reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482E. Franchise Investment Law › 482E-10.5 Civil penalty.

§482E-10.5 Civil penalty.
(a) The director may bring an action to recover a civil penalty against any person who violates this chapter or who has knowingly violated a rule or order made pursuant to this chapter. A civil penalty of not more than $100,000 may be assessed.
(b) No civil action may be brought under this chapter later than five years subsequent to the date of the violation or two years subsequent to the discovery of facts constituting the violation, but in no event shall any civil action be brought later than seven years subsequent to the date of the violation. [L 1988, c 339, §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482E. Franchise Investment Law › 482E-11 Fees.

§482E-11 Fees.
The director shall charge and collect a fee of $250 at the time of the filing of the offering circular, a fee of $250 for the filing of any amended offering circular filed pursuant to section 482E-3(c), and an annual renewal fee of $250 to be collected pursuant to section 482E-3(d). [L 1974, c 18, pt of §1; am L 1978, c 242, §12; am L 1996, c 181, §9]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482E. Franchise Investment Law › 482E-12 Administration.

§482E-12 Administration.
(a) Chapter 91 shall wherever applicable govern the rights, remedies, and procedures respecting the administration of this chapter.
(b) The director shall appoint, subject to applicable civil service laws, a competent person to administer this chapter. The director shall delegate to the administrator such powers, subject to the authority of the director, as may be necessary to carry out the provisions of this chapter. [L 1974, c 18, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482P. Publicity Rights › 482P-2 Property right in use of name, voice, signature, or likeness.

§482P-2 Property right in use of name, voice, signature, or likeness.
Every individual or personality has a property right in the use of the individual's or personality's name, voice, signature, and likeness. The right shall be deemed to have existed before the enactment of this chapter, including at and after the time of death of any deceased individual or deceased personality, and shall continue to exist for a fixed period of time after death, as prescribed in section 482P-4. This right shall be freely transferable, assignable, and licensable, in whole or in part, by any otherwise permissible form of inter vivos or testamentary transfer, including without limitation a will or other testamentary instrument, trust, contract, community property agreement, or cotenancy with survivorship provisions or payable-on-death provisions, whether the will or other testamentary instrument, trust, contract, community property agreement, or cotenancy document is entered into or executed by the deceased individual or deceased personality or by any subsequent owner of the deceased individual's or deceased personality's rights as recognized by this chapter; or, if none is applicable, then the owner of the rights shall be determined under the laws of intestate succession applicable to interests in intangible personal property. The right exists regardless of whether it was commercially exploited by the individual or the personality during the individual's or the personality's lifetime. The right does not expire upon the death of the individual or personality, regardless of whether the law of the domicile, residence, or citizenship of the individual or personality at the time of death or otherwise recognizes a similar or identical property right. This chapter is intended to apply to all individuals and personalities, living and deceased, including those who died before the enactment of this chapter, regardless of place of domicile or place of domicile at time of death. In the case of a deceased individual or deceased personality, the rights recognized under this chapter shall be deemed to exist at the time of death of any deceased individual or deceased personality or subsequent successor of their rights for the purpose of determining the person or persons entitled to these property rights as provided for in section 482P-3. [L Sp 2009, c 28, pt of §2; am L 2021, c 37, §3]
Note
The 2021 amendment is retroactive to July 15, 2009. L 2021, c 37, §5.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482P. Publicity Rights › 482P-3 Transfer, assignment, and license.

