reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-19 Jurisdiction of circuit court; procedure.

§437B-19 Jurisdiction of circuit court; procedure.
The circuit court of the judicial circuit in which any person carries on, or attempts to carry on, business as a motor vehicle repair dealer or acts or holds oneself out as a motor vehicle mechanic or motor vehicle mechanic apprentice in violation of this chapter, or any rule made pursuant to this chapter, shall on application of the board, issue an injunction or other appropriate order restraining such conduct.
The proceedings under this section shall be governed by the Hawaii rules of civil procedure, except that no undertaking shall be required, and the board shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury. [L 1975, c 143, pt of §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-20 License condition precedent to lien.

§437B-20 License condition precedent to lien.
No person required to be licensed under this chapter shall have the benefit of any lien for labor or materials or the right to sue on a contract for motor vehicle repairs done by the person unless the person was licensed at the time the person performed the contract. [L 1975, c 143, pt of §2; gen ch 1985; am L 1998, c 199, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-22 Failure to comply with chapter; misdemeanor.

§437B-22 Failure to comply with chapter; misdemeanor.
Any person who fails to comply with the provisions of this chapter is guilty of a misdemeanor. [L 1975, c 143, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-23 Certification program

§437B-23 Certification program
. (a) The board, at its sole discretion, may enter into written agreements with entities, educational institutions, and other organizations to develop and administer a certification program for motor vehicle mechanics that will provide education and training in order to ensure that the mechanics' knowledge, skills, and abilities are current with industry standards. The entities, educational institutions, and other organizations shall have the range of expertise, knowledge, and structure to provide instruction, information, guidance, and services to assist mechanics in obtaining necessary competencies to engage in motor vehicle repairs in order to protect consumers. Alternatively, the board may accept certificates from a national certification program approved by the board without the need to contract with the organization that administers the national certification program.
(b) The certification program shall provide for issuing a certificate to mechanics generally skilled in the repair of motor vehicles and to mechanics who specialize in certain areas of motor vehicle repair. An individual may be certified as being generally skilled in the repair of motor vehicles, specially skilled in one or more areas of motor vehicle repair, or both. Each area shall be separately tested and certified. The program shall provide for apprenticeship leading to certification as a mechanic. The program may be an apprenticeship program registered with the department of labor and industrial relations in accordance with applicable governing law. Nothing in this section or chapter shall prevent a student in a course leading to certification from repairing motor vehicles so long as the student is supervised by a mechanic who is licensed in accordance with this chapter.
(c) The certification test shall be approved by the board and, if written, shall be given orally at the request of the individual being tested. Each application for certification shall be accompanied by a nonrefundable examination fee as provided in rules adopted by the department pursuant to chapter 91.
(d) There shall be no limit on the number of times an individual may apply for certification; provided that an applicant who does not pass the examination shall wait at least thirty calendar days before being eligible to retake the test.
(e) All individuals who take and pass the certification test shall be awarded a certificate which shall be posted in a prominent place at the individual's place of business or employment and a patch which may be worn on clothing apparel. The entity, educational institution, or other organization who has entered into a written agreement with the board or been approved by the board pursuant to subsection (a) shall design and procure the certificate and patch. [L 1975, c 143, pt of §2; am L 1977, c 34, §3; am L 1984, c 7, §7; am L 1986, c 74, §3; am L 1988, c 128, §2; am L 1992, c 87, §9; am L 2014, c225, §2]
Cross References
Professional testing services, see §26-9.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-23.5 Apprentices and helpers.

§437B-23.5 Apprentices and helpers.
It shall be unlawful for any motor vehicle mechanic apprentice/trainee or motor vehicle mechanic helper to assist a motor vehicle repair dealer or motor vehicle mechanic unless the apprentice or helper works under the direct supervision of a licensed or certified motor vehicle repair dealer or motor vehicle mechanic. All motor vehicle mechanic apprentices/trainees and motor vehicle helpers shall be assigned to and shall be the responsibility of a licensed or certified motor vehicle mechanic, provided that each licensed or certified mechanic shall have assigned to the mechanic not more than a total of five apprentices/trainees or helpers. In the event that a motor vehicle mechanic, who is assigned one or more motor vehicle mechanic apprentices/trainees or motor vehicle helpers, is terminated from employment, the motor vehicle repair dealer shall have thirty days to replace the motor vehicle mechanic in order to reassign the apprentices/trainees or helpers. [L 1988, c 42, §1 and c 329, §2; am L 1989, c 205, §1; am L 1998, c 199, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-24 Certification required for mechanics prior to licensure.

