 77, §6; am L 1992, c 202, §32; am L 1998, c 199, §3; am L 2014, c 225, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-7 License required.

§437B-7 License required.
On or after January 1, 1976, it shall be unlawful for any person to engage in the repair of motor vehicles for compensation without being licensed as a motor vehicle repair dealer or motor vehicle mechanic in accordance with this chapter. Every motor vehicle repair dealer shall be a motor vehicle mechanic or shall have at least one motor vehicle mechanic in the dealer's employ. No motor vehicle mechanic shall engage in the repair of motor vehicles unless that person is also licensed as a motor vehicle repair dealer or unless that person is in the employ of a motor vehicle repair dealer. [L 1975, c 143, pt of §2; am L 1985, c 65, §1; am L 1998, c 199, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-7.5 Requirements for licensing of repair dealer; inspection. (a) Before a motor vehicle repair dealer license is granted by the board, the applicant shall establish that the applicant is or employs a full-time motor vehicle mechanic licensed with the board, and has a repair facility and the equipment necessary to properly perform work in the specialty or area of certification for which licensure is requested. (b) The board may inspect an applicant's repair facility and equipment prior to licensing, and may conduct subsequent inspections of repair facilities to verify continued compliance with subsection (a). [L 1993, c 110, §1; am L 1998, c 199, §5]

§437B-7.5
Requirements for licensing of repair dealer; inspection.
(a) Before a motor vehicle repair dealer license is granted by the board, the applicant shall establish that the applicant is or employs a full-time motor vehicle mechanic licensed with the board, and has a repair facility and the equipment necessary to properly perform work in the specialty or area of certification for which licensure is requested.
(b) The board may inspect an applicant's repair facility and equipment prior to licensing, and may conduct subsequent inspections of repair facilities to verify continued compliance with subsection (a). [L 1993, c 110, §1; am L 1998, c 199, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-8 Powers to classify and limit license.

§437B-8 Powers to classify and limit license.
(a) The board shall adopt rules necessary to effect the classification of motor vehicle mechanics in a manner consistent with the certification program established by this chapter, and shall limit the motor vehicle repair activities of a licensee to those areas for which the licensee is certified or licensed.
(b) An applicant may make application for [licensure] in more than one classification if the applicant is certified for each classification and otherwise meets the qualification for [licensure] as prescribed by the board. If the applicant is licensed for more than one classification, the applicant shall pay the license fee but shall not be required to pay any additional license fee. [L 1975, c 143, pt of §2; gen ch 1985; am L 1998, c 199, § §8, 9, 11]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-9 Fees: application; biennial renewals; license; restoration.

§437B-9 Fees: application; biennial renewals; license; restoration.
(a) The fees for each application, original biennial license, and renewal for the motor vehicle repair dealer and the motor vehicle mechanic shall be as provided in rules adopted by the department pursuant to chapter 91. At the time of license renewal, each licensee shall submit a completed renewal application and all applicable fees, and shall demonstrate continued compliance with all license and certification requirements.
(b) Any motor vehicle repair dealer maintaining more than one motor vehicle repair facility shall separately license each repair facility, providing the name of the full-time motor vehicle mechanic for the facility, and pay a fee for each facility.
(c) The renewal fee shall be paid to the board on or before June 30 of each odd-numbered year. Failure, neglect, or refusal of any licensee to pay the biennial renewal fee before the date shall constitute a forfeiture of the license. Any license may be restored within one year after the date of forfeiture upon compliance with the renewal requirements and upon written application and the payment of the required fee plus an amount equal to fifty per cent thereof. Any licensee who fails to restore a license within one year from the date of forfeiture shall reapply for a license as a new applicant.
[L 1975, c 143, pt of §2; am L 1984, c 7, §6; am L 1986, c 150, §3; am L 1993, c 110, §3; am L 1998, c 199, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-10 Certified repair dealer.

§437B-10 Certified repair dealer.
A dealer is a licensed and certified motor vehicle repair dealer if not less than fifty per cent of the mechanics employed by the dealer on a full-time basis are licensed-certified mechanics. [L 1975, c 143, pt of §2; gen ch 1985; am L 1998, c 199, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-11.3 Aiding or abetting.

