reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 101 - VETERINARIANS › Subchapter 10 - ORAL TESTIMONY › Section 16-101-43 - Oral testimony

Current through June, 2024
(a) The board shall
				accept oral testimony on any item which is on the board's agenda, provided that
				the testimony shall be subject to the following conditions:
(1) Each person seeking to present oral
				testimony shall so notify the board not later than forty-eight hours prior to
				the meeting, and at that time shall state the item on which testimony is to be
				presented;
(2) The board may
				request that any person providing oral testimony submit the remarks, or a
				summary of the remarks, in writing to the board;
(3) The board may rearrange the items on the
				agenda for the purpose of providing for the most efficient and convenient
				presentation of oral testimony;
(4)
				Persons presenting oral testimony shall identify themselves and the
				organization, if any, that they represent at the beginning of the
				testimony;
(5) The board may limit
				oral testimony to a specified time period but in no case shall the period be
				less than five minutes, and the person testifying shall be informed prior to
				the commencement of the testimony of the time constraints to be imposed;
				and
(6) The board may refuse to
				hear any testimony which is irrelevant, immaterial, or unduly repetitious to
				the agenda item on which it is presented.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 104 - UNIFORM LAND SALES PRACTICES › Subchapter 1 - GENERAL PROVISIONS › Section 16-104-1 - Objective

Current through June, 2024
This chapter is intended to clarify and implement chapter
				  484, Hawaii Revised Statutes, to the end that the provisions thereunder may
				  best be effectuated and the public interest most effectively
				  served.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 104 - UNIFORM LAND SALES PRACTICES › Subchapter 1 - GENERAL PROVISIONS › Section 16-104-2 - Definitions

Current through June, 2024
Definitions of terms found in section
				  484-1, HRS, shall be
				  adopted by reference. In addition, the following definitions shall be
				  included:
"Current financial statement" means the balance sheet,
				  income statement, and any other financial reports as deemed appropriate by the
				  director for the most recent fiscal year.
"Director" means the director of commerce and consumer
				  affairs.
"Material change" means any change which either renders the
				  information contained in the application or public offering statement
				  misleading or which substantively affects the rights and obligations of a
				  purchaser or a prospective purchaser of a subdivision lot, such as, but not
				  limited to change in the nature or usage of the subdivision, or change in the
				  underlying encumbrances or restrictive covenants.
"Public offering statement" means a statement that fully and
				  accurately discloses the physical characteristics of the subdivided lands
				  offered and all unusual or material circumstances or features affecting the
				  subdivided lands. The statement shall incorporate the requirements of section
				  484-6,
				  HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 104 - UNIFORM LAND SALES PRACTICES › Subchapter 2 - APPLICATIONS FOR REGISTRATION OR EXEMPTION › Section 16-104-8 - Forms and instructions

Current through June, 2024
(a) An application
				for registration or exemption shall not be accepted by the director unless it
				contains complete information called for in the application form and any filing
				instructions.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 104 - UNIFORM LAND SALES PRACTICES › Subchapter 2 - APPLICATIONS FOR REGISTRATION OR EXEMPTION › Section 16-104-9 - Filing required

Current through June, 2024
Unless the subdivided lands or the transaction is exempt by
				  section
				  484-3,
				  HRS, and as provided in section
				  16-104-12, filing of an
				  application for registration or exemption is required of all real estate
				  subdivisions located in the State or elsewhere offered for sale in the State
				  where land is divided or proposed to be divided into two or more lots, parcels,
				  units, or interests and also includes any land whether contingent or not if two
				  or more lots, parcels, units, or interests are offered as a part of a common
				  promotional plan of advertising and sale. An application is filed when it is
				  received in the office of the director.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 104 - UNIFORM LAND SALES PRACTICES › Subchapter 2 - APPLICATIONS FOR REGISTRATION OR EXEMPTION › Section 16-104-10 - Application for registration

Current through June, 2024
(a) An application
				for registration shall contain the documents and information required under
				section
				484-5,
				HRS, and:
(1) A current financial statement
				of the subdivider prepared according to generally accepted accounting
				principles and properly notarized, or the most current audited financial report
				prepared by a certified public accountant which shall be not more than twelve
				months old. Any false or fraudulent financial statement or report submitted by
				the subdivider may be grounds for rejection or revocation of
				registration;
(2) A statement that
				the subdivider has not, or if a corporation, its officers, directors, and
				principals, or if a partnership, the general partners have not been convicted
				of a crime involving land dispositions or any aspect of land sales business in
				the United States or foreign country within the past ten years or has not been
				subject to any injunction or administrative order within the past ten years
				restraining a false or misleading promotional plan involving land
				dispositions;
(3) If federal
				registration is required, the date of registration (date of filing if pending
				registration) and a copy of the "Statement of Record";
(4) A letter of preliminary or final
				subdivision approval, or both, from the county or other appropriate
				jurisdictions;
(5) The name,
				address, and phone number of the subdivider's representative or real estate
				agent in Hawaii; and
(6) A
				description of a road maintenance fund or any other maintenance fund that may
				have been established by the developer.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 104 - UNIFORM LAND SALES PRACTICES › Subchapter 2 - APPLICATIONS FOR REGISTRATION OR EXEMPTION › Section 16-104-11 - Application for section 484-10(g), HRS, exemption

