reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468E. Speech Pathologists and Audiologists › 468E-5 Eligibility for licensure.

§468E-5 Eligibility for licensure.
(a) To be eligible for licensure by the board as a speech pathologist or audiologist, a person shall:
(1) Possess at least a master's degree or its equivalent in the area of speech pathology or audiology, as the case may be, from an educational institution recognized by the board;
(2) Submit to the board evidence of eligibility for meeting the requirements of the American Speech-Language-Hearing Association for the certificate of clinical competence in speech pathology or audiology, or both; and
(3) Pass a written examination approved by the board.
(b) To be eligible for licensure by the board as an audiologist, a person shall not be required to also be licensed as a hearing aid dealer and fitter under chapter 451A. [L 1974, c 48, pt of §1; am L 1978, c 21, §1; am L 1988, c 320, §4; am L 1996, c 13, §14; am L 2018, c 173, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468E. Speech Pathologists and Audiologists › 468E-6 Board of speech pathology and audiology.

§468E-6 Board of speech pathology and audiology.
(a) There is hereby established within the department of commerce and consumer affairs a state board of speech pathology and audiology consisting of seven members.
(b) The membership of the board shall include two speech pathologists, two audiologists, and three public members, one of whom shall be licensed to practice medicine in the State and hold a certificate of qualification from the American Board of Otorhinolaryngology. Appointees shall be fully licensed speech pathologists or audiologists.
All members of the board shall be residents of the State.
(c) Members shall serve for a term of four years. Terms shall begin on the first day of the fiscal year and end on the last day of the fiscal year.
(d) Four members of the board shall constitute a quorum for all purposes, but in no instance shall a meeting of the two speech pathologist members and two audiologist members alone be considered a quorum. [L 1974, c 48, pt of §1; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1986, c 130, §5; am L 1987, c 283, §38; am L 1992, c 202, §170; am L 2016, c 8, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468E. Speech Pathologists and Audiologists › 468E-7 Functions and powers of the board.

§468E-7 Functions and powers of the board.
(a) In addition to any other powers and duties authorized by law, the board, in accordance with chapters 91 and 92, shall administer, coordinate, and enforce this chapter.
(b) In addition to other powers and duties authorized by law, the board, in accordance with chapter 91, shall adopt rules relating to professional conduct to effectuate the policy of this chapter, including but not limited to rules that establish ethical standards of practice, and for other purposes, and may amend or repeal the same. [L 1974, c 48, pt of §1; am L 1988, c 320, §5; am L 1992, c 202, §171]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468E. Speech Pathologists and Audiologists › 468E-8 License.

§468E-8 License.
(a) After December 31, 1988, no person shall engage in the practice of speech pathology or audiology unless the person is licensed in accordance with this chapter or as otherwise provided in this chapter.
(b) All speech pathologists and audiologists employed by a county or state government shall comply with the license requirements of this chapter by December 31, 1984; provided that:
(1) Any person engaged in the practice of speech pathology or audiology on or before October 1, 1981, as an employee of or under contract to a county or state government agency shall be deemed in compliance with the licensure requirements without the necessity of holding an ASHA certificate and may continue to practice speech pathology or audiology, as the case may be, for as long as the person remains continuously employed in any county or state government agency for that purpose; and
(2) The records of the board of speech pathology and audiology shall distinguish between those employees practicing speech pathology and audiology who are licensed in accordance with this chapter, and those who are deemed to be in compliance with the licensure requirements in accordance with this subsection.
(c) A person certified by ASHA or licensed under the laws of another state or the District of Columbia as a speech pathologist or audiologist who has applied for a license in this State may perform speech pathology or audiology services in this State for a period not to exceed ninety days from the time of submitting the person's application. [L 1974, c 48, pt of §1; am L 1981, c 242, §5; am L 1983, c 200, §1; gen ch 1985; am L 1988, c 320, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468E. Speech Pathologists and Audiologists › 468E-9 Application for examination.

§468E-9 Application for examination.
(a) A person eligible for licensure under section 468E-5 and desirous of licensure shall make application for examination to the board at least thirty days prior to the date of examination, upon a form and in such a manner as the board shall prescribe.
(b) Any application shall be accompanied by the appropriate fee.
(c) A person who fails an examination may make application for reexamination if the person again meets the requirements of subsections (a) and (b) of this section. [L 1974, c 48, pt of §1; gen ch 1985; am L 1988, c 320, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468E. Speech Pathologists and Audiologists › 468E-10 Examination for license.

