reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 178 - ADMINISTRATIVE SPECIAL MORTGAGE RECORDING FEE GUIDELINES › Section 16-178-3 - Fee calculation

Current through June, 2024
(a) The SMRF shall
			 be an amount equal to one-tenth of one per cent of the stated principal amount
			 of the debt secured by the mortgage or, in the case of an amendment of a
			 mortgage, one-tenth of one per cent of the increase of the stated principal
			 amount of the debt, if any. For example:
(1)
			 For a mortgage securing a debt of $250,000, the calculation would be:
Click Here To View
				Image
(2) For an
			 amendment to a mortgage increasing the secured debt from $150,000 to $200,000,
			 the calculation would be:
Click Here To View
				Image
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 178 - ADMINISTRATIVE SPECIAL MORTGAGE RECORDING FEE GUIDELINES › Section 16-178-4 - Fee paying procedures

Current through June, 2024
(a) The SMRF
			 transmittal form shall be used to pay the SMRF, and may be obtained from the
			 bureau of conveyances at 1151 Punchbowl Street, Room 120. Although the SMRF
			 applies to documents recorded in the bureau of conveyances of the State or
			 filed with the assistant registrar of the land court of the State, payment of
			 the SMRF for all documents shall be submitted to the bureau of conveyances.
			 Payment shall be made by the mortgagor or its agent.
(b) The SMRF transmittal form and the SMRF
			 payment shall be submitted to the bureau of conveyances at the time of
			 recordation of a mortgage or an amendment to a mortgage.
(c) The SMRF shall be paid by check made
			 payable to the "Bureau of Conveyances". One check representing the total SMRF
			 for any number of mortgages may be submitted.
(d) In the event all or part of the SMRF is
			 not paid at the time of recordation, due to an exception provided under section
			 16-178-5, additional documentation or information may be required by the
			 HHRF.
(e) SMRF transmittal forms
			 sent by facsimile transmission and computerized versions of the SMRF
			 transmittal form, which contain the same language and are in the same form as
			 the SMRF transmittal form available from the bureau of conveyances, may be
			 used.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 178 - ADMINISTRATIVE SPECIAL MORTGAGE RECORDING FEE GUIDELINES › Section 16-178-5 - Non-applicability and exemption criteria

Current through June, 2024
(a) The SMRF is not
			 applicable to a document which does not constitute a mortgage. These documents
			 include, but shall not be limited to:
(1) A
			 document confirming, amending, or correcting a mortgage without an increase in
			 the debt;
(2) An assumption of a
			 mortgage;
(3) A negative
			 pledge;
(4) An agreement of sale;
			 and
(5) Such other documents as
			 determined by the HHRF or the bureau of conveyances in their sole
			 discretion.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 1 - GENERAL PROVISIONS › Section 16-181-1 - Authority

Current through June, 2024
Authority to adopt rules by the department of commerce and
				  consumer affairs, hereinafter referred to as "department", is found in chapter
				  481I, Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 1 - GENERAL PROVISIONS › Section 16-181-2 - Objective

Current through June, 2024
These rules are intended to clarify and implement chapter
				  481I, HRS, so that the provisions assist consumers who purchase or lease motor
				  vehicles in this State in resolving their good faith motor vehicle warranty
				  complaints with manufacturers.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 1 - GENERAL PROVISIONS › Section 16-181-3 - Computation of time

Current through June, 2024
In computing any period of time prescribed or allowed by
				  these rules, the day of the act from which the designated period of time begins
				  to run shall not be included. The last day of the period shall be included
				  unless it is a Saturday, Sunday, or legal holiday, in which event the period
				  shall run until the end of the next day which is neither a Saturday, Sunday,
				  nor legal holiday. As used in these rules, "legal holiday" means those days
				  designated in section
				  8-1,
				  HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 2 - ADMINISTRATION OF STATE CERTIFIED ARBITRATION PROGRAM ("SCAP") › Section 16-181-4 - Appointment of program administrator

Current through June, 2024
(a) The department
				may contract with an independent arbitration program for annual term
				appointments. The following criteria shall be considered in evaluating the
				suitability of independent arbitration mechanisms: capability, objectivity,
				experience, nonaffiliation with manufacturers of or dealers in new motor
				vehicles, reliability, financial stability, and fee structure.
(b) The department shall give public notice
				according to applicable law inviting any interested qualified party to apply in
				writing for the position of program administrator.
(c) Upon a vacancy occurring prior to the
				expiration of a program administrator's term, the department shall take
				appropriate steps to assure the continued administration of the
				program.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 2 - ADMINISTRATION OF STATE CERTIFIED ARBITRATION PROGRAM ("SCAP") › Section 16-181-5 - Program administrator's duties

