reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 454M. Mortgage Servicers › 454M-3 Exemptions.

§454M-3 Exemptions.
This chapter shall not apply to the following:
(1) Any persons chartered or authorized under the laws of any state or federal law to engage in the activity of an insured depository institution as defined in title 12 United States Code section 1813(c)(2), including banks or savings associations, and operating subsidiaries of an insured depository institution;
(2) Trust companies, credit unions, insurance companies, and financial service loan companies licensed by the State;
(3) The Federal Deposit Insurance Corporation, in connection with assets acquired, assigned, sold, or transferred pursuant to section 13(c) of the Federal Deposit Insurance Act or as receiver or conservator of an insured depository institution;
(4) The Federal National Mortgage Association; the Federal Home Loan Mortgage Corporation; the Federal Deposit Insurance Corporation; the United States Department of Housing and Urban Development, and the Government National Mortgage Association and the Federal Housing Administration, and cases in which a mortgage insured under the National Housing Act, 12 United States Code section 1701 et seq., is assigned to the United States Department of Housing and Urban Development; the National Credit Union Administration; the Farmers Home Administration or its successor agency under Public Law 103-354; and the Department of Veterans Affairs, in any case in which the assignment, sale, or transfer of the servicing of the mortgage loan is preceded by termination of the contract for servicing the loan for cause, commencement of proceedings for bankruptcy of the servicer, or commencement of proceedings by the Federal Deposit Insurance Corporation for conservatorship or receivership of the servicer or an entity by which the servicer is owned or controlled;
(5) Any person making or acquiring contemporaneously no more than five residential mortgage loans with that person's own funds for that person's own investment; and
(6) A developer of a time share plan, or an affiliated entity of a developer of a time share plan, servicing a loan that is:
(A) Made by the developer or the developer's affiliated entity; and
(B) Secured by a lien on a time share interest. [L 2009, c 106, pt of §1; am L 2016, c 122, §21]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 454M. Mortgage Servicers › 454M-4.5 Registration with NMLS.

§454M-4.5 Registration with NMLS.
The commissioner may require all mortgage servicers to register with NMLS. [L 2012, c 245, §1; am L 2013, c 92, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 454M. Mortgage Servicers › 454M-7 License sanctions; cease and desist and other orders.

§454M-7 License sanctions; cease and desist and other orders.
(a) In addition to any other actions authorized by law, the commissioner may suspend; revoke; deny; condition in any manner; or refuse to renew, reinstate, or restore, any license issued under this chapter, or fine any person holding a license issued under this chapter, for any violation of this chapter. All such orders shall be made pursuant to chapter 91, except as provided by section 454M-8.7 or another provision of this chapter.
(b) If the commissioner finds that a violation of this chapter or a rule adopted or an order issued under this chapter by a licensee is likely to cause immediate and irreparable harm to the licensee, the licensee's customers, or the public as a result of the violation, or is likely to cause insolvency or significant dissipation of assets of the licensee, then the commissioner may issue an order requiring the licensee to cease and desist from the violation. The order becomes effective upon service of the order upon the licensee.
(c) 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 of 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 2009, c 106, pt of §1; am L 2019, c 75, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 454M. Mortgage Servicers › 454M-8 Powers of commissioner.

§454M-8 Powers of commissioner.
In addition to any other acts or conditions provided by law, the commissioner may:
(1) Adopt, amend, or repeal rules, issue declaratory rulings or informal nonbinding interpretations, and investigate and act upon written consumer complaints;
(2) Grant, deny, forfeit, renew, reinstate, or restore the license of any mortgage servicer;
(3) Revoke, suspend, or otherwise limit the license of any mortgage servicer for any violation of the provisions in this chapter, or any rule or order of, or agreement with the commissioner;
(4) Issue orders to cease and desist and enter into consent orders;
(5) 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;
(6) Investigate and conduct hearings regarding any violation of this chapter, or any rule or order of or agreement with the commissioner; and
(7) Do any and all things necessary or incidental to the exercise of the commissioner's power and duties, including the authority to conduct contested case proceedings under chapter 91. [L 2009, c 106, pt of §1; am L 2013, c 92, §5; am L 2019, c 75, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 454M. Mortgage Servicers › 454M-8.3 Confidentiality.