§437B-11.3 Aiding or abetting.
Aiding or abetting an unlicensed person to evade this chapter or knowingly combining or conspiring with an unlicensed person, or allowing one's license to be used by an unlicensed person, or acting as agent or partner or associate, or otherwise, of an unlicensed person with the intent to evade this chapter, shall be a misdemeanor. [L 1986, c 150, §1; am L 1998, c 199, § §8, 10]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-11.5 Advertising.

§437B-11.5 Advertising.
No motor vehicle repair dealer shall advertise unless it holds a valid motor vehicle repair dealer license issued under this chapter. Advertisement includes, but is not limited to, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing of any sign or marking on or in any building or structure, or newspaper or magazine, or directory under the listing of motor vehicle repair dealer, or broadcasting by airwave transmission which relates to the motor vehicle repair business. [L 1984, c 130, §1; am L 1998, c 199, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-12 Enforcement.

§437B-12 Enforcement.
(a) In addition to any other actions authorized by law, in accordance with chapter 91, the board may fine, suspend, revoke, or refuse to renew the license of a motor vehicle repair dealer or mechanic for any violation of this chapter or rules adopted pursuant thereto. The board may also order restitution as provided in subsection (c).
(b) Any fine that is imposed shall be not less than $100 nor more than $2,500 for each violation.
(c) In lieu of or in addition to the fine imposed under this section, the board may require the motor vehicle repair dealer or mechanic to make restitution to the customer. Restitution may be imposed in lieu of a fine even though the amount may exceed the maximum fine set forth in subsection (b).
(d) If a motor vehicle repair dealer operates more than one motor vehicle repair facility in this State, the board pursuant to subsection (a) may only revoke, suspend, or refuse to renew the license of the specific motor vehicle repair facility that has violated this chapter. The violation, or the action by the board, shall not affect in any manner the right of the motor vehicle repair dealer to operate the dealer's other motor vehicle repair facilities; provided that the board may suspend, revoke, or refuse to renew the license for all motor vehicle repair facilities operated in this State by a motor vehicle repair dealer upon a finding that the motor vehicle repair dealer has, or is, engaged in a course of repeated and wilful violations of this chapter, or rules adopted pursuant thereto.
(e) Each:
(1) Mobile air conditioner serviced without using refrigerant recovery and recycling equipment;
(2) Motor vehicle or mobile air conditioner serviced after January 1, 1994, without successful completion of an appropriate training course dealing with the recovery and recycling of CFC and HCFC refrigerants; and
(3) Violation of chapter 342C,
constitutes a separate offense for which fines may be imposed under subsection (b). [L 1975, c 143, pt of §2; gen ch 1985; am L 1989, c 77, §8; am L 1990, c 316, §6; am L 1992, c 23, §1, c 202, §34, and c 264, §7; am L 1998, c 199, §8; am L 2021, c 230, §11]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-12.1 Citation for licensee violations; fines.

§437B-12.1 Citation for licensee violations; fines.
(a) In addition to any other remedy available under this chapter, the department may issue a citation to any person who holds a motor vehicle repair dealer or motor vehicle mechanic license for any of the following violations of this chapter or the rules adopted pursuant to this chapter and chapter 91:
(1) Failure of a motor vehicle repair dealer to conspicuously display the dealer's licensure certificate or certification certificate in the dealer's place of business;
(2) Failure of a motor vehicle repair dealer to conspicuously place a board-approved sign in all the dealer's motor vehicle repair locations; or
(3) Failure of a motor vehicle mechanic to carry or have readily available for inspection the pocket card provided to the motor vehicle mechanic by the department.
(b) Each citation:
(1) Shall be in writing and describe the basis of the citation, including the specific statute or rule violated;
(2) May contain an order of abatement and the assessment of a fine in the amount of $250 for each violation by a motor vehicle repair dealer and a fine in the amount of $100 for each violation by a motor vehicle mechanic;
(3) Shall be served on the licensee by personal service; and
(4) Shall inform the licensee that the licensee may submit a written request to the board or its designee for a hearing to contest the citation, within twenty calendar days from the service of the citation.
(c) If the licensee timely submits a written request to the board or its designee for a hearing, the board may designate a hearings officer to conduct the hearing in accordance with chapter 91.
(d) If the licensee does not timely submit a written request to the board or its designee for a hearing, the citation shall be deemed a final order of the board.
(e) Failure of a licensee to pay any assessed fine within thirty calendar days, unless the licensee contests the citation, may result in further disciplinary action taken by the board. [L 2018, c 23, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-12.5 Cumulative penalties.