Current through June, 2024
The program administrator shall provide and perform
				  arbitration of disputes initiated pursuant to section
				  481I-3,
				  HRS, as specified in the Agreement for Arbitration Services Contract entered
				  into between the administrator and the State of Hawaii. The administrator's
				  duties under the contract include, but are not limited to, the
				  following:
(1) Provide a training
				program to its arbitrators to enable them to participate in SCAP with a full
				understanding of the objectives and requirements of the program;
(2) Receive and process all information
				provided by the parties to the arbitration in order that the dispute may be
				resolved as fairly and quickly as possible;
(3) Effect a resolution of the case through
				an arbitrator's decision which shall be transmitted, through the administrator,
				to the manufacturer and the consumer no later than forty-five days after the
				initiation of the consumer's case into the arbitration process;
(4) Provide written reports to the department
				on a quarterly basis, regarding the status of the program and statistics as to
				the number and outcome of all arbitrations initiated; and
(5) Initiate and utilize a trust account for
				the acceptance of initial filing fees payable by the manufacturer and
				consumer.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 2 - ADMINISTRATION OF STATE CERTIFIED ARBITRATION PROGRAM ("SCAP") › Section 16-181-6 - Setting arbitrator stipend

Current through June, 2024
The director of the department, in his or her discretion,
				  may establish a stipend amount to be paid to the arbitrator.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 3 - FILING OF COMPLAINTS BY CONSUMERS › Section 16-181-7 - Consumer's demand for arbitration

Current through June, 2024
(a) The department
				shall prescribe and make available through the program administrator, a form
				entitled, "Demand for Arbitration", hereinafter referred to as "demand form".
				The demand form may be obtained by telephone request to the program
				administrator, and the completed form shall be submitted to the program
				administrator.
(b) The program
				administrator shall provide information concerning the SCAP's procedures and
				forms to any person requesting information or assistance.
(c) To apply for arbitration under SCAP, a
				consumer shall complete and submit to the program administrator an original and
				two copies of the demand form and three copies each of documents which shall
				include, but not be limited to, the sales contract, repair orders, warranty,
				and correspondence with the manufacturer.
(d) Consumers wishing a hearing on documents
				only shall so indicate on the demand form.
(e) Upon receipt of a properly completed
				demand form with attachments, and upon determination after initial screening
				that the SCAP has jurisdiction over the matter, the program administrator shall
				initiate a case by date-stamping the form and assigning a case
				number.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 3 - FILING OF COMPLAINTS BY CONSUMERS › Section 16-181-8 - Filing fees

Current through June, 2024
(a) A consumer who submits a demand form
				shall pay a filing fee in the amount of $50. The consumer shall be notified of
				this requirement in the demand form referenced in section 16-181-7.
(b) Payment of the consumer's filing fee
				shall be by cash, personal check, certified check, cashier's check, or money
				order and shall be submitted to the program administrator at the same time the
				demand form is submitted.
(c) The
				consumer's $50 filing fee shall be refunded if the final decision by the
				arbitrator is awarded in favor of the consumer.
(d) The manufacturer, upon notification that
				a demand form has been processed, shall pay a filing fee in the amount of $200
				no later than ten days from the date of the receipt of the
				notification.
(e) Failure of the
				manufacturer to timely remit the prescribed filing fee shall be considered a
				default pursuant to section 16-181-20.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 3 - FILING OF COMPLAINTS BY CONSUMERS › Section 16-181-9 - Manufacturer's statement

Current through June, 2024
The department shall prescribe and make available through
				  the program administrator a form entitled "Manufacturer's Statement". After a
				  case has been initiated, the program administrator shall mail the manufacturer
				  a notification of the demand for arbitration, a copy of the consumer's demand
				  form and attachments, and a manufacturer's statement form. The manufacturer
				  shall submit to the program administrator three copies of the completed
				  manufacturer's statement within ten days from the date of the receipt of the
				  notification. The manufacturer shall also submit three copies each of documents
				  which shall include, but not be limited to, the warranty, the service history
				  of the vehicle, and a signed copy of the statement of consumer's lemon law
				  rights.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 4 - SCHEDULING AND NOTIFICATION OF ARBITRATION HEARING › Section 16-181-10 - Notification by manufacturers to SCAP