§482P-3 Transfer, assignment, and license.
(a) A right recognized by this chapter shall be freely transferable, assignable, and licensable, in whole or in part, by contract or inter vivos transfer. This right shall not expire upon the death of the individual or personality, but shall be owned and enforceable by the following successors, heirs, or other transferees of living or deceased individuals or personalities:
(1) Except where a right recognized by this chapter was transferred or assigned before the deceased personality's death by means of any contract or trust instrument, a right recognized by this section shall be owned by the person entitled to the right under the deceased individual's or personality's last will and testament or, if none, then by the beneficiaries or heirs under the laws of intestate succession applicable to interests in intangible personal property generally of the individual's or personality's domicile, regardless of whether the law of the domicile of the deceased individual or personality, at the time of death, or thereafter, recognizes a similar or identical property right; or
(2) If the deceased individual or personality transferred or assigned any interest in a right recognized by this chapter during the individual's or personality's life by means of any contract or trust instrument, then the interest so transferred or assigned shall be held as follows:
(A) If the transferred or assigned interest was held in trust, in accordance with the terms of the trust;
(B) If the transferred or assigned interest is subject to a cotenancy with any survivorship provisions or payable-on-death provisions, in accordance with those provisions;
(C) If the transferred or assigned interest is subject to any contract, including without limitation an exclusive license, assignment, or a community property agreement, in accordance with the terms of the applicable contract or contracts; or
(D) If the interest has been transferred or assigned to a third person in a form that is not addressed in this section, by the individual or personality, or the successor, heir, or other valid transferee of the living or deceased individual or personality, then the interest may be transferred, assigned, or licensed by that third person, in whole or in part, by any otherwise permissible form of inter vivos or testamentary transfer or, if none is applicable, under the laws of intestate succession applicable to interests in intangible personal property of the third person's domicile, regardless of whether the law of the domicile of the deceased third party, at the time of death, or thereafter, recognizes a similar or identical property right.
(b) A property right exists whether or not those rights were commercially exploited by or under the authority of the individual or the personality, or the individual's or personality's successors or transferees, during the individual's or the personality's lifetime. [L Sp 2009, c 28, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482P. Publicity Rights › 482P-4 Right is exclusive for individuals and personalities.

§482P-4 Right is exclusive for individuals and personalities.
(a) For individuals, except to the extent that the individual may have transferred, assigned, or licensed a right recognized by this chapter, the rights protected in this chapter are exclusive to the individual, and are exclusive to the persons entitled to the rights under section 482P-3 for a period of seventy years after the death of the individual, including to the extent that the persons entitled to the rights under section 482P-3 may have transferred, assigned, or licensed these rights to others.
(b) For personalities, except to the extent that the personality may have transferred, assigned, or licensed a right recognized by this chapter, the rights protected in this chapter are exclusive to the personality, and are exclusive to the persons entitled to the rights under section 482P-3 for a period of seventy years after the death of the personality, including to the extent that the persons entitled to the rights under section 482P-3 may have transferred, assigned, or licensed the rights to others.
(c) The rights granted in this chapter may be exercised by a personal representative, attorney-in-fact, parent of a minor child, or guardian, or as authorized by a court of competent jurisdiction. The terms "personal representative", "attorney-in-fact", and "guardian" shall have the same meanings as in chapter 560. [L Sp 2009, c 28, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482P. Publicity Rights › 482P-4.5 Recording, issuance, and effect of certificate.

§482P-4.5 Recording, issuance, and effect of certificate.
(a) Any person desiring to register a publicity rights name may obtain a certificate of registration of the publicity rights name as provided in this section. The director shall have the power reasonably necessary to perform the duties required of the director under this section, and to administer the section efficiently.
(b) To receive a certificate of registration of a publicity rights name, a person shall file in the office of the director an application for registration. The application for registration shall include a publicity rights name that consists of the assigning individual or personality's full legal name. The application for registration form shall include other information as prescribed by the director.
(c) Upon filing the application form, the applicant shall pay to the director a fee of $50. A special handling fee of $20 for expediting registration of a publicity rights name shall be assessed by the director. All fees and special handling fees shall be credited to the compliance resolution fund established under section 26-9(o).
(d) Upon receiving the application form accompanied by the fee, the director shall cause the publicity rights name to be recorded and shall issue a certificate of registration to the applicant.
(e) The term of registration of a publicity rights name shall be five years beginning from the date of registration. The registration may be renewed for additional five-year periods by filing a renewal application within six months prior to the expiration of each current term and complying with the renewal requirements prescribed by the director.
(f) If a document delivered to the director for filing satisfies the requirements of this section, the director shall file it.
(g) The director shall file a document by stamping or otherwise endorsing the document, including the date and time of receipt.
(h) If the director refuses to file a document, the director shall return it to the applicant or the applicant's representative together with a brief, written statement of the reason for the director's refusal.
(i) The director's duty to file documents under this section is ministerial. The director's filing or refusing to file a document shall not:
(1) Affect the validity or invalidity of the document in whole or in part;
(2) Relate to the correctness or incorrectness of information contained in the document; or
(3) Create a presumption that the document is valid or invalid, or that information contained in the document is correct or incorrect.
Disputes between applicants with respect to a registered publicity rights name shall be determined by a court of competent jurisdiction. [L 2010, c 62, §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482P. Publicity Rights › 482P-5 Infringement of right; use without consent; profit or not for profit.

