reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 25 - TIMEKEEPER-AMATEUR SHOWS › Section 16-74-400 - Knockout

Current through June, 2024
If the boxer is ready to continue the contest before the
				  referee has counted ten, the contest shall be continued. After the referee has
				  counted ten, the contest shall be decided by the knockout.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 25 - TIMEKEEPER-AMATEUR SHOWS › Section 16-74-401 - Rounds

Current through June, 2024
The round begins at the signal of the timekeeper (gong or
				  bell). A competitor failing to resume boxing after the rest between rounds, or
				  who has been down for an interval of ten seconds, shall lose the
				  contest.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 26 - ANNOUNCER-AMATEUR SHOWS › Section 16-74-405 - Officials announced

Current through June, 2024
The announcer shall announce the names of the referee,
				  judges and timekeeper when the competitions are about to begin, also all
				  changes made either in the referee, judge or timekeeper as the tournament
				  progresses, so that the audience will know who the officials are for each
				  contest.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 26 - ANNOUNCER-AMATEUR SHOWS › Section 16-74-406 - Contestants announced

Current through June, 2024
The announcer shall announce the names of all contestants,
				  the weight of the class in which they are competing, the club they represent
				  and the decisions of the judges and referee.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 27 - SECONDS-AMATEUR SHOWS › Section 16-74-409 - Number

Current through June, 2024
Each competitor shall have one licensed second, and he may
				  have one assistant second who need not be licensed. A coach or handler of
				  amateur boxers who is not a licensed second or manager shall secure a seconds
				  license.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 27 - SECONDS-AMATEUR SHOWS › Section 16-74-410 - Coaching

Current through June, 2024
During the boxing period, no assistance, advice or
				  encouragement shall be given a boxer by his seconds. All seconds shall remain
				  seated and quiet. Any second who violates these rules may be ejected from the
				  ring corner and in addition his principal may be disqualified by the
				  referee.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 27 - SECONDS-AMATEUR SHOWS › Section 16-74-411 - Chief

Current through June, 2024
The chief second, if he considers his principal beaten and
				  in danger of being injured through a continuation of the contest, may throw in
				  a towel in token of accepting defeat. He shall then immediately enter the ring,
				  thus accepting responsibility for stopping the bout and automatically
				  disqualifying the boxer under his charge.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 27 - SECONDS-AMATEUR SHOWS › Section 16-74-412 - Seconds out

Current through June, 2024
Fans may be used between rounds. The swinging of towels is
				  prohibited. Seconds shall leave the ring enclosure at least ten seconds before
				  the beginning of each round. They shall leave the ring platform and remove all
				  obstructions, such as buckets and stools, promptly when the gong sounds for the
				  beginning of each round.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 27 - SECONDS-AMATEUR SHOWS › Section 16-74-413 - Rules

Current through June, 2024
Any licensed second who breaks an amateur boxing rule or
				  advises a registered boxer to do so, shall be suspended for sixty days by the
				  commission, or otherwise penalized as the commission may
				  order.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 28 - CONTESTANTS-AMATEUR SHOWS › Section 16-74-416 - Weigh-in

Current through June, 2024
The contestants shall weigh in at the time designated by the
				  commission or its agent and within eight hours before the scheduled time of the
				  show.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 28 - CONTESTANTS-AMATEUR SHOWS › Section 16-74-419 - Weights and divisions

Current through June, 2024
The following weights and divisions shall apply to all
				  tournaments and championship contests for senior amateur boxers:
(1)
Flyweight
112 pounds and under
(2)
Bantamweight
119 pounds and under
(3)
Featherweight
125 pounds and under
(4)
Lightweight
132 pounds and under
(5)
Junior Welterweight
139 pounds and under
(6)
Welterweight
147 pounds and under
(7)
Junior Middleweight
156 pounds and under
(8)
Middleweight
165 pounds and under
(9)
Light Heavyweight
178 pounds and under
(10)
Heavyweight
Over 178 pounds
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 28 - CONTESTANTS-AMATEUR SHOWS › Section 16-74-420 - Weight limits

