reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436E. Acupuncture Practitioners › 436E-10 Revocation or suspension of licenses.

§436E-10 Revocation or suspension of licenses.
In addition to any other actions authorized by law, any license to practice acupuncture under this chapter may be revoked or suspended by the board of acupuncture at any time in a proceeding before the board for any cause authorized by law, including but not limited to the following:
(1) Obtaining a fee on the assurance that a manifestly incurable ailment can be permanently cured;
(2) The use of false, fraudulent, or deceptive advertising and making untruthful and improbable statements;
(3) Habitually using any habit-forming controlled substance, such as opium or any of its derivatives, morphine, heroin, or cocaine;
(4) Procuring a license through fraud, misrepresentation, or deceit;
(5) Professional misconduct or gross carelessness or manifest incapacity in the practice of acupuncture; or
(6) Violating any rules adopted under this chapter. [L 1985, c 214, pt of §1; am L 1992, c 202, §24]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436E. Acupuncture Practitioners › 436E-12 Penalty.

§436E-12 Penalty.
(a) Any person except a person licensed under this chapter who practices, treats, or instructs in any phase of acupuncture without a license or permit issued by the board, or uses any word or title to induce the belief that they are engaged in the practice of any type of acupuncture, shall be guilty of a misdemeanor and subject to a fine of not less than $50 nor more than $1,000 for each violation.
(b) Any person, except a licensed acupuncturist, who:
(1) Practices or attempts to practice acupuncture;
(2) Buys, sells, or fraudulently obtains any diploma or license to practice acupuncture whether recorded or not;
(3) Uses the title "acupuncturist", "D.Ac." or "D.O.M." or any word or title to induce the belief that the person is engaged in the practice of acupuncture without complying with this chapter; or
(4) Violates this chapter;
shall be penalized as provided in subsection (a). The department may also seek all legal and equitable remedies available to it for the enforcement of the provisions of this chapter, including seeking injunctive relief. [L 1985, c 214, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436E. Acupuncture Practitioners › 436E-13 Use of titles.

§436E-13 Use of titles.
(a) A licensee who has been awarded a license to practice acupuncture by the board in this State may use the title of "Licensed Acupuncturist" or designation "L.Ac." with the licensee's name in an advertisement for acupuncture or announce or append the designation to the licensee's name.
(b) A licensee who has been awarded an earned doctoral degree may use the designation "Ph.D." in an advertisement for acupuncture or announce or append the designation to the licensee's name if the degree was granted from a university or college recognized by a regional or national accrediting body recognized by the United States Department of Education. A Ph.D. recognized by the board under this subsection shall designate a nonpractitioner as opposed to a practitioner or "doctor" of acupuncture as provided in subsection (c).
(c) A licensee who has been approved by the board to use the doctor of acupuncture title, may use the title "Doctor of Acupuncture" or designation of "D.Ac.", after the licensee's name, or the term "Doctor" or prefix "Dr." provided that the word "Acupuncturist" immediately follows the licensee's name if the term "Doctor", or the prefix "Dr." is used alone.
(d) Before any licensee shall be eligible to use the doctor of acupuncture title, the licensee shall furnish satisfactory proof to the board that the licensee has been awarded an earned doctoral degree in acupuncture (traditional oriental medicine). For licensees who graduated from an institute, school, or college located in the United States or any territory under the jurisdiction of the United States, the institute, school, or college shall be accredited or recognized as a candidate for accreditation by a regional or national accrediting body that is recognized by the United States Department of Education for the accreditation or pre-accreditation ("candidacy") of professional post-graduate doctoral programs in acupuncture and oriental medicine. For licensees who graduated from a foreign institute, school, or college, the licensee, at the licensee's own expense, shall have the licensee's transcripts and curriculum evaluated by a board approved and designated professional evaluator who shall make a determination on whether the transcripts and curriculum are at least equivalent to the United States recognized doctoral program of study in acupuncture and oriental medicine, and that the foreign institute is licensed, approved, or accredited by the appropriate governmental authority or an agency recognized by a governmental authority in the respective foreign jurisdiction and whose curriculum is approved by the board.
(e) Except as provided in this section, use of other titles, prefixes, or designations shall not be permitted. [L 1985, c 214, pt of §1; am L 1992, c 90, §1; am L 1994, c 43, §1; am L 2013, c 36, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436E. Acupuncture Practitioners › 436E-14 Foreign school curricula and standards.

§436E-14 Foreign school curricula and standards.
The board of acupuncture shall not recognize and approve an earned doctoral degree from a foreign university or college whose curricula and standards are not equivalent to or higher than institutions in the United States which have been recognized and approved by the board in the study or practice of acupuncture. [L 1985, c 214, pt of §1]
Note
Actions taken by the board prior to December 31, 1984, remain in full force and effect. L 1985, c 214, pt of §1.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436H. Athletic Trainers › 436H-2 Definitions.