§454M-8.3 Confidentiality.
(a) Except as otherwise provided in Public Law 110-289, section 1512, the requirements under any federal or state law regarding the privacy or confidentiality of any information or material provided to NMLS, and any privilege arising under federal or state law, including the rules of any federal or state court, with respect to the information or material shall continue to apply to the information or material after the information or material has been disclosed to NMLS. The information and material may be shared with all state and federal regulatory officials with mortgage servicer industry oversight authority without the loss of privilege or the loss of confidentiality protections provided by federal or state law.
(b) For these purposes, the commissioner is authorized to enter into agreements or sharing arrangements with other governmental agencies, the Conference of State Bank Supervisors, the American Association of Residential Mortgage Regulators, or other associations representing governmental agencies as established by rule or order of the commissioner.
(c) Information or material that is subject to a privilege or confidentiality under subsection (a) shall not be subject to:
(1) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of the federal government or a state; or
(2) Subpoena or discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by NMLS applicable to the information or material; provided that the person to whom the information or material pertains waives, in whole or in part, in the discretion of such person, that privilege.
(d) Notwithstanding chapter 92F, the examination process and related information and documents, including the reports of examination, are confidential and are not subject to discovery or disclosure in civil or criminal lawsuits.
(e) Notwithstanding any law to the contrary, the disclosure of confidential supervisory information or any information or material described in subsection (a) that is inconsistent with subsection (a) shall be superseded by the requirements of this section.
(f) This section shall not apply to information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, mortgage servicers that are included in NMLS for access by the public. [L 2016, c 122, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 454M. Mortgage Servicers › 454M-8.7 Enforcement authorities.

§454M-8.7 Enforcement authorities.
(a) If the commissioner has reason to believe that a person has violated or is violating section 454M-2, the commissioner may issue orders or directives under this chapter as follows:
(1) Order or direct persons subject to this chapter to cease and desist from conducting business, including immediate temporary orders to cease and desist;
(2) Order or direct persons subject to this chapter to cease any harmful activities or violations of this chapter, including immediate temporary orders to cease and desist;
(3) Enter immediate temporary orders to cease doing business under a license issued pursuant to the authority granted under this chapter if the commissioner determines that the license was erroneously granted or the licensee or any person subject to this chapter is currently in violation of this chapter; or
(4) Order or direct any other affirmative action as the commissioner deems necessary.
(b) An order to cease and desist becomes effective upon service of the order upon the person.
(c) An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to chapter 91.
(d) The commissioner shall commence an administrative proceeding within twenty days after issuing an order to cease and desist. [L 2019, c 75, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 454M. Mortgage Servicers › 454M-9 Private right of action.

§454M-9 Private right of action.
Nothing in this chapter shall be construed to preclude any individual or entity that suffers loss as a result of a violation of this chapter from maintaining a civil action to recover damages and, as provided by statute, attorney's fees. [L 2009, c 106, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 454M. Mortgage Servicers › 454M-10 Penalty.

§454M-10 Penalty.
Any person who violates any provision of this chapter, rule adopted or order issued pursuant to this chapter, or agreement with the commissioner may be subject to an administrative fine of not more than $7,000 for each violation; provided that if the aggregate fine amount exceeds $7,000, $1,000 of the aggregate fine amount shall be deposited into the mortgage foreclosure dispute resolution special fund established pursuant to section 667-86. [L 2009, c 106, pt of §1; am L 2011, c 48, §11; am L 2012, c 182, §5; am L 2016, c 122, §26; am L 2019, c 75, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 454M. Mortgage Servicers › 454M-11 Compliance resolution fund.

§454M-11 Compliance resolution fund.
Any law to the contrary notwithstanding, fees and fines collected by the commissioner shall be deposited into the compliance resolution fund established pursuant to section 26-9(o). [L 2009, c 106, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 454M. Mortgage Servicers › 454M-12 Change in control of a licensee; fees.

§454M-12 Change in control of a licensee; fees.
(a) A licensee shall submit to the commissioner an application requesting approval of a proposed change of control of the licensee, accompanied by a nonrefundable application fee of $500, payable to the division.
(b) The commissioner shall approve an application requesting approval of a proposed change of control under subsection (a) if, after investigation, the commissioner determines that:
(1) The person or group of persons who will obtain control will be in compliance with this chapter upon approval of the application;
(2) The person or group of persons who will obtain control has the competence, experience, character, and general fitness to control the licensee or person in control of the licensee in a lawful and proper manner; and
(3) The interests of the public will not be jeopardized by the change of control. [L 2017, c 46, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 454M. Mortgage Servicers › 454M-13 Presumption of control.

§454M-13
Presumption of control.
An individual is presumed to control an entity if that individual is:
(1) An executive officer of the entity; or
(2) A director, general partner, or managing member who directly or indirectly has the right to vote ten per cent or more of a class of voting securities of the entity or has the power to sell or direct the sale of ten per cent or more of a class of voting securities of the entity. [L 2017, c 46, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 455. Naturopathic Medicine › 455-1.5 Exceptions; scope of chapter.