Current through June, 2024
The following limitations on weights are placed on boxing
				  bouts other than championships and tournaments for senior amateur
				  boxers:
(1)
Between Flyweights (112 lbs)
3 pounds
(2)
Between Bantamweights (119 lbs)
3 pounds
(3)
Between Featherweights (125 lbs)
5 pounds
(4)
Between Lightweights (132 pounds)
5 pounds
(5)
Between Junior Welterweights (139 lbs)
5 pounds
(6)
Between Welterweights (147 lbs)
5 pounds
(7)
Between Junior Middleweights (156 lbs)
7 pounds
(8)
Between Middleweights (165 lbs)
7 pounds
(9)
Between Light Heavyweights (178 lbs)
7 pounds
(10)
Between Heavyweights (over 178 lbs)
No limitation
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 28 - CONTESTANTS-AMATEUR SHOWS › Section 16-74-421 - Drawings in elimination

Current through June, 2024
Have the first preliminary round to reduce the number of
				  competitors to two, four, six, eight, sixteen and so on. (Thus, if there are
				  three competitors, have one preliminary contest to reduce to two; if five, have
				  one contest to reduce to four; if six, have two contests to reduce to four; if
				  seven, have three contests to reduce to four; if nine, have one contest to
				  reduce to eight; if ten, have two contests to reduce to eight; if eleven, have
				  three contests to reduce to eight, and so on.) When the class is brought to a
				  multiple of two, four, eight or sixteen, the contest proceeds regularly to the
				  final contest. The following table of contests and byes shall apply:
No. of Competitors
Contests
Byes
No. of Competitors
Contests
Bye
5
1
3
23
7
9
6
2
2
24
8
8
7
3
1
25
9
7
8
4
--
26
10
6
9
1
7
27
11
5
10
2
6
28
12
4
11
3
5
29
13
3
12
4
4
30
14
2
13
5
3
31
15
1
14
6
2
32
16
--
15
7
1
33
1
31
16
8
--
34
2
30
17
1
15
35
3
29
18
2
14
36
4
28
19
3
13
37
5
27
20
4
12
38
6
26
21
5
11
29
7
25
22
6
10
40
8
24
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 29 - JUDGES-AMATEUR SHOWS › Section 16-74-427 - Scoring

Current through June, 2024
Each judge shall reach his decision without conferring in
				  any manner with any other official or person. The judges shall make out a score
				  card to the best of their knowledge and ability and in accordance with the
				  provisions of these rules. Points for each round shall be awarded immediately
				  after the termination of the round. At the end of the contest a decision shall
				  be written on the score card. The score card shall be signed by each
				  judge.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 29 - JUDGES-AMATEUR SHOWS › Section 16-74-428 - Referee's score

Current through June, 2024
The referee shall score in the same manner as the judges,
				  and his score shall be included with the score of the judges in determining the
				  winner. When three judges are used, the referee does not
				  score.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 29 - JUDGES-AMATEUR SHOWS › Section 16-74-429 - Scoring method

Current through June, 2024
At the end of each round, the better boxer receives twenty
				  points, and his opponent proportionately less. If the round is even, each boxer
				  receives twenty points. No fractions of points can be given. The judge shall
				  award his decision to the boxer, who at the end of the contest, has the highest
				  total, write his decision on the score card, and hand it to the referee or
				  announcer.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 29 - JUDGES-AMATEUR SHOWS › Section 16-74-430 - Decision

Current through June, 2024
A winner shall be declared in all tournaments, but in
				  matched contests where both contestants have an equal number of points, a draw
				  shall be given. If at the end of the contest in tournaments, both boxers have
				  an equal number of points, the judges' decision shall be given to the boxer who
				  has done most of the leading off, or who has shown the better
				  style.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 29 - JUDGES-AMATEUR SHOWS › Section 16-74-431 - Award points