§436H-2 Definitions.
As used in this chapter:
"Athlete" means a person who prepares for or participates in organized sports or sports-related activities, amateur or recreational sports involving athletic competition, including interscholastic, intercollegiate, intramural, semiprofessional, or professional sports activities.
"Athletic injury" means an injury that affects the preparation for or participation in organized sports or sports-related activities, or amateur or recreational sports involving athletic competition, including interscholastic, intercollegiate, intramural, semiprofessional, or professional sports activities.
"Athletic trainer" means an individual, whether or not registered under this chapter, who engages in the practice of athletic training or represents oneself to be an athletic trainer.
"Department" means the department of commerce and consumer affairs.
"Director" means the director of commerce and consumer affairs.
"Practice of athletic training" refers to the application by an athletic trainer, whether or not registered under this chapter and without regard to certification by any certifying body, of principles and methods to:
(1) Prevent athletic injuries;
(2) Recognize, evaluate, and assess athletic injuries and conditions;
(3) Provide immediate care of athletic injuries, including common emergency medical care;
(4) Treat, rehabilitate, and recondition athletic injuries;
(5) Administer athletic training services and organization; and
(6) Educate athletes;
provided that the practice of athletic training does not include provision of medical services as defined in section 453-1, occupational therapy services as defined in section 457G-1, or physical therapy or physical therapy services as defined in section 461J-1.
"Treating physician" means a physician or osteopathic physician licensed under chapter 453 who, within the licensee's scope of practice and individual competency, is responsible for the athletic training services provided by an athletic trainer and oversees the practice of athletic training by an athletic trainer. [L 2012, c 198, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436H. Athletic Trainers › 436H-4 Registration required

§436H-4 Registration required
. No person shall engage in the practice of athletic training or represent, advertise, or announce oneself, either publicly or privately, as an athletic trainer, nor use in connection with the person's name or place of business the words "registered athletic trainer", "athletic trainer", "ATC", or any other words, letters, abbreviations, or insignia indicating or implying that the person is an athletic trainer unless the person meets the qualifications established by this chapter and has registered with the department. [L 2012, c 198, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436H. Athletic Trainers › 436H-5 Exemptions.

§436H-5 Exemptions.
This chapter is not intended to restrict the practice of other licensed healthcare providers practicing within their own recognized scopes of practice and shall not apply to:
(1) An individual who possesses a valid license issued under chapter 453, 457G, or 461J who, when acting within the scope of practice allowable under the individual's license, performs the same or similar functions as an individual registered pursuant to this chapter;
(2) Students in an educational program for athletic trainers who participate in activities conducted as part of the educational program under the supervision and guidance of a registered athletic trainer registered under this chapter;
(3) An individual serving in the armed forces of the United States, the United States Public Health Service, the Department of Veterans Affairs, or any other federal agency who engages in activities regulated under this chapter as a part of the individual's employment;
(4) An individual who is invited to conduct a lecture, clinic, or demonstration regarding the practice of athletic training by a school, professional association, professional society, or other similar entity approved by the department by rule pursuant to chapter 91; provided that the individual does not establish a place of business or regularly engage in the practice of athletic training within the State;
(5) An individual who possesses a valid license, registration, or certification from another jurisdiction who accompanies an athlete or team of athletes into this State for a temporary period; provided that the individual shall only attend to the needs of that athlete or team of athletes and those persons who travel with that athletic group or team in a capacity other than as a spectator;
(6) An individual who possesses a valid license, registration, or certification from another jurisdiction who is invited to engage in the practice of athletic training under the supervision and control of a sponsoring entity for a limited time and solely for a special event; or
(7) An individual who is an athletic trainer and a patient to himself or herself or gratuitous athletic training by a friend or family member who does not represent himself or herself to be an athletic trainer.
Nothing in this chapter shall be construed to limit or prohibit the administration of routine assistance or first aid by a person who is not a registered athletic trainer for injuries or illnesses sustained at an athletic event or program. [L 2012, c 198, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436H. Athletic Trainers › 436H-6 Registration requirements.

§436H-6 Registration requirements.
(a) Commencing January 1, 2013, athletic trainers shall:
(1) Register with the department by providing the athletic trainer's name, business address, a current, active, and unencumbered certification from the Board of Certification, Inc., including the certification number, and information on any complaints filed against the athletic trainer with the Board of Certification, Inc., or with any state agency that regulates athletic trainers, including the status and disposition of all complaints;
(2) Have completed the educational and certification requirements of the Board of Certification, Inc.;
(3) Renew the athletic trainer's registration every three years by providing the information required by paragraph (1); and
(4) Notify the department of any changes in registration information within thirty days of the change.
(b) The department shall maintain a current list of the names and business addresses of athletic trainers registered under subsection (a).
(c) Records of a registrant's certification from the Board of Certification, Inc., shall be public records. [L 2012, c 198, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436H. Athletic Trainers › 436H-7 Duties of treating physician.