§468E-10 Examination for license.
(a) Each applicant for licensure under this chapter shall take a written examination in accordance with procedures prescribed by the board. Standards for acceptable performance shall be established by the board.
(b) Applicants for licensure shall be examined at a time and place and under such supervision as the board may determine.
(c) The board may examine in whatever theoretical or applied fields of speech pathology or audiology it considers appropriate and may examine with regard to a person's professional skills and judgment in the utilization of speech pathology or audiology techniques and methods.
(d) The board shall maintain a permanent record of all examination scores. [L 1974, c 48, pt of §1]
Cross References
Disposal of examination records, see §94-5.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468E. Speech Pathologists and Audiologists › 468E-11 Waiver of examination or parts thereof.

§468E-11 Waiver of examination or parts thereof.
The board shall waive the requirements of section 468E-5 for applicants for licensure who, on the effective date of this chapter, are actually engaged in this State in the practice of speech pathology or audiology, upon proof of bona fide practice presented to the board in a manner prescribed by rules adopted by the board. [L 1974, c 48, pt of §1; am L 1988, c 320, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468E. Speech Pathologists and Audiologists › 468E-12 Issuance of license.

§468E-12 Issuance of license.
The board shall issue a license to any person who meets the requirements of this chapter and who pays to the board the initial license fee. [L 1974, c 48, pt of §1; am L 1988, c 320, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468E. Speech Pathologists and Audiologists › 468E-12.5 Provisional license. (a) The board shall grant, upon application and payment of proper fees, provisional licensure to an individual who: (1) Possesses at a minimum a master's degree in the area of speech pathology from an educational institution recognized by the board; and (2) Engages in clinical or academic practice under the supervision of a licensed speech pathologist during the period of time needed to fulfill the necessary requirements for licensure as a speech pathologist pursuant to section 468E-5; provided that the licensed speech pathologist possesses an American Speech-Language-Hearing Association certificate of clinical competence and is in good standing with the board. (b) Each provisional license shall include the name and title of the licensed speech pathologist described in subsection (a)(2). A provisional licensee may only practice speech pathology under the supervision of the licensed speech pathologist named on the provisional license. (c) A provisional license issued pursuant to this section shall be valid for one year from the date of issuance and may be renewed for an additional one-year period if needed to fulfill the requirements for licensure as a speech pathologist pursuant to section 468E-5. [L 2019, c 235, §1]

§468E-12.5
Provisional license.
(a) The board shall grant, upon application and payment of proper fees, provisional licensure to an individual who:
(1) Possesses at a minimum a master's degree in the area of speech pathology from an educational institution recognized by the board; and
(2) Engages in clinical or academic practice under the supervision of a licensed speech pathologist during the period of time needed to fulfill the necessary requirements for licensure as a speech pathologist pursuant to section 468E-5; provided that the licensed speech pathologist possesses an American Speech-Language-Hearing Association certificate of clinical competence and is in good standing with the board.
(b) Each provisional license shall include the name and title of the licensed speech pathologist described in subsection (a)(2). A provisional licensee may only practice speech pathology under the supervision of the licensed speech pathologist named on the provisional license.
(c) A provisional license issued pursuant to this section shall be valid for one year from the date of issuance and may be renewed for an additional one-year period if needed to fulfill the requirements for licensure as a speech pathologist pursuant to section 468E-5. [L 2019, c 235, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468E. Speech Pathologists and Audiologists › 468E-13 Disciplinary action.

§468E-13 Disciplinary action.
(a) In addition to any other actions authorized by law, the board may take disciplinary action against any licensee, including but not limited to revocation, suspension, fine, or a combination thereof, or refuse to issue or renew a license for any cause authorized by law, including but not limited to the following:
(1) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts;
(2) Professional misconduct or unethical conduct;
(3) Conduct constituting fraudulent or dishonest dealings;
(4) Violating any provision of this chapter or rules adopted thereunder;
(5) Failure to comply with a board order; or
(6) Making a false statement on any document submitted or required to be filed by this chapter.
(b) Any person who violates this chapter or the rules adopted thereunder shall be fined not more than $1,000 and each day a violation exists, failure to comply with this chapter shall constitute a separate violation. [L 1974, c 48, pt of §1 and c 205, § §2, 5; am L 1986, c 211, §12; am L 1988, c 320, §10; am L 1992, c 202, §172]
Cross References
Denial of licenses to convicted persons, see §831-3.1.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468E. Speech Pathologists and Audiologists › 468E-14 Renewal of license.