Current through June, 2024
In awarding points the following shall be taken into
				  consideration:
(1) Number of hits.
				Points shall be awarded for direct, clean hits with the knuckle part of the
				closed glove on any part of the front or side of the head or body above the
				belt. Hits on the arms do not count. Backhand blows do not count.
(2) Defense. Credit shall be given for
				successfully avoiding blows, so that the attack of the opponent
				misses.
(3) Tactics. Attacking and
				tactics shall be considered at the end of each round when awarding the points
				for the round.
(4) Fouls. Foul
				blows shall not be counted in awarding points for hits. If the referee warns
				one of the competitors for a foul, the judges shall award points to the other
				competitor.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 30 - PRECAUTIONS-AMATEUR SHOWS › Section 16-74-435 - Physical condition

Current through June, 2024
One of the most important duties of a referee is to observe
				  carefully the physical well-being of a boxer. If a contest becomes too
				  one-sided and one of the contestants is receiving unnecessary punishment by
				  reason of the superiority of the other, or, if in the opinion of the referee,
				  one of the contestants by reason of the punishment which he received, is unable
				  to emerge the victor in a contest, the contest shall be stopped in favor of the
				  superior boxer in order, and only in order, to prevent unnecessary punishment
				  likely to produce great bodily harm or injury.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 30 - PRECAUTIONS-AMATEUR SHOWS › Section 16-74-436 - Bleeding

Current through June, 2024
If a boxer receives an injury causing blood to flow, the
				  contest cannot be interrupted for the purpose of stopping the flow of blood
				  unless, in the opinion of the referee, the injury is such as to render the
				  injured person incapable of going on. If the second cannot stop the bleeding
				  during the one minute rest period, and if in the opinion of the referee, the
				  boxer may be suffering pain which puts him at a physical disadvantage, or is
				  likely to be seriously injured, he should stop the contest without hesitation,
				  notwithstanding the boxer may want to continue. The decision as to whether a
				  boxer is unfit to continue remains exclusively with the referee, who should, if
				  necessary, seek the opinion of the attending physician. The referee has the
				  right, after consideration of the situation, to stop the contest, but at the
				  same time it is his duty to see to it that the injured boxer, or the apparently
				  weaker man, is not robbed prematurely of his chance of
				  victory.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 30 - PRECAUTIONS-AMATEUR SHOWS › Section 16-74-437 - Physician's advice

Current through June, 2024
If the advice of the physician is sought or invited and his
				  advice is that an injured boxer should not continue, the referee shall strictly
				  abide by such opinion and halt the contest and award the contest to the
				  winner.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 30 - PRECAUTIONS-AMATEUR SHOWS › Section 16-74-438 - Judges' opinion

Current through June, 2024
In doubtful cases, where the referee could not see what took
				  place, he may, before deciding, ask the opinion of the judges. In that case the
				  round shall be stopped and the time taken out, and he must immediately demand
				  the opinion of the judges. After having received the opinion of the judges, he
				  shall either stop the contest and announce the result, or immediately cause the
				  round to continue.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 31 - ROUNDS-SENIOR AMATEUR BOXING › Section 16-74-441 - Duration

Current through June, 2024
Senior amateur boxing contests may be held within the State
				  of a limited number of rounds not exceeding four of a duration of not more than
				  two minutes each, and the rest period between each round shall be one minute,
				  or three rounds of a duration of three minutes each and rest period between
				  each round shall be one minute. Amateur clubs shall not schedule less than
				  thirty rounds of boxing for any paid (admission charged) program. Minimum
				  number of bouts for any one program is ten.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 31 - ROUNDS-SENIOR AMATEUR BOXING › Section 16-74-442 - Sanctions

Current through June, 2024
Sanctions shall be granted for contests in tournaments of
				  three rounds of not more than three minutes' duration, or for contests not to
				  exceed four rounds of two minutes' duration. In any case the interval between
				  each round shall be one minute. Amateur championships shall be three rounds of
				  three minutes each.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 31 - ROUNDS-SENIOR AMATEUR BOXING › Section 16-74-443 - Decision