Current through June, 2024
Each manufacturer of motor vehicles sold in Hawaii shall
				  forward to the department, in writing within thirty days after the effective
				  date of these rules, the name, address, and telephone number of the person
				  designated to receive notices under the program. The information shall be
				  presumed correct unless updated by the manufacturer. Failure to update the
				  information will result in notices under this chapter being mailed to the
				  manufacturer's last known address.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 4 - SCHEDULING AND NOTIFICATION OF ARBITRATION HEARING › Section 16-181-11 - Assignment of arbitrator

Current through June, 2024
(a) After a case
				has been initiated, the program administrator shall assign an arbitrator to
				hear and decide the case.
(b) The
				assigned arbitrator shall not have any bias, any financial or personal interest
				in the outcome of the hearing, or have a pending claim against a manufacturer.
				The assigned arbitrator shall not have any current connection to the sale or
				manufacture of new motor vehicles so as to create a bias, as determined by the
				program administrator. The assigned arbitrator shall not be employed by a
				manufacturer, a motor vehicle dealer, or the consumer, or be a staff person or
				decision maker for a manufacturer-established program.
(c) If any arbitrator should resign, die,
				withdraw, be disqualified by the program administrator, or be otherwise unable
				to perform the duties of the position, the administrator shall assign another
				arbitrator to the case, and the period to render a decision may be extended if
				necessary. If the forty-five day period must be extended, to the extent
				possible, the program administrator shall obtain the written consent from the
				parties.
(d) Arbitrators shall
				undergo training established by the department and the program administrator.
				This training shall include procedural techniques, the duties and
				responsibilities of arbitrators under the program, the substantive portions of
				chapter
				481I, HRS, and any rules adopted
				thereunder.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 4 - SCHEDULING AND NOTIFICATION OF ARBITRATION HEARING › Section 16-181-12 - Notice of arbitration hearing

Current through June, 2024
(a) The program
				administrator shall set the time, place, and date of the hearing.
(b) Arbitration hearings shall be held at
				hearing sites which shall be determined by the program administrator.
				Consideration as to the convenience of both the consumer and the manufacturer
				may be made, and the program administrator may schedule the hearing to take
				place on a neighbor island if such a location is feasible and would be
				convenient for the parties involved.
(c) The program administrator shall notify
				the parties of the date, time, and location of the scheduled arbitration
				proceeding at least five days before the date of the hearing.
(d) A notice of arbitration shall be sent by
				certified mail to the consumer and to the manufacturer. General information
				about the arbitration process shall be included with the notice. Notices shall
				also be provided to attorneys of record. The notice shall include, but not be
				limited to, the following information:
(1) A
				statement of the date, time, and place of the scheduled hearing;
(2) The name of the arbitrator to whom the
				case has been assigned;
(3) A
				statement of the legal authority and jurisdiction under which the hearing is to
				be held;
(4) A statement that
				failure to attend may result in a dismissal of the case or a decision in favor
				of the other side;
(5) A statement
				that any ex parte communication to the arbitrator about any matter concerning
				the case is strictly forbidden; and
(6) The address of the office to which all
				requests, communications, or correspondence concerning the hearing should be
				directed.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 4 - SCHEDULING AND NOTIFICATION OF ARBITRATION HEARING › Section 16-181-13 - Waiver of notice requirements

Current through June, 2024
If notice is not provided in the manner set forth in section
				  16-181-12, or if the notice
				  provided is defective in any other way, and all parties nevertheless appear at
				  the hearing, the arbitrator shall inquire on the record whether such parties
				  are willing to waive their rights set forth in section
				  16-181-12. If the arbitrator is
				  satisfied that an informed and intelligent consent is obtained from all parties
				  who were not properly noticed, the hearing may proceed. If any party refuses to
				  consent to a waiver, the hearing shall be continued with the proper notice of
				  the rescheduled hearing provided to all parties. If the continuance results in
				  the forty-five day deadline passing, each party shall sign a written statement
				  agreeing to the extension of time.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 5 - PRE-HEARING PROCEDURES › Section 16-181-14 - Manufacturer's request for viewing of motor vehicle

