reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 4 - RULE RELIEF › Section 16-201-77 - Emergency rulemaking

Current through June, 2024
(a) The authority
				may adopt emergency rules pursuant to the requirements of sections
				91-3
				and
				91-4,
				HRS.
(b) The authority's
				determination that there is imminent peril and the reasons therefor shall be
				stated in, and as a part of the emergency rule.
(c) The authority shall make the emergency
				rule known to the public by publishing the rule, at least once, in a newspaper
				of general circulation in the State, within five days from the date the rule is
				filed with the lieutenant governor.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 4 - RULE RELIEF › Section 16-201-78 - Approval

Current through June, 2024
The adoption, amendment, or repeal of any rule shall be
				  subject to approval of the governor as provided for in section
				  91-3,
				  HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 4 - RULE RELIEF › Section 16-201-79 - Filing and review

Current through June, 2024
Upon approval of the governor, certified copies of any rules
				  being adopted, amended, or repealed shall be filed with the lieutenant governor
				  and legislative auditor as provided in sections
				  91-4,
				  91-4.1,
				  and
				  91-4.2,
				  HRS. All rules being adopted, amended, or repealed shall take effect as
				  provided in section
				  91-4,
				  HRS, and shall be subject to review as provided in section
				  91-4.1,
				  HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 4 - RULE RELIEF › Section 16-201-80 - No restriction on authority

Current through June, 2024
Nothing contained in this Subchapter shall be construed to
				  prohibit or restrict the right of the authority, sua sponte, from initiating
				  its own rulemaking proceeding on any matter, whether disclosed in any petition
				  or not.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 5 - INFORMAL INTERPRETATIONS › Section 16-201-85 - Purpose, scope, and construction

Current through June, 2024
(a) The purpose of
				this Subchapter is to clarify that any board or commission may issue informal
				interpretations in addition to and supplemental to any power to grant
				declaratory relief provided for elsewhere in this chapter. The purpose of this
				Subchapter is to facilitate prompt decision making in matters where no formal
				ruling is desired or needed by any person and where the interpretation can be
				stated without the necessity of an evidentiary hearing and without
				consideration of legal arguments.
(b) This Subchapter shall be construed in a
				way that will allow informal, just, speedy, and inexpensive resolution of
				inquiries.
(c) Nothing in this
				Subchapter shall be construed to require notice to the public pursuant to
				chapter
				91, HRS, nor to require formal
				contested case procedures.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 5 - INFORMAL INTERPRETATIONS › Section 16-201-86 - Informal proceedings within discretion of board or commission

Current through June, 2024
(a) Notwithstanding any rule by any board or
				commission adopting this chapter as its rules of practice and procedure, this
				Subchapter shall not require the issuance of informal
				interpretations.
(b) Nothing in
				this Subchapter shall preclude any person from seeking any other type of relief
				provided for in this chapter. Nothing in this Subchapter shall preclude any
				board or commission from declining to issue an informal interpretation in any
				particular situation or from initiating a proceeding pursuant to Subchapters
				2, 3, or 4 at any time.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 5 - INFORMAL INTERPRETATIONS › Section 16-201-87 - Review of requests for informal interpretations

Current through June, 2024
The board or commission may delegate to a subcommittee of
				  its members, a single member, or its executive secretary, the authority to
				  review each request for an informal interpretation to determine whether the
				  request is suitable for processing under this Subchapter and, if it is, to
				  recommend the interpretation that the board or commission should
				  issue.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 5 - INFORMAL INTERPRETATIONS › Section 16-201-88 - Form of requests for informal interpretations

Current through June, 2024
(a) A board
				or commission may consider any written communication from any person asking a
				question for processing under this Subchapter; provided that the board or
				commission shall not proceed under this Subchapter in response to a properly
				drawn petition for relief under the provisions of this chapter or where it is
				clear that the petitioner expects a formal and binding response without
				obtaining the consent of the petitioner to the issuance of an informal
				interpretation.
(b) In determining
				whether a particular inquiry is appropriate for the issuance of an informal
				interpretation, the following factors shall be among those considered:
(1) Whether the facts set forth by the
				requester are sufficiently detailed and clear to allow the board or commission
				to understand the requester's circumstance;
(2) Whether the question being asked is
				clear; and
(3) Whether there has
				been a consistent historical pattern of deciding similar inquiries upon which
				the board or commission can base its response.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 5 - INFORMAL INTERPRETATIONS › Section 16-201-89 - Procedure for boards or commissions