§436H-7 Duties of treating physician.
A treating physician shall provide direction to an athletic trainer by verbal order when in the presence of the athletic trainer or by written order or written athletic training service plans or protocols when a treating physician is not present with the athletic trainer. [L 2012, c 198, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436H. Athletic Trainers › 436H-8 Requirements to maintain registration.

§436H-8 Requirements to maintain registration.
(a) An athletic trainer shall have and maintain current and active status certification from the Board of Certification, Inc., as a condition of registration. Failure, refusal, or neglect of any registrant to maintain in full force and effect, a current and active status certification shall cause the automatic forfeiture of the registration of the athletic trainer, effective as of the date of the change of the registrant's certification status.
(b) The department shall not restore the forfeited license until satisfactory proof of the active status of the certification is submitted to the department. The department may assess a fee not to exceed $1,000 or restrict or place conditions on the registration as a condition of a restoration of a forfeited registration.
(c) The registrant may, within sixty days after receipt of the notification of the forfeiture, request an administrative hearing to review the forfeiture pursuant to chapter 91. [L 2012, c 198, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436H. Athletic Trainers › 436H-9 Powers and duties of the director.

§436H-9 Powers and duties of the director.
In addition to any other powers and duties authorized by law, the director shall have the powers and duties to:
(1) Adopt, amend, and repeal rules in accordance with chapter 91 to carry out the purposes of this chapter;
(2) Issue and renew registrations pursuant to this chapter and deny or refuse to renew registrations for failure to comply with this chapter;
(3) Suspend or revoke any registration for any violation of this chapter, chapter 436B, or for any violation of rules adopted by the director pursuant to this chapter;
(4) Establish fees; and
(5) Administer, coordinate, and enforce this chapter. [L 2012, c 198, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436H. Athletic Trainers › 436H-10 Fees; disposition.

§436H-10 Fees; disposition.
Application fees paid pursuant to this chapter shall not be refundable. Pursuant to section 26-9(l), the director shall establish registration, renewal, restoration, and other fees and penalties relating to the administration of this chapter. Fees and penalties assessed pursuant to this chapter shall be used to defray costs incurred by the department in implementing this chapter. [L 2012, c 198, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436H. Athletic Trainers › 436H-11 Renewal of registration; fees.

§436H-11 Renewal of registration; fees.
Registrations shall be renewed, upon the payment of a renewal fee, triennially not earlier than ninety days before June 30. Failure to renew a registration shall result in a forfeiture of the registration. Registrations that have been forfeited may be restored within one year of the expiration date upon payment of renewal and restoration fees. Failure to restore a registration within one year of the date of its expiration shall result in the automatic termination of the registration and the person may be required to reapply for registration as a new applicant. All renewal and restoration fees shall be determined by the director. [L 2012, c 198, pt of §2]
Note
Additional $100 surcharge for new or renewal registrations. L 2012, c 198, §5.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436H. Athletic Trainers › 436H-12 Grounds for denial of registration; revocation and suspension of registration.

§436H-12 Grounds for denial of registration; revocation and suspension of registration.
In addition to any other acts or conditions provided by law, the director may deny or refuse to renew, revoke, suspend, restrict, fine, reprimand, censure, condition, or place the registration of any athletic trainer on probation when the athletic trainer:
(1) Fails to meet the requirements for registration as provided in this chapter;
(2) Has a registration or license or certification as an athletic trainer conditioned, suspended, revoked, or denied, or has been refused renewal of registration or license or certification as an athletic trainer;
(3) Makes a materially false, misleading, deceptive, or fraudulent representation or material omission in the application for registration, including any renewal application;
(4) Fails to satisfy a civil fine or penalty arising out of any administrative or enforcement action for violation of any state's athletic trainer laws or rules;
(5) Has a license or registration revoked, suspended or otherwise disciplined by any state or federal agency for any reason that is provided by the applicable laws or rules or by this section;
(6) Engages in the practice of athletic training while impaired by alcohol or drugs;
(7) Engages in professional misconduct, incompetence, gross negligence, or manifest incapacity in the practice of athletic training;
(8) Engages in conduct or a practice contrary to the recognized standards of ethics and professional responsibility as adopted by the National Athletic Trainers Association or the Board of Certification, Inc.;
(9) Has been convicted or pleaded nolo contendere to a crime directly related to the qualifications, functions, or duties of the practice of athletic training;
(10) Fails to report in writing to the director any disciplinary action taken against the registrant or applicant in another jurisdiction, including the Board of Certification, Inc., within thirty days of the disciplinary action; provided, however, that the registrant actually knows of the disciplinary action; and
(11) Violates this chapter, chapter 436B, or any rule or order of the director. [L 2012, c 198, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436H. Athletic Trainers › 436H-13 Registration indicates permission to engage in the practice of athletic training.