Current through June, 2024
(a) A
				manufacturer may request a viewing of the consumer's motor vehicle to aid in
				preparation of its case.
(b) The
				manufacturer and the consumer shall attempt to arrange a mutually agreeable
				time and location for the viewing. If, after reasonable good faith attempts to
				arrange a viewing, a mutually agreeable time and location are not established,
				the manufacturer may request that the program administrator set a time and
				location for viewing.
(c) The
				program administrator, upon the request, may establish a time and location for
				viewing that is reasonably convenient for the parties. The location may be the
				consumer's residence if other locations are not reasonably convenient for the
				parties. The consumer must be present during the viewing, unless the consumer
				expressly waives in writing the right to be present.
(d) The viewing does not constitute another
				attempt to repair the vehicle, and no repair procedures shall be
				conducted.
(e) The manufacturer may
				perform limited nonrepair diagnostic examinations and inspection procedures,
				such as test-driving the vehicle or attaching a testing device to the vehicle.
				The results of any diagnostic procedures or data gathered as a result of such
				procedures shall be made available no later than three business days before the
				date of the hearing.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 5 - PRE-HEARING PROCEDURES › Section 16-181-15 - Availability of witness and document subpoenas

Current through June, 2024
(a)
				Subpoenas may be issued by the arbitrator through the program administrator.
				Subpoenas requiring the attendance of witnesses or production of records,
				memoranda, or tangible things at the designated place of hearing, for the
				purpose of taking the testimony of such witness or inspection of documents,
				shall be issued upon written application to the arbitrator by any
				party.
(b) The application for a
				subpoena shall state at least the following:
(1) The name and address of the
				witness;
(2) The purpose for which
				the witness or material is sought;
(3) The time and place of the hearing for the
				witness to appear or produce the material;
(4) The name of the party requesting the
				subpoena;
(5) The address at which
				the subpoena shall be served; and
(6) A detailed description of any documents
				to be brought by the witness.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 5 - PRE-HEARING PROCEDURES › Section 16-181-16 - Witness fees

Current through June, 2024
The requesting party shall pay any witness fees. Witness
				  fees, other than expert witness fees, shall be tendered at the time of service
				  of a subpoena.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 5 - PRE-HEARING PROCEDURES › Section 16-181-17 - Continuances or extensions of time

Current through June, 2024
(a) The program
				administrator or the assigned arbitrator may, upon request of a party, continue
				a hearing or extend the time for issuance of a decision for good
				cause.
(b) Requests for continuance
				or extension of time shall state the reasons for the request and shall be made
				orally or in writing at least two business days before the date of the
				hearing.
(c) A request for
				continuance or extension of time by either party shall constitute a waiver of
				the time period set forth in section
				481l-3(i),
				HRS, for holding the hearing and rendering a decision.
(d) Upon receipt of a request for continuance
				or extension of time before the date of the hearing, the program administrator
				shall ask the opposing party for its response. The hearing shall not be
				rescheduled unless both parties have agreed to the continuance or extension of
				time in writing.
(e) Notice of any
				new hearing date shall be provided to the parties by any means appropriate for
				the time then remaining before the hearing.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 6 - HEARINGS › Section 16-181-18 - Parties; appearances; interpreters

Current through June, 2024
(a) Parties in
				arbitration proceedings are consumers and manufacturers.
(b) Any person compelled to appear, or who
				appears voluntarily, at the arbitration proceeding may, at the party's own
				expense, be accompanied, represented, or advised by an attorney or other
				representative. Any party choosing to be so represented should notify the
				program administrator of such representation.
(c) Any party desiring an interpreter shall
				make the necessary arrangements and shall inform the program administrator that
				an interpreter will be present at the hearing.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 6 - HEARINGS › Section 16-181-19 - Settlement before the hearing

Current through June, 2024
If there is a settlement before the hearing, the parties
				  shall inform the program administrator by telephone and then in writing of the
				  settlement. Upon confirming that a settlement has been reached, the program
				  administrator shall close the file on the matter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 6 - HEARINGS › Section 16-181-20 - Defaults; dismissals