Current through June, 2024
Any matter on which an informal interpretation is to be
				  rendered by a board or commission shall be included on the agenda of the board
				  or commission. A copy of the agenda shall be sent to the person requesting an
				  informal interpretation at the same time that notice of the meeting is sent
				  pursuant to section
				  92-7,
				  HRS. At the meeting of the board or commission, the subcommittee or person who
				  has reviewed the request for an interpretation may make a presentation to the
				  board or commission including a recommendation as to how the board or
				  commission should rule. The interpretation of the board or commission and the
				  facts upon which the interpretation was based shall be reflected in its
				  minutes.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 5 - INFORMAL INTERPRETATIONS › Section 16-201-90 - Issuance of interpretation

Current through June, 2024
(a) The board or
				commission or executive secretary shall notify the requester of the informal
				interpretation in writing and shall state that the interpretation is for
				informational and explanatory purposes only and is not an official opinion or
				decision, and that it therefore is not to be viewed as binding on the board,
				commission, or department.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter 5 - INFORMAL INTERPRETATIONS › Section 16-201-92 - Authority of staff not limited

Current through June, 2024
Nothing in this Subchapter shall be construed to prohibit
				  staff, including executive secretaries assigned to a board or commission or
				  program, from giving advice and counsel to the public and to licensees and
				  potential licensees on the law and rules relating to professions and vocations
				  and to the administrative process. Any advice and counsel in writing shall be
				  reported to the board or commission at its next meeting. Any advice or counsel
				  shall include clear notice that the advice or counsel is not official and
				  binding on the board, commission, or department.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 255 - POST-SECONDARY EDUCATION AUTHORIZATION PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 16-255-3 - Religious exemption

Current through June, 2024
The chapter shall not apply to schools and educational
				  programs conducted by religious entities that are owned, controlled, operated,
				  and maintained by a religious organization lawfully operating as a nonprofit
				  religious corporation and that award only religious degrees or certificates.
				  These schools shall:
(1) Limit the
				educational programs to the principles of the church or denomination with which
				it is affiliated and grant degrees or diplomas only in areas of study that
				contain on their face, in the written description of the title of the degree or
				diploma being conferred, a reference to the theological or religious aspect of
				the degree's subject area; and
(2)
				Not offer or award degrees in: any area of physical science or medicine; or
				degrees appropriate only for academic institutions, such as, but not limited
				to, Bachelor of Arts or Bachelor of Science, Master of Arts or Master of
				Science, Doctor of Philosophy, or other degrees typically offered by academic
				institutions, regardless of curriculum or course content, unless the degree
				title includes the religious field of study (e.g., "Bachelor of Arts in
				Religious Studies"); or degrees associated with specific professional fields or
				endeavors not clearly and directly related to religious studies or occupations.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 255 - POST-SECONDARY EDUCATION AUTHORIZATION PROGRAM › Subchapter 2 - RESPONSIBILITIES OF INSTITUTIONS › Section 16-255-4 - Authorization

Current through June, 2024
In addition to the requirements of chapter
				  305-J, HRS, an institution
				  shall:
(1) Seek and maintain
				authorization to operate in the State;
(2) Provide information and respond to
				inquiries from the department including, but not limited to, data that is
				directly related to student enrollment and degree completion and, if
				applicable, student financial aid and educator preparation programs;
(3) Notify the department of any material or
				substantive changes within thirty calendar days including, but not limited to
				the following types of changes:
(A)
				Ownership;
(B) Campus
				locations;
(C) Accreditation
				status, including reaffirmation or loss of accreditation, approval of a request
				for change, a campus evaluation visit, a focused visit, or approval of
				additional locations;
(D)
				Substantive changes regarding operations and programs;
(E) Official contact person for authorization
				purposes;
(F) Official contact
				person for the public regarding complaints;
(G) Any disciplinary or legal decision issued
				against the institution in another jurisdiction;
(H) U.S. Department of Education eligibility
				for Title IV Student Financial Aid; or
(I) Approval from any other state
				authorization agency.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 255 - POST-SECONDARY EDUCATION AUTHORIZATION PROGRAM › Subchapter 2 - RESPONSIBILITIES OF INSTITUTIONS › Section 16-255-5 - Complaints process