Current through June, 2024
When sanctions are granted for tournaments, the number of
				  rounds to be contested and the duration thereof shall be announced on the entry
				  blank and program. At the conclusion of the last round, the judges and referee
				  must make a decision in favor of one of the contestants, which decision shall
				  be final.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 31 - ROUNDS-SENIOR AMATEUR BOXING › Section 16-74-444 - Suspension

Current through June, 2024
Any boxer who competes in an amateur boxing contest of a
				  longer duration than is permitted by this subchapter shall be suspended for
				  such period as the commission shall decide.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 32 - DECISIONS-AMATEUR SHOWS › Section 16-74-447 - Kinds of decisions

Current through June, 2024
(1) Win by
				"knockout". A competitor is knocked out if he refuses or is unable to continue
				the contest before the referee's count of ten.
(2) Win by retirement of opponent. This
				decision shall be awarded in case of an accident to an opponent which causes
				incapacity to box. The right to decide whether incapacity exists belongs to the
				referee.
(3) Disqualification. Win
				through disqualification of opponent.
(4) Win by decision on points. The contestant
				receiving the greatest number of points from the referee and judges shall be
				declared the winner.
(5) Draw. When
				a contest is so even that neither contestant can be declared a winner, the
				decision shall be a draw, except in tournaments.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 33 - FOULS-AMATEUR SHOWS › Section 16-74-449 - Penalty

Current through June, 2024
Any competitor who does not obey the instructions of the
				  referee, violates the boxing rules, boxes in an unsportsmanlike manner or
				  commits fouls may be warned or disqualified without warning by the referee. The
				  following are fouls:
(1) Each hit or
				hold below the belt, tripping, kicking, or butting with foot or knee;
(2) Hits or blows with head, shoulder,
				forearm, elbow, throttling of opponent, pressing with arm or elbow in
				opponent's face, pressing head on opponent's back over the ropes;
(3) Hits with open glove, the inside of the
				glove, wrist, or side of the hand;
(4) Hits landing on back of opponent,
				especially any blow on back of neck, and kidney punch;
(5) Pivot blows;
(6) Attack while holding the ropes, or making
				any use of the ropes;
(7)
				Wrestling, lying on, and throwing, in the clinch;
(8) An attack on an opponent who is down must
				be severely dealt with;
(9)
				Clinching, holding or locking of opponent's arms or head, or pushing a stiff
				arm underneath arm of opponent;
(10) Holding and hitting or pulling and
				hitting;
(11) Completely passive
				defense by means of double cover and intentionally falling to avoid a
				blow;
(12) Useless aggressive or
				offensive utterances during the round; and
(13) If a boxer has received a foul blow and
				declares himself unable to continue the bout, the referee shall, if he has seen
				a foul has been committed, use his discretion and, if in his opinion the victim
				is unable to continue through no fault of his own, stop the bout, and
				disqualify the opponent and award the decision to the victim.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 34 - TOURNAMENTS-AMATEUR SHOWS › Section 16-74-453 - Forfeiture

Current through June, 2024
A champion who is found to have been ineligible at the time
				  he won his championship shall forfeit the same, and all those defeated by him
				  shall box again to determine a new champion, and the ineligible boxer shall
				  return all prizes or medals won by him.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 35 - BOXING COSTUMES-AMATEUR SHOWS › Section 16-74-456 - Protection cup

Current through June, 2024
An amateur, in order to compete in any contest, shall be
				  clean, properly attired, and wearing a protection cup which has been listed as
				  approved by the commission. The protection cup shall be firmly adjusted before
				  the contestant leaves the dressing room.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 35 - BOXING COSTUMES-AMATEUR SHOWS › Section 16-74-457 - Apparel