§437B-24 Certification required for mechanics prior to licensure.
(a) Except as provided in subsection (b) below, every mechanic applying for [licensure] shall have passed the appropriate certification test provided for in this chapter.
(b) Notwithstanding any provision of this chapter, any person who has been engaged as a motor vehicle mechanic for a period of at least two years prior to January 1, 1976, and who has applied for [licensure] as a motor vehicle mechanic under this chapter on or before June 30, 1976, shall not be required to take the certification test prescribed in this chapter prior to [licensure]. [L 1975, c 143, pt of §2; am L 1998, c 199, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437B. Regulation of Motor Vehicle Repairs › 437B-26 Bond required to work on salvaged, wrecked, or dismantled motor vehicles; forfeiture.

§437B-26 Bond required to work on salvaged, wrecked, or dismantled motor vehicles; forfeiture.
(a) Any motor vehicle repair dealer desiring to engage in the business of restoring or rebuilding salvaged, wrecked, or dismantled vehicles shall submit to the board a performance bond, with corporate surety satisfactory to the board. The amount of the bond shall be not less than $25,000 and the condition of the bond shall be the satisfactory rebuilding or restoration of salvaged, wrecked, or dismantled vehicles.
(b) When the board finds that a licensee has wilfully departed from or disregarded accepted practices of workmanship with respect to work performed under section 437B-11(11), the board may, in accordance with chapter 91, order the forfeiture to the State of the performance bond submitted under subsection (a).
(c) Failure, refusal, or neglect to maintain in full force and effect a bond shall cause the automatic suspension of the license effective as of the date of expiration or cancellation of the bond. The license shall not be reinstated until a bond as required under this section is received by the board.
Failure to effect a reinstatement of a suspended license within sixty days of the suspension shall cause the license to be terminated, thereby forfeiting all license and biennial renewal fees.
A licensee may, within fifteen calendar days after receipt of notification of the license termination, request an administrative hearing pursuant to chapter 91 to review the termination. [L 1984, c 276, §2; am L 1986, c 150, §4; am L 1998, c 199, § §8, 11]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437D. Motor Vehicle Rental Industry › 437D-3 Definitions.

§437D-3 Definitions.
As used in this chapter:
"Advertisement" means any oral, written, graphic, or pictorial statement or representation, including those made through any electronic or print medium. "Advertisement" does not include telephonic communications.
"Damage waiver" means any contract or contractual provision, whether separate from or a part of a rental agreement, whereby the lessor agrees, for a charge, to waive any or all claims against the lessee for any damages to the rental motor vehicle during the term of the rental agreement.
"Director" means the director of commerce and consumer affairs.
"Lessee" means any person obtaining the use of a rental motor vehicle from a lessor for a period of six months or less under the terms of a rental agreement.
"Lessor" means any person in the business of providing rental motor vehicles to the public.
"Plain language" means language written or spoken in a clear and coherent manner using words with common and everyday meanings.
"Rental agreement" means any written agreement setting forth the terms and conditions governing the use of the rental motor vehicle by the lessee.
"Rental cost" means the daily or periodic rate charged for the use of the rental motor vehicle, but does not include optional or refueling charges.
"Rental motor vehicle" or "vehicle" means a motor vehicle as defined in section 286-2, which is rented or leased or offered for rent or lease in this State, whether for personal or commercial use, for a period of six months or less.
"Vehicle license recovery fees" includes motor vehicle weight taxes under section 249-2; fees connected with the registration of specially constructed, reconstructed, or rebuilt vehicles, special interest vehicles, or imported vehicles as referenced in section 286-41(c); license plate and emblem fees under section 249-7(b); inspection fees as referenced in section 286-26; highway beautification fees as referenced in section 286-51(b)(1); and any use tax under chapter 238. [L 1988, c 251, pt of §2; am L 2009, c 148, §1; am L 2017, c 137, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437D. Motor Vehicle Rental Industry › 437D-4 Rental agreements; delivery to director.

§437D-4 Rental agreements; delivery to director.
No lessor shall offer a rental agreement or damage waiver unless a specimen of the rental agreement or damage waiver is delivered to the director prior to its use. [L 1988, c 251, pt of §2; am L 2009, c 148, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437D. Motor Vehicle Rental Industry › 437D-5 Rental agreements; damage waivers.

§437D-5 Rental agreements; damage waivers.
(a) Each rental agreement that contains a damage waiver shall disclose, at a minimum, in plain language and in at least ten-point boldface type, the following information:
(1) That the damage waiver is optional;
(2) That the damage waiver entails an additional charge;
(3) The actual charge per day for the damage waiver;
(4) All restrictions, conditions, and provisions in or endorsed on the damage waiver;
(5) That the lessee may already be sufficiently covered and should examine the lessee's personal automobile insurance policy to determine whether it provides coverage for damage and the amount of the deductible;
(6) That by entering into the rental agreement, the lessee may be liable for damage to the rental motor vehicle; and
(7) The acknowledgment described in section 437D-11.
(b) The rental agreement shall not contain an unreasonable restriction, condition, or provision in or endorsed on a damage waiver. The damage waiver shall not exclude damages caused by ordinary negligence on the part of the lessee. [L 1988, c 251, pt of §2; am L 2009, c 148, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437D. Motor Vehicle Rental Industry › 437D-5.5 Offers or sales of collision insurance by lessors or limited line motor vehicle rental company producers. (a) The provisions in this chapter relating to or otherwise regulating the offer or sale of damage waivers shall apply to the offer or sale of collision insurance by lessors or limited line motor vehicle rental company producers. (b) For purposes of this chapter, collision insurance means coverage to pay a specified amount to or on behalf of the lessee for claims by the lessor relating to loss of or damage to the rented vehicle. The definitions of collision insurance and damage waiver stated in this chapter shall apply only to this chapter. No definition of insurance in this chapter or in any other statute shall be deemed to include damage waiver as defined in this chapter. [L 2002, c 235, §2; am L 2009, c 148, §4]