Current through June, 2024
An institution shall:
(1) Establish and sustain a complaint
				procedure that includes clearly understood and published processes for a
				student to lodge a complaint within the institution, to the department, and to
				the institution's accrediting agency, if applicable. Information on the
				complaint procedure shall be reasonably accessible and at a minimum, shall be
				found in each institution's official catalog and website;
(2) Establish and maintain processes within
				the institution for responding appropriately to complaints and for documenting
				their resolution;
(3) Establish and
				maintain a process for reporting formal complaints and their resolution to the
				department, including procedures that ensure that an institution's complaint
				resolution process has been exhausted before the complaint is elevated to the
				department; and
(4) Establish and
				maintain a process for working with the department on resolving complaints that
				have been lodged and not resolved with the institution.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 255 - POST-SECONDARY EDUCATION AUTHORIZATION PROGRAM › Subchapter 3 - CLOSURE OF INSTITUTIONS › Section 16-255-6 - Deposit of records upon discontinuance

Current through June, 2024
(a) Upon
				discontinuance, an institution shall deposit student transcripts and all other
				requested educational records with the department in an electronic format as
				prescribed by the department.
(b)
				Student transcripts shall be deposited in either pdf files, which are the
				actual searchable and printable student transcripts, or tab delimited text
				files.
(c) Student transcripts
				include without limitation:
(1) Academic
				grades;
(2) Dates of
				attendance;
(3) Name of program and
				degree;
(4) Credit hours;
(5) Date of course completion or graduation;
				and
(6) Any other information
				reasonably requested by the department.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 255 - POST-SECONDARY EDUCATION AUTHORIZATION PROGRAM › Subchapter 3 - CLOSURE OF INSTITUTIONS › Section 16-255-7 - Procedure to close or cease operations

Current through June, 2024
The institution shall provide written notification to the
				  department in accordance with the requirements of chapter 305J, HRS, before
				  closing or ceasing operations. Written notification shall include:
(1) Date of closure and last date of
				instruction;
(2) Reason for the
				closure;
(3) Contact person after
				the institution closes (name, address, phone number, email address);
(4) Institution's communications to students
				informing them of the pending closure, student rights and options, and
				information concerning Federal Student Financial Aid Programs when an
				institution closes;
(5) An
				electronic spreadsheet containing the names, addresses, phone numbers, and home
				email addresses of students who are enrolled at the time of the closure and if
				refunds are due, the amount and date when they will receive the
				refunds;
(6) The total number of
				students enrolled, including students on leave of absence, whose education and
				training program will not be fully completed by the date of the institution's
				closure and the names of the programs in which they are enrolled;
(7) A copy of any teach-out or transfer plan
				or agreement;
(8) A statement from
				the owner or owner's designee affirming that all recruitment efforts, program
				marketing, advertisement (regardless of type, i.e., newspaper, website,
				television broadcast, etc.), solicitation and enrollment of new students has
				ceased;
(9) The expected deposit
				date of the electronic student records to the department or to the third party
				contracted by the department; and
(10) Documentation that the institution has
				completed the formal closure process with its accrediting body, including
				information regarding the new institutional custodian of records, and
				information that it has been cleared to close by the accrediting
				body."
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 301 - PUBLIC RECORDS AND INFORMATION, RULEMAKING PROCEEDINGS, AND DECLARATORY RULINGS › Section 16-301-2 - Public records and information

Current through June, 2024
(a) All public
			 records, as defined in section 92-50, Hawaii Revised Statutes, shall be
			 available for inspection in the office of consumer protection during regular
			 business hours.
(b) Any person may
			 obtain information on matters within the jurisdiction of the office of consumer
			 protection by inquiring in person during regular business hours, or by
			 submitting a written request to the office, or by telephone upon giving the
			 caller's name and other identification.
(c) "Regular business hours" as used in this
			 section means from 7:45 a.m. to 4:30 p.m., Monday through Friday, except
			 holidays.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 301 - PUBLIC RECORDS AND INFORMATION, RULEMAKING PROCEEDINGS, AND DECLARATORY RULINGS › Section 16-301-3 - Adoption, amendment, or repeal of rules