§436H-13 Registration indicates permission to engage in the practice of athletic training.
A current registration granted under this chapter shall mean that the registered person has met requirements that include minimum practice standards to provide protection to the public and is permitted to use the title of athletic trainer and to engage in the practice of athletic training, subject to any applicable registration restrictions or conditions. In the granting of permission to engage in the practice of athletic training, and consistent with the intent of chapter 436B, the definition of "license" under section 436B-2 is inclusive of a registration issued under this chapter; therefore, an athletic trainer who is registered under this chapter shall be regarded as an athletic trainer who holds a license to practice the profession of athletic training. [L 2012, c 198, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436H. Athletic Trainers › 436H-14 Civil penalties.

§436H-14 Civil penalties.
Any person who violates any provision of this chapter or the rules of the department adopted pursuant to this chapter shall be fined not more than $1,000 and each day's violation or failure to comply shall be deemed a separate offense.
Unless otherwise expressly provided, the remedies or penalties provided in this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. [L 2012, c 198, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436H. Athletic Trainers › 436H-15 Rules.

§436H-15 Rules.
The director may adopt rules pursuant to chapter 91, including rules to establish fees or fines as may be necessary, to effectuate the purpose and to enforce the requirements of this chapter. [L 2012, c 198, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436M. Alarm Businesses › 436M-1 Definitions.

§436M-1 Definitions.
Whenever used in this chapter, unless the context otherwise requires:
"Alarm business" means any individual, corporation, or other business entity that engages in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, or installing any alarm system in or on any building, place, or premises, except motor vehicles.
"Alarm system" means any device that is designed for the detection of an unauthorized entry into any building, place, or premises, except motor vehicles, or for alerting others to the commission of an unlawful act, or both, and that emits a sound or transmits a signal or message when activated.
"Audible alarm system" means any alarm system that emits a sound when activated.
"Automatic telephone dialer" means any alarm system that, when activated, dials a programmed telephone number and, when the telephone is answered, plays a recorded message informing the listener of an unauthorized entry or unlawful act.
"False alarm" means any alarm activation that is communicated to the police but that is not in response to an actual or threatened criminal act. False alarms include alarm activations caused by negligence, by improperly installed or maintained equipment, and by efforts to summon the police for a purpose other than that for which the alarm is designed. False alarms shall not include alarm activations for which the cause cannot be determined, or is in reasonable doubt, or is beyond the control of the alarm user or alarm business.
"False alarm rate" means the total number of false alarms received by the police relative to the total number of alarm systems in operation. [L 1986, c 134, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436M. Alarm Businesses › 436M-2 Bond.

§436M-2 Bond.
(a) Except as provided in subsection (e), each alarm business shall keep in force a surety bond in the sum of $5,000 during its first five years of operation. The bond shall be in effect from the date that the alarm business begins selling its products or services and shall be continuously maintained for a period of five years from that date.
(b) The bond shall provide for payment, up to the limit of the bond, to any person who is injured or aggrieved or who has sustained loss or damage by the alarm business' violation of any provision of this chapter or any consumer protection statute, or the business' failure to faithfully, promptly, and truly refund all fees which were illegally or incorrectly obtained from its customers.
(c) The bond shall give the injured or aggrieved party a direct and independent action on the bond for a period of one year from the date the loss or damage occurred.
(d) An alarm business that has completed five or more continuous years of operation on November 8, 1986, shall not be required to maintain a bond. An alarm business that has completed less than five continuous years of operation on November 8, 1986, shall maintain the bond for the remainder of its first five years of operation.
(e) An alarm business shall not be required to maintain a bond if it is engaged only in selling alarm systems and does not provide any of the other services listed in the definition of "alarm business" in section 436M-1. [L 1986, c 134, pt of §1]
Revision Note
"November 8, 1986" substituted for "the date this Act takes effect".
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436M. Alarm Businesses › 436M-3 Records and reports.

§436M-3 Records and reports.
Each alarm business that maintains, services, or monitors alarm systems shall keep accurate and up-to-date business records as may be required for at least two years. The records shall include a log of all alarm activations, the date and time of each activation, the reason (insofar as reason can be determined) for each activation, and monthly counts of the number of activations at each alarm user site that are reported to the police. [L 1986, c 134, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436M. Alarm Businesses › 436M-4 False alarms; reporting.

§436M-4 False alarms; reporting.
Alarm businesses that maintain, service, or monitor alarm systems shall, upon request by the police, share with them the data about false alarms and alarm systems in operation needed to determine the monthly false alarm rate for each alarm business. Data obtained from each alarm business shall be used by the police only for statistical purposes and shall not be released to others. Alarm businesses and the police shall cooperate to reduce to a minimum the number of false alarms reported to the police. [L 1986, c 134, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436M. Alarm Businesses › 436M-5 Maintenance.