Current through June, 2024
Amateurs shall box in light shoes without spikes, cleats,
				  hard soles or hard heels, and shall wear regulation trunks which are loose
				  fitting and made of lightweight cloth similar to an athlete's "running
				  pants".
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 74 - BOXING › Subchapter 36 - PRACTICE AND PROCEDURE › Section 16-74-466 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for persons licensed by
				  the commission 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 74 - BOXING › Subchapter 37 - ORAL TESTIMONY › Section 16-74-467 - Oral testimony

Current through June, 2024
(a) The commission
				shall accept oral testimony on any item which is on the commission'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 commission 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 commission
				may request that any person providing oral testimony submit the remarks, or a
				summary of the remarks, in writing to the commission;
(3) The commission 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 commission 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 commission 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 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-75-1 - Objective

Current through June, 2024
This chapter is intended to clarify and implement chapter
				  441, Hawaii Revised Statutes, in order that the provisions thereunder may be
				  best effectuated and the public interest most effectively
				  served.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-75-2 - Definitions

Current through June, 2024
Definitions of terms found in section
				  441-1, HRS, shall be
				  adopted by reference. In addition, the following definitions shall be
				  included:
"Board" means the designated board of trustees of the trust
				  fund.
"Commingling" means to mingle or mix, such as deposit of
				  client's funds in the licensee's corporation or personal account or with other
				  trust accounts.
Financial integrity" means the financial soundness or
				  financial responsibility of a cemetery or pre-need funeral authority to engage
				  in business as a cemetery and pre-need funeral authority.
"Provider" means the person obligated to provide the
				  pre-need funeral or interment services and merchandise described in a pre-need
				  contract.
"Trust fund" means the perpetual care and pre-need
				  trust.
"Year" means calendar or fiscal years, whichever is
				  applicable to the closing of the licensee's books.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-75-3 - Notification and filing of names, addresses, and changes

Current through June, 2024
(a)
				Any person holding a license shall file with the director the name and address
				of the business, and in the case of a partnership, corporation, or association,
				the names and addresses of the partners, officers, and directors, as the case
				may be, and shall notify the director in writing of any changes of the names
				and addresses as the case may be, not later than thirty days of the
				changes.
(b) A licensee who has a
				board as trustee of the trust fund shall cause the board to file with the
				director the name, address, and principal place of employment of each board
				member and the office held on the board by the member. The licensee shall
				notify the director in writing of any change of the members or composition of
				the board, as the case may be, not later than thirty days of the
				change.
(c) A licensee who has a
				trust company or bank as trustee of the trust fund shall cause the trust
				company or bank to file with the director the name and address of the trust
				company or bank and the name and title of the trust officer who is the
				fiduciary agent directly responsible for asset management and safekeeping of
				the trust fund. The licensee shall notify the director in writing of any change
				in trust officer not later than thirty days of the change.
(d) The licensee shall file a copy of any
				amendments thereto of the declaration of the trust not later than thirty days
				of the amendments.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-75-4 - Renewal of license

Current through June, 2024
Biennial renewal fees paid by mail shall be considered paid
				  when due if the envelope bears a postmark of December 31 or earlier of each
				  odd-numbered year. In addition to the renewal fees, each licensee shall submit,
				  on a form prepared by the director, a report of the activities of the trust
				  fund for the current year.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-75-5 - Bond

Current through June, 2024
(a) Each applicant and licensee, as the case
				may be, shall provide a bond by a surety authorized by a certificate of
				authority granted by the state insurance commissioner to do business in the
				State.
(b) Where a bond cannot
				reasonably be secured, the director may pursuant to the authority provided in
				section
				441-19(9),
				HRS, provide for an alternative form of security so long as the alternative
				security is no less than that provided by the bond. Alternative forms of
				security may include, but not be limited to:
(1) Certificate of deposit from a federally
				insured institution in the amount equal to the bond required; or
(2) Cashier's check from a federally insured
				institution in the amount equal to the bond required; or
(3) An irrevocable letter of credit in a form
				approved by the director drawn upon a bank or savings and loan association in
				the amount of the bond required.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-75-6 - Office