§482P-5 Infringement of right; use without consent; profit or not for profit.
Except as provided in section 482P-7, any person who uses or authorizes the use of a living or deceased individual's or personality's name, voice, signature, or likeness, on or in goods, merchandise, or services entered into commerce in this State, or for purposes of advertising products, merchandise, goods, or services, or for purposes of fund-raising or solicitation of donations, or if any person disseminates or publishes advertisements in this State that contain a living or deceased individual's or personality's name, voice, signature, or likeness, without express or implied consent of the owner of the right, has infringed a publicity right under this chapter. An infringement may occur under this section without regard to whether the use or activity is for profit or not for profit. [L Sp 2009, c 28, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 483. Uniform Joint Obligations Act › 483-1 Definitions; limitations of law.

§483-1 Definitions; limitations of law.
In this chapter, unless otherwise expressly stated:
"Obligation" does not include a liability in tort.
"Obligee" does not include a person having a right based on a tort.
"Obligor" does not include a person liable for a tort.
"Several obligors" means obligors severally bound for the same performance. [L 1941, c 60, §1; RL 1945, §8741; RL 1955, §192-1; HRS §483-1; am L 2008, c 19, §48]
Case Notes
Where case involved the joint and several debt of defendants under an agreement of sale and did not involve joint tortfeasors, trial court erred in ruling that this chapter was not applicable to defendants' joint and several obligation to plaintiff. 89 H. 461 (App.), 974 P.2d 1051.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 483. Uniform Joint Obligations Act › 483-2 Co-obligor not discharged when.

§483-2 Co-obligor not discharged when.
A judgment against one or more of several obligors, or against one or more of joint, or of joint and several obligors shall not discharge a co-obligor who was not a party to the proceeding wherein the judgment was rendered. [L 1941, c 60, §2; RL 1945, §8742; RL 1955, §192-2; HRS §483-2]
Case Notes
Based on the facts and issues raised in plaintiff €™s complaint, the nature of the grievance and the relief sought, where the essential character of the underlying action was one of equitable contribution under this section and was not an action in the nature of assumpsit under §607-14, the circuit court abused its discretion in awarding attorney €™s fees and costs to defendants under §607-14. 128 H. 366 (App.), 289 P.3d 1002 (2012).
Cited: 42 H. 111, 115.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 483. Uniform Joint Obligations Act › 483-3 Crediting of payments made to obligee.

§483-3 Crediting of payments made to obligee.
The amount or value of any consideration received by the obligee from one or more of several obligors, or from one or more of joint, or of joint and several obligors, in whole or in partial satisfaction of their obligations, shall be credited to the extent of the amount received on the obligations of all co-obligors to whom the obligor or obligors giving the consideration did not stand in the relation of a surety. [L 1941, c 60, §3; RL 1945, §8743; RL 1955, §192-3; HRS §483-3]
Case Notes
Under this section, when an obligee has received full satisfaction of a debt from a co-obligor, all other co-obligors are discharged, even if the obligee did not intend to release the other co-obligors. 89 H. 461 (App.), 974 P.2d 1051.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 483. Uniform Joint Obligations Act › 483-4 Effect of obligee's release to one or more.

§483-4 Effect of obligee's release to one or more.
Subject to section 483-3, the obligee's release or discharge of one or more of several obligors, or of one or more of joint, or of joint and several obligors shall not discharge co-obligors, against whom the obligee in writing and as part of the same transaction as the release or discharge, expressly reserves the obligee's rights; and in the absence of such a reservation of rights shall discharge co-obligors only to the extent provided in section 483-5. [L 1941, c 60, §4; RL 1945, §8744; RL 1955, §192-4; HRS §483-4; gen ch 1985]
Case Notes
Where there was no reservation of rights in purchase agreement option by obligee against one co-obligor and no relationship between the co-obligors as joint debtors requiring payment, indemnification or contribution, §483-5 did not apply; thus, as there was no reservation of rights in purchase option by obligee against one co-obligor, as required under this section, the purchase option which discharged that co-obligor from liability for the balance due under the agreement of sale discharged the other co-obligor as well. 89 H. 461 (App.), 974 P.2d 1051.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 483. Uniform Joint Obligations Act › 483-5 Effect of knowledge of obligee in making release.