§468E-14 Renewal of license.
(a) Licenses issued under this chapter expire at midnight, December 31 of each odd-numbered year if not renewed.
(b) Every person licensed under this chapter, on or before December 31, 1975, and each odd-numbered year thereafter, shall pay a fee for renewal of the person's license to the board. The board may, in the event payment of the renewal fee is rendered after December 31 of any odd-numbered year, renew a license upon payment of the renewal of license fee plus a monthly late renewal payment penalty, which penalty shall, be multiplied by the number of full months which have elapsed since expiration of the license. No person who requests renewal of license, whose license has expired, shall be required to submit to examination as a condition to renewal, if such renewal application is made within two years from the date of such expiration.
(c) A suspended license is subject to expiration and may be renewed as provided in this section, but such renewal shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any other conduct or activity in violation of the order or judgment by which the license was suspended.
(d) A license revoked on disciplinary grounds is subject to expiration as provided in subsection (a) of this section, but it may not be renewed. If such license is reinstated after its expiration, the licensee, as a condition of reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last preceding regular renewal date before the date on which it is reinstated plus the late renewal payment penalty defined in subsection (b) of this section.
(e) Any person who fails to renew the person's license within the five years after the date of its expiration may not renew it, and it may not be restored thereafter, but the person may apply for and obtain a new license if the person meets the requirements of this chapter. [L 1974, c 48, pt of §1; am L 1975, c 118, §33; gen ch 1985; am L 1988, c 320, §11; am L 1992, c 202, §173]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468E. Speech Pathologists and Audiologists › 468E-16 Penalties.

§468E-16 Penalties.
Any person who violates any provision of this chapter or any rule or regulation promulgated thereunder shall be guilty of a petty misdemeanor, the fine for which shall be not more than $1,000. [L 1974, c 48, pt of §1; am L 1975, c 24, §11]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468E. Speech Pathologists and Audiologists › 468E-16.5 Cumulative remedies or penalties.

§468E-16.5 Cumulative remedies or penalties.
Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws in this State. [L 1986, c 211, §10]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468E. Speech Pathologists and Audiologists › 468E-17 Severability provision.

§468E-17 Severability provision.
If any part of this chapter is for any reason held unconstitutional, inoperative, or void, such holding of invalidity shall not affect the remaining portions of the chapter; and it shall be construed to have been the legislative intent to pass this chapter without such unconstitutional, invalid, or inoperative part therein; and the remainder of this chapter, after the exclusion of such part or parts, shall be valid as if such parts were not contained therein. [L 1974, c 48, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468E. Speech Pathologists and Audiologists › 468E-18 Right of injunction.

§468E-18 Right of injunction.
The department of commerce and consumer affairs may, in addition to any other remedies available, apply to a court having competent jurisdiction for an injunction to restrain any violation of this chapter. [L 1986, c 211, §11]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-2 Registration and renewal.

§468L-2 Registration and renewal.
(a) A travel agency shall register with the director prior to engaging in the business of selling or advertising to sell travel services.
(b) Each travel agency shall renew its registration on or before December 31 of each odd-numbered year. A statement on a form designed and provided by the department verifying that the practices of the travel agency are in accordance with section 468L-5, shall be filed with the renewal.
(c) A travel agency that sells activities individually or as part of a tour package shall register with the director as an activity desk under section 468M-2. [L 1991, c 285, pt of §1; am L 1992, c 157, §1; am L 1997, c 40, §21; am L 2016, c 148, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-2.5 Denial of registration.

§468L-2.5 Denial of registration.
The director may deny the registration of any travel agency or charter tour operator when a travel agency or charter tour operator, its directors, officers, owners, members, managers, or general partners:
(1) Fails to meet the requirements for registration as provided in this chapter;
(2) Fails to satisfy a civil fine, penalty, or restitution order arising out of any administrative or enforcement action brought by any governmental agency for conduct involving fraud or dishonest dealing, or for any violation of any state's travel agency or charter tour operator licensing laws or rules;
(3) Has a pending criminal, administrative, or enforcement proceeding brought against it in any jurisdiction for conduct involving fraud or dishonest dealing, or for any violation of any state's travel agency or charter tour operator licensing laws or rules;
(4) Has had an order or judgment entered against it in the past ten years in any criminal, administrative, or enforcement action for conduct involving fraud or dishonest dealing, or for any violation of any state's travel agency or charter tour operator licensing laws or rules;
(5) Fails to establish and maintain a client trust account in accordance with this chapter;
(6) Makes any false statement, representation, or certification in any document or record required to be maintained under this chapter;
(7) Fails to keep, maintain, and disclose upon request the books and records required to be maintained under this chapter; or
(8) Violates this chapter or any rule or order of the director. [L 2001, c 62, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-2.6 Revocation, suspension, and renewal of registration. In addition to any other action authorized by law, the director may revoke, suspend, or refuse to renew the registration of any travel agency or charter tour operator that violates this chapter. [L 2001, c 62, pt of §2]