Current through June, 2024
(a) All
				applications for section
				484-10(g),
				HRS, exemption shall contain the following documents and information:
(1) A statement of the condition of the title
				to the subdivided lands including encumbrances as of a specified date within
				thirty days of the date of application by a title report prepared by a
				qualified title company, or by other evidence of title acceptable to the
				director;
(2) Copies of the
				instruments which shall be delivered to a purchaser to evidence the purchaser's
				interest in the subdivided lands and of the contracts and other agreements
				which a purchaser shall be required to agree to or sign;
(3) If there is a lien or encumbrance
				affecting any lot, parcel, unit, or interest, a statement of the consequences
				for a purchaser of failure to discharge the lien or encumbrance and the steps,
				if any, taken to protect the purchaser in case of this eventuality;
(4) A statement of the existing provisions
				for access, sewage, disposal, water, and other public utilities in the
				subdivision; a statement for the improvements to be installed, the schedule for
				their completion, and a statement as to the provisions for improvement
				maintenance;
(5) A narrative
				description of the promotional plan for the disposition of the subdivided lands
				together with copies of all advertising material which have been prepared for
				public distribution by any means of communication;
(6) A statement that the subdivider has not,
				or if a corporation, its officers, directors, and principals, or if a
				partnership, the general partners have not been convicted of a crime involving
				land dispositions or any aspect of land sales business in the United States or
				foreign country within the past ten years or has not been subject to any
				injunction or administrative order within the past ten years restraining a
				false or misleading promotional plan involving land dispositions;
(7) A letter of preliminary or final
				subdivision approval, or both, from the county or other appropriate
				jurisdictions;
(8) For application
				for preliminary order of exemption, an executed copy of the escrow agreement
				between the developer and a bank, savings and loan association, trust company
				authorized to do business in Hawaii under an escrow arrangement, or a
				corporation licensed as an escrow depository under chapter
				449, HRS, and a copy of a receipt for
				a written notice of a purchaser's right to rescind a contract within seven days
				after signing a contract, without penalty to the purchaser; and
(9) The name, address, and phone number of
				the subdivider's representative or real estate agent in Hawaii.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 104 - UNIFORM LAND SALES PRACTICES › Subchapter 2 - APPLICATIONS FOR REGISTRATION OR EXEMPTION › Section 16-104-12 - Notice of section 484-3, HRS, exemption

Current through June, 2024
(a) All notices of
				section
				484-3,
				HRS, exemption shall contain the following documents and information:
(1) The subdivider's name, address, and phone
				number;
(2) The name and location
				of the subdivision; and
(3) A
				statement and explanation of the specific exemption being applied for, pursuant
				to section
				484-3,
				HRS, with appropriate documents, including but not limited to, a legal
				description of the subdivided lots, together with a map showing the division
				proposed or made, and a letter of subdivision approval from the county or other
				jurisdiction which requires subdivision approval.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 104 - UNIFORM LAND SALES PRACTICES › Subchapter 2 - APPLICATIONS FOR REGISTRATION OR EXEMPTION › Section 16-104-13 - Notice of filing

Current through June, 2024
(a) A notice of
				filing shall be issued by the director:
(1)
				Upon receipt of an application for registration or section
				484-10(g),
				HRS, exemption in proper form with all required documents and information
				requested; and
(2) When the
				applicant has paid to the director the proper registration or section
				484-10(g),
				HRS, exemption fee and advanced the inspection expenses set forth in section
				484-20,
				HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 104 - UNIFORM LAND SALES PRACTICES › Subchapter 3 - ADVERTISEMENTS › Section 16-104-19 - Advertisement materials