§483-5 Effect of knowledge of obligee in making release.
If an obligee releasing or discharging an obligor without express reservation of rights against a co-obligor, then knows or has reason to know that the obligor released or discharged did not pay so much of the claim as the obligor was bound by the obligor's contract or relation with that co-obligor to pay, the obligee's claim against that co-obligor shall be satisfied to the amount which the obligee knew or had reason to know that the released or discharged obligor was bound to such co-obligor to pay.
If an obligee so releasing or discharging an obligor has not then such knowledge or reason to know, the obligee's claim against the co-obligor shall be satisfied to the extent of the lesser of two amounts, namely (1) the amount of the fractional share of the obligor released or discharged, or (2) the amount that such obligor was bound by the obligor's contract or relation with the co-obligor to pay. [L 1941, c 60, §5; RL 1945, §8745; RL 1955, §192-5; HRS §483-5; gen ch 1985]
Case Notes
Where there was no reservation of rights in purchase agreement option by obligee against one co-obligor and no relationship between the co-obligors as joint debtors requiring payment, indemnification or contribution, this section did not apply; thus, as there was no reservation of rights in purchase option by obligee against one co-obligor, as required under §483-4, the purchase option which discharged that co-obligor from liability for the balance due under the agreement of sale discharged the other co-obligor as well. 89 H. 461 (App.), 974 P.2d 1051.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 483. Uniform Joint Obligations Act › 483-6 Executor or administrator of joint obligor bound.

§483-6 Executor or administrator of joint obligor bound.
On the death of a joint obligor in contract, the joint obligor's personal representative shall be bound as such jointly with the surviving obligor or obligors. [L 1941, c 60, §6; RL 1945, §8746; RL 1955, §192-6; HRS §483-6; am L 1976, c 200, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 484. Uniform Land Sales Practices Act › 484-2 Administration.

§484-2 Administration.
This chapter shall be administered by the director of commerce and consumer affairs. [L 1967, c 223, §2; HRS §484-2; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 2008, c 19, §50]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 484. Uniform Land Sales Practices Act › 484-4 Prohibitions on dispositions of interests in subdivisions.

§484-4 Prohibitions on dispositions of interests in subdivisions.
Unless the subdivided lands or the transaction is exempt by section 484-3:
(1) No person may offer or dispose of any interest in subdivided lands located in this State, or offer or dispose in this State of any interest in subdivided lands located without this State before a preliminary or final order registering the subdivided land is entered in accordance with this chapter;
(2) No person may dispose of any interest in subdivided lands unless a current public offering statement is delivered to the purchaser and the purchaser is afforded a reasonable opportunity to examine the public offering statement prior to the disposition. [L 1967, c 223, §4; HRS §484-4; am L 1983, c 175, §3; am L 1992, c 132, §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 484. Uniform Land Sales Practices Act › 484-7 Notice of filing; inquiry and examination.

§484-7 Notice of filing; inquiry and examination.
Upon receipt of a complete application for registration in proper form, including all standardized application forms, if any, prescribed by the director, the director shall issue a notice of filing to the applicant subject to section 484-20, and forthwith initiate an examination to determine that:
(1) The subdivider can convey or cause to be conveyed the interest in subdivided lands offered for disposition if the purchaser complies with the terms of the offer, and when appropriate, that release clauses, conveyances in trust, or other safeguards have been provided;
(2) There is reasonable assurance that all proposed improvements will be completed as represented;
(3) The advertising material and the general promotional plan are not false or misleading and comply with the standards prescribed by the rules adopted by the director and afford full and fair disclosure;
(4) The subdivider has not, or if a corporation, its officers, directors, and principals have not, been convicted of a crime involving land dispositions or any aspect of the land sales business in this State, [the] United States, or any other state or foreign country within the past ten years and has not been subject to any injunction or administrative order within the past ten years restraining a false or misleading promotional plan involving land dispositions;
(5) The public offering statement requirements of this chapter and the rules have been satisfied;
(6) The purchaser has a seven-day period, after signing a contract to purchase subdivided lands from the subdivider, to rescind the contract at no penalty to the purchaser, and the subdivider has established a mechanism by which the purchaser will receive and sign a receipt for a written notice of such rescission right and the receipt will be deposited with the escrow agent; and
(7) Preliminary or final subdivision approval has been granted by the county in which the land is situated. [L 1967, c 223, §7; HRS §484-7; am L 1983, c 175, §6; am L 1992, c 132, §6]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 484. Uniform Land Sales Practices Act › 484-8 Orders of registration and rejection; general provisions.