§455-1.5 Exceptions; scope of chapter.
Nothing in this chapter shall be construed to prohibit or restrict:
(1) The practice of a profession by individuals who are licensed, certified, or registered under the laws of this State who are performing services within their authorized scope of practice;
(2) The practice of naturopathic medicine by an individual employed by the government of the United States while the individual is engaged in the performance of duties required of the individual by the laws and regulations of the United States;
(3) The practice of naturopathic medicine by students enrolled in a school that meets the requirements of section 455-3. The performance of naturopathic medicine by students shall be pursuant to a course of instruction or assignments from an instructor and under the supervision of an instructor who is a naturopathic physician licensed pursuant to this chapter; and
(4) The practice by a doctor of naturopathic medicine duly registered or licensed in another state, territory, or the District of Columbia who is called into this State for consultation with a licensed naturopathic physician, including in-person, mail, electronic, telephonic, fiber-optic, or other telehealth consultation; provided that:
(A) The naturopathic physician from another state shall not open an office, appoint a place to meet patients, or receive calls within this State for the provision of care for a patient who is located in this State; and
(B) The licensed naturopathic physician of this State retains control and remains responsible for the provision of care for the patient who is located in this State. [L Sp 2009, c 22, pt of §1; am L 2014, c 159, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 455. Naturopathic Medicine › 455-2 Licensing application and requirements; fees.

§455-2 Licensing application and requirements; fees.
(a) Any person desiring to practice naturopathic medicine shall be licensed under this chapter. To obtain a license under this chapter, a person shall submit a completed application prescribed by the board; provide the information required under this chapter, rules of the board, and other applicable laws and rules; and pay a nonrefundable application fee and other fees provided in rules adopted by the department in accordance with chapter 91.
(b) To qualify for licensure, an applicant shall have met the education, examination, and other requirements prescribed by this chapter, the rules of the board, and other applicable laws and rules. [L 1925, c 77, pt of §1; RL 1935, §1301; am L 1937, c 221, §1; RL 1945, §2652; RL 1955, §66-2; am L 1957, c 316, §6; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; HRS §455-2; am L 1969, c 106, §1; am L 1982, c 204, §8; am L 1984, c 7, §38; am L 1986, c 76, §6; am L 1987, c 281, §2(2); am L 2002, c 14, §1; am L Sp 2009, c 22, §4]
Cross References
Professional testing services, see §26-9.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 455. Naturopathic Medicine › 455-3 Education requirements.

§455-3 Education requirements.
Each applicant shall be a graduate of a school, university, or college of naturopathic medicine that has received candidacy status with, or has been accredited by, a regional or a national accrediting body recognized by the United States Department of Education; provided that any applicant who graduated from a college of naturopathic medicine prior to 1987 shall be deemed qualified if the college was approved by the board prior to 1987 and has been accredited by a regional or national accrediting body recognized by the United States Department of Education. [L 1925, c 77, pt of §1; RL 1935, §1302; am L 1935, c 221, §2; RL 1945, §2653; am L 1949, c 214, §1; RL 1955, §66-3; HRS §455-3; am L 1985, c 66, §1; am L 1986, c 76, §7; am L 1987, c 281, §2(3); am L 1991, c 38, §1; am L 1994, c 29, §1; am L 2002, c 14, §2; am L Sp 2009, c 22, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 455. Naturopathic Medicine › 455-4 State board of naturopathic medicine.

§455-4 State board of naturopathic medicine.
The governor shall appoint the board of naturopathic medicine, consisting of five members. Each member shall serve until the member's successor is appointed and qualified. Three members of the board, before appointment, shall have been licensed as a naturopathic physician in the State and two shall be public members. The members of the board may elect a chairperson and a vice-chairperson who shall each serve one year or until a successor is elected. [L 1937, c 221, §3; RL 1945, §2654; RL 1955, §66-4; am L Sp 1959 2d, c 1, §5; HRS §455-4; am L 1978, c 208, §6; gen ch 1985; am L 1986, c 76, §8; am L 1992, c 9, §1 and c 202, §103; am L Sp 2009, c 22, §6]
Cross References
Departmental administration, see § §26-9 and 26-35.
Attorney General Opinions
This statute is constitutional, with regard to the use of the phrase "appointed and qualified" to describe when a successor's appointment terminates a holdover member's position. Att. Gen. Op. 16-3.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 455. Naturopathic Medicine › 455-6 Powers and authority of the board.