Current through June, 2024
(a) The rules
			 adopted, amended, or repealed by the director shall be made in accordance with
			 chapter
			 91, Hawaii Revised Statutes.
(b) Any interested person may petition the
			 director for the adoption, amendment, or repeal of any rule of the office. The
			 petition shall be submitted in duplicate and delivered to the office of
			 consumer protection.
(c) The
			 petition need not be in any special form but it must contain:
(1) A statement of the nature of each
			 petitioner's interest;
(2) A draft
			 of the substance of the proposed rule or amendment and a designation of any
			 existing rule affected by the petition;
(3) An explicit statement of the reasons in
			 support of the proposed rule, amendment, or repeal;
(4) Any other information relevant to the
			 petition;
(5) The name, address,
			 and telephone number of each petitioner; and
(6) The signature of each
			 petitioner.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 301 - PUBLIC RECORDS AND INFORMATION, RULEMAKING PROCEEDINGS, AND DECLARATORY RULINGS › Section 16-301-4 - Declaratory ruling by the director

Current through June, 2024
(a) Any person may
			 petition the director for a declaratory ruling as to the applicability of any
			 statutory provision enforced by the director or of any rule or order of the
			 director.
(b) The petition shall be
			 submitted in duplicate to the office of consumer protection. The petition need
			 not be in any special form but it shall contain:
(1) A statement of the nature of each
			 petitioner's interest, including reasons for the submission of the
			 petition;
(2) A designation of the
			 specific statutory provision, rule, or order in question;
(3) A complete statement of the relevant
			 facts;
(4) A statement of the
			 interpretation given the statutory provision, rule, or order by the
			 petitioner;
(5) A memorandum
			 containing the reasons, including any legal authority in support of the
			 interpretation of the petitioner;
(6) The name, address, and telephone number
			 of each petitioner; and
(7) The
			 signature of each petitioner.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 302 - NONADJUDICATIVE PROCEDURES › Section 16-302-3 - Subpoenas; extension of time for compliance

Current through June, 2024
(a) The
			 director of the office of consumer protection or a duly delegated staff member
			 may issue a subpoena, directing the person named therein to appear before a
			 designated representative at a designated time and place to testify or to
			 produce documentary evidence, or both, relating to any matter under
			 investigation by the office of consumer protection.
(b) The director or a duly delegated staff
			 member for good cause shown, may extend the time prescribed for compliance with
			 subpoenas issued during the investigation of any matter.
(c) In cases of failure to respond to
			 investigative subpoenas, appropriate action for enforcement may be initiated by
			 the director of the office of consumer protection or the attorney
			 general.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 302 - NONADJUDICATIVE PROCEDURES › Section 16-302-4 - Conduct of investigational hearings

Current through June, 2024
(a) Investigational
			 hearings shall be presided over by the director or a designated representative,
			 for the purpose of hearing testimony of witnesses and receiving exhibits,
			 documents, and other data relating to any subject under
			 investigation.
(b) Such hearings
			 may be stenographically reported at the option of the presiding official, and
			 if reported, a transcript thereof shall be made a part of the record of the
			 investigation.
(c) Unless otherwise
			 ordered by the director or a designated representative, investigational
			 hearings shall not be made public. If the director orders a public hearing, all
			 persons involved shall be apprised that the hearing is public.
(d) In the conduct of an investigational
			 hearing, the presiding official as well as the attorney for the office of
			 consumer protection may ask questions of the witness to elicit information
			 deemed pertinent to the issue.
(e)
			 The presiding official shall take all necessary action to regulate the course
			 of the hearing, to avoid delay, and to prevent or restrain disorderly,
			 dilatory, obstructive, or contumacious conduct or contemptuous
			 language.
(f) In nonpublic hearings
			 no person shall be allowed to be present except the person being interrogated,
			 the person's business associates, the person's attorney, the presiding
			 official, stenographer or court reporter if the hearing is stenographically
			 reported, and representatives of the office of consumer protection.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 302 - NONADJUDICATIVE PROCEDURES › Section 16-302-5 - Documents and transcripts

Current through June, 2024
Any person compelled to submit documents or data or to testify
				in an investigational hearing shall be entitled to retain a copy or on payment
				of costs thereof, procure a copy of any document submitted by the person, and
				in the instance of stenographically reported hearings, may inspect the official
				transcript of the person's testimony. After examining the transcript, the
				person may call to the attention of the hearing officer who presided at the
				hearing, any mistakes or errors in the transcript. A copy of the person's own
				testimony as transcribed may be purchased from the reporter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 302 - NONADJUDICATIVE PROCEDURES › Section 16-302-6 - Role of counsel