Current through June, 2024
Each licensee shall be required to maintain an office in the
				  State and designate a person to be responsible for the daily operation of the
				  office.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-75-7 - Trustee

Current through June, 2024
(a) The bank designated by the licensee as
				trustee of the trust fund shall be a federally insured bank regulated by
				federal or state authorities. Where the bank designated as trustee is not
				located in this State, the licensee shall disclose in all written contracts the
				name of the bank, the state it is located in, and its status with regard to
				state and federal insurance.
(b)
				The trust company designated by the licensee as trustee of the trust fund shall
				be a state chartered trust company.
(c) The board designated by the licensee as
				trustee of the trust fund shall be comprised of members, a majority of whom are
				residents of the State.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-75-8 - Doing business as

Current through June, 2024
(a) A licensee shall not solicit business
				using a name other than the name appearing on the licensee's license.
(b) A licensee shall notify the director of
				any name change within fifteen days of the change. A fee shall be paid by the
				licensee for reissuance of a license when there has been a change of the
				licensee's name.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 2 - APPLICATIONS › Section 16-75-12 - Forms and instructions

Current through June, 2024
An application filed with the director shall be prepared in
				  accordance with and contain the information called for in the application form
				  provided, and exhibits which may be required by the director with respect to
				  the filing. The following forms are currently in use by the director:
(1) Application for cemetery authority
				license;
(2) Application for
				pre-need funeral authority license;
(3) Cemetery authority bond;
(4) Pre-need funeral authority
				bond;
(5) Board of trustees
				bond;
(6) Application for
				reinstatement of a suspended license; and
(7) Tri-party agreement for substitute
				security. The forms may be modified from time to time as required.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 2 - APPLICATIONS › Section 16-75-13 - Application for pre-need funeral authority and cemetery license

Current through June, 2024
(a) An application for a pre-need funeral
				authority or cemetery license shall be accompanied by the required application
				fee which shall not be refunded.
(b) At the time of filing the application the
				applicant shall submit the exhibits as specified in section 16-75-22(a). The
				exhibits specified in 16-75-22(b) shall be required prior to
				licensure.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 2 - APPLICATIONS › Section 16-75-15 - Reinstatement of suspended license

Current through June, 2024
To reinstate a license suspended for failing, refusing, or
				  neglecting to maintain the bond required by sections
				  441-22 and
				  441-37,
				  HRS, the licensee, within sixty days from the date the license is suspended,
				  shall file an application for reinstatement and pay the required fee. Failure
				  to reinstate the license within the time prescribed shall cause the license to
				  be terminated. In order to receive a new license an application shall be filed
				  in accordance with section
				  16-75-13 and accompanied by the
				  required application and license fees. A licensee, within fifteen days after
				  receipt of the notification of the license termination, may request an
				  administrative hearing to review the termination pursuant to chapter
				  91, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 2 - APPLICATIONS › Section 16-75-16 - Denials

Current through June, 2024
In the event the director proposes to refuse an application
				  for the issuance of a license or for renewal of a license, the director shall
				  notify the applicant by letter of the director's proposed action which shall
				  include a concise statement of the reasons therefor and a statement informing
				  the applicant of the right to a notice and a hearing.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 2 - APPLICATIONS › Section 16-75-17 - Hearing

Current through June, 2024
Any person whose application for a license or renewal of a
				  license is proposed to be denied by the director, may exercise the right to
				  notice and a hearing pursuant to chapter 16-201, administrative practice and
				  procedure, provided that a demand for hearing is filed with the director within
				  sixty days of the date of the letter informing the applicant of the proposed
				  denial of the application. If no demand for a hearing is filed within sixty
				  days of the date of the letter, the director's proposed action shall become
				  final.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 3 - VALIDATION REQUIREMENTS › Section 16-75-22 - Exhibits

Current through June, 2