Current through June, 2024
(a) A party who
				fails to appear at the arbitration hearing, who fails to pay the applicable
				filing fee, or who fails to submit its response will be considered in
				default.
(b) If a manufacturer
				defaults by failing to appear, the arbitration hearing shall proceed as
				scheduled, and the arbitrator shall make a decision based on the evidence
				presented by the consumer and any documents contained in the record.
(c) If a manufacturer defaults by failing to
				pay the $200 filing fee or by failing to submit its response within ten days
				from receipt of the notification of the consumer's demand for arbitration, it
				is within the discretion of the arbitrator whether the manufacturer may present
				its own evidence and if so, what weight any such evidence may be
				given.
(d) If a consumer defaults,
				the hearing shall be cancelled, and the case shall be dismissed with
				prejudice.
(e) An arbitrator's
				decision after a manufacturer defaults shall be considered final unless the
				manufacturer or consumer contacts the program administrator within seven days
				of receipt of the decision to request that the decision be set aside. The
				request shall include evidence of an unforeseeable circumstance that resulted
				in the party's failure to appear. Such request shall be considered by the
				assigned arbitrator, who may hear arguments from both parties on the request to
				set aside the decision. Arguments may be conducted by telephone
				conference.
(f) If the decision is
				set aside, a new hearing shall be scheduled as soon as is practicable after the
				original hearing date. Notice of the rescheduled hearing shall be made to the
				parties.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 6 - HEARINGS › Section 16-181-21 - Powers and duties of the arbitrator

Current through June, 2024
(a) The assigned
				arbitrator shall conduct a fair, impartial, and orderly hearing, taking all
				necessary action to avoid delay in the disposition of proceedings. The
				arbitrator shall have all powers necessary to meet these ends, including, but
				not limited to, the power to:
(1) Administer
				oaths or affirmations to witnesses;
(2) Consider any and all evidence offered by
				the parties which the arbitrator deems necessary to an understanding and
				development of the facts and a determination of the dispute;
(3) Regulate the course of the hearing and
				the conduct of the parties, their representatives, and witnesses;
(4) Inspect or ride the consumer's vehicle,
				if deemed necessary by the arbitrator, and if requested by either party, during
				the course of a hearing, or at such other time as may be determined;
				and
(5) Construe and apply the
				provisions of chapter
				481I, HRS, and rules adopted
				thereunder.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 6 - HEARINGS › Section 16-181-22 - Conduct of the hearing

Current through June, 2024
(a) The hearing
				shall be conducted to encourage a full and complete disclosure of the facts and
				to afford each party a full and equal opportunity to present the party's
				evidence.
(b) Hearings shall be
				open to the public, provided that the arbitrator may exclude any observer,
				witness, or party who is disruptive to the conduct of the hearing. The person
				may be readmitted upon the cessation of disruptive conduct and upon reassurance
				that the person's conduct will not continue.
(c) The arbitrator shall conduct the hearing
				and shall take whatever action is necessary to maintain decorum and ensure that
				the hearing proceeds in an equitable, orderly, and expeditious manner. All
				parties shall abide by the arbitrator's ruling.
(d) Each party shall have the right to
				present evidence, cross-examine witnesses, enter objections, and assert all
				other rights essential to a fair hearing.
(e) Oral testimony shall be taken upon
				oath.
(f) The arbitrator shall open
				the hearing by introducing the parties and shall set forth the procedures to be
				followed during the hearing.
(g)
				The consumer shall present the consumer's evidence and witnesses, then the
				manufacturer shall present its evidence and witnesses. The arbitrator may vary
				the presentation of evidence if deemed appropriate to more fully develop the
				facts.
(h) Each party may question
				the other after each presentation, and may question each witness after
				testimony. The arbitrator may direct questions to any party or witness at any
				time. The arbitrator shall restrict the inquiry of any person to the scope of
				the proceedings.
(i) Each party
				shall be allowed to present a closing argument.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 6 - HEARINGS › Section 16-181-23 - Evidence

Current through June, 2024
(a) The formal rules of evidence shall not
				apply. The parties may introduce any relevant evidence which is commonly relied
				upon by reasonably prudent people in the conduct of their affairs. The
				arbitrator may exclude irrelevant, immaterial, or unduly repetitious
				evidence.
(b) Before the hearing or
				at the hearing, the arbitrator or either party may request that the arbitrator
				inspect or ride the consumer's vehicle. If requested, both parties shall be
				afforded the opportunity to be present and accompany the arbitrator on the
				inspection or ride.
(c) The
				arbitrator may receive and consider evidence of a witness not present at the
				hearing by affidavit and shall give any affidavit such weight as may be deemed
				appropriate, after consideration of any objections made to its
				submission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 6 - HEARINGS › Section 16-181-24 - Arbitrator's records

Current through June, 2024
Any records or documents submitted by the parties to the
				  arbitrator which are not on file with the program administrator shall be turned
				  in to the administrator after the decision has been issued.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 6 - HEARINGS › Section 16-181-25 - Settlement at the hearing