Current through June, 2024
(a) The advertising
				material and the general promotional plan shall not be false or misleading and
				shall afford full and fair disclosure.
(b) No advertisements, promotional brochures,
				circulars, pamphlets, handouts, or other materials shall be published or used
				by the developer or real estate agents unless a copy has been previously filed
				with the director at least seven days prior to its publication or
				use.
(c) No radio or television
				advertisements or any standard verbal presentation shall be used by the
				developer or real estate agents unless copies of verbatim scripts have been
				previously filed with the director at least seven days prior to its
				use.
(d) Any audio-visual material
				used in connection with a sales presentation of a subdivision shall be produced
				for examination upon the director's request.
(e) Whenever a statement is made to the
				effect that the subdivision is registered with the department of commerce and
				consumer affairs, the following statement shall also be included:
"REGISTRATION DOES NOT MEAN APPROVAL OR DISAPPROVAL OF THE
				  SUBDIVISION."
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 104 - UNIFORM LAND SALES PRACTICES › Subchapter 4 - PUBLIC OFFERING STATEMENT › Section 16-104-25 - Format

Current through June, 2024
(a) The proposed public offering statement
				submitted to the director shall include the following information:
(1) Name and address of subdivider;
(2) Description of land, which includes the
				location, number of lots, area of the lots, size of lots, total area of
				subdivision, and tax map key number;
(3) Ownership of land;
(4) Type of interest to be conveyed to
				purchaser;
(5) Type of instrument
				to be used for conveyance;
(6)
				Existing zoning regulations, including land use classification and general
				plan;
(7) Use for which the
				property is offered;
(8)
				Encumbrances, easements, liens, restrictions;
(9) Current real property taxes, special
				taxes or assessments;
(10)
				Description of roads, existing and proposed;
(11) Description of water supply, existing
				and proposed;
(12) Elevation of the
				land;
(13) Soil conditions -
				drainage;
(14) Availability of
				sewage disposal facilities, including estimated cost to bring service to
				lot;
(15) Exposures to natural
				hazards; e.g., earthquakes, floods, tidal waves, volcano, forest fires, slides,
				etc.;
(16) Date of completion and
				responsibility for construction and maintenance of existing and proposed
				improvements;
(17) Electricity,
				telephone and gas, including estimated cost to bring service to lot;
(18) Type of mail service;
(19) Fire and police protection;
(20) Public transportation;
(21) Schools;
(22) Shopping facilities;
(23) Hospitals or medical
				facilities;
(24) Terms and
				provisions of sale;
(25) Existing
				or proposed association of lot owners that purchasers shall be required to
				join;
(26) Name and address of
				company contracted for escrow or trust agreement;
(27) Description of a road maintenance fund,
				if applicable;
(28) Representative
				or real estate agent in Hawaii; and
(29) Name and address of agency to receive
				service (out-of-state applicants only).
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 104 - UNIFORM LAND SALES PRACTICES › Subchapter 4 - PUBLIC OFFERING STATEMENT › Section 16-104-26 - Issuance to purchasers and prospective purchasers

Current through June, 2024
(a) Copies
				of the current public offering statement shall be delivered to purchasers and
				prospective purchasers.
(b)
				Delivery of the public offering statement shall be evidenced by a signed
				receipt by the purchaser or prospective purchaser.
(1) The receipt for public offering statement
				shall contain the following information:
(A)
				The Hawaii registration number;
(B)
				The name of the subdivision;
(C)
				The name of the subdivider or agent;
(D) The number of parcel or parcels
				purchased; and
(E) The signature of
				the purchaser or purchasers;
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 104 - UNIFORM LAND SALES PRACTICES › Subchapter 5 - ESCROW AGREEMENT › Section 16-104-32 - Executed copy of escrow agreement

Current through June, 2024
An executed copy of the escrow agreement between the
				  subdivider and a bank, savings and loan association, trust company, or escrow
				  company shall be filed with an application for registration and preliminary
				  exemption pursuant to section
				  484-10(g),
				  HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 104 - UNIFORM LAND SALES PRACTICES › Subchapter 5 - ESCROW AGREEMENT › Section 16-104-33 - Escrow terms

Current through June, 2024
(a) All funds and instruments received from
				purchasers or prospective purchasers shall be held by the escrow agent in
				accordance with chapter
				484, HRS, and this chapter.
(b) The agreement shall comply with the
				requirements of chapter
				484, HRS, and this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 104 - UNIFORM LAND SALES PRACTICES › Subchapter 5 - ESCROW AGREEMENT › Section 16-104-34 - Escrow arrangement