§484-8 Orders of registration and rejection; general provisions.
(a) Within forty-five days from the date of the notice of filing, the director shall enter a preliminary or final order registering the subdivided lands or rejecting the registration.
Unless the applicant has consented in writing to a delay, the land shall be deemed registered if the director fails to enter an order of rejection within forty-five days from the date of the notice of filing.
(b) If, in the case of an application for a final order of registration, the director affirmatively determines, upon inquiry and examination, that the requirements of section 484-7 have been met, the director shall enter a final order registering the subdivided lands and shall designate the form of the public offering statement.
(c) If the director determines upon inquiry and examination that, in the case of an application for a final order of registration, any of the requirements of section 484-7, have not been met, the director shall notify the applicant that the application for a final order of registration must be corrected in the particulars specified within forty-five days. If the requirements are not met within the time allowed the director shall enter an order rejecting the registration, which order shall include the findings of fact upon which the order is based. The order rejecting the registration shall not become effective for twenty days during which time the applicant may petition for reconsideration and shall be entitled to a hearing. [L 1967, c 223, §8; HRS §484-8; am L 1983, c 175, §7; am L 1992, c 132, §7]
Cross References
Hearings, see chapter 91.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 484. Uniform Land Sales Practices Act › 484-8.7 Copy of amended public offering statements to be given to prospective purchasers.

§484-8.7 Copy of amended public offering statements to be given to prospective purchasers.
If a subdivider enters into a reservation agreement with a prospective purchaser for the subdivision before the issuance of a final order, any sales contract later entered into by the subdivider and that prospective purchaser after the final order is issued shall not be binding on the purchaser until the requirements of section 484-8.6(b) have been met, and unless any amended public offering statement required by the director under section 484-8.6(d) is provided to the prospective purchaser before the purchaser signs the sales contract.
The requirements of section 484-8.6(b) shall apply as if the purchaser had signed the purchaser's sales contract before the final order was entered by the director; provided that the requirements of this section shall not apply if the director does not require under section 484-8.6(b) that an amended public offering statement be prepared in connection with the issuance of a final order. [L 1983, c 175, pt of §8; am L 1992, c 132, §10]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 484. Uniform Land Sales Practices Act › 484-8.8 Receipt for amended public offering statement.

§484-8.8 Receipt for amended public offering statement.
(a) Whenever the director requires pursuant to section 484-8.6(b) that an amended public offering statement be prepared by the subdivider, the subdivider shall obtain a receipt therefor from each purchaser or prospective purchaser who signed a sales contract or reservation agreement to purchase subdivided lands before the issuance of the director's final order. If the amended public offering statement is delivered to the purchaser or prospective purchaser by certified or registered mail, return receipt requested, and the prospective purchaser does not execute and return the purchaser's receipt for the amended public offering statement within seven days from the date of delivery, the purchaser shall be deemed to have receipted for it; provided that the receipt shall be effective only if at the time of the delivery of the amended public offering statement the prospective purchaser is notified in writing of the fact that the purchaser will be deemed to have executed the receipt for it upon the purchaser's failure to act within the seven-day period.
(b) Receipts taken for any amended public offering statement shall be kept on file in possession of the subdivider, subject to inspection at any reasonable time by the director, for a period of three years from the date the receipt was taken. [L 1983, c 175, pt of §8; am L 1992, c 132, §11]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 484. Uniform Land Sales Practices Act › 484-9 Annual report.

§484-9 Annual report.
(a) Within thirty days after each annual anniversary date of an order registering subdivided lands, the subdivider shall file a report in the form prescribed by the rules of the director of commerce and consumer affairs. The report shall reflect any material changes in information contained in the original application for registration.
(b) The director at the director's option may permit the filing of annual reports within thirty days after the anniversary date of the consolidated registration in lieu of the anniversary date of the original registration. [L 1967, c 223, §9; HRS §484-9; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 484. Uniform Land Sales Practices Act › 484-11 Investigations and proceedings.