§437D-5.5
Offers or sales of collision insurance by lessors or limited line motor vehicle rental company producers.
(a) The provisions in this chapter relating to or otherwise regulating the offer or sale of damage waivers shall apply to the offer or sale of collision insurance by lessors or limited line motor vehicle rental company producers.
(b) For purposes of this chapter, collision insurance means coverage to pay a specified amount to or on behalf of the lessee for claims by the lessor relating to loss of or damage to the rented vehicle. The definitions of collision insurance and damage waiver stated in this chapter shall apply only to this chapter. No definition of insurance in this chapter or in any other statute shall be deemed to include damage waiver as defined in this chapter. [L 2002, c 235, §2; am L 2009, c 148, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437D. Motor Vehicle Rental Industry › 437D-6 Additional mandatory charges prohibited.

§437D-6
Additional mandatory charges prohibited.
The daily and periodic rental cost to the lessee shall include the amount of each charge which is required as a condition to the rental other than those charges provided for in section 437D-8.4. The lessor shall disclose as part of any quotations of price, including all quotations contained in advertising or by telephone, all payments a lessee must make in order to rent the vehicle, including all charges provided for in section 437D-8.4. [L 1988, c 251, pt of §2; am L 1997, c 140, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437D. Motor Vehicle Rental Industry › 437D-7 Rate disclosure requirements; advertising.

§437D-7 Rate disclosure requirements; advertising.
(a) Each lessor, and each officer, employee, agency, or other representative of the lessor, who states or permits to be stated the rental cost of a rental motor vehicle in any advertisement, shall state conspicuously, in plain language and in conjunction with the advertised rental cost of the vehicle, the daily rate of the applicable damage waiver, and that the rate constitutes an additional daily charge to the lessee.
(b) When a written advertisement, including all print media, contains the statement of the rental cost of a vehicle, the disclosure required by this section shall be printed in type no less than one-third the size of the type used to print the rental cost, or twelve-point type, whichever is larger. When the video presentation of a television advertisement contains the statement of the rental cost of a vehicle, the depiction of the disclosure required by this section shall be no less than one-third the size of the depiction of the rental cost. When a radio advertisement or the audio presentation of a television advertisement contains the statement of the rental cost of the vehicle, the oral statement of the rental cost shall be immediately accompanied by an oral statement of the disclosure required by this section.
(c) Except as set forth in this section, the statement of the rental cost and the disclosure shall be equally prominent in all respects. [L 1988, c 251, pt of §2; am L 2009, c 148, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437D. Motor Vehicle Rental Industry › 437D-8 Rate disclosure requirements; oral or written statements.

§437D-8 Rate disclosure requirements; oral or written statements.
Each lessor, and each officer, employee, agent, or other representative of the lessor, who makes any oral statement, excluding telephonic communications, or written statement of the rental cost of a vehicle, shall disclose, in plain language and in conjunction with that statement, the daily rate of the applicable damage waiver and that the rate constitutes an additional daily charge to the lessee. [L 1988, c 251, pt of §2; am L 2009, c 148, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437D. Motor Vehicle Rental Industry › 437D-8.5 Commissions. (a) No lessor or officer, employee, agent, or other representative of the lessor shall pay or receive a commission for selling damage waivers, except as provided in subsection (b). Any violation of this section shall be an unfair or deceptive act or practice as provided in section 480-2. (b) As used in this section: "Commission for selling damage waivers" includes any compensation, bonus, award, or remuneration that corresponds directly to the amount of sales of damage waivers. "Commission for selling damage waivers" does not include any compensation, bonus, award, or remuneration to an employee that corresponds to the overall gross receipts of a sales location, where sales of damage waivers are one of many factors contributing to overall gross receipts. "Sales location" means any location at which the employee worked or had oversight responsibility during the applicable compensation period. [L 1990, c 209, pt of §1; am L 1991, c 227, §1; am L 2003, c 155, §2; am L 2009, c 148, §7]

§437D-8.5
Commissions.
(a) No lessor or officer, employee, agent, or other representative of the lessor shall pay or receive a commission for selling damage waivers, except as provided in subsection (b). Any violation of this section shall be an unfair or deceptive act or practice as provided in section 480-2.
(b) As used in this section:
"Commission for selling damage waivers" includes any compensation, bonus, award, or remuneration that corresponds directly to the amount of sales of damage waivers. "Commission for selling damage waivers" does not include any compensation, bonus, award, or remuneration to an employee that corresponds to the overall gross receipts of a sales location, where sales of damage waivers are one of many factors contributing to overall gross receipts.
"Sales location" means any location at which the employee worked or had oversight responsibility during the applicable compensation period. [L 1990, c 209, pt of §1; am L 1991, c 227, §1; am L 2003, c 155, §2; am L 2009, c 148, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437D. Motor Vehicle Rental Industry › 437D-8.6 Damage waiver statistics.