Current through June, 2024
(a) Purchasers'
				monies shall be deposited with the escrow agent; provided that the subdivider
				or its agents may hold the monies, until the expiration of the seven-day
				rescission period or any longer purchaser cancellation period provided in the
				sales contract, if the payment made by the purchaser is in the form of a check
				payable to the escrow agent, and no cash shall be accepted.
(b) Purchasers' monies received by an escrow
				agent shall be deposited in a trust fund with a bank, savings and loan
				association, or trust company authorized to do business under an escrow
				arrangement.
(c) The subdivider
				shall establish a mechanism by which the purchaser shall receive and sign a
				receipt for a written notice of a seven-day period rescission right pursuant to
				section
				484-8.7
				or
				484-8.6(b) or
				(c), HRS, and the receipt deposited with the
				escrow agent.
(d) Upon notification
				of a purchaser's exercise of rescission right, the escrow agent shall
				immediately refund any monies paid by the purchaser and the purchaser shall be
				released from the purchaser's obligations under the sales contracts.
(e) The escrow agent shall not disburse
				purchasers' monies to the subdivider until the director enters a final order
				registering the subdivision or exempting the subdivision pursuant to section
				484-10(g),
				HRS, and the director determines that the requirements of sections
				484-8.7,
				484-8.6(b) and
				(c), HRS, have been met.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 104 - UNIFORM LAND SALES PRACTICES › Subchapter 6 - ANNUAL REPORT › Section 16-104-40 - Form and instructions

Current through June, 2024
(a) The subdivider
				shall file with the director an annual report prepared in accordance with and
				containing the information called for in the annual report form provided by the
				director, or any instructions which may be required by the director with
				respect to filing.
(b) The annual
				report shall specify, in detail, material changes in information contained in
				the original application for registration, and shall also include information
				such as the number of parcels sold, the number of agreement of sale or deeds
				delivered, and the number of parcels remaining unsold. A current financial
				statement of the subdivider shall also be attached to the report.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 104 - UNIFORM LAND SALES PRACTICES › Subchapter 7 - ROAD MAINTENANCE FUND › Section 16-104-47 - Creation of road maintenance funds

Current through June, 2024
(a) The application
				for registration and the public offering statement shall include a complete
				description of any fund which is created to provide for the maintenance of
				roads within the subdivision. This description shall include the following
				information:
(1) A description of the method
				by which decisions are made about the use of such funds, including what voting
				rights each property owner has, whether a property owner must join a community
				association or similar organization in order to vote, whether there are any
				other conditions which must be met prior to exercising the right to vote, and
				how much each owner must pay to the fund and how often; and
(2) A description of how the funds will be
				managed and by whom, where the funds will be deposited and whether the funds
				will be federally insured in that depository, whether interest will be earned
				on deposit and what kind of reports on the funds will be made to property
				owners.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 104 - UNIFORM LAND SALES PRACTICES › Subchapter 8 - PRACTICE AND PROCEDURES › Section 16-104-53 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure shall be as provided in
				  chapter 16-201, the rules of practice and procedure of the department of
				  commerce and consumer affairs, which are incorporated by reference and made a
				  part of this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 104 - UNIFORM LAND SALES PRACTICES › Subchapter 8 - PRACTICE AND PROCEDURES › Section 16-104-54 - Rejection of application; hearing

Current through June, 2024
Any subdivider whose application for registration or
				  exemption pursuant to section
				  484-10(g),
				  HRS, has been rejected by the director, shall be entitled to a hearing upon
				  filing if the subdivider files a petition for reconsideration within twenty
				  days of the order of rejection.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 104 - UNIFORM LAND SALES PRACTICES › Subchapter 8 - PRACTICE AND PROCEDURES › Section 16-104-55 - Proceedings upon petition for reconsideration

Current through June, 2024
If a petition for reconsideration is filed within the time
				  prescribed, the director shall order a hearing upon notice, which shall be
				  conducted in accordance with the provisions of chapter 16-201, relating to
				  contested cases.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 104 - UNIFORM LAND SALES PRACTICES › Subchapter 8 - PRACTICE AND PROCEDURES › Section 16-104-56 - Proceedings for cease and desist orders, and revocation

Current through June, 2024
If, after investigation, the director determines possible
				  violations of chapter
				  484, HRS, or this chapter, the
				  director shall order a hearing upon notice, which shall be conducted in
				  accordance with the provisions of chapter 16-201, relating to contested
				  cases.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 1 - GENERAL PROVISIONS › Section 16-106-1 - Objective

Current through June, 2024
This chapter is intended to clarify and implement chapter
				  514E, Hawaii Revised Statutes, to the end that the provisions thereunder may
				  best be effectuated and the public interest most effectively
				  served.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 1 - GENERAL PROVISIONS › Section 16-106-2.5 - Conduct