§455-6 Powers and authority of the board.
In addition to any other powers and duties authorized by law, the board may:
(1) Adopt and use a seal to be affixed to all official acts of the board;
(2) Adopt, amend, or repeal rules in accordance with chapter 91 to carry out the purposes of this chapter; provided that all rules shall be approved by the governor
and the director of commerce and consumer affairs; and provided further that the rules:
(A) May forbid acts or practices deemed by the board to be detrimental to the accomplishment of the purpose of this chapter;
(B) Shall establish standards of practice, care, and ethics; and
(C) Shall establish the education and training requirements for parenteral therapy and the standards to administer parenteral therapy, and establish examination standards and require the passage of an examination on minor office procedures, which standards and requirements shall take effect after December 31, 2009;
(3) Develop standards for licensure;
(4) Issue, renew, suspend, and revoke licenses and fine licensees;
(5) Investigate and conduct hearings regarding any violation of this chapter and any rules of the board;
(6) Maintain a record of its proceedings;
(7) Annually establish and publish a naturopathic formulary that has been approved by the board for prescription, administration, or dispensing by naturopathic physicians; and
(8) Do all things necessary to carry out the functions, powers, and duties set forth in this chapter. [L 1949, c 214, §2; RL 1955, §66-6; am L Sp 1959 2d, c 1, §19; HRS §455-6; am L 1969, c 106, §2; am L 1974, c 205, §2(16); am L 1978, c 162, §2; am L 1986, c 76, §10; am L 1987, c 281, §2(4); am L 1992, c 202, §104; am L Sp 2009, c 22, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 455. Naturopathic Medicine › 455-7 Examination requirements.

§455-7 Examination requirements.
(a) The board shall specify the examination for licensure in its rules.
(b) The board shall contract with a professional testing agency to prepare, administer, and grade each part of the examination for licensure. Each applicant shall pass the examination that has been developed, validated, and tested for reliability by a professional testing agency selected by the board. The board shall provide in its rules the passing scores for each part of the examination.
(c) To be eligible to take the examination for licensure, an applicant shall have met the education requirements specified in section 455-3.
(d) An applicant may apply to take the examination for licensure and pay any required examination fees directly to the professional testing agency.
(e) The board shall set forth the requirements and limitations for reexamination, if any, in its rules. [L 1937, c 221, §5; RL 1945, §2656; RL 1955, §66-7; am L Sp 1959 2d, c 1, §19; HRS §455-7; am L 1969, c 106, §3; am L 1978, c 162, §3; am L 1985, c 66, §2; gen ch 1985; am L 1986, c 76, §11; am L 1987, c 281, §2(5); am L 1989, c 84, §1; am L 2002, c 14, §3]
Cross References
Disposal of examination papers, see §94-5.
Professional testing services, see §26-9.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 455. Naturopathic Medicine › 455-8.4 Public health emergency; temporary and limited license for licensed out-of-state naturopathic physicians.

§455-8.4 Public health emergency; temporary and limited license for licensed out-of-state naturopathic physicians.
(a) If a public health emergency or disaster condition is declared by the governor, the board shall allow naturopathic physicians licensed in another state to provide temporary and limited naturopathic medicine in Hawaii under special provisions during the period of the declared public health emergency or disaster condition, subject to limitations and conditions as the governor and the board may prescribe.
(b) A limited and temporary license issued pursuant to this section shall be valid only for the period of the declared public health emergency or disaster condition.
(c) Out-of-state naturopathic physicians shall submit to the board the following information:
(1) Verification of a valid, permanent, current, and unrestricted license to practice naturopathic medicine in another state which is not the subject of a pending investigation by a state medical board, or another state or federal agency; and
(2) A valid United States passport or state-issued driver's license for photo identification. [L Sp 2009, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 455. Naturopathic Medicine › 455-9 Penalty.

§455-9 Penalty.
Any person except a licensed naturopathic physician who practices, attempts to practice, or advertises the practice of naturopathic medicine, or any person who buys, sells, or fraudulently obtains any diploma or license to practice naturopathic medicine whether recorded or not, or any person who uses the title "natureopath", "naturopath", "doctor of naturopathy", "doctor of naturopathic medicine", "naturopathic healthcare", "naturopathic physician", "naturopathic medicine", "naturopathy", "naturopathic doctor", or "N.D.", or any word or title to induce the belief that the person is engaged in the practice of naturopathic medicine without complying with this chapter, or any person who violates this chapter, 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 department on behalf of the State. [L 1925, c 77, pt of §1; RL 1935, §1304; RL 1945, §2658; RL 1955, §66-9; HRS §455-9; am L 1978, c 162, §5; gen ch 1985; am L 1986, c 76, §13; am L 1989, c 85, §1; am L Sp 2009, c 22, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 455. Naturopathic Medicine › 455-10 Remedies or penalties cumulative.

§455-10 Remedies or penalties cumulative.
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 76, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 455. Naturopathic Medicine › 455-11 Discipline; grounds; proceedings; hearings.