§484-11 Investigations and proceedings.
(a) The director of commerce and consumer affairs may:
(1) Make necessary public or private investigations within or outside of this State to determine whether any person has violated or is about to violate this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder;
(2) Require or permit any person to file a statement in writing, under oath or otherwise as the director determines, as to all the facts and circumstances concerning the matter to be investigated.
(b) For the purpose of any investigation or proceeding under this chapter, the director or any officer designated by rule may administer oaths or affirmations, and upon its own motion or upon request of any party shall subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence.
(c) Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the director may apply to the circuit court for an order compelling compliance.
(d) Except as otherwise provided in this chapter, all proceedings under this chapter shall be in accordance with chapter 91. [L 1967, c 223, §11; HRS §484-11; am L 1982, c 204, §8; am L 1983, c 124, §17]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 484. Uniform Land Sales Practices Act › 484-12 Cease and desist orders.

§484-12 Cease and desist orders.
(a) If the director determines after notice and hearing that a person has:
(1) Violated this chapter;
(2) Directly or through an agent or employee knowingly engaged in any false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of an interest in subdivided lands;
(3) Made any substantial change in the plan of disposition and development of the subdivided lands subsequent to the order of registration without obtaining prior written approval from the director;
(4) Disposed of any subdivided lands which have not been registered with the director or are exempted under this chapter;
(5) Violated any lawful order or rule of the director;
the director may issue an order requiring the person to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the director will carry out the purposes of this chapter.
(b) If the director makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order the director may issue a temporary cease and desist order. Prior to issuing the temporary cease and desist order, the director whenever possible by telephone or otherwise shall give notice of the proposal to issue a temporary cease and desist order to the person. Every temporary cease and desist order shall include in its terms a provision that upon request a hearing will be held promptly to determine whether or not it becomes permanent. [L 1967, c 223, §12; HRS §484-12; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985; am L 1992, c 132, §14]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 484. Uniform Land Sales Practices Act › 484-13 Revocation.

§484-13 Revocation.
(a) A registration may be revoked by the director after notice and hearing upon a written finding of fact that the subdivider has:
(1) Failed to comply with the terms of a cease and desist order;
(2) Been convicted in any court subsequent to the filing of the application for registration for a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions;
(3) Disposed of, concealed, or diverted any funds or assets of any person so as to defeat the rights of subdivision purchasers;
(4) Failed faithfully to perform any stipulation or agreement made with the director as an inducement to grant any registration, to reinstate any registration, or to approve any promotional plan or public offering statement;
(5) Made intentional misrepresentations or concealed material facts in an application for registration or in the public offering statement.
Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.
(b) If the director finds after notice and hearing that the subdivider has been guilty of a violation for which revocation could be ordered, the director may issue a cease and desist order instead. [L 1967, c 223, §13; HRS §484-13; am L 1983, c 175, §10; am L 1992, c 132, §15]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 484. Uniform Land Sales Practices Act › 484-15 Penalties.

§484-15 Penalties.
Any person who wilfully violates this chapter or a rule adopted under it or any person who wilfully, in an application for registration or exemption makes any untrue statement of a material fact or omits to state a material fact is guilty of a felony and may be fined not less than $5,000 or double the amount of gain from the transaction, whichever is the larger but not more than $250,000; or may be imprisoned for not more than two years, or both. [L 1967, c 223, §15; HRS §484-15; am L 1983, c 175, §11; am L 1984, c 266, §1]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-610(2), 640, 660.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 484. Uniform Land Sales Practices Act › 484-17 Jurisdiction.

§484-17 Jurisdiction.
Dispositions of subdivided lands are subject to this chapter, and the circuit courts of this State have jurisdiction in claims or causes of action arising under this chapter, if:
(1) The subdivided lands offered for disposition are located in this State; or
(2) The subdivider's principal office is located in this State; or
(3) Any offer or disposition of subdivided lands is made in this State, whether or not the offeror or offeree is then present in this State, if the offer originates within this State or is directed by the offeror to a person or place in this State and received by the person or at the place to which it is directed. [L 1967, c 223, §17; HRS §484-17]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 484. Uniform Land Sales Practices Act › 484-18 Interstate rendition.