Current through June, 2024
If the arbitrator facilitates a settlement at the hearing,
				  the terms of the agreement shall be written down at the hearing and signed and
				  dated by both parties. The terms shall include how the refund and the mileage
				  offset were calculated, if applicable. The terms shall also include the date
				  for compliance with the settlement which the parties must abide
				  by.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 7 - ARBITRATOR'S DECISION › Section 16-181-26 - Form and content of decision

Current through June, 2024
(a) The arbitrator
				shall render a decision within forty-five days of the proper filing of the
				demand form with the program administrator. A decision may be rendered after
				the forty-five day period has passed only if the provisions of section
				16-181-17 have been complied with.
(b) The decision shall be in writing, dated,
				and signed by the arbitrator. The date of the signature of the decision shall
				determine compliance with the forty-five day requirement unless otherwise
				waived in writing by both parties.
(c) If not otherwise specified in these
				rules, no other remedies aside from those specifically identified in section
				481I-3(i),
				HRS, may be awarded to a consumer.
(d) The decision shall determine whether the
				consumer is entitled to relief pursuant to section
				481I-3(i),
				HRS, and shall contain, but not be limited to, the following:
(1) A statement of the program's
				jurisdiction;
(2) Findings of fact
				necessary for resolution of the issues. Findings based upon stipulation of the
				parties shall be so designated;
(3)
				A conclusion with supporting rationale of whether the standards for refund or
				replacement have been met;
(4) An
				explanation as to whether the presumptions have been met, or whether a
				reasonable number of attempts have been made to conform the motor vehicle to
				the applicable express warranties and if not, any factors which mitigate
				against the necessity of meeting the presumptions;
(5) A statement of the remedy granted by the
				arbitrator as provided for by section
				481I-3(i),
				HRS, or a dismissal of the case if the consumer is not entitled to relief under
				the statute.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 7 - ARBITRATOR'S DECISION › Section 16-181-27 - Hearing on documents only

Current through June, 2024
If the hearing is on documents only, all documents shall be
				  submitted to the program administrator no later than thirty days from the
				  proper filing of the demand form with the program administrator. The arbitrator
				  shall issue a timely decision based on all the documents submitted. The
				  decision shall be issued within forty-five days of the filing date of the
				  demand form.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 7 - ARBITRATOR'S DECISION › Section 16-181-28 - Technical corrections; rehearing

Current through June, 2024
(a) Technical
				corrections, defined as corrections in computational, clerical, or
				typographical errors, or other minor corrections of errors arising from
				oversight or omission, may be achieved by the entry of an amended decision by
				the arbitrator within forty-five days of the proper filing of the demand form
				with the program administrator. Clarification of a decision may also be made in
				this manner.
(b) In a binding
				arbitration, if the forty-five day period has passed, a party who desires
				clarification or technical corrections in a decision must submit a written
				request to extend the arbitrator's jurisdiction to the program administrator
				within five days of receipt of the decision. The written request should explain
				in detail the correction or clarification being requested. The program
				administrator shall provide a copy of the written request to the opposing
				party. Only if the opposing party also submits a written request to extend the
				arbitrator's jurisdiction, shall the requests be forwarded to the arbitrator.
				The opposing party's written request to extend the arbitrator's jurisdiction
				must be received by the program administrator within five days after the
				opposing party's receipt of the copy of the original written request. Upon
				receipt of both parties' written requests to extend jurisdiction, the
				arbitrator may accept the reinstatement of jurisdiction. If the arbitrator's
				jurisdiction is reinstated and the decision is amended, the amended decision
				shall be served upon the parties by the program administrator in the manner
				specified in section 16-181-26(k).
(c) In a nonbinding arbitration, if the
				forty-five day period has passed, a party who desires clarification or
				technical corrections in a decision must submit a written request to extend the
				arbitrator's jurisdiction to the program administrator within five days of
				receipt of the decision. The program administrator shall provide a copy of the
				written request to the opposing party. The opposing party may submit a response
				if it so chooses. The original request and any response shall be forwarded to
				the arbitrator. Upon receipt of the original request and any response, the
				arbitrator may accept the reinstatement of jurisdiction. If the arbitrator's
				jurisdiction is reinstated and the decision is amended, the amended decision
				shall be served upon the parties by the program administrator in the manner
				specified in section 16-181-26(k).
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 8 - RECORDKEEPING › Section 16-181-29 - Program administrator's records