§455-11 Discipline; grounds; proceedings; hearings.
(a) In addition to any other actions authorized by law, the board shall have the power to deny, revoke, suspend, or refuse to renew any license to practice naturopathic medicine applied for or issued by the board in accordance with this chapter, and to fine or otherwise discipline a licensee for any cause authorized by law, including but not limited to the following:
(1) Failing to meet or maintain the conditions and requirements necessary to qualify for the issuance of a license;
(2) Procuring, or aiding or abetting in procuring, an abortion that is unlawful under the laws of this State or that would be unlawful under the laws of this State if performed within this State;
(3) Employing any person to solicit patients;
(4) Obtaining a fee on the assurance that a manifestly incurable disease can be permanently cured;
(5) Betraying a patient's confidence;
(6) Making any untruthful and improbable statement in advertising one's naturopathic practice or business;
(7) False, fraudulent, or deceptive advertising;
(8) Being habituated to the excessive use of drugs or alcohol; or being addicted to, dependent on, or a habitual user of a narcotic, barbiturate, amphetamine, hallucinogen, or other drug having similar effects;
(9) Practicing naturopathic medicine while the ability to practice is impaired by alcohol, drug, physical disability, or mental instability;
(10) Procuring a license through fraud, misrepresentation, or deceit or knowingly permitting an unlicensed person to perform activities requiring a license;
(11) Professional misconduct or gross carelessness or manifest incapacity in the practice of naturopathic medicine;
(12) Conduct or practice contrary to recognized standard of ethics of the naturopathic profession;
(13) Using medical service or treatment that is inappropriate or unnecessary;
(14) Submitting to or filing with the board any notice, statement, or other document required under this chapter that is false or untrue or contains any material misstatement of fact, including any false certification of compliance with the continuing education requirement specified under section 455-8;
(15) Failure to report to the board any disciplinary action taken against the licensee in another jurisdiction within thirty days after the disciplinary action becomes final;
(16) Using the title "physician" without clearly identifying oneself as being a naturopathic physician;
(17) Prescribing, administering, and dispensing naturopathic formulary that are not included in the formulary established by the board under section 455-6; and
(18) Violation of any provision of this chapter or rules adopted under this chapter.
(b) Any fine imposed by the board after a hearing in accordance with chapter 91 shall be no less than $500 and no more than $10,000 for each violation. [L 1986, c 76, §2; am L 1992, c 202, §105; am L Sp 2009, c 22, §10; am L 2014, c 222, §3; am L 2023, c 2, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-1 Commission; renewal.

§456-1 Commission; renewal.
(a) The attorney general may, in the attorney general's discretion, commission the number of notaries public for the State that the attorney general deems necessary for the public good and convenience. The term of commission of a notary public shall be four years from the date of the notary public's commission, unless sooner removed by the attorney general for cause after the opportunity for hearing; provided that after the opportunity for hearing, the commission of a notary public may be revoked or the notary public may be otherwise disciplined by the attorney general in any case where any change occurs in the notary public's commission, occupation, residence, or employment that, in the attorney general's judgment, renders the holding of the commission by the notary public no longer necessary for the public good and convenience. Each notary public shall, upon any change in the notary public's commission, occupation, residence, or employment, forthwith report the change to the attorney general.
(b) Each notary public shall be responsible for renewing the notary public's commission on a timely basis and satisfying the renewal requirements provided by law. The failure to renew a commission in a timely manner shall cause the commission to be forfeited; provided that a forfeited commission may be restored by the attorney general within one year after the date of forfeiture upon compliance with the commission renewal requirements provided by law and upon written application and payment of all applicable fees. [CC 1859, §1266; am L 1887, c 11, §1; RL 1925, §3174; am L 1929, c 3, §1; RL 1935, §5200; am L 1941, c 322, §1; am L 1943, c 173, pt of §1; RL 1945, §7661; am L 1953, c 30, §1; RL 1955, §168-1; am L 1959, c 4, §1; HRS §456-1; am L 1978, c 122, §1; gen ch 1985; am L 1998, c 290, §2; am L 2020, c 54, §3]
Cross References
Hearings, see chapter 91.
Legislators not disqualified, see Const. Art. III, §8.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-1.5 Powers and duties of the attorney general.

§456-1.5 Powers and duties of the attorney general.
In addition to any other powers and duties authorized by law, the attorney general shall have all powers necessary or convenient to effectuate the purposes of this chapter, including, without limitation, the following powers:
(1) Issue notary public commissions to applicants pursuant to this chapter;
(2) Adopt, amend, or repeal rules pursuant to chapter 91;
(3) Suspend or revoke any commission for any cause prescribed by this chapter or for any violation of the rules adopted pursuant to this chapter, and refuse to issue any commission for any cause that would be grounds for suspension or revocation of a commission; and
(4) Impose administrative fines for any cause prescribed by this chapter or for any violation of the rules adopted pursuant to this chapter. [L 2008, c 175, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-2 Qualifications; oath.