§436M-5 Maintenance.
On or near each alarm system shall be posted the name, address, and telephone number of the alarm business that is maintaining, servicing, or monitoring the system. An alarm system that is not being maintained, serviced, or monitored by an alarm business shall bear the name, address, and telephone number of a person or persons who may be contacted to service or disconnect the system in the event that it malfunctions. [L 1986, c 134, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436M. Alarm Businesses › 436M-6 Audible alarm systems.

§436M-6 Audible alarm systems.
Every audible alarm system shall have a device to automatically terminate the audible signal within fifteen minutes of activation. No audible alarm system, whether in use prior to or after November 8, 1986, shall be used, sold, or leased unless the system complies with this section. [L 1986, c 134, pt of §1]
Revision Note
"November 8, 1986" substituted for "the effective date of this chapter".
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436M. Alarm Businesses › 436M-7 Automatic telephone dialers.

§436M-7 Automatic telephone dialers.
Automatic telephone dialers shall not be programmed for a municipal emergency number such as 911 or the telephone number of any police facility. No automatic telephone dialer, whether in use prior to or after November 8, 1986, shall be used, sold, or leased unless the system complies with this section. [L 1986, c 134, pt of §1]
Revision Note
"November 8, 1986" substituted for "the effective date of this chapter".
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436M. Alarm Businesses › 436M-8 Activation.

§436M-8 Activation.
No alarm system shall be activated intentionally except to:
(1) Report an unauthorized intrusion or the commission of an unlawful act;
(2) Test an installed system with the prior knowledge and consent of the police; or
(3) Permit an alarm business to demonstrate a system to a prospective buyer or user. [L 1986, c 134, pt of §1; am L 2021, c 230, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436M. Alarm Businesses › 436M-9 Restitution.

§436M-9 Restitution.
Any person who engages in an unlawful act or practice that violates any provision of this chapter may be ordered by a court of proper jurisdiction to make restitution to all individual consumers injured by the act or practice. [L 1986, c 134, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 436M. Alarm Businesses › 436M-10 Penalty.

§436M-10 Penalty.
Any person who engages in an unlawful act or practice that violates any provision of this chapter shall be fined not less than $500 or more than $2,500 for each unlawful act or practice. [L 1986, c 134, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-1 Legislative findings and declaration.

Note
Sections 437-1 to 437-42 designated as Part I. L 2010, c 164, §1.
§437-1 Legislative findings and declaration.
The legislature finds that:
(1) The manufacture, distribution, and sales of motor vehicles in the State vitally affects the general economy of the State and the public interest and public welfare;
(2) Manufacturers of motor vehicles without physical manufacturing facilities within the State and motor vehicle distributors doing business in the State through their control over, and relationships and transactions with their dealers, branches, and representatives; and
(3) The geographical location of Hawaii makes it necessary to ensure that motor vehicles, parts and dependable service are available within the State to protect and preserve the transportation system and the investments of its residents.
The legislature declares, on the basis of the foregoing findings, that it is necessary to regulate and to license motor vehicle manufacturers, distributors, dealers, salespersons, and auctions in the State in order to prevent frauds, impositions, and other abuses against its residents and to protect and preserve the economy and the transportation system of the State. In order to further this intent, the legislature finds that this chapter is remedial and shall apply to all franchise agreements existing as of the date of enactment, except to the extent that such application violates any provision of the state or federal constitutions. [L 1969, c 263, §1(2); gen ch 1993; am L 1996, c 264, §1; am L 2003, c 126, §2; am L 2010, c 164, §3]
Revision Note
Former §437-1 is renumbered §437-1.1.
Case Notes
In passing on necessity of convening three judge court, held that chapter raised substantial constitutional questions. 316 F. Supp. 803 (1970).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-2 Licenses.