§437D-8.6 Damage waiver statistics.
Lessors shall maintain records of the sale of damage waivers in a given year and amounts expended to repair damage to rental vehicles caused while the vehicles are subject to the damage waiver. Lessors shall maintain all records reflecting these statistics for a period of three years and shall make the records available to the department of commerce and consumer affairs upon request. Neither the director, nor any other employee of the department of commerce and consumer affairs, nor any other person appointed by the director as provided by law, shall release or divulge any of the information or data required by this section, except as may be required or allowed by rules adopted pursuant to section 437D-18. [L 1990, c 209, pt of §1; am L 1991, c 227, §2; am L 2009, c 148, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437D. Motor Vehicle Rental Industry › 437D-9 Posting requirements.

§437D-9 Posting requirements.
Except as provided in section 437D-17, each lessor who offers the damage waiver shall conspicuously display at the rental area of each rental location a notice, in plain language and printing, that includes all of the information in section 437D-5(a)(1), (2), (5), and (6), and a statement that restrictions or conditions apply. [L 1988, c 251, pt of §2; am L 2009, c 148, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437D. Motor Vehicle Rental Industry › 437D-10 Pamphleting requirements.

§437D-10 Pamphleting requirements.
Before the execution of a rental agreement, each lessor who offers a damage waiver option to a lessee shall provide to the lessee a pamphlet, written in plain language, that includes all of the information described in section 437D-5(a)(1) through (6). The requirements of this section shall be deemed to be satisfied if the lessor places the pamphlets prominently and conspicuously on the rental desk, countertop, or in a wall holder, where the pamphlets may be easily seen and reached by lessees and potential lessees. [L 1988, c 251, pt of §2; am L 2009, c 148, §10]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437D. Motor Vehicle Rental Industry › 437D-11 Acknowledgment by lessee.

§437D-11 Acknowledgment by lessee.
No lessor shall rent a motor vehicle to a lessee until the lessee has acknowledged that the lessee understands the information described in section 437D-5(a)(1), (2), (3), (5), and (6), and that restrictions or conditions apply. The acknowledgment shall be written in plain language on the rental agreement and signed by the lessee. [L 1988, c 251, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437D. Motor Vehicle Rental Industry › 437D-12 Deposit or advance charge prohibited; payment for damages to rental motor vehicle.

§437D-12 Deposit or advance charge prohibited; payment for damages to rental motor vehicle.
No lessor shall require a deposit or an advance charge against the credit card of a lessee, in any form, for damages to a vehicle which is in the lessee's possession, custody, or control. No lessor shall require any payment for damages to the rental vehicle, upon the lessee's return of the vehicle in a damaged condition, until after the cost of the damage to the vehicle and liability therefor is agreed to between the lessor and lessee or is determined pursuant to law. [L 1988, c 251, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437D. Motor Vehicle Rental Industry › 437D-13 Notice and posting required concerning motor vehicle laws.

§437D-13 Notice and posting required concerning motor vehicle laws.
Every lessor shall display at all times a sign or signs in a conspicuous place in the main rental area of all rental locations, written in plain language and in no less than ten-point type, that informs the lessee of:
(1) Hawaii's seat belt and child passenger restraint laws and the prohibition against operating a vehicle under the influence of an intoxicant and leaving a child unattended in a motor vehicle; and
(2) The existence and location of additional information concerning the laws relating to seat belts, child passenger restraints, operating a vehicle under the influence of an intoxicant, and leaving a child unattended in a motor vehicle. [L 1988, c 251, pt of §2; am L 1990, c 154, §1; am L 2001, c 157, §33; am L 2008, c 170, §4; am L 2009, c 148, §11]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437D. Motor Vehicle Rental Industry › 437D-15 Unfair trade practices.