§456-2 Qualifications; oath.
Every person commissioned as a notary public shall, at the time of the person's commission, be a resident of the State, possess the other qualifications required of a notary public and be at least eighteen years of age. Every person, prior to being commissioned as a notary public, shall take and subscribe an oath for the faithful discharge of the person's duties, which oath shall be filed in the department of the attorney general. [CC 1859, §1267; RL 1925, §3175; RL 1935, §5201; am L 1941, c 322, §2; am L 1943, c 173, pt of §1; RL 1945, §7662; RL 1955, §168-2; am L 1965, c 248, §1; HRS §456-2; am L 1972, c 2, §22; am L 1976, c 146, §1; am L 1978, c 122, §2; gen ch 1985; am L 2020, c 54, §5]
Law Journals and Reviews
For discussion of residence qualification, see The New Resident: Hawaii's Second-Class Citizen. 5 HBJ 77 (1968).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-3 Seal.

§456-3 Seal.
Every notary public shall constantly keep a rubber stamp notary seal which shall clearly show, when stamped or impressed upon a tangible document or when attached to or logically associated with an electronic document, only the notary public's name, the notary public's commission number, and the words, "notary public" and "State of Hawaii". The notary seal shall be capable of being copied together with the document to which it is stamped, impressed, or attached, or with which it is logically associated. The notary public shall authenticate all the notary public's official acts, attestations, certificates, and instruments therewith, and shall always add to an official signature the typed or printed name of the notary public and a statement showing the date that the notary public's commission expires. Upon resignation, death, expiration of term of commission without renewal, or revocation or abandonment of commission, the notary public, or in the case of the death of the notary public, the notary public's personal representative, shall immediately deliver the notary public's seal to the attorney general who shall deface or destroy the same. If a notary public has used an electronic stamping device, upon resignation, death, expiration of term of commission without renewal, or revocation or abandonment of commission, the notary public, or in the case of the death of the notary public, the notary public's personal representative, shall disable the electronic stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable and shall submit a declaration to the attorney general that the electronic stamping device was disabled and indicate the date and manner in which the device was disabled. [CC 1859, §1268; RL 1925, §3176; RL 1935, §5202; am L 1941, c 322, §3; RL 1945, §7663; RL 1955, §168-3; HRS §456-3; am L 1976, c 200, pt of §1; am L 1978, c 122, §3; am L 1984, c 127, §1; gen ch 1985; am L 1986, c 327, §1; am L 1998, c 290, §3; am L 2013, c 29, §1; am L 2020, c 54, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-4 Filing copy of commission; authentication of acts.

§456-4 Filing copy of commission; authentication of acts.
(a) Each person commissioned as a notary public under this chapter shall forthwith file a literal or photostatic copy of the person's commission, an impression of the person's tangible seal, and a specimen of the person's official signature with the clerk of the circuit court of the circuit in which the notary public resides. Each person commissioned as a notary public under this chapter may also, at the person's option, file the above-named documents with the clerk of any other circuit court. Thereafter any clerk, when requested, shall certify to the official character and acts of any such notary public whose commission, impression of tangible seal, and specimen of official signature are so filed in the clerk's office. A notary public's electronic seal shall not be subject to the requirements of this section.
(b) All documents filed under this section may be maintained in tangible or electronic format. [L 1941, c 322, pt of §4; RL 1945, §7664; RL 1955, §168-4; HRS §456-4; am L 1978, c 122, §4; am L 1982, c 45, §1; gen ch 1985; am L 2020, c 54, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-5 Official bond.

§456-5 Official bond.
Each notary public forthwith and before entering upon the duties of the notary public's commission shall execute, at the notary public's own expense, an official surety bond which shall be in the sum of $1,000. Each bond shall be approved by a judge of the circuit court.
The obligee of each bond, or bond continuation certificate, shall be the State and the condition contained therein shall be that the notary public will well, truly, and faithfully perform all the duties of the notary public's commission which are then or may thereafter be required, prescribed, or defined by law or by any rule made under the express or implied authority of any statute, and all duties and acts undertaken, assumed, or performed by the notary public by virtue or color of the notary public's commission. The surety on each bond, or bond continuation certificate, shall be a surety company authorized to do business in the State. After approval, the bond or bond continuation certificate shall be deposited and kept on file in the office of the clerk of the circuit court of the judicial circuit in which the notary public resides. The clerk shall keep a book to be called the "bond record", in which the clerk shall record data relating to each of the bonds or bond continuation certificates deposited and filed in the clerk's office as the attorney general may direct. [L 1941, c 322, pt of §4; RL 1945, §7665; am L 1955, c 104, §2; RL 1955, §168-5; HRS §456-5; am L 1978, c 122, §5; gen ch 1985; am L 1998, c 290, §4; am L 2020, c 54, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-6 Liabilities; limitations on; official bond.