§437-2 Licenses.
(a) No person shall engage in the business as or serve in the capacity of, or act as a motor vehicle dealer, salesperson, auction, manufacturer, or distributor in this State, or otherwise engage in the business of selling or negotiating for the purchase of motor vehicles in this State without being licensed as provided in this chapter. A license issued under this chapter shall authorize the holder to engage in the business or activities permitted by the license, only in the county for which the license is issued.
(b) A license issued under this chapter shall authorize the holder to engage in the same business at:
(1) Branch locations in the same county for which the license is issued during the term thereof; provided that each branch location of a motor vehicle dealer is approved by the board; or
(2) Other motor vehicle dealer locations located in the same county and affiliated by common ownership with the location for which the license is issued during the term thereof; provided that each motor vehicle dealer location affiliated by common ownership shall obtain prior approval from the board before transferring salespersons between dealer locations.
For purposes of this subsection, "common ownership" shall include entities that have the same exact ownership, whether through individuals, corporations, trusts, or other entities.
(c) A dealer's license issued to a sole proprietorship or partnership shall authorize the sole proprietor or general partner to engage in the business of a salesperson without a license therefor, only for and in the business of the holder of the dealer's license and only for the county in which the license is issued.
(d) In the event of the dissolution of a partnership, holding a current license issued under this chapter, due to the death of one or more partners, the surviving partners may operate the business under the license for the remaining effective term of the license but not to exceed sixty days. In the event of the death or bankruptcy of the holder of a current license issued under this chapter, the duly appointed personal representative or receiver or trustee in bankruptcy, whichever the case may be, may operate the business under the license for the remaining effective term of the license.
(e) Notwithstanding any provisions of this chapter, the authority of any state or county agency to purchase motor vehicles for state or county use from any dealer licensed under this chapter shall not be limited or conditioned. Any dealer licensed under this chapter may sell vehicles to any state or county agency. [L 1939, c 258, §2; RL 1945, §7362; am L 1951, c 90, pt of §1; RL 1955, §160-161; am L 1957, c 302, §1(2); am L 1961, c 59, §1(2); am L 1963, c 199, §1b; HRS §437-2; am L 1969, c 263, §1(4); am L 1976, c 200, pt of §1; am L 1992, c 45, §1; gen ch 1992; am L 1996, c 264, §3; am L 2003, c 126, §4; am L 2018, c 163, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-3 Prohibited acts for dealer or auction.

§437-3 Prohibited acts for dealer or auction.
No dealer or auction shall sell or bring or cause to be brought into this State for purposes of sale any new motor vehicle for which the dealer or auction is not franchised. [L 1963, c 199, §1c; Supp, §160-161.1; HRS §437-3; am L 1969, c 263, §1(5)]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-3.5 Renumbered as §490:2-313.1 by L 1985, c 161, §1; repealed by L 1992, c 314, §2. Cross References Motor vehicle express warranty enforcement (lemon law), see chapter 481I.

§437-3.5
Renumbered as §490:2-313.1 by L 1985, c 161, §1; repealed by L 1992, c 314, §2.
Cross References
Motor vehicle express warranty enforcement (lemon law), see chapter 481I.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-3.6 Waivers void. Any condition, stipulation, or provision in a franchise or distributorship agreement purporting to bind any person acquiring or holding any franchise or distributorship to waive compliance with any provision of this chapter or any other law of the State is void; provided that no person acquiring or holding any franchise or distributorship shall be prohibited under this section from electing in writing, at or after the time a dispute arises, to use any voluntary dispute resolution procedure, or from entering into any voluntary agreement to settle legitimate disputes between the disputing parties. [L 2003, c 126, pt of §1]

§437-3.6
Waivers void.
Any condition, stipulation, or provision in a franchise or distributorship agreement purporting to bind any person acquiring or holding any franchise or distributorship to waive compliance with any provision of this chapter or any other law of the State is void; provided that no person acquiring or holding any franchise or distributorship shall be prohibited under this section from electing in writing, at or after the time a dispute arises, to use any voluntary dispute resolution procedure, or from entering into any voluntary agreement to settle legitimate disputes between the disputing parties. [L 2003, c 126, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-4.5 Vehicle bumper impact notice. (a) Every manufacturer or distributor of new passenger vehicles for sale in this State shall affix to a window or the windshield of the vehicle a notice with either of the following statements, whichever is appropriate: (1) "THIS VEHICLE IS EQUIPPED WITH A BUMPER SYSTEM THAT CONFORMS TO THE CURRENT FEDERAL BUMPER STANDARD OF MILES PER HOUR, AND CAN WITHSTAND AN IMPACT SPEED SPECIFIED BY FEDERAL TEST PROCEDURES WITH NO DAMAGE TO THE VEHICLE'S BODY AND SAFETY SYSTEMS. ALTHOUGH THE BUMPER AND ATTACHMENT HARDWARE MAY SUSTAIN DAMAGE, THE EXTENT OF THE DAMAGE MAY VARY." (2) "THIS VEHICLE IS EQUIPPED WITH A BUMPER SYSTEM THAT EXCEEDS CURRENT FEDERAL BUMPER STANDARDS, AND CAN WITHSTAND A FRONTAL IMPACT SPEED OF MILES PER HOUR AND A REAR IMPACT SPEED OF MILES PER HOUR, AS SPECIFIED BY FEDERAL TEST PROCEDURES, WITH NO DAMAGE TO THE VEHICLE'S BODY AND SAFETY SYSTEMS. THE BUMPER AND ATTACHMENT HARDWARE MAY SUSTAIN MINOR DAMAGE, WHICH CAN BE REPAIRED WITH THE USE OF COMMON REPAIR MATERIALS AND WITHOUT REPLACING ANY PARTS." (b) The notice required by this section shall be printed legibly in English in bold typeface print and may be included in any notice or label required by federal law to be affixed to a window or windshield of the vehicle. [L 1992, c 109, §1]