§437D-15 Unfair trade practices.
Each lessor, and each officer, employee, agent, and other representative thereof, is prohibited from engaging in any practice constituting a violation of chapter 480. The following shall be per se violations of section 480-2:
(1) The making of any material statement that has the tendency or capacity to mislead or deceive, either orally or in writing, in connection with the rental of, offer to rent, or advertisement to rent a vehicle;
(2) The omission of any material statement that has the tendency or capacity to mislead or deceive, in connection with the rental of, offer to rent, or advertisement to rent a vehicle;
(3) The making of any statement to the effect that the purchase of a damage waiver is mandatory;
(4) Any violation of sections 437D-5 through 437D-14, and section 437D-17.5;
(5) The charging by the lessor to a lessee of:
(A) More than the cost of the parts and labor necessary to repair a damaged vehicle in accordance with standard practice in the motor vehicle repair industry in the community, if the vehicle is repaired;
(B) More than the actual cash value of a vehicle if it is declared a total loss;
(C) More than the diminution in value of a vehicle if it is not repaired and not declared a total loss; or
(D) More than the cost of the parts and labor necessary to repair a damaged vehicle in accordance with standard practice in the motor vehicle repair industry in the community if the vehicle is not repaired and is not declared a total loss but is determined by the lessor to be no longer in rentable condition; provided that the vehicle shall not be rented or leased by the lessor to any other lessee after that determination has been made by the lessor.
To the extent the lessor obtains recovery from a third party, the lessor shall not recover any amount specified in this paragraph from the lessee;
(6) The making of any statement by the lessor to the effect that the lessee is or will be confined to remain within boundaries specified by the lessor unless payment or an agreement relating to the payment of damages has been made by the lessee;
(7) The charging of a lessee more than a reasonable estimate of the actual income lost for loss of use of a vehicle; and
(8) The charging of a lessee more than actual towing charges. [L 1988, c 251, pt of §2; am L 1994, c 44, §1; am L 2000, c 145, §1; am L 2009, c 148, §12]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437D. Motor Vehicle Rental Industry › 437D-16 Application of insurance laws.

§437D-16 Application of insurance laws.
None of the provisions of this chapter shall apply to the issuance of collision insurance underwritten by an insurer authorized to transact property and casualty business in this State; provided that the insurer is not a lessor as defined in this chapter or a limited line motor vehicle rental company producer as defined in [section] 431:9A-141. [L 1988, c 251, pt of §2; am L 2002, c 235, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437D. Motor Vehicle Rental Industry › 437D-17 Exceptions to posting requirements.

§437D-17 Exceptions to posting requirements.
The posting requirements of sections 437D-9 and 437D-13 shall not apply to a lessor who is a party to a commercial lease which prohibits all posting and which is in force on January 1, 1989. [L 1988, c 251, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437D. Motor Vehicle Rental Industry › 437D-17.5 Rental agreements; unpaid traffic infractions. Pursuant to section 291D-3.5, or other sections of the law and except for summons, citations, or violations relating to the care and maintenance of a rental motor vehicle, the lessor, as the registered owner of the rental motor vehicle, may be responsible for fines, costs, penalties, fees, or other charges related to traffic infractions of a motor vehicle while being leased or rented to a lessee. The lessor may adopt a policy of charging the lessee the actual amount paid for the traffic infractions to the court or other state government agency or county government plus an administrative fee not to exceed out-of-pocket expenses documented by receipts plus up to four hours of work multiplied by Hawaii's prevailing minimum wage relating to research of files and communications with the court, county government or governmental agencies and lessee; provided that every rental agreement of a lessor adopting the policy must disclose, at a minimum, in plain language and in at least ten-point bold typeface print: (1) The maximum estimated amount of the administrative fee to be charged; and (2) Language encouraging the lessee to pay directly to the court, county government or other appropriate government agency the applicable fines, costs, monetary assessments, penalties, fees, surcharges, or other charges. [L 1993, c 247, §1; am L 2007, c 85, §11]

§437D-17.5
Rental agreements; unpaid traffic infractions.
Pursuant to section 291D-3.5, or other sections of the law and except for summons, citations, or violations relating to the care and maintenance of a rental motor vehicle, the lessor, as the registered owner of the rental motor vehicle, may be responsible for fines, costs, penalties, fees, or other charges related to traffic infractions of a motor vehicle while being leased or rented to a lessee. The lessor may adopt a policy of charging the lessee the actual amount paid for the traffic infractions to the court or other state government agency or county government plus an administrative fee not to exceed out-of-pocket expenses documented by receipts plus up to four hours of work multiplied by Hawaii's prevailing minimum wage relating to research of files and communications with the court, county government or governmental agencies and lessee; provided that every rental agreement of a lessor adopting the policy must disclose, at a minimum, in plain language and in at least ten-point bold typeface print:
(1) The maximum estimated amount of the administrative fee to be charged; and
(2) Language encouraging the lessee to pay directly to the court, county government or other appropriate government agency the applicable fines, costs, monetary assessments, penalties, fees, surcharges, or other charges. [L 1993, c 247, §1; am L 2007, c 85, §11]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437D. Motor Vehicle Rental Industry › 437D-18 Power and duties of the director.

§437D-18 Power and duties of the director.
The director shall have the power and duty to
adopt, amend, and repeal rules in accordance with chapter 91 to carry out the purposes of this chapter and
to do all things necessary to carry out the functions, powers, and duties set forth in this chapter. [L 1988, c 251, pt of §2]
Note
Section on rulemaking enacted by L 1990, c 209 omitted as similar to this section.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437D. Motor Vehicle Rental Industry › 437D-19 Civil penalties.