Current through June, 2024
(a) To fully protect the general public in
				its time share transactions, every registrant shall conduct business in
				accordance with this section.
(b)
				The registrant shall protect the public against fraud, misrepresentation, or
				unethical practices in the time share industry. The registrant shall endeavor
				to eliminate any practices in the community which could be damaging to the
				public or to the dignity and integrity of the time share industry. The
				registrant shall assist the director in its efforts to regulate the practices
				of the time share industry in this State.
(c) The registrant shall ascertain and
				disclose all material facts concerning every time share interest so that the
				registrant may fulfill its obligation to avoid error, misrepresentation, or
				concealment of material facts.
(d)
				The registrant shall not be a party to the naming of a false consideration in
				any document, unless it be the naming of an obviously nominal
				consideration.
(e) The registrant
				shall recommend that title be examined, survey be conducted, or legal counsel
				be obtained when the interest of either party requires it.
(f) The registrant, for the protection of all
				parties with whom the registrant deals, shall see that financial obligations
				and commitments regarding time share transactions are in writing, expressing
				the exact agreements of the parties, and that copies of those agreements, at
				the time they are executed, are placed in the hands of all parties
				involved.
(g) Violation of any part
				of this chapter by a registrant or resale agent may be cause for revocation or
				suspension of a registration of that registrant or resale agent.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 2 - REGISTRATION REQUIREMENTS › Section 16-106-4.4 - Resale agent disclosure requirement

Current through June, 2024
The resale agent shall give prospective purchasers of a
				  resale time share interest a copy of the time share plan's latest disclosure
				  statement on file with the director. If the resale agent is not the party who
				  filed the most recent disclosure statement, the resale agent shall attach to
				  the disclosure statement the following statement: "This is the most recent
				  disclosure statement filed by the developer of this time share plan or by the
				  developer's agent. It is not a disclosure statement filed by the resale
				  agent."
(1) Notice of any liens, title
				defects, or encumbrances on or affecting the resale time share interest being
				sold;
(2) Any restraints in the
				transfer of the purchaser's resale time share interest in the time share
				plan;
(3) The dues, maintenance
				fees, and real property taxes for the current year, and any additional charges
				or periodic expenses to which the purchaser may be subject;
(4) Notice of any pending or anticipated
				suits that are material to the resale time share interest or time share plan;
				and
(5) Any other information
				required to be disclosed by real estate licensees pursuant to chapter
				467, HRS, and chapter 99, Hawaii
				Administrative Rules.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 2 - REGISTRATION REQUIREMENTS › Section 16-106-4.5 - Resale agent registration requirement

Current through June, 2024
(a) A resale agent
				shall not sell or offer to sell any resale time share interest unless the
				resale agent submits an application for registration to the director and the
				application is accepted for registration; provided that no application shall be
				deemed complete, nor shall the same be accepted for registration, unless the
				prescribed information is provided separately tabbed and numbered in the exact
				order as follows:
(1) An application for
				registration on a form prescribed by the director;
(2) Evidence that the resale agent is
				currently licensed pursuant to chapter
				467, HRS, as a real estate
				broker;
(3) An alphabetized list of
				the names, addresses, and telephone numbers of all employees and independent
				contractors who will be engaged in offering or selling resale time share
				interests, as well as evidence that each of these individuals is:
(A) Currently licensed pursuant to chapter
				467, HRS, as a real estate salesperson or broker;
(B) Currently registered as a time share
				sales agent employee/independent contractor;
(C) Currently registered as an outside public
				contact, if applicable.
(4) A specimen copy of the contract of sale
				to be used in connection with the sale of resale time share
				interests;
(5) A copy of the
				executed escrow agreement meeting the requirements of chapter
				514E, HRS, and as provided for in
				subchapter
				9;
(6) The name and address of the person in the
				State authorized to receive service of process on behalf of the resale agent;
				provided that written notification of any change of this name shall be
				submitted to the director within twenty days of any changes;
(7) If a corporation, partnership, or joint
				venture, a certificate of good standing issued by the business registration
				division of the department not more than thirty days before the date of
				submission of the application;
(8)
				A completed specimen copy of the notice of mutual right of cancellation of time
				share purchase prescribed in section 16-106-20(c);
(9) A copy of the disclosure statement
				required by section 16-106-4.4;
(10) A specimen copy of the deed, lease, or
				other instrument to be used to convey the resale time share interest to the
				purchaser; and
(11) The
				registration fee.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 2 - REGISTRATION REQUIREMENTS › Section 16-106-4.6 - Purchaser protections required for resales by developer