§468L-2.6
Revocation, suspension, and renewal of registration.
In addition to any other action authorized by law, the director may revoke, suspend, or refuse to renew the registration of any travel agency or charter tour operator that violates this chapter. [L 2001, c 62, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-3 Powers and duties of the director.

§468L-3 Powers and duties of the director.
The director shall have the following powers and duties:
(1) To adopt, amend, and repeal rules in accordance with chapter 91 to carry out the purposes of this chapter;
(2) To issue and renew registrations pursuant to this chapter and to deny or refuse to renew for failure to comply with this chapter;
(3) To establish fees;
(4) To do all things necessary to carry out the functions, powers, and duties set forth in this chapter;
(5) Suspend or revoke any registration for any violation of this chapter; and
(6) Inspect and audit the books and records of any travel agency as they pertain to the deposits to and withdrawals from the trust account. The travel agency shall immediately make available to the director such books and records as may be requested at the travel agency's place of business or at a location designated by the director. For that purpose, the director shall have full and free access to the office and places of business of the travel agency. The director may contract with a consultant to inspect and audit the books and records of any travel agency, the cost of which shall be borne by the travel agency if a violation of this chapter is established. [L 1991, c 285, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-4 Statement required to be furnished to consumer.

§468L-4 Statement required to be furnished to consumer.
A travel agency shall not receive money or other valuable consideration in payment for travel services, unless at the time of receipt of money or other valuable consideration, the travel agency furnishes to the consumer making the payment a written statement conspicuously setting forth the following information:
(1) The name, business address, and telephone number of the travel agency;
(2) The amount paid, the date of such payment, the purpose of the payment made, and an itemized statement of the balance due, if any;
(3) The name and address of the financial institution that maintains the travel agency trust account, and the name of the trust account;
(4) The name of the entity with which the travel agency has arranged travel services and pertinent information such as, but not limited to, the types of accommodation, dates and times of services, and all restrictions, limitations, conditions, and fee assessments that pertain to the person's right to cancel, obtain a refund, change itinerary, or make a claim for lost tickets; and
(5) The cancellation provisions of the contract between the travel agency and the consumer, and the rights and obligations of the parties in the event of such cancellation. [L 1991, c 285, pt of §1; am L 1992, c 157, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-5 Client trust accounts; maintenance of and withdrawal from such accounts.

§468L-5 Client trust accounts; maintenance of and withdrawal from such accounts.
(a) Within five business days of receipt, all travel agencies shall deposit all sums received from a consumer, for travel services offered by the travel agency in a trust account maintained in a federally insured financial institution located in Hawaii. A travel agency shall be deemed to have complied with this section if:
(1) Travel services are paid for by the consumer by means of a credit, charge or debit card, or by means of a centrally billed travel account, and the travel agency submits the charge data to the appropriate payment processing or card issuing company within five days of the charge; and
(2) Any moneys received from these means by the agency are handled in accordance with the provisions of this section.
(b) The trust account required by this section shall be established and maintained for the benefit of the consumers paying money to the travel agency. The travel agency shall not in any manner encumber the amounts in trust and shall not withdraw money therefrom except:
(1) In partial or full payment for travel services to the entity directly providing the travel services; or
(2) To make refunds as required by this chapter.
A travel agency may make payment through another travel agency; provided that any such payment is treated as if it were a payment by a consumer.
(c) This section shall not prevent the withdrawal from the trust account of:
(1) The amount of the sales commission, up to a maximum of fifteen per cent;
(2) Any interest earned and credited to the trust account; or
(3) Any remaining funds of a consumer once all travel services have been provided or once tickets or other similar documentation binding upon the ultimate provider of the travel services have been provided.
(d) At the time of registration, the agency shall file with the department the account number and the name of the financial institution at which the trust account is held. The agency shall notify the department of any change in the account number or location within three business days of the change.
(e) The director, by rule, may allow for the use of other types of funds or accounts; provided that the protection for consumers is no less than that provided by this section. [L 1991, c 285, pt of §1; am L 1992, c 157, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-5.5 Recordkeeping requirements for client trust accounts.