§437D-19 Civil penalties.
Any person who violates or attempts to violate any provision of this chapter shall be deemed to have engaged in an unfair and deceptive act or practice in the conduct of trade or commerce within the meaning of section 480-2. [L 1988, c 251, pt of §2; am L 1996, c 59, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440. Boxing Contests › 440-1 Definitions.

§440-1 Definitions.
As used in this chapter:
"Amateur boxing contest" is one in which no contestant has boxed with or against a professional boxer or another amateur boxer for a money prize or purse, except as provided in this chapter.
"Boxing" means a contest in which the act of attack and defense is practiced with gloved fists by two contestants.
"Club" means a promoter, corporation, joint venture, partnership, limited liability corporation, limited liability partnership, or any other type of business entity that promotes, conducts, holds, or gives a boxing contest. The terms "club" and "promoter" are synonymous, and may be used interchangeably.
"Commission" means the state boxing commission.
"Contest" means match or exhibition.
"Director" means the director of commerce and consumer affairs.
"Executive officer" means the executive officer assigned to the commission.
"Manager" means any person who:
(1) Undertakes or has undertaken to represent in any way the interest of any professional boxer in procuring, arranging, or conducting any professional contest in which the boxer is to participate as a contestant; provided that "manager" shall not include an attorney licensed to practice in this State while the attorney is representing the legal interest of a professional boxer as a client; or
(2) Directs or controls the boxing activities of the professional boxer.
"Professional boxer" is one who: competes for a money prize or purse or other form of compensation; or teaches, pursues, or assists in the practice of boxing as a means of obtaining a livelihood or pecuniary gain.
"Professional boxing contest" or "boxing contest" is one in which a contestant boxes with or against another boxer for a money prize or purse or other form of compensation. [L 1929, c 216, §38; RL 1935, §6990; RL 1945, §7551; am L 1949, c 264, §1; RL 1955, §165-1; HRS §440-1; am L 1983, c 241, §1; am L 1986, c 135, §4; am L 2004, c 135, § §1, 2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440. Boxing Contests › 440-2 Commission established.

§440-2 Commission established.
There shall be a board which shall be known as the state boxing commission of Hawaii. The commission shall consist of five members. At least one of the members shall be a member of USA Boxing, Inc. One member shall be designated by the governor as chairperson of the commission. [L 1929, c 216, §1; RL 1935, §6991; am L 1937, c 213, §1; RL 1945, §7552; am L 1951, c 307, §2; RL 1955, §165-2; am L Sp 1959 2d, c 1, §5; HRS §440-2; am L 1983, c 241, §2; am L 1992, c 202, §46; am L 2004, c 135, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440. Boxing Contests › 440-5 Deputy commissioners.

§440-5 Deputy commissioners.
The director may appoint deputy commissioners; provided that the director has the approval of the commission prior to any appointment. The director may remove deputy commissioners after consultation with the commission. The commission may direct the deputy commissioner or deputy commissioners to be present at any boxing contest and, in the absence of the commission or a member thereof, to superintend and control the boxing contest, in accordance with this chapter and the rules adopted by the commission pursuant thereto. The deputy commissioners shall make a written report to the executive officer in the manner and form prescribed by the commission of the conditions prevailing at every contest. [L 1949, c 264, §2; am L 1953, c 165, §1; RL 1955, §165-5; am imp L 1963, c 21, §1 and c 114, §3; HRS §440-5; am L 1983, c 241, §3; am L 2004, c 135, §4]
Cross References
Director of commerce and consumer affairs, see §26-9.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440. Boxing Contests › 440-6 Rules.

§440-6 Rules.
The commission may adopt, amend, and repeal rules that it considers necessary or expedient for the conduct of its business and the regulation of the matters in this chapter committed to its charge. The rules when adopted pursuant to chapter 91 shall have the force and effect of law. [L 1929, c 216, § §5, 6; RL 1935, §6994; RL 1945, §7555; RL 1955, §165-6; am L Sp 1959 2d, c 1, § §6, 15; am L 1963, c 114, §3; am L 1965, c 96, §104; HRS §440-6; am L 1983, c 241, §4; am L 2004, c 135, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440. Boxing Contests › 440-7 Other employees.

§440-7 Other employees.
Subject to chapter 76, the department of commerce and consumer affairs may employ clerks, inspectors, and other employees as it deems necessary. [L 1929, c 216, § §7, 9; RL 1935, §6995; RL 1945, §7556; am L 1949, c 264, §3; am L 1951, c 307, §3; RL 1955, §165-7; am L 1967, c 85, §1; HRS §440-7; am L 1982, c 204, §8; am L 1983, c 241, §5; am L 1992, c 202, §47; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440. Boxing Contests › 440-8 Authority to subpoena witnesses, to administer oaths and penalties.