Current through June, 2024
(a) Any witness
			 compelled to appear in person in an investigational hearing may be accompanied,
			 represented, and advised by counsel.
(b) Counsel for a witness may advise the
			 witness in confidence with respect to any question asked of the witness. If
			 counsel has advised the witness not to answer a question and for this reason
			 the witness refuses to answer a question, then counsel shall briefly state for
			 the record the legal grounds for such refusal.
(c) Where it is claimed that the testimony or
			 other evidence sought from the witness is outside the scope of the
			 investigation, or that to answer the question or to produce the evidence might
			 involve self-incrimination, counsel for the witness may object on the record to
			 the question or requirement to produce documentary evidence, and shall state
			 briefly and precisely the grounds therefor.
(d) Any objection made under subsection (c)
			 will be treated as a continuing objection and will be preserved throughout the
			 further course of the hearing without the necessity of repeating the objection
			 as to any similar line of inquiry.
(e) Counsel for a witness may not interrupt,
			 for any purpose or to any extent not allowed by subsections (b) and (c), the
			 examination of the witness by making any objections or statements on the
			 record.
(f) Counsel for the witness
			 may not examine any witness or request the witness to produce documents or data
			 in addition to that compelled under the subpoena. Counsel for the witness may
			 request a recess for the purpose of asking the presiding official to submit
			 certain questions to the witness or to request the witness to produce
			 documentary evidence or data. The granting of this request shall be
			 discretionary with the presiding official.
(g) Following the completion of the
			 examination of the witness, counsel for the witness may on the record request
			 the presiding official to permit the witness to clarify any of the answers in
			 order that they may not be left equivocal or incomplete on the record. The
			 granting or denial of such request shall be within the sole discretion of the
			 presiding official.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 303 - UNFAIR OR DECEPTIVE PRACTICES IN ADVERTISING › Section 16-303-1 - Scope and purpose

Current through June, 2024
(a) This chapter is
			 adopted to assist consumers and business persons by:
(1) Defining certain acts and practices which
			 violate section
			 480-2,
			 Hawaii Revised Statutes;
(2)
			 Protecting consumers from unscrupulous individuals and businesses engaging in
			 unfair or deceptive acts or practices; and
(3) Encouraging the development and
			 perpetuation of fair consumer sales practices.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 303 - UNFAIR OR DECEPTIVE PRACTICES IN ADVERTISING › Section 16-303-2 - Severability

Current through June, 2024
If any provision of these rules, or the application thereof to
				any person or circumstance is held invalid, the invalidity does not affect
				other provisions or applications of these rules which can be given effect
				without the invalid provision or application, and to this end the provisions of
				these rules are severable.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 303 - UNFAIR OR DECEPTIVE PRACTICES IN ADVERTISING › Section 16-303-3 - Definitions

Current through June, 2024
As used in this chapter:
"Advertisement" means any oral, written, or graphic statement
				or representation made by or at the request of the seller;
"Merchandise" means any objects, wares, food, goods,
				commodities, or services;
"Price comparison" means the direct comparison in any
				advertisement of a seller's current price for merchandise with any other price
				for such merchandise, or the making of other price reduction claims, statements
				of value, or savings claims with respect to such merchandise, if expressed in
				dollars, cents, fractions, or percentages;
"Rain check" means a guarantee of a consumer's entitlement to
				purchase advertised merchandise at the advertised price within a reasonable
				time;
"Regular price" means the price, in the same quantity and
				quality and with the same service at which the seller of the merchandise has
				sold or offered to sell such merchandise for a reasonably substantial period of
				time in the recent, regular course of the seller's business;
"Seller" means any person engaged in the business of selling
				merchandise and includes individuals, corporations, partnerships, associations,
				and their agents or employees.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 303 - UNFAIR OR DECEPTIVE PRACTICES IN ADVERTISING › Section 16-303-4 - Use of the word "sale" and words of similar import