§456-6 Liabilities; limitations on; official bond.
(a) In the performance of a notarial act, a notary public's liability shall be limited to a failure by the notary public to perform properly the actions required for the jurat, acknowledgment, or other notarial acts. The notary public's liability shall not be based on statements in a notarized document apart from the notarial certificate.
(b) For the official misconduct or neglect of a notary public or breach of any of the conditions of the notary public's official bond, the notary public and the surety on the notary public's official bond shall be liable to the party injured thereby for all the damages sustained. The party shall have a right of action in the party's name upon the bond and may prosecute the action to final judgment and execution. [L 1941, c 322, pt of §4; RL 1945, §7666; RL 1955, §168-6; HRS §456-6; gen ch 1985; am L 1996, c 18, §1; am L 2020, c 54, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-7 Unauthorized practice as a notary public.

§456-7 Unauthorized practice as a notary public.
(a) A person commits the offense of unauthorized practice as a notary public if the person knowingly engages in or offers to engage in any duties of a notary public without first complying with all of the following:
(1) Being commissioned as a notary public by the attorney general;
(2) Filing a copy of the person's commission, an impression of the person's seal, and a specimen of the person's official signature with the clerk of the circuit court of the circuit in which the person resides; and
(3) Executing an official surety bond pursuant to section 456-5.
(b) Any person who violates this section shall be guilty of a misdemeanor and shall be sentenced in accordance with chapter 706.
(c) Nothing in this section shall be construed to restrict or to do away with any liability for civil damages. [L 1941, c 322, pt of §4; RL 1945, §7667; RL 1955, §168-7; HRS §456-7; gen ch 1985; am L 2008, c 175, §4; am L 2020, c 54, §10]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-8 Rules.

§456-8 Rules.
The attorney general, subject to chapter 91, may prescribe such rules as the attorney general deems advisable concerning the administration of this chapter, the commission and duties of notaries public, and any measures as may be necessary to prevent the fraudulent use of a notarized document after placement of the notary public's seal. The rules shall have the force and effect of law. [L 1941, c 322, pt of §4; RL 1945, §7668; RL 1955, §168-8; am L 1965, c 96, §110; HRS §456-8; gen ch 1985; am L 1998, c 290, §5; am L 2008, c 175, §5; am L 2020, c 54, §11]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-9 Fees and administrative fines.

§456-9 Fees and administrative fines.
(a) The attorney general shall charge and collect the following fees for:
(1) Issuing the original commission, $40;
(2) Renewing the commission, $40; and
(3) Electronic processing service fees of up to ten per cent of the amount of the transaction.
These fees may be adjusted, and any other fees may be established and adjusted, by adopting rules pursuant to chapter 91.
(b) The court fees for filing a copy of a commission and for each certificate of authentication shall be specified by the supreme court.
(c) The attorney general may impose and collect the following administrative fines for a notary public's failure to:
(1) Maintain an official seal of a single rubber stamp notary seal, on which shall be inscribed the name of the notary public, the commission number of the notary public, and the words "notary public" and "State of Hawaii" only, $20;
(2) Surrender the notary public's physical stamping device and certificate to the attorney general within ninety days of resignation, revocation of commission, or the expiration of a term without renewal, $200;
(3) Disable the notary public's electronic stamping device within ninety days of resignation, revocation of commission, or the expiration of a term without renewal, $200;
(4) Authenticate every acknowledgment or jurat with a certificate that shall be signed and dated by the notary public, include the printed name and official stamp or seal of the notary public, and identify the jurisdiction in which the notarial act is performed, $500;
(5) Chronicle all of the notary public's notarial acts as prescribed by section 456-15 and applicable rules, $200; and
(6) Notify the attorney general within ten days after loss, misplacement, or theft of the notary public's stamping device or any journal, inform the appropriate law enforcement agency in the case of theft, and deliver a copy of the law enforcement agency's report of the theft to the attorney general, $20.
(d) The moneys collected by the attorney general pursuant to this section shall be deposited into the notaries public special fund established by section 456-9.5, except that if that fund is terminated, the moneys shall thereafter be deposited with the director of finance to the credit of the general fund.
(e) All unpaid fees, fines, and forfeitures shall constitute a debt due and owing to the State. [L 1941, c 322, pt of §4; RL 1945, §7669; am L 1953, c 30, §2; am L 1955, c 172, §1; RL 1955, §168-9; am L 1959, c 265, §17; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §456-9; am L 1976, c 146, §2; am L 1998, c 290, §6; am L 2008, c 175, §6; am L 2013, c 29, §2; am L 2020, c 54, §12; am L Sp 2021, c 9, §54]
Cross References
Modification of fees, see §92-28.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-9.5 Notaries public special fund.