§437-4.5
Vehicle bumper impact notice.
(a) Every manufacturer or distributor of new passenger vehicles for sale in this State shall affix to a window or the windshield of the vehicle a notice with either of the following statements, whichever is appropriate:
(1) "THIS VEHICLE IS EQUIPPED WITH A BUMPER SYSTEM THAT CONFORMS TO THE CURRENT FEDERAL BUMPER STANDARD OF MILES PER HOUR, AND CAN WITHSTAND AN IMPACT SPEED SPECIFIED BY FEDERAL TEST PROCEDURES WITH NO DAMAGE TO THE VEHICLE'S BODY AND SAFETY SYSTEMS. ALTHOUGH THE BUMPER AND ATTACHMENT HARDWARE MAY SUSTAIN DAMAGE, THE EXTENT OF THE DAMAGE MAY VARY."
(2) "THIS VEHICLE IS EQUIPPED WITH A BUMPER SYSTEM THAT EXCEEDS CURRENT FEDERAL BUMPER STANDARDS, AND CAN WITHSTAND A FRONTAL IMPACT SPEED OF MILES PER HOUR AND A REAR IMPACT SPEED OF MILES PER HOUR, AS SPECIFIED BY FEDERAL TEST PROCEDURES, WITH NO DAMAGE TO THE VEHICLE'S BODY AND SAFETY SYSTEMS. THE BUMPER AND ATTACHMENT HARDWARE MAY SUSTAIN MINOR DAMAGE, WHICH CAN BE REPAIRED WITH THE USE OF COMMON REPAIR MATERIALS AND WITHOUT REPLACING ANY PARTS."
(b) The notice required by this section shall be printed legibly in English in bold typeface print and may be included in any notice or label required by federal law to be affixed to a window or windshield of the vehicle. [L 1992, c 109, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-5 Board.

§437-5 Board.
A motor vehicle industry licensing board is created and shall consist of seven members. Three of the members shall be engaged in the motor vehicle industry and four of the members shall be private citizens not connected with the industry. [L 1939, c 258, §9; RL 1945, §7363; am L 1951, c 90, pt of §1; RL 1955, §160-162; am L 1957, c 302, §1(3); am L 1959, c 243, §1(1); am L 1961, c 59, §1(3); am L 1963, c 136, §2; am L 1964, c 36, §2a; am L 1965, c 219, §1; HRS §437-5; am L 1969, c 263, §1(6); am L 1992, c 202, §26]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-6 Powers and duties of the board.

§437-6 Powers and duties of the board.
In addition to any other powers and duties authorized by law, the board shall:
(1) Adopt, amend, and repeal from time to time rules not inconsistent with this chapter, as the board deems appropriate for the carrying out of the provisions and purposes of this chapter and for the efficient administration thereof, and the proper conduct of the business that is subject to this chapter, including every matter or thing required to be done or which may be done with the approval or consent or by order or under the direction or supervision of, or as prescribed by the board, which rules, when adopted under chapter 91, shall have the effect of law;
(2) Grant, deny, suspend, or revoke licenses that are authorized by this chapter, fine licensees, and impose conditions as may be set forth in the rules of the board in connection with the granting of licenses;
(3) Prescribe the nature of the proof to be furnished, the notices to be given, and the conditions to be met or observed for the issuance of a duplicate license in place of one alleged to have been lost or destroyed, including a requirement for any indemnity deemed appropriate to the case;
(4) Prescribe all forms to be used for the purposes of this chapter not otherwise provided for;
(5) Establish, by rules, minimum qualifications which shall be met by applicants prior to the issuance of any license; and
(6) The exercise by the board of power, authority, and discretion in it so vested shall be final in each case and shall not be reviewable by or appealable to any court or tribunal, except as otherwise provided in chapter 91 or in this chapter. [L 1939, c 258, §10; RL 1945, §7364; am L 1951, c 90, pt of §1; RL 1955, §160-163; am L 1957, c 302, §1(4); am L 1963, c 199, §1e; am L 1964, c 36, §2b; HRS §437-6; am L 1969, c 263, §1(7), (22); am L 1970, c 82, §1(1); am L 1973, c 31, §18 and pt of §21; gen ch 1985; am L 1986, c 154, §1; am L 1992, c 202, §27; am L 2003, c 126, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-11 Additional requirements for dealer's and auction's license.