Current through June, 2024
(a)
			 Consumers rightfully expect that whenever the seller uses the word "sale" in
			 any advertisement, the seller is offering to sell the advertised merchandise at
			 a price which is less than the seller's regular price. It is the express intent
			 of this section to prohibit the practice of a seller advertising merchandise
			 for "sale" or using words of similar import when in fact the advertised sale
			 price is not less than the seller's regular price.
(b) It shall be an unfair or deceptive act or
			 practice for any seller to:
(1) Use the word
			 "sale" or words of similar import in any advertisement when the advertised
			 price is not less than the seller's regular price; or
(2) Fail to clearly and conspicuously
			 identify the merchandise which is not being offered at a price less than the
			 seller's regular pricein any advertisement when the word "sale" or words of
			 similar import are used; or
(3)
			 Fail to state in any advertisement when the word "sale" or words of similar
			 import are used, the period during which the advertised price will be
			 effective, provided that when the seller places only a specific item or items
			 on "sale," and the seller believes in good faith that the quantity of such
			 items will not be sufficient to meet the reasonably anticipated consumer demand
			 for the planned duration of the "sale," the seller need not specify the period
			 during which the advertised price will be effective if the seller specifies the
			 exact quantity of items available at the advertised price; or
(4) Fail to conspicuously post the advertised
			 "sale" prices in the store; or
(5)
			 Use "going out of business" or terms of similar import when the store is not in
			 fact going out of business as advertised.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 303 - UNFAIR OR DECEPTIVE PRACTICES IN ADVERTISING › Section 16-303-6 - Price comparisons

Current through June, 2024
(a) Price
			 comparison advertising is a form of advertising in which current prices are
			 compared with former or future pricesor other stated values to demonstrate
			 price reductions or cost savings. While price comparisons accurately reflecting
			 market values in the trade area provide consumers with useful information in
			 making value comparisons and market buying decisions, price comparisons based
			 on arbitrary or inflated prices or values can only serve to deceive or mislead.
			 The seller's failure to disclose material information essential to consumer
			 understanding of the price comparisons being made can also serve to deceive or
			 mislead. It is the express intent of this section to insure that the reference
			 price used in a price comparison is a figure which provides meaningful guidance
			 to the consumer.
(b) It shall be an
			 unfair or deceptive act or practice for any seller in any advertisement to make
			 a price comparison:
(1) Which is not based on
			 the seller's regular price, future price, competitor's price or a
			 manufacturer's suggested retail price; or
(2) Where the prices compared are not
			 disclosed; or
(3) Of merchandise
			 which differ in composition, grade or quality, style or design, model, name or
			 brand, kind or variety, or service and performance characteristics, unless the
			 general nature of the material differences is clearly and conspicuously
			 disclosed in the advertisement with the price comparison.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 303 - UNFAIR OR DECEPTIVE PRACTICES IN ADVERTISING › Section 16-303-7 - Availability of advertised merchandise

Current through June, 2024
(a) Consumers
			 rightfully expect advertisements of merchandise to represent a bona fide intent
			 to make such merchandise available to all those attracted to the place of
			 business to purchase the advertised merchandise, unless the advertisement
			 discloses that quantities of such merchandise are limited.
(b) It shall be an unfair or deceptive act or
			 practice for any seller to:
(1) Fail to
			 clearly and conspicuously identify in any advertisement any merchandise that is
			 not available in quantities sufficient to meet reasonably anticipated demands
			 by stating:
(A) The quantity of such
			 merchandise available; or
(B) That
			 such merchandise is available in limited quantity or words of similar import;
			 or
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 303 - UNFAIR OR DECEPTIVE PRACTICES IN ADVERTISING › Section 16-303-8 - Reporting

Current through June, 2024
The director of the office of consumer protection or a
				representative may require persons whose conduct is governed by this chapter to
				submit a report in writing setting forth information on which an advertisement
				within the scope of this chapter was based. The report shall be submitted
				within fourteen days after receipt of a written demand from the director.
				Additional time for cause shown may be granted upon request.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 303 - UNFAIR OR DECEPTIVE PRACTICES IN ADVERTISING › Section 16-303-9 - Civil penalty

Current through June, 2024
Any person, firm, company, association, or corporation
				violating any provision of this chapter shall be fined a sum of not less than
				$500 nor more than $10,000 for each violation. The civil penalties shall be
				collected in a civil action brought by the director of the office of consumer
				protection on behalf of the State.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 304 - COMPENSATION OF WITNESSES › Section 16-304-1 - Expert witness, defined