§456-9.5 Notaries public special fund.
(a) There is established in the state treasury the notaries public special fund into which shall be deposited:
(1) All fees, administrative fines, charges, or other payments received pursuant to section 456-9;
(2) Penalties and fines for violations of section 456-3 or 456-7;
(3) Appropriations made for deposit into the notaries public special fund; and
(4) Interest earned on money in the notaries public special fund.
(b) The notaries public special fund shall be administered by the department of the attorney general. Notwithstanding any law to the contrary, moneys in the notaries public special fund shall be used for personnel costs, the acquisition of equipment, and operating and administrative costs deemed necessary by the department of the attorney general to administer this chapter. The moneys in the fund may also be used to train personnel as the attorney general deems necessary, and for any other activity related to notaries public.
[L 1998, c 290, §1; am L 2008, c 175, §7; am L 2020, c 54, §13; am L Sp 2021, c 9, §55]
Note
Transfer of certain interest earnings to general fund until June 30, 2015. L 2009, c 79, §30(a)(37).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-10 Duties, by mercantile usage.

§456-10 Duties, by mercantile usage.
It shall be a notary public's duty, when requested, to enter on record all losses or damages sustained or apprehended, by sea or land, and also all averages, and such other matters as, by mercantile usage, appertain to the notary's office, and cause protest thereof to be made, duly and formally. [CC 1859, §1269; RL 1925, §3177; RL 1935, §5203; RL 1945, §7670; RL 1955, §168-10; HRS §456-10; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-11 Protests; negotiable paper.

§456-11 Protests; negotiable paper.
All facts, extracts from documents, and circumstances, so noted, shall be signed and sworn to by all the persons appearing to protest. The notary public shall note, extend, and record the protest so made; and shall grant authenticated copies thereof, under the notary's signature and notarial seal, to those who request and pay for the same. The notary shall also, in behalf of any person interested, present any bill of exchange, or other negotiable paper, for acceptance or payment to any party on whom the same is drawn or who may be liable therefor; and notify all indorsers or other parties to such bill or paper. The notary may, in general, do all the acts to be done by notaries public by the usages of merchants, or which are authorized by the laws of the State. [CC 1859, §1270; RL 1925, §3178; RL 1935, §5204; RL 1945, §7671; RL 1955, §168-11; HRS §456-11; gen ch 1985]
Case Notes
Sufficient protest. 9 H. 299 (1893).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-12 Protest, evidence of what.

§456-12 Protest, evidence of what.
The protest of any foreign or inland bill of exchange, or promissory note or order, duly certified by any notary public, under the notary's hand and official seal, shall be legal evidence of the facts stated in the protest, as to the same, and also as to the notice given to the drawer or indorser in any court of law. [CC 1859, §1271; RL 1925, §3179; RL 1935, §5205; RL 1945, §7672; RL 1955, §168-12; HRS §456-12; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-13 May administer oath.

§456-13 May administer oath.
Every notary public may administer oaths in all cases in which oaths are by law authorized or required to be taken or administered, or in which the administering of an oath may be proper. All oaths administered before June 23, 1888, by notaries public are declared valid and binding. [L 1888, pt of c 6; RL 1925, §3180; RL 1935, §5206; RL 1945, §7673; RL 1955, §168-13; HRS §456-13]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 456. Notaries Public › 456-14 Authority to perform notarial act; notary public connected with a corporation or trust company.

§456-14 Authority to perform notarial act; notary public connected with a corporation or trust company.
(a) Except as otherwise provided in subsection (b):
(1) A notary public may perform a notarial act authorized by this chapter or by the laws of this State; and
(2) It shall be lawful for any notary public, although an officer, employee, shareholder, or director of a corporation or trust company to take the acknowledgment of any party to any written instrument executed to or by the corporation or trust company, or to administer an oath to any shareholder, director, officer, employee, or agent of the corporation or trust company, or to protest for nonacceptance or nonpayment of bills of exchange, drafts, checks, notes, and other negotiable instruments that may be owned or held for collection by the corporation or trust company.
(b) A notary public shall not perform a notarial act with respect to a document to which the notary public or the notary public's spouse or civil partner is a party or in which either of them has a direct beneficial interest. A notarial act performed in violation of this section is voidable.
(c) A notary public may certify that a tangible copy of an electronic document is an accurate copy of the electronic document. [L 1961, c 97, §1; Supp, §168-13.5; HRS §456-14; am L 2020, c 54, §14]