Current through June, 2024
(a)
				Any developer who reacquires a time share interest and resells the same shall
				meet and adhere to all sales registration requirements under chapter
				514E, HRS; provided that the
				reacquired time share interest need not be re-registered if the same has
				previously been registered and there has been no material changes in the status
				of the time share program. For the purposes of this section, the term
				"reacquired time share interest" shall mean that the time share interest was
				previously sold by or through the developer and reacquired by the developer
				through foreclosure, repurchase, or other means whereby title to that interest
				becomes vested in the developer or the developer's agent.
(b) Any developer who resells reacquired time
				share interests without conforming to the requirements of chapter
				514E, HRS, and this chapter shall be
				subject to the sanctions provided by chapter
				514E, HRS, and this
				chapter.
(c) The developer must
				notify the department of its intention to sell reacquired time share interests
				on a form prescribed by the director which shall include, but not be limited
				to, the following:
(1) The name of the time
				share plan under which the reacquired time share interest was previously
				registered;
(2) The unit number of
				the reacquired time share interest; and
(3) The number of interests being offered for
				sale in each unit.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 2 - REGISTRATION REQUIREMENTS › Section 16-106-5 - Responsible managing employee; designation, duties, and change

Current through June, 2024
(a) No application of a corporate developer,
				corporate acquisition agent, corporate sales agent, corporate plan manager, or
				corporate exchange agent shall be accepted unless the corporation has
				designated a responsible managing employee (RME) and prescribed the RME's
				duties, responsibilities, and obligations with respect to the corporation's
				time share operation.
(b) The RME
				shall be responsible for the direct management of the corporation's affairs
				with respect to the corporation's time share operation. The RME shall not be
				deemed to have the direct management of the corporation's time share operation
				unless the RME:
(1) Is a bona fide employee
				of the corporation and has direct control, supervision, and management of the
				corporation's time share operation;
(2) Has full knowledge and control of the
				corporation's accounting practices;
(3) Has full knowledge and control over the
				moneys belonging to and in the custody of the corporation in connection with
				the time share operation; and
(4)
				Has full access to all books, records, and documents materially relative to the
				corporation's part in the time share operation, whether these materials are
				kept in the State or out-of-state.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 2 - REGISTRATION REQUIREMENTS › Section 16-106-6 - Copy of disclosure statement to be given to prospective purchasers

Current through June, 2024
(a) A prospective purchaser of any interest
				or interests in a time share plan shall, before signing a sales contract, be:
(1) Provided with a copy of the disclosure
				statement which shall be a true, accurate, and complete reproduction or
				printing of the statement filed with and accepted by the director;
				and
(2) Given an opportunity to
				read the statement.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 2 - REGISTRATION REQUIREMENTS › Section 16-106-7 - Issuance of registration number

Current through June, 2024
(a) The director
				shall issue a registration number for each time share plan in consecutive order
				of acceptance of the plan for registration pursuant to section
				514E-10(a),
				HRS, and section 16-106-4(a). The registration number and the date of
				acceptance of the plan shall be printed on the upper right-hand corner of the
				face page of the disclosure statement.
(b) The director shall issue a registration
				number to each acquisition agent, sales agent, OPC, plan manager, and exchange
				agent in consecutive order of acceptance of the registration application
				submitted by each applicant pursuant to section
				514E-10(b)
				to (e), HRS, and section 16-106-4(b) to
				(e).
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 2 - REGISTRATION REQUIREMENTS › Section 16-106-8 - Filing names of employees and independent contractors for acquisition agent and sales agent registration

Current through June, 2024
(a) In accordance
				with the requirements of section 16-106-4(b) and (c), an acquisition agent and
				sales agent shall submit to the director an alphabetized list of the names,
				addresses, and telephone numbers of all employees and independent contractors
				who will be engaged in selling interests in the time share plan or in
				contacting persons who may be interested in purchasing these time share
				interests.
The director shall not approve any employee or independent
				  contractor who is not of good character and who does not possess a reputation
				  for honesty, truthfulness, and fair dealing.
(b) The director shall, upon registration,
				issue a pocket identification card to each employee or independent contractor
				acting as an OPC, which shall be kept in the possession of the employee or
				independent contractor at all times.
(c) Acquisition agents and sales agents shall
				keep on file a list of names of all current employees and independent
				contractors, including their mailing addresses, and a list of the names and
				addresses of all previous employees and independent contractors whose
				employment or services as an independent contractor have been terminated within
				the preceding two years.
(d)
				Acquisition agents and sales agents shall notify the director in writing of any
				personnel changes within twenty days of such change. Failure to notify the
				director of any personnel changes shall be grounds for cancellation,
				suspension, or revocation of a registration.
(e) This section shall not apply to clerical
				or administrative personnel who have no contact with the public.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 2 - REGISTRATION REQUIREMENTS › Section 16-106-8.1 - Rejection by the director