Current through June, 2024
An expert witness is a person who by virtue of experience,
				training, or education, possesses scientific, technical, or other specialized
				knowledge which will assist the office of consumer protection in investigating
				or in preparing for or presenting evidence to a trier of fact.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 304 - COMPENSATION OF WITNESSES › Section 16-304-2 - Compensation of expert witnesses

Current through June, 2024
(a) An expert
			 witness shall receive compensation in an amount which is reasonable for a
			 person in the community of comparable experience, training, or education who
			 performs the same or similar services.
(b) The office of consumer protection and the
			 expert witness shall agree upon the amount of compensation to be received by
			 the expert witness and the services to be performed by the expert witness
			 before the services or any portion thereof are performed. The agreement shall
			 be set forth in writing on a form to be provided by the office of consumer
			 protection and signed by a representative of the office of consumer protection
			 and the expert witness.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 304 - COMPENSATION OF WITNESSES › Section 16-304-3 - Compensation of other witnesses

Current through June, 2024
Any witness other than an expert witness who is subpoenaed to
				testify at a trial or other court proceeding by the office of consumer
				protection and who attends the trial or court proceeding, may receive
				compensation in the amount provided for in section
				607-12,
				Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 16-601-1 - Purpose

Current through June, 2024
These rules govern practice and procedure before the public
				  utilities commission, State of Hawaii. They shall be liberally construed to
				  secure the just, speedy, and inexpensive determination of every proceeding.
				  Whenever this chapter is silent on a matter, the commission or hearings officer
				  may refer to the Hawaii Rules of Civil Procedure for
				  guidance.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 16-601-3 - The commission

Current through June, 2024
(a) The office of
				the commission is at 465 South King Street, Honolulu, Hawaii 96813. All
				communications to the commission shall be sent to this address unless otherwise
				directed.
(b) The office of the
				commission shall be open from 7:45 a.m. to 4:30 p.m. daily, except Saturdays,
				Sundays, and legal holidays, unless otherwise provided by statute or executive
				order.
(c) Official copies of
				decisions and orders and other commission actions shall be issued under the
				signature of the chairperson, chief clerk, or other person authorized by the
				commission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 16-601-4 - Meetings

Current through June, 2024
(a) The commission may meet and exercise its
				powers in any part of the State. Except as provided by law, all of its meetings
				are open to the public. The parliamentary procedure to be utilized by the
				commission in the conduct of its own meetings, shall be based on the current
				edition of "Roberts Rules of Order Newly Revised," Scott, Foresman and
				Company.
(b) Meetings, notice of
				meetings, and minutes of meetings are governed by part I of chapter
				92, HRS.
(c) The commission may remove any person who
				wilfully disrupts a meeting.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 16-601-5 - Requests for government records

Current through June, 2024
All requests for government records or for copies of
				  government records or to inspect the government records maintained by the
				  commission shall be directed to the administrative director, either in writing
				  or in person.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 16-601-6 - Government records; inspection; cost of copies

Current through June, 2024
The inspection of government records maintained by the
				  commission is governed by part II, chapter
				  92F, HRS. Copying of government
				  records maintained by the commission and the costs and fees therefor are
				  governed by section
				  92-21,
				  HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 16-601-7 - Custody of records

Current through June, 2024
The chief clerk shall have custody of the commission's
				  official records and shall be responsible for the maintenance and custody of
				  the docket files, including transcripts and exhibits, minutes of all commission
				  meetings and decisions, orders, opinions, rules and approved
				  forms.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 16-601-8 - Retention of documents by the commission

Current through June, 2024
Except as provided by law, all documents filed with or
				  presented to the commission shall remain in the files of the commission. The
				  chairperson may permit the withdrawal of original documents upon submission of
				  copies to replace the originals. The chief clerk shall obtain a receipt
				  indicating withdrawal of any original documents.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE COMMISSION › Section 16-601-12 - Appearance before the commission