Current through June, 2024
(a) The program
				administrator shall maintain records of each dispute submitted to the SCAP. The
				program administrator shall submit a written report to the regulated industries
				complaints office of the department on a quarterly basis, regarding the status
				of the program and relevant statistics, including but not limited to, the
				following:
(1) The number of arbitrations
				screened, initiated, heard, and resolved;
(2) A brief synopsis of each decision,
				including the remedies awarded;
(3)
				The length of time elapsed from the filing date of the demand form to the date
				of the arbitrator's written award; and
(4) The names of the arbitrators hearing
				cases and a list, categorized by arbitrator, of cases heard and decisions
				rendered.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 8 - RECORDKEEPING › Section 16-181-30 - Department's records

Current through June, 2024
The department may compile on an annual basis a summary of
				  the resolutions for each dispute submitted to the SCAP, including statistics
				  for each manufacturer.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 9 - LEASED CARS › Section 16-181-31 - Refunds

Current through June, 2024
(a) When an arbitrator awards a refund for a
				leased car, a manufacturer shall refund to the consumer the following: the cash
				down payment, any security deposit, all cash charges on signing the lease, all
				lease payments made, and all collateral and incidental charges, less a
				reasonable offset for the consumer's use of the motor vehicle[, and less any
				finance or interest charges]. The security deposit may be refunded through the
				lessor, if applicable.
(b) The
				reasonable offset for use shall be equal to one per cent of the lease price for
				every thousand miles of use. The lease price means the aggregate of the
				lessor's actual purchase cost; the freight cost, if applicable; the cost for
				accessories, if applicable; and any other incidental fee paid by the lessor. If
				this information is not provided at the hearing, the arbitrator may use the
				"agreed upon value of the vehicle" as stated in the lease to calculate the
				reasonable offset for use. Reasonable offset for use means the number of miles
				attributable to a consumer up to the date of the third repair attempt of the
				same nonconformity which is the subject of the claim, the date of the first
				repair attempt of a nonconformity that is likely to cause death or serious
				bodily injury, or the date of the thirtieth cumulative business day when the
				vehicle is out of service by reason of repair of one or more nonconformities,
				whichever occurs first.
(c) The
				manufacturer shall refund to the leasing company the balance of the lease
				price, as that term is defined in this section, after the consumer's refund has
				been calculated.
(d) Once a
				decision for the consumer has been rendered by an arbitrator, the lease is
				terminated. No early termination penalties under the lease may be
				collected.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 10 - MISCELLANEOUS PROVISIONS › Section 16-181-32 - Avoidance of liability

Current through June, 2024
No manufacturer, or its authorized service agent, may refuse
				  to examine or repair any nonconformity for the purpose of avoiding
				  responsibility under chapter
				  481I, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 181 - MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT (LEMON LAW) › Subchapter 10 - MISCELLANEOUS PROVISIONS › Section 16-181-33 - Manufacturer's records

Current through June, 2024
(a) It is the
				responsibility of the manufacturer, its agents, distributor, or authorized
				dealer to provide the consumer with the written notice described in section
				481I-3(g),
				HRS, at the time of purchase of the motor vehicle. The consumer shall receive
				the signed original or a signed copy of the notice at the time of
				purchase.
(b) The distributor of
				the written notice shall maintain the signed original or signed copy of the
				notice for a period of at least two years. The manufacturer shall be asked to
				produce this record if a demand for arbitration is filed by a
				consumer.
(c) If the distributor of
				the written notice did not provide the consumer with a copy of the notice at
				the time of purchase, the time period within which the consumer is required to
				notify the manufacturer in writing of a nonconformity may be
				extended.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 185 - ANNUAL AUDITED FINANCIAL REPORTING › Section 16-185-101 - Purpose and scope

Current through June, 2024
(a) The purpose of this chapter is to improve
			 the surveillance of the financial condition of insurers by requiring the
			 following:
(1) An annual audit of financial
			 statements reporting the financial position and the results of operations of
			 insurers by independent certified public accountants;
(2) Communication of internal control related
			 matters noted in an audit; and
(3)
			 Management's report of internal control over financial
			 reporting.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 185 - ANNUAL AUDITED FINANCIAL REPORTING › Section 16-185-103 - General requirements related to filing and extensions for filing of annual audited financial report and audit committee appointment