Current through June, 2024
(a) The director
				shall reject a developer, sales agent, or acquistion agent's application for
				registration if the director finds that the applicant does not possess a
				history of honesty, truthfulness, and fair dealing. A rebuttable presumption
				that the developer, sales agent, or acquisition agent does not possess a
				history of honesty, truthfulness, or fair dealing shall arise if the applicant
				has:
(1) Been convicted of, or has pleaded
				nolo contendere to, any crime involving an act of fraud or
				dishonesty;
(2) Consented to or
				suffered a judgment in any civil or administrative action based upon conduct
				involving an act of fraud or dishonesty;
(3) Consented to or suffered any indictment,
				formal investigation, examination, or civil or administrative proceedings that
				resulted in any agreements, undertakings, consents, or orders being issued by
				any federal or state court; any department, agency, or commission of the United
				States government; any state or municipality; any self-regulatory trade or
				professional organization; or any foreign government or governmental entity
				which involves an act of fraud or dishonesty;
(4) Consented to or suffered the suspension
				or revocation of any professional, occupational, or vocational license based
				upon conduct involving an act of fraud or dishonesty;
(5) Knowingly made or caused to be made in
				any application or report filed with the director, or in any proceeding before
				the director, any written or oral statement which was at the time and in light
				of the circumstances under which it was made false or misleading with respect
				to material fact;
(6) Wilfully
				omitted to state a material fact with respect to information furnished or
				requested in connection with an application;
(7) Wilfully committed any violation of, or
				has wilfully aided, abetted, counseled, commanded, induced, or procured the
				violation by any other person of any provision of state law or rule;
(8) Been involved in unlicensed
				activity;
(9) Been the subject of a
				series of complaints in this state or other jurisdictions; or
(10) Violated bonding requirements in this
				State or in other jurisdictions.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 2 - REGISTRATION REQUIREMENTS › Section 16-106-9 - Denial of registration

Current through June, 2024
In the event the director denies the registration of a
				  developer, acquisition agent, sales agent, OPC, plan manager, or exchange
				  agent, the director shall notify the applicant by letter of the director's
				  action which shall include a concise statement of the reasons therefor and if
				  the applicant is entitled to a hearing, a statement informing the applicant of
				  the right to a hearing if the applicant so desires.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 2 - REGISTRATION REQUIREMENTS › Section 16-106-10 - Demand for a hearing

Current through June, 2024
Any developer, acquisition agent, sales agent, OPC, plan
				  manager, or exchange agent whose registration has been denied by the director,
				  shall be entitled to a hearing; provided that a demand for a hearing is filed
				  with the director within sixty days of the date of the letter informing the
				  applicant of the denial of registration; and provided further that this section
				  shall not apply to a denial based on the failure to file an application within
				  the period provided by this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 2 - REGISTRATION REQUIREMENTS › Section 16-106-11 - Proceedings upon demand for hearing

Current through June, 2024
If a demand for a hearing is filed within the time
				  prescribed, the director shall order a hearing pursuant to chapters
				  91 and
				  92, HRS, and chapter 16-201, the
				  administrative practice and procedure rules of the
				  department.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 3 - PLAN MANAGER › Section 16-106-12 - Plan manager or RME of plan manager designated for time share plan

Current through June, 2024
(a) All time share plans shall have a
				designated plan manager.
(b) Each
				time share plan which is comprised of any unit or units located in the State
				shall have a plan manager or an RME of the plan manager in the State, whether
				or not the plan is offered for sale in the State or out-of-state.
(c) A plan manager may manage one or more
				time share plans; provided that the plan manager applies for and is accepted
				for registration by the director with respect to each plan.
(d) A plan manager's duties,
				responsibilities, and obligations shall include, but not be limited to:
(1) Management and maintenance of the time
				share units;
(2) Assessment and
				collection of maintenance fees;
(3)
				Payment of real property taxes due on the time share units;
(4) Supervision of occupancy scheduling so
				that time share unit owners or users will be provided with the promised use of
				time share units;
(5) Providing
				time share owners and users with a copy of the house rules of the
				building;
(6) Supervision of
				enforcement of the house rules;
(7)
				Keeping of a detailed and accurate record, in chronological order, of receipts
				and expenditures;
(8) Providing the
				time share owners with a statement of receipts and expenditures which shall
				include but not be limited to:
(A) Management
				fees paid;
(B) Total compensation
				paid to the board of directors; and
(C) Amount of reserves set aside for
				refurbishment, or if no refurbishment account, the reasons therefor.
(9) Providing that the minutes of
				the board of directors and association meetings, and the association's
				financial statements be available for examination by time share owners at
				convenient hours at a place designated by the association; and
(10) Providing that the minutes of meetings
				and association financial statements be mailed to any time share owner upon
				such owner's request. A reasonable fee may be charged to defray any
				administrative or duplicating cost.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 4 - NOTIFICATION OF CHANGES IN DISCLOSURE STATEMENT › Section 16-106-16 - Material change in disclosure statement