Current through June, 2024
(a) Any party to a
				proceeding before the commission may appear in person or may be represented by
				a partner or by an officer or authorized employee of a corporation, trust, or
				association.
(b) In all proceedings
				wherein pleadings are filed and a formal hearing is held involving the taking
				of testimony and formulation of a record, subject to review by the courts,
				except for those persons specified in subsection (a), no person may appear in a
				representative capacity other than the following:
(1) Attorneys-at-law in good standing and
				entitled to practice before the Hawaii Supreme Court;
(2) At the discretion of the commission, an
				attorney who is not authorized to practice law in the State but who associates
				with a member in good standing of the bar of the State in the presentation of a
				specific proceeding;
(3) A law
				student intern practicing law pursuant to rule 7 of the rules of the Supreme
				Court of the State; or
(4) Any
				attorney who is a member in good standing of the bar of any state and who is
				employed by the United States or one of its agencies in a professional
				capacity, and who, while being so employed may have occasion to appear before
				this commission on behalf of the United States, during the period of that
				employment.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE COMMISSION › Section 16-601-13 - Code of ethics

Current through June, 2024
(a) Any person who
				signs a pleading, brief, or document, enters an appearance at a hearing, or
				transacts business with the commission, by that act represents the following:
(1) That the person is lawfully authorized
				and qualified to so act;
(2) That
				the person will comply with the laws of this State and the several counties,
				and the rules of this commission; and
(3) That the person will maintain the respect
				due to the commission and will not deceive or knowingly present any false
				statements of fact or law to the commission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE COMMISSION › Section 16-601-14 - Former employees

Current through June, 2024
Any former employee of the commission, as the term "employee*
				  is defined in section
				  84-3, HRS, shall
				  comply with chapter
				  84, HRS, before appearing in a
				  representative capacity before the commission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE COMMISSION › Section 16-601-15 - Time and place for filing documents

Current through June, 2024
All pleadings, briefs, and other documents required to be
				  filed with the commission shall be filed at the office of the commission within
				  the time limit prescribed by statutes, rules, or by order of the commission.
				  Unless otherwise ordered, the date on which the papers are received shall be
				  regarded as the date of filing.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE COMMISSION › Section 16-601-16 - Format for pleadings and other documents

Current through June, 2024
(a) Pleadings,
				briefs, and other documents shall be typewritten upon paper
				8-1/2 x 11
				inches in size. Tables, maps, charts, exhibits, or appendices may be larger but
				shall be folded to that size where practical. The impression shall be
				double-spaced, except that footnotes and quotations in excess of a few lines
				may be single-spaced. Reproduction may be by any process which makes clear and
				permanently legible copies.
(b)
				Pleadings, briefs, and other documents shall show the title of the proceeding,
				the docket number assigned by the chief clerk, the nature of the document, and
				the name and address of the person or attorney filing the document.
(c) The original of each document, including
				applications, complaints, answers, motions, notices, briefs, and amendments
				shall be signed in black ink by each party or its counsel. Any handwritten
				entries on documents shall also be in black ink. If a party is a corporation or
				association, the document may be signed by an officer.
(d) The format for pleadings and motions as
				prescribed by Rule 3 of the Rules of the Circuit Courts of the State of Hawaii
				may be used in lieu of the requirements of this section.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE COMMISSION › Section 16-601-17 - Verification

Current through June, 2024
Applications, complaints, and other pleadings that initiate a
				  proceeding and amendments to any application, complaint, or other pleading
				  shall be verified by at least one applicant or complainant. Answers, if any,
				  shall be verified by at least one of the respondents filing the same. Pleadings
				  may be verified:
(1) By an officer, if
				the party filing the pleading is a corporation or association;
(2) By the attorney for a party, if that
				party is absent or for some cause is unable to sign and verify that
				pleading.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE COMMISSION › Section 16-601-18 - Copies

Current through June, 2024
Unless otherwise required by this chapter or the commission,
				  each party shall file with the commission an original and eight copies of each
				  application, complaint, or other pleading and any amendment to an application,
				  complaint, or other pleading and serve two copies on the consumer advocate. The
				  chairperson or administrative director may require that additional copies be
				  provided or additional persons be served.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE COMMISSION › Section 16-601-19 - Defective documents

Current through June, 2024
Any application filed with the commission, which is not in
				  compliance with these rules, commission orders, other applicable rules, or
				  statutes shall be accepted by the chief clerk and filed. The mere fact of
				  filing shall not waive any failure to comply with this chapter or any other
				  legal requirement. The commission may require the amendment of any application
				  or entertain timely motions by the parties in connection
				  therewith.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION › Subchapter 2 - GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE COMMISSION › Section 16-601-20 - Amended pleadings

Current through June, 2024
Any pleading may be amended at any time before service of a
				  responsive pleading.