Current through June, 2024
(a) All insurers required by this chapter to
			 file an annual audit by an independent certified public accountant shall file
			 an audited financial report with the commissioner on or before June 1 for the
			 year ended December 31 immediately preceding The commissioner may require an
			 insurer to file an audited financial report earlier than June 1, with ninety
			 days advance notice to the insurer.
(b) Extensions of the June 1 filing date may
			 be granted by the commissioner for thirty-day periods upon a showing by the
			 insurer and its independent certified public accountant of the reasons for
			 requesting an extension and determination by the commissioner of good cause for
			 an extension. The request for extension shall be submitted in writing not less
			 than ten days prior to the due date and in sufficient detail to permit the
			 commissioner to make an informed decision with respect to the requested
			 extension.
(c) If an extension is
			 granted in accordance with the provisions in subsection (b), a similar
			 extension of thirty days is granted to the filing of management's report of
			 internal control over financial reporting.
(d) Every insurer required to file an annual
			 audited financial report shall designate a group of individuals as constituting
			 its audit committee, as defined in section 16-185-102, Hawaii Administrative
			 Rules.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 185 - ANNUAL AUDITED FINANCIAL REPORTING › Section 16-185-104 - Contents of annual audited financial report

Current through June, 2024
The annual audited financial report shall report the financial
				position of the insurer as of the end of the most recent calendar year and the
				results of its operations, cash flows, and changes in capital and surplus for
				the year then ended in conformity with statutory accounting practices
				prescribed, or otherwise permitted, by the insurance division The annual
				audited financial report shall include the following:
(1) A report by an independent certified
			 public accountant;
(2) A balance
			 sheet reporting admitted assets, liabilities, capital, and surplus;
(3) A statement of operations;
(4) A statement of cash flow;
(5) A statement of changes in capital and
			 surplus;
(6) Notes to financial
			 statements. These notes shall be those required by the appropriate National
			 Association of Insurance Commissioners Annual Statement Instructions and the
			 National Association of Insurance Commissioners Accounting Practices and
			 Procedures Manual. The notes shall include a reconciliation of differences, if
			 any, between the audited statutory financial statements and the annual
			 statement filed pursuant to section
			 431:3-302,
			 HRS, and the annual statement filed pursuant to section
			 431:3-301,
			 HRS, with a written description of the nature of these differences;
			 and
(7) The financial statements
			 included in the audited financial report shall be prepared in a form and using
			 language and groupings substantially the same as the relevant sections of the
			 annual statement of the insurer filed with the commissioner, and the financial
			 statement shall be comparative, presenting the amounts as of December 31 of the
			 current year and the amounts as of the immediately preceding December 31. In
			 the first year in which an insurer is required to file an audited financial
			 report, however, the comparative data may be omitted.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 185 - ANNUAL AUDITED FINANCIAL REPORTING › Section 16-185-106 - Qualifications of independent certified public accountant

Current through June, 2024
(a)
			 The commissioner shall not recognize a person or firm as a qualified
			 independent certified public accountant if the person or firm:
(1) Is not in good standing with the American
			 Institute of Certified Public Accountants and in all states in which the
			 accountant is licensed to practice or, for a Canadian or British company, that
			 is not a chartered accountant; or
(2) Has either directly or indirectly entered
			 into an agreement of indemnity or release from liability (collectively referred
			 to as indemnification) with respect to the audit of the insurer.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 185 - ANNUAL AUDITED FINANCIAL REPORTING › Section 16-185-107 - Consolidated or combined audits

Current through June, 2024
An insurer may make written application to the commissioner
				for approval to file audited consolidated or combined financial statements in
				lieu of separate annual audited financial statements if the insurer is part of
				a group of insurance companies that utilizes a pooling or one hundred per cent
				reinsurance agreement that affects the solvency and integrity of the insurer's
				reserves and the insurer cedes all of its direct and assumed business to the
				pool In such cases, a columnar consolidating or combining worksheet shall be
				filed with the report, as follows:
(1)
			 Amounts shown on the consolidated or combined audited financial report shall be
			 shown on the worksheet;
(2) Amounts
			 for each insurer subject to this section shall be stated separately;
(3) Noninsurance operations may be shown on
			 the worksheet on a combined or individual basis;
(4) Explanations of consolidating and
			 eliminating entries shall be included; and
(5) A reconciliation shall be included of any
			 differences between the amounts shown in the individual insurer columns of the
			 worksheet and comparable amounts shown on the annual statements of the
			 insurers.