Current through June, 2024
(a) A developer
				shall notify the director in writing of any material change or changes in the
				disclosure statement for the developer's time share plan.
(b) A developer shall amend or supplement the
				disclosure statement by submitting to the director a supplemental disclosure
				statement which shall specify, in detail, the material change or changes which
				have occurred, within twenty days after the material change or changes become
				known to the developer.
(c) Upon
				acceptance of the supplemental disclosure statement by the director, a true,
				accurate, and complete copy of the statement shall be given to each purchaser
				adversely affected by the material change or changes and to each prospective
				purchaser. A receipt from each purchaser and prospective purchaser shall be
				obtained and filed as provided in section 16-106-6(b). The developer shall not
				be in violation of this chapter if the purchaser fails to return the receipt
				and the developer is able to verify that a statement was sent to the
				purchaser.
(d) The director may
				independently determine that a material change has occurred and require the
				developer to prepare a supplemental disclosure statement disclosing the
				material change or changes in a form approved by the director.
(e) Where the purchaser has received title by
				instrument of record in the sale of an interest in an ownership plan, the
				developer is under no obligation to give the purchaser a supplemental
				disclosure statement.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 5 - CANCELLATION OF CONTRACT › Section 16-106-20 - Mutual right to cancel contract

Current through June, 2024
(a) A developer or
				purchaser may cancel the contract to purchase an interest or interests in a
				time share plan by giving the other party written notification within seven
				calendar days after execution of the sales contract or after the purchaser's
				receipt of the disclosure statement for the time share plan, whichever occurs
				later. The notice of cancellation shall be effective upon mailing or delivery
				to the other party at the address specified on the contract.
(b) Within fifteen business days after the
				date the notice of cancellation of the contract is received, the seller shall
				return all payments made by the purchaser and the purchaser shall return in
				good condition all materials received, reasonable wear and tear excepted;
				provided that if these materials are not returned, the developer may deduct the
				reasonable value of the same not to exceed $25 and return the balance to the
				purchaser.
(c) A developer or sales
				agent shall furnish each purchaser at the time the contract for purchase of an
				interest or interests in a time share plan is signed the following cancellation
				notice prepared in ten point bold face type:
NOTICE OF MUTUAL RIGHT OF
CANCELLATION OF
TIME SHARE PURCHASE
___________________
Date contract signed
___________________
Date disclosure statement received
YOU OR THE DEVELOPER MAY CANCEL THIS TRANSACTION WITHIN
				  SEVEN (7) CALENDAR DAYS AFTER EXECUTION OF THE CONTRACT OR AFTER YOUR RECEIPT
				  OF THE TIME SHARE DISCLOSURE STATEMENT, WHICHEVER OCCURS LATER, AND YOU SHALL
				  BE ENTITLED TO A REFUND WITHIN FIFTEEN (15) BUSINESS DAYS AFTER THE DATE THE
				  NOTICE OF CANCELLATION IS RECEIVED. YOU ARE REQUIRED WITHIN FIFTEEN (15)
				  BUSINESS DAYS AFTER YOU SEND THIS CANCELLATION NOTICE TO THE DEVELOPER, TO
				  RETURN TO THE DEVELOPER ALL SALES MATERIALS (SUCH AS YOUR SALES CONTRACT,
				  DISCLOSURE STATEMENT, ETC.), IN GOOD CONDITION, REASONABLE WEAR AND TEAR
				  EXCEPTED. IF YOU DO NOT RETURN THESE MATERIALS BY THIS DATE, THEN THE DEVELOPER
				  IS ENTITLED TO DEDUCT UP TO $25 FROM YOUR REFUND.
--------------------------------------------------------------------------------------------------
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND
				  DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A
				  TELEGRAM TO
________________,at________________,
Name of seller Address of seller
NO LATER THAN MIDNIGHT OF__________.
---------------------------------------------------------------------------------------------------
I HEREBY CANCEL THIS TRANSACTION.
__________________
Purchaser's signature
__________________
Date
__________________
Purchaser's signature
The developer or sales agent shall complete all of the
				  information required in the notice of cancellation, except for the date of
				  cancellation and purchaser's signature.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 5 - CANCELLATION OF CONTRACT › Section 16-106-21 - Purchaser's right to void contract

Current through June, 2024
The right to cancel a contract of purchase pursuant to
				  section 16-106-20 does not preclude the
				  purchaser from seeking appropriate relief from the contract in any court of
				  competent jurisdiction.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 106 - TIME SHARING › Subchapter 5 - CANCELLATION OF CONTRACT › Section 16-106-22 - Retention of copy of contract

Current through June, 2024
A copy of the contract for each sale of an interest or
				  interests in a time share plan shall be retained by the developer for a period
				  of at least one year after the parties to the contract have completely
				  performed all of their respective obligations under the
				  contract.