§437B-12.5 Cumulative penalties.
Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. [L 1986, c 211, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-13 Invoices; supplying crash parts or used parts; customer's copy.

§437B-13 Invoices; supplying crash parts or used parts; customer's copy.
All work done by a motor vehicle repair dealer, mechanic, or apprentice, including all warranty work, shall be recorded on an invoice and shall describe all service work done and parts supplied. Service work and parts shall be listed separately on the invoice, which shall also state separately the subtotal prices for service work and for parts, not including the general excise tax, and shall state separately the tax, if any, applicable to parts and service work. If any crash, used, rebuilt, or reconditioned parts are supplied, the invoice shall clearly state that fact. If a part of a component system is composed of new and used, crash, rebuilt, or reconditioned parts, the invoice shall clearly state that fact. One copy shall be given to the customer and one copy shall be retained by the motor vehicle repair dealer. [L 1975, c 143, pt of §2; am L 1987, c 272, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-14 Return of replaced parts; exceptions.

§437B-14 Return of replaced parts; exceptions.
Upon request of the customer at the time the work order is taken, the motor vehicle repair dealer, mechanic, or apprentice shall return replaced parts to the customer at the time of the completion of the work excepting such parts as may be exempt because of size, weight, or other similar factors from this requirement by rule of the board and excepting such parts as the motor vehicle repair dealer, mechanic, or apprentice is required to return to the manufacturer or distributor under a warranty arrangement. If the parts must be returned to the manufacturer or distributor, the dealer, mechanic, or apprentice at the time the work order is taken shall offer to show, and upon acceptance of the offer, shall show the parts to the customer upon completion of the work, except that the dealer shall not be required to show a replaced part when no charge is being made for the replacement part. [L 1975, c 143, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-15 Estimate for labor and parts.

§437B-15 Estimate for labor and parts.
(a) The motor vehicle repair dealer, mechanic, or apprentice shall give the customer a written estimated price for labor and parts necessary for a specific job prior to commencement of the job. Such written estimated price need not be given if waived in writing by the customer. No charge in excess of fifteen per cent of the estimated price, if the estimated price is less than $100, or ten per cent of the estimated price, if the estimated price is in excess of $100, shall be charged for parts and labor supplied in excess of the estimated price, without the prior written or oral consent of the customer. Such consent shall be obtained at some time after it is determined that the estimated price is insufficient and before the labor not estimated is performed or the parts not estimated are supplied. This provision may be waived in writing by the customer, provided that such waiver by its terms shall be effective only after the dealer or mechanic has made reasonable efforts to contact the customer. The form and content of any waiver shall be as prescribed by rule of the board. Nothing in this section shall be construed as requiring a motor vehicle repair dealer, mechanic, or apprentice to give a written estimated price if the dealer, mechanic, or apprentice does not agree to perform the requested service. A reasonable fee may be charged for making the estimate.
(b) If any crash parts manufactured by anyone other than the original vehicle equipment manufacturer are to be supplied or installed, the estimate shall clearly state that fact and identify each of those crash parts. In identifying the crash parts which are not manufactured by the original vehicle equipment manufacturer, the motor vehicle repair dealer, mechanic, or apprentice may include information on any applicable manufacturer's warranty and information about the part's compliance with any certified testing program.
(c) No motor vehicle repair dealer, mechanic, or apprentice shall use crash parts which are not manufactured or supplied by the original vehicle equipment manufacturer unless the owner of the motor vehicle accepts the use of such parts and signs the estimate acknowledging the use and source of the crash parts. [L 1975, c 143, pt of §2; am L 1976, c 38, §1; am L 1987, c 272, §3; am L 1990, c 78, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-16 Records required; inspection.

§437B-16 Records required; inspection.
Each motor vehicle repair dealer shall maintain such records as are required by rules adopted by the board. The records shall be open for reasonable inspection by the board or other law enforcement officials. All such records shall be maintained for at least two years. [L 1975, c 143, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-17 Sign required concerning board; notice to customer.

§437B-17 Sign required concerning board; notice to customer.
The board shall design and approve of a sign which shall be placed in all motor vehicle repair dealer locations in a place and manner conspicuous to the public. Such sign shall give notice that inquiries concerning service may be made to the board and shall contain the telephone number of the board. The sign shall also give notice that the customer is entitled to a return of replaced parts upon the customer's request therefor at the time the work order is taken. [L 1975, c 143, pt of §2; gen ch 1985]