§468L-5.5 Recordkeeping requirements for client trust accounts.
(a) A travel agency or charter tour operator shall maintain all books and records necessary to comply with this chapter and its rules.
(b) A travel agency or charter tour operator shall keep and maintain for a period of at least two years copies of all bank statements, deposit slips, canceled checks, drafts, and wire or electronic transaction documents relating to client trust accounts. The travel agency, charter tour operator, or any branch offices shall make such records available for inspection and audit within three business days of a written request by the director. Nothing herein shall prevent the director from inspecting and auditing the books and records of the travel agency, charter tour operator, or any branch offices, as otherwise provided under this chapter or its rules. [L 2001, c 62, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-5.6 Violations; summary suspension; penalties.

§468L-5.6 Violations; summary suspension; penalties.
(a) Any violations by a travel agency or charter tour operator of any law or rule relating to client trust accounts shall constitute a prima facie showing of fraud on the part of the travel agency or charter tour operator.
(b) Upon a violation by a travel agency or charter tour operator of any law or rule relating to client trust accounts, the director may suspend or restrict the registration of the travel agency or charter tour operator as provided under section 436B-23. The director, as part of a proceeding brought under section 436B-23, may order a freeze of the bank or deposit accounts of the travel agency or charter tour operator.
(c) A travel agency or charter tour operator that violates any provision of this chapter may be fined not more than $1,000 for each violation; provided that a charter tour operator also shall be assessed an administrative fine pursuant to section 468L-27 for any violation of that section. [L 2001, c 62, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-5.7 Court action for failure to maintain client trust accounts. (a) Whenever a travel agency or charter tour operator fails to establish or maintain a client trust account for the benefit of the consumers paying money to the travel agency pursuant to section 468L-5 or [468L-5.5] or the rules relating to travel agencies and charter tour operators, the director may file an action in circuit court to obtain an injunction or other appropriate order or judgment. (b) The director shall not be required to post a bond in any action brought under this section. [L 2001, c 62, pt of §2]

§468L-5.7
Court action for failure to maintain client trust accounts.
(a) Whenever a travel agency or charter tour operator fails to establish or maintain a client trust account for the benefit of the consumers paying money to the travel agency pursuant to section 468L-5 or [468L-5.5] or the rules relating to travel agencies and charter tour operators, the director may file an action in circuit court to obtain an injunction or other appropriate order or judgment.
(b) The director shall not be required to post a bond in any action brought under this section. [L 2001, c 62, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-6 Disclosure on airline awards.

§468L-6 Disclosure on airline awards.
(a) In the event an airline award is purchased, the following disclosure shall be made in a sales contract, in bold face print, no less than eight-point type, and in a manner reasonably calculated to draw the attention of the reader:
"THIS CONTRACT IS FOR THE SALE OF AN AIRLINE AWARD. CERTAIN AIRLINES HAVE TAKEN THE POSITION THAT THEY MAY VOID AIRLINE AWARDS AT THEIR DISCRETION, AT ANY TIME. IF ANY SUCH VOIDING OCCURS, (name of travel agency) WILL REFUND TO PURCHASER THE PROPORTIONATE AMOUNT OF THE PRICE PAID WITHIN THIRTY (30) DAYS."
(b) For the purposes of this section, "airline award" means any coupon, certificate, voucher, benefit, or tangible thing promised, given, sold, or otherwise transferred by any airline to a consumer in exchange for mileage, credits, bonuses, segments, or other units of value credited to the consumer as an incentive to fly on the airline. [L 1991, c 285, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-7.5 Prohibited acts.