§484-18 Interstate rendition.
In the proceedings for extradition of a person charged with a crime under this chapter, it need not be shown that the person whose surrender is demanded has fled from justice or at the time of the commission of the crime was in the demanding or other state. [L 1967, c 223, §18; HRS §484-18]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 484. Uniform Land Sales Practices Act › 484-19 Service of process.

§484-19 Service of process.
(a) In addition to the methods of service provided for in the Hawaii rules of civil procedure, service may be made by delivering a copy of the process to the office of the director of commerce and consumer affairs, but it is not effective unless the plaintiff (which may be the director in a proceeding instituted by it):
(1) Forthwith sends a copy of the process and of the pleading by certified mail to the defendant or respondent at the defendant's or respondent's last known address; and
(2) The plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any or within such further time as the court allows.
(b) If any person, including any nonresident of this State, engages in conduct prohibited by this chapter or any rule or order hereunder, and has not filed a consent to service of process and personal jurisdiction over the person cannot otherwise be obtained in this State, that conduct authorizes the director to receive service of process in any noncriminal proceeding against the person or the person's successor which grows out of that conduct and which is brought under this chapter or any rule or order hereunder, with the same force and validity as if served on the person personally. Notice shall be given as provided in subsection (a). [L 1967, c 223, §19; HRS §484-19; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985]
Rules of Court
Service of process, see HRCP rule 4.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 484. Uniform Land Sales Practices Act › 484-20 Fees and inspection expenses.

§484-20 Fees and inspection expenses.
(a) Notices of filing pursuant to section 484-8 shall not be issued until the applicant has paid to the director the proper registration or consultant fees, and has advanced the inspection expenses set forth in subsection (b). Neither the registration or consultant fees, nor the advanced inspection expenses shall be refunded regardless of whether the application for registration is rejected or approved; provided that the director may return any unused inspection expenses moneys advanced under this section. The registration fee shall be based upon the number of lots, parcels, units, or interests to be registered at the following rates:
(1) Up to 100 lots................................. $100
(2) 101 to 500 lots................................ $200
(3) Over 500....................................... $300.
(b) In addition to the registration and consultant fees, the applicant shall deposit with the director sufficient sums to cover inspection expenses established by rules adopted in accordance with chapter 91.
(c) The director may waive the requirement for inspection.
(d) The director, from time to time, may raise the registration fee, consultant fees, and inspection expenses under this section by rules adopted in accordance with chapter 91. [L 1967, c 223, §20; HRS §484-20; am L 1972, c 79, §1; am L 1983, c 175, §13; am L 1992, c 132, §18]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 484. Uniform Land Sales Practices Act › 484-21 Uniformity of interpretation.

§484-21 Uniformity of interpretation.
This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. [L 1967, c 223, §21; HRS §484-21]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-103 References to federal statutes.

§485A-103 References to federal statutes.
"Securities Act of 1933" (15 U.S.C. 77a et seq.), "Securities Exchange Act of 1934" (15 U.S.C. 78a et seq.), "Public Utility Holding Company Act of 1935" (15 U.S.C. 79 et seq.), "Investment Company Act of 1940" (15 U.S.C. 80a-1 et seq.), "Investment Advisers Act of 1940" (15 U.S.C. 80b-1 et seq.), "Employee Retirement Income Security Act of 1974" (29 U.S.C. 1001 et seq.), "National Housing Act" (12 U.S.C. 1701 et seq.), "Commodity Exchange Act" (7 U.S.C. 1 et seq.), "Internal Revenue Code" (26 U.S.C. 1 et seq.), "Securities Investor Protection Act of 1970" (15 U.S.C. 78aaa et seq.), "Securities Litigation Uniform Standards Act of 1998" (112 Stat. 3227), "Small Business Investment Act of 1958" (15 U.S.C. 661 et seq.), "National Securities Markets Improvement Act of 1996" (Pub. L. No. 104-290, 110 Stat. 3416 (1996)), and "Electronic Signatures in Global and National Commerce Act" (15 U.S.C. 7001 et seq.) mean those statutes and the rules and regulations adopted under those statutes, as in effect on July 1, 2008, or as later amended. [L 2006, c 229, pt of §1]
Revision Note
"July 1, 2008" substituted for "the date of enactment of this chapter".
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-105 Electronic records and signatures.