§437-11 Additional requirements for dealer's and auction's license.
(a) Requirements to be met before issuance of dealer's and auction's license.
(1) The following requirements shall be met by an applicant for a dealer's license before a license may be issued by the motor vehicle industry licensing board:
(A) The applicant has a site which will be used primarily for the purpose of selling, displaying, offering for sale, or otherwise dealing in motor vehicles;
(B) The site has a permanent building thereon suitable for the display at any one time of at least three motor vehicles having an average base of at least ninety inches; and
(C) The site has suitable sanitation facilities.
(2) The following requirements shall be met by an applicant for an auction's license before a license may be issued by the motor vehicle industry licensing board:
(A) The applicant has a permanent site which will be used primarily for the purpose of selling, displaying, offering for sale, or otherwise dealing in motor vehicles; and
(B) The site has suitable sanitation facilities.
(b) Other related uses permissible. The site may be used for other purposes which are accessory or customarily associated with the retail sale of motor vehicles, such as maintenance operation of a repair, accessories, gasoline and oil, storage, parts, service, or paint branch or department. [L 1963, c 199, §1h; Supp, §160-167.1; HRS §437-11; am L 1969, c 263, §1(22); am L 1970, c 82, §1(3); am L 1992, c 153, §4; am L 1997, c 38, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-12 Legal ownership certificates.

§437-12 Legal ownership certificates.
(a) Possession of or right to possess legal ownership certificate. No dealer shall sell or advertise for sale a new motor vehicle unless the dealer has in the dealer's possession the actual legal ownership certificate or a certificate of origin or its equivalent issued to the dealer by the manufacturer or distributor for the subject motor vehicle. No dealer shall sell or advertise for sale a used motor vehicle unless the dealer has in the dealer's possession evidence that all liens on the subject motor vehicle have been satisfied and the actual legal ownership certificate or proof of the right to possess the legal ownership certificate for the subject motor vehicle.
(b) Delivery of legal ownership certificate. The legal ownership certificate shall be delivered within the time period specified in section 286-52(b). [L 1963, c 199, §1(i); Supp, §160-167.5; HRS §437-12; gen ch 1985; am L 2010, c 3, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-13 Disclosure of dealer.

§437-13 Disclosure of dealer.
Where a person licensed according to this chapter represents a buyer in the State in purchasing or attempting to purchase a motor vehicle from or through a dealer or broker not licensed in the State (hereinafter called "nonresident") residing or doing business without the State the person shall file with the motor vehicle industry licensing board each month a statement showing the name and address of all such nonresidents with whom the person has actually negotiated any such sale for the past month and with whom the person is authorized in writing to negotiate or continue to negotiate or to make such sales. All such statements shall be under oath. [L 1957, c 302, §1(10); am L 1959, c 243, §1(5); am L 1961, c 59, §1(6); Supp, §160-167.555; HRS §437-13; am L 1969, c 263, §1(22); gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-14 Delivery of contract required.

§437-14 Delivery of contract required.
In the event any person licensed according to this chapter represents a buyer in the State in purchasing or attempting to purchase a motor vehicle from or through a dealer or broker not licensed in the State (hereinafter called "nonresident") residing or doing busines without the State the person shall deliver to the buyer upon execution, a copy of the contract or agreement covering such transaction which shall include the make, model, type, year, and price of the motor vehicle, the name and address of the nonresident through whom the sale or purchase is negotiated. [L 1957, c 302, §1(11); am L 1959, c 243, §1(6); am L 1961, c 59, §1(7); Supp, §160-167.6; HRS §437-14; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-15 Principals held responsible.

§437-15 Principals held responsible.
Every holder of a license issued under this chapter may be held responsible for the conduct of the holder's agents and employees in all transactions regarding motor vehicles, motor vehicle parts, franchises, and transactions involving a subject or matter within the jurisdiction of the board. No licensee shall permit any person not licensed under this chapter to sell or exchange or offer to sell or exchange any motor vehicle on the premises specified in the license or to sell or exchange any motor vehicle on behalf of the licensee off the premises specified in the license. [L 1959, c 24, §1(7); am L 1961, c 59, §1(8); Supp, §160-167.66; HRS §437-15; am L 1969, c 263, §1(10); am L 1978, c 92, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 437. Motor Vehicle Industry Licensing Act › 437-16 Records to be kept.

§437-16 Records to be kept.
Every motor vehicle dealer shall keep a record of the purchases, consignments, sales and exchanges, moneys, commissions, or any other thing of value paid or agreed to be paid to any person for each motor vehicle purchased, sold, consigned to be sold, or exchanged, and the record shall be at all times open to the inspection of the motor vehicle industry licensing board or any peace officer designated by the board to inspect the record. The record shall contain:
(1) The names and addresses of all persons from whom any motor vehicle is purchased or received;
(2) The names and addresses of all persons to whom any motor vehicle is sold, consigned to be sold, or exchanged;
(3) The names and addresses of all persons who have received any moneys, commissions, or any other thing of value, or to whom the same is due and owing, in connection with the sale of any motor vehicle; and
(4) The license number, motor number, serial number, and style of any such motor vehicle. [L 1959, c 243, §1(8); am L 1961, c 59, §1(8); Supp, §160-167.666; HRS §437-16; am L 1969, c 263, §1(22)]
Cross References
Courtesy delivery reports, see §238-9.5.