§468L-7.5 Prohibited acts.
No travel agency or charter tour operator shall engage in any of the following:
(1) Selling or advertising to sell travel or charter tour services without first registering or renewing a registration with the director under this chapter;
(2) Conducting business as a registered travel agency or charter tour operator without establishing and maintaining a client trust account, in accordance with sections 468L-5, 468L-5.5, and 468L-24 and the rules relating to travel agencies and charter tour operators;
(3) Failing to provide evidence of the establishment of a client trust account or to notify the department of the name of the financial institution at which the client trust account is held or of any change in the account number or location within three business days of any change, in accordance with section 468L-5 and the rules relating to travel agencies and charter tour operators;
(4) Making any false statement, representation, or certification in any application, document, or record required to be submitted, filed, or retained under this chapter;
(5) Misrepresenting the consumer's right to cancel and to receive an appropriate refund or reimbursement as provided under this chapter;
(6) Failing to provide a written statement to the consumer containing specific information as required by section 468L-4;
(7) Failing to provide or otherwise comply with the disclosure requirements of sections 468L-6 and 468L-7;
(8) Failing to make available to the director such books and records as may be requested by the director pursuant to sections 468L-3(6), 468L-5.5, and 468L-28 and the rules relating to travel agencies and charter tour operators;
(9) Promoting travel for prostitution;
(10) Selling, advertising, or otherwise offering to sell travel services or facilitate travel:
(A) For the purpose of engaging in a commercial sexual act;
(B) That consists of tourism packages or activities using and offering sexual acts as enticement for tourism; or
(C) That provides or purports to provide access to or that facilitates the availability of sex escorts or sexual services; or
(11) Otherwise violating any of the provisions of this chapter or its rules.
For purposes of paragraph (10):
"Commercial sexual act" means any sexual contact, as defined in section 707-700, for which anything of value is given to or received by any person.
"Sexual act" means any sexual contact as defined in section 707-700. [L 2001, c 62, pt of §2; am L 2004, c 82, §3]
Cross References
Promoting travel for prostitution, class C felony offense, see §712-1208.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-8 Restitution.

§468L-8 Restitution.
Any person who engages in an act or practice that violates any provision of this chapter or rules adopted pursuant hereto may be ordered by a court of proper jurisdiction to make restitution to all persons injured by the act or practice. [L 1991, c 285, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-10 Consumer right of action.

§468L-10 Consumer right of action.
Any person who suffers damage as a result of a violation of this chapter shall be entitled to injunctive relief restraining further violations, and may sue to recover damages in any circuit court of the State, and, if successful, shall recover three times the actual damages or $1,000, whichever is greater. In any action brought under this chapter, the prevailing party shall be entitled to the recovery of costs of suit, including reasonable attorney's fees. [L 1991, c 285, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-11 Remedies cumulative.

§468L-11 Remedies cumulative.
Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to remedies or penalties available under other laws of this State. [L 1991, c 285, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-12 Criminal penalties.

§468L-12 Criminal penalties.
A person commits the criminal offense of theft if the person, being a travel agency or an agent, employee, or independent contractor of a travel agency, knowingly or intentionally violates section 468L-5(a), (b), or (c). [L 1991, c 285, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-21 Charter tour operator registration as travel agency required.

§468L-21 Charter tour operator registration as travel agency required.
(a) No person shall engage in the business of a charter tour operator unless that person has registered as a travel agency with the director under section 468L-2 and complies with the provisions of this chapter applicable to a travel agency engaged in the business of a charter tour operator.
(b) An application for registration of a charter tour operator as a travel agency or for renewal of a registration of a charter tour operator as a travel agency shall be made on a form provided by the department. In addition to the information required to be provided by all applicants for registration as a travel agency, the form shall require an applicant for registration as a travel agency which intends to engage in the business of a charter tour operator to:
(1) Provide evidence that a charter tour client trust account has been established in accordance with sections 468L-5 and 468L-23;
(2) State whether the applicant intends to operate seven or more charter tours during any twelve months or shorter period of the registration period;
(3) State whether the applicant intends to operate sixteen or more charter tours during any twelve months or shorter period of the registration period; and
(4) Provide evidence that the applicant has complied with the financial performance requirements of section 468L-22. [L 1999, c 258, pt of §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-23 Charter tour client trust account.

§468L-23 Charter tour client trust account.
Every travel agency engaged in the business of a charter tour operator shall establish and maintain a separate charter tour client trust account solely for the purpose of the travel agency's charter tour business. The charter tour client trust account shall be maintained in accordance with sections 468L-5 and 468L-24. [L 1999, c 258, pt of §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-24 Maintenance of charter tour operator accounts.