§440-8 Authority to subpoena witnesses, to administer oaths and penalties.
The chairperson or the executive officer may issue subpoenas for the attendance of witnesses before the commission, with the same effect as if the subpoenas were issued in an action in the circuit court, and may administer oaths in all matters connected with the administration of the affairs of the commission. Disobedience of a subpoena and false swearing before the executive officer or the commission shall be attended by the same consequences and be subject to the same penalties as if disobedience or false swearing occurred in an action in the circuit court. [L 1929, c 216, §8; RL 1935, §6996; RL 1945, §7557; am L 1951, c 307, §4; RL 1955, §165-8; HRS §440-8; am L 1983, c 241, §6; gen ch 1993; am L 2004, c 135, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440. Boxing Contests › 440-8.5 Powers and duties of the commission.

§440-8.5 Powers and duties of the commission.
In addition to any other powers and duties authorized by law, the commission shall adopt rules pursuant to chapter 91 to provide for the following:
(1) An appropriate method of ensuring that all financial obligations are met by a promoter who conducts, holds, or gives a boxing contest;
(2) A public record accounting for the distribution of all tickets provided to the commission by a promoter and anything else of value which is provided to the commission;
(3) Clinics or seminars on health and safety for licensees, as deemed necessary by the commission;
(4) A mandatory neurological examination for any boxer who is knocked out in a boxing contest, and an eye examination as part of a boxer's annual medical examination;
(5) An automatic medical suspension from boxing for a period of time to be determined by the commission for any boxer who is knocked out from head blows or who has received a severe beating about the head. The period of time of the automatic medical suspension shall be based upon the severity of the beating received by the boxer;
(6) Procedures to evaluate the professional records and physician's certification of each boxer participating in a professional boxing contest in the State and to deny authorization to a boxer to fight when the requirements of this paragraph are not met;
(7) Procedures to ensure that no boxer is permitted to box while under suspension from any boxing commission due to:
(A) A recent knockout or series of consecutive losses;
(B) An injury, any required medical procedure, or a physician's denial of certification to box;
(C) Failure of any drug test; or
(D) The use of false aliases or falsifying or attempting to falsify official identification cards or documents relating to boxing;
(8) Procedures to review a suspension if appealed by a boxer, including an opportunity for a boxer to present contradictory evidence;
(9) Procedures to revoke a suspension if a boxer furnishes proof of sufficiently improved medical or physical condition or furnishes proof that the suspension was not, or is no longer, warranted by the facts; and
(10) Establishing a boxing registry and the issuance of an identification card to boxers. [L 1986, c 135, §5; am L 1987, c 126, §1; am L 1992, c 202, §48; am L 2004, c 135, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440. Boxing Contests › 440-9 Jurisdiction of commission.

§440-9 Jurisdiction of commission.
(a) The commission is vested with the sole jurisdiction, direction, management, and control over all professional and amateur boxing, to be conducted, held, or given within the State. No professional or amateur boxing contest shall be conducted, held, or given within the State except in accordance with this chapter and the rules adopted by the commission pursuant thereto.
(b) No professional boxing contest shall take place unless the commission has approved all proposed bouts. In addition, the commission shall not allow any professional boxing contest unless:
(1) The contestants use gloves not less than six ounces in weight;
(2) The contest consists of not more than twelve rounds of a duration of not more than three minutes each with an interval of one minute between each round and the succeeding round;
(3) Each contestant is at least eighteen years of age;
(4) One hour prior to the contest each contestant is examined by a licensed physician who shall certify in writing to the referee of the contest that the contestant is physically fit to engage therein;
(5) The promoter has complied with sections 440-10 and 440-11; and
(6) All participants have complied with the requirements provided in this chapter and rules adopted in accordance with chapter 91. [L 1929, c 216, §10; RL 1935, §6997; RL 1945, §7558; am L 1949, c 264, §4; am L 1951, c 307, §5; RL 1955, §165-9; HRS §440-9; am L 1979, c 14, §1; am L 1983, c 241, §7; am L 1986, c 135, §6; am L 2004, c 135, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440. Boxing Contests › 440-10 Licenses, promoters.