§485A-105 Electronic records and signatures.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, but does not modify, limit, or supersede section 101(c) of that Act (15 U.S.C. 7001(c)) or authorize electronic delivery of any of the notices described in section 103(b) of that Act (15 U.S.C. 7003(b)). This chapter authorizes the filing of records and signatures, when specified by provisions of this chapter or by a rule adopted or order issued under this chapter, in a manner consistent with section 104(a) of that Act (15 U.S.C. 7004(a)). [L 2006, c 229, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-203 Additional exemptions and waivers.

§485A-203 Additional exemptions and waivers.
A rule adopted or order issued under this chapter may exempt a security, transaction, or offer; a rule under this chapter may exempt a class of securities, transactions, or offers from any or all of the requirements of sections 485A-301 to 485A-305 and 485A-504; and an order under this chapter may waive, in whole or in part, any or all of the conditions for an exemption or offer under sections 485A-201 and 485A-202. [L 2006, c 229, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-204 Denial, suspension, revocation, condition, or limitation of exemptions.

§485A-204 Denial, suspension, revocation, condition, or limitation of exemptions.
Except with respect to a federal covered security or a transaction involving a federal covered security, an order under this chapter may deny, suspend application of, condition, limit, or revoke an exemption created under section 485A-201(3)(C), 485A-201(7), 485A-201(8), or 485A-202, or an exemption or waiver created under section 485A-203 with respect to a specific security, transaction, or offer. An order under this section may be issued only pursuant to the procedures in section 485A-305(d) or 485A-604, and only prospectively. [L 2006, c 229, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-301 Securities registration requirement.

§485A-301 Securities registration requirement.
It is unlawful for a person to offer or sell a security in this State unless:
(1) The security is a federal covered security;
(2) The security, transaction, or offer is exempted from registration under sections 485A-201 to 485A-203; or
(3) The security is registered under this chapter. [L 2006, c 229, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-306 Waiver and modification.

§485A-306 Waiver and modification.
The commissioner, in the commissioner's sole discretion, may waive or modify, in whole or in part, any or all of the requirements of sections 485A-302 and 485A-303(b) or the requirement of any information or record in a registration statement or in a periodic report filed pursuant to section 485A-304(i). [L 2006, c 229, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-403 Investment adviser registration requirement and exemptions.

§485A-403 Investment adviser registration requirement and exemptions.
(a) It is unlawful for a person to transact business in this State as an investment adviser unless the person is registered under this chapter as an investment adviser or is exempt from registration as an investment adviser under subsection (b).
(b) The following persons are exempt from the registration requirement of subsection (a):
(1) A person without a place of business in this State that is registered under the securities act of the state in which the person has its principal place of business if its only clients in this State are:
(A) Federal covered investment advisers, investment advisers registered under this chapter, or broker-dealers registered under this chapter;
(B) Institutional investors;
(C) Bona fide preexisting clients whose principal places of residence are not in this State if the investment adviser is registered under the securities act of the state in which the clients maintain principal places of residence; or
(D) Any other client exempted by rule adopted or order issued under this chapter;
(2) A person without a place of business in this State if the person has had, during the preceding twelve months, not more than five clients that are residents of this State in addition to those specified under paragraph (1); or
(3) Any other person exempted by rule adopted or order issued under this chapter.
(c) It is unlawful for an investment adviser, directly or indirectly, to employ or associate with an individual to engage in an activity related to investment advice in this State if the registration of the individual is suspended or revoked or the individual is barred from employment or association with an investment adviser, federal covered investment adviser, or broker-dealer by an order under this chapter, the Securities and Exchange Commission, or a self-regulatory organization, unless the investment adviser did not know, and in the exercise of reasonable care could not have known, of the suspension, revocation, or bar. Upon request from the investment adviser and for good cause, the commissioner, by order, may waive, in whole or in part, the application of the prohibitions of this subsection to the investment adviser.
(d) It is unlawful for an investment adviser to employ or associate with an individual required to be registered under this chapter as an investment adviser representative who transacts business in this State on behalf of the investment adviser unless the individual is registered under section 485A-404(a) or is exempt from registration under section 485A-404(b). [L 2006, c 229, pt of §1]