§468L-24 Maintenance of charter tour operator accounts.
(a) Every charter tour operator shall maintain adequate books and records that provide for a proper accounting of total qualified charter tour client trust assets and qualified charter tour client trust liabilities for all charter tours for which funds have been accepted.
(b) Every charter tour operator shall maintain in its books and records a charter tour trust liability account for the purpose of accounting for qualified charter tour client trust liabilities.
(c) The charter tour trust liability account shall only be adjusted in the following manner:
(1) The charter tour trust liability account shall be reduced by the amount of actual payments made by the charter tour operator for air transportation, hotel accommodations, baggage handling, or ground transportation charges with respect to the charter tour operator's current obligations to provide travel services or to past travel services provided by the charter tour operator; provided that the charter tour trust liability account shall not be reduced for any expenditure which constitutes a qualified prepaid charter tour client trust asset;
(2) The charter tour trust liability account shall be reduced by the amount of payments made by the charter tour operator of federal transportation taxes that are payable as a result of a charter tour and for commissions payable to third party travel agents; and
(3) Only after:
(A) All of the liabilities described in paragraphs (1) and (2) with respect to a specific charter tour have been satisfied through payment;
(B) The obligation to provide travel services has been fully provided; and
(C) The travel has been completed;
then and only then, may any funds remaining in the charter tour client trust account relating to the specific charter tour be withdrawn from the charter tour client trust account and deposited into the general accounts of the charter tour operator, and the charter tour trust liability account shall be reduced by the amount so withdrawn from the charter tour client trust account. [L 1999, c 258, pt of §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-25 Maintenance of qualified charter tour client trust assets by charter tour operators.

§468L-25 Maintenance of qualified charter tour client trust assets by charter tour operators.
A charter tour operator shall regularly maintain qualified charter tour client trust assets in an amount which is equal to or exceeds the qualified charter tour client trust liabilities of the charter tour operator. A charter tour operator shall be deemed to be in substantial compliance with the provisions of this section even if, during any twelve-month period, qualified charter tour client trust liabilities exceed qualified charter tour client trust assets for any one, but not more than one, quarterly reporting period applicable under section 468L-26; provided that qualified charter tour client trust assets at all times shall be equal to or exceed not less than ninety per cent of qualified charter tour client trust liabilities. [L 1999, c 258, pt of §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-26 Quarterly report filing requirements for charter tour operators.

§468L-26 Quarterly report filing requirements for charter tour operators.
Not later than forty-five days after the end of each quarter, each registered travel agency engaging in the business of a charter tour operator, at its own expense, shall file a quarterly report that shall cover the immediately preceding quarter. Each report shall include a statement by an independent certified public accountant that the charter tour client trust account has been maintained in accordance with the requirements of sections 468L-5, 468L-23, and 468L-24, or specifying the grounds on which such a statement cannot be made. [L 1999, c 258, pt of §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-27 Failure by charter tour operator to file required reports; lack of compliance by charter tour operators; remedies.

§468L-27 Failure by charter tour operator to file required reports; lack of compliance by charter tour operators; remedies.
(a) Any registered travel agency engaged in the business of a charter tour operator which fails to file any report required to be filed under this chapter or which files a report indicating that the charter tour operator is not in compliance with the provisions of this chapter, including without limitation, any report which indicates that the charter tour client trust account is not in compliance with the requirements of this chapter, shall be deemed not to be in substantial compliance with the requirements of this chapter.
(b) In addition to any other remedy available, the director may cause a citation to be issued with respect to a registered travel agency engaged in the business of a charter tour operator that has not acted or is not acting in compliance with any provision of this chapter.
(c) Each citation shall be in writing and shall describe the basis of the citation, including the specific statutory provision alleged to have been violated and may contain an order of abatement directing the travel agency to cease engaging in the business of a charter tour operator and an assessment of administrative fines as provided by this section. All fines collected under this section shall be deposited in the special fund established under section 26-9(o).
(d) Any registered travel agency engaged in the business of a charter tour operator who violates this section shall be assessed an administrative fine of up to:
(1) $25,000 for the first violation;
(2) $50,000 for the second violation; and
(3) $75,000 for any subsequent violations.
(e) Service of a citation issued under this section shall be made by personal service or by certified mail, restricted delivery, sent to the last known business address of the travel agency.
(f) Any person issued a citation under this section may submit a written request, within twenty days from the service of the citation, to the director for a hearing with respect to the violations alleged, the scope of the order of abatement, or the amount of the administrative fine assessed.
(g) If the person issued a citation under this section timely notifies the director of a request for a hearing, the director shall afford an opportunity for a hearing under chapter 91.
(h) If the person issued a citation under this section does not submit a written request to the director for a hearing within twenty days from the service of the citation, the citation shall be transmitted to the director for issuance of a final order.
(i) The sanctions and disposition authorized under this section shall be separate and in addition to all other remedies provided by law.
(j) The director may adopt rules pursuant to chapter 91 necessary for the purpose of this section. [L 1999, c 258, pt of §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-28 Audit of charter tour operators.