§440-10 Licenses, promoters.
(a) Any individual or club may apply to the commission for a license to conduct, hold, or give professional boxing contests. The application shall be in writing, addressed to the commission, and signed by the applicant, or if the applicant is a club, by a duly authorized officer, partner, or member thereof, and shall include the following:
(1) Evidence of financial integrity in accordance with rules adopted by the commission pursuant to chapter 91; and
(2) Proof that the applicant has currently satisfied all of the applicable requirements of the department's business registration division.
(b) The application shall contain a recital of the facts as may be specified by the commission in order for it to determine whether or not the applicant possesses the necessary physical, mental, moral, and financial qualifications to entitle the applicant to a license.
(c) The commission shall not issue any license to conduct, hold, or give boxing contests unless it is satisfied that the applicant has complied with the conditions of this chapter, possesses the necessary qualifications for a license, and is the real party in interest, and intends to conduct, hold, or give the contests or matches itself. The commission shall not issue a promoter's license to an applicant if the applicant or any of the applicant's officers, partners, members, or associates have been convicted of any crime related to gambling or a crime that is directly related to the person's performance in the sport of boxing.
(d) A license may be revoked at any time if the commission finds after a hearing that: the licensee is not the real party in interest or has not complied with this chapter or the rules of the commission; or the licensee or any of the licensee's officers, partners, members, or associates have been convicted of any crime related to gambling or a crime that is directly related to the person's performance in the sport of boxing.
(e) Every license shall be subject to this chapter and the rules of the commission. [L 1929, c 216, §11; RL 1935, §6998; RL 1945, §7559; am L 1949, c 264, §5; RL 1955, §165-10; HRS §440-10; am L 1983, c 241, §8; am L 1986, c 135, §7; am L 1997, c 40, §5; am L 2004, c 135, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440. Boxing Contests › 440-11 Requirements to hold a boxing contest.

§440-11 Requirements to hold a boxing contest.
(a) The application for a license to promote professional boxing contests shall be accompanied by a fee as provided in rules adopted by the director pursuant to chapter 91.
(b) For approval to conduct, hold, or give a boxing contest, a promoter shall provide proof of medical insurance for boxers in accordance with rules adopted by the commission. All promoters shall be responsible for paying any deductible amount of the medical insurance policy.
(c) Prior to each boxing contest, a promoter shall provide a bond, in an amount determined by the commission, to adequately cover the promoter's obligations in conducting, holding, or giving a boxing contest. The bond shall be executed by the promoter as principal and by a surety company authorized to do business in the State as the surety. If the promoter fails to pay any obligations covered by the bond, any aggrieved person may file an action against the bond to recover the amount owed, in the circuit court in the circuit in which the boxing contest was conducted, held, or given; provided that the aggregate liability of the surety to all aggrieved persons shall not exceed the amount of the bond. Any action against the bond shall be commenced within ninety days after the boxing contest was conducted, held, or given.
(d) Prior to any boxing contest, all contracts with managers, boxers, and venues, including any agreement of pre-contest training funds advanced to any contestant either by the promoter or manager or any party of interest, shall be submitted by the promoter to the commission for its review and approval.
(e) Prior to any boxing contest, the promoter shall submit to the commission, for its review and approval, all ring records of all boxers scheduled to participate in the contest.
(f) A promoter shall provide cashier's or certified checks made payable to each contestant for the amount due the contestant or the contestant's manager, as the case may be, in accordance with the contracts approved by the commission.
(g) A promoter shall provide to the commission written confirmation that an ambulance with paramedics and appropriate security have been obtained and will be present at all times at the venue of the boxing contest.
(h) Failure, refusal, or neglect of any licensed promoter to comply with this section shall result in the automatic denial to hold the boxing contest.
(i) Licensed promoters may engage in promotions with other licensed promoters as long as each promoter holds a valid, unexpired license and has received the written approval of the commission prior to the promotion.
(j) No boxing contest shall be commenced without the approval of the commission pursuant to this section. [L 1929, c 216, §12; RL 1935, §6999; RL 1945, §7560; am L 1949, c 264, §6; am L 1951, c 307, §6; RL 1955, §165-11; HRS §440-11; am L 1983, c 241, §9; am L 1984, c 7, §16; am L 1986, c 135, §8; am L 2004, c 135, §10]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 440. Boxing Contests › 440-12 Licenses, participants.

§440-12 Licenses, participants.
(a) Any individual may apply to the commission for a license to act as a physician, referee, judge, matchmaker, manager, timekeeper, second, or professional boxer to participate, either directly or indirectly, in any boxing contest. The application shall be in writing, addressed to the commission, and signed by the applicant. The application shall contain a recital of facts as may be specified by the commission in order for it to determine whether or not the applicant possesses the necessary physical, mental, and moral qualifications to entitle the applicant to a license. The commission shall adopt rules for licensure in accordance with chapter 91.
(b) In addition, the applicant for a referee, judge, manager, or second license shall take and pass a written examination as provided by the commission. The commission may exempt an applicant for a manager or second license from taking the examination, if the applicant holds a valid manager or second license in another jurisdiction with comparable boxing regulations.
(c) Any license to act as a physician, referee, judge, matchmaker, manager, timekeeper, second, or professional boxer may be suspended or revoked, or the person otherwise disciplined by the commission after a contested case hearing held in accordance with chapter 91. [L 1929, c 216, §13; RL 1935, §7000; RL 1945, §7561; am L 1949, c 264, §7; RL 1955, §165-12; HRS §440-12; am L 1976, c 15, §1; am L 1983, c 241, §10; am L 1986, c 135, §9; am L 1997, c 40, §6; am L 2004, c 135, §11]