§468L-28 Audit of charter tour operators.
(a) The department may audit the records of any charter tour operator with respect to its funds. For that purpose, the department shall have free access to the office and places of business of the charter tour operator. Notwithstanding section 468L-3(6), the department may contract with a private consultant to audit the records of any charter tour operator, the cost of which shall be borne by the charter tour operator regardless of whether a violation of this chapter is established.
(b) The director, upon notice and hearing pursuant to chapter 91, may temporarily suspend or may revoke the registration as a travel agency of any charter tour operator who fails to cooperate with the department in any examination or audit of the charter tour operator conducted or contracted for by the director. [L 1999, c 258, pt of §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468L. Travel Agencies › 468L-29 Violation of charter tour operator provisions.

§468L-29 Violation of charter tour operator provisions.
Without limitation to any other remedies or penalties that may be applicable, any person who knowingly accepts moneys for charter tours without being registered as a travel agency in compliance with this chapter, or any charter tour operator that knowingly is not in compliance with the provisions of this chapter and continues to accept moneys for charter tours, shall be guilty of a misdemeanor. [L 1999, c 258, pt of §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468M. Activity Providers and Activity Desks › 468M-1 Definitions.

§468M-1 Definitions.
Whenever used in this chapter, unless the context otherwise requires:
"Activity desk" means any sole proprietorship, organization, trust, group, association, partnership, corporation, society, or combination thereof, which for compensation or other consideration, acts or attempts to act as an intermediary to sell, contract for, arrange, or advertise that it can or will arrange, or has arranged, activities which are furnished by an activity provider. This chapter shall not apply to any hotel as defined under section 486K-1, or air carrier as defined by the Federal Aviation Act of 1958 (49 U.S.C.S. Appx §1301), as amended, for services for which they do not accept consumer moneys for services other than their own.
"Activity provider" means an individual, firm, corporation, association, partnership, or any group of persons, whether incorporated or not, which provides specialized air, land, or sea tour excursions and activities, but does not mean sellers of airline coupons or tickets.
"Department" means the department of commerce and consumer affairs.
"Director" means the director of commerce and consumer affairs.
"Net sales" means gross sales minus the commission paid to activity desks. [L 1990, c 214, pt of §1, §2; am L 1991, c 240, pt of §1, § §2, 4; am L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468M. Activity Providers and Activity Desks › 468M-2 Registration required.

§468M-2
Registration required.
(a) Activity desks shall register with the director prior to engaging in the business of selling, contracting for, arranging, or advertising that it can or will arrange, activities which are furnished by an activity provider. Notwithstanding section 468M-7, any activity desk that violates the provisions of this section or rules promulgated pursuant thereto shall be fined a sum of $100 for each day the activity desk is in violation. The sum shall be collected in a civil suit brought by the department.
(b) Registration shall expire on December 31 of each odd-numbered year. Before December 31 of each odd-numbered year, the director or the director's authorized delegate shall mail a renewal application for registration to the address on record of the registrant.
(c) The director by rule, shall establish fees and requirements for registration, maintenance of registration, renewal, restoration of registration, of activity desks. [L 1992, c 231, pt of §2, § §3, 6; am L 1995, c 174, § §1, 2; am L 1998, c 248, § §1, 2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468M. Activity Providers and Activity Desks › 468M-2.5 Activity desk principal; responsibilities.

§468M-2.5 Activity desk principal; responsibilities.
(a) Each activity desk shall designate a principal who shall have direct management and supervision of the activity desk, including but not limited to compliance with sections 468M-9 and 468M-10.
(b) The activity desk shall designate the activity desk principal with each registration and registration renewal and shall provide notification in writing to the department within ten days after any change in the designation of the activity desk principal.
(c) The activity desk shall disclose the name and contact information of the activity desk principal to a client trust account beneficiary upon request.
(d) For purposes of this section, "principal" means a corporate officer or director, a partner in a partnership, a sole proprietor, or an individual with an ownership interest in the activity desk who shall be a signatory of any client trust account of the activity desk. [L 2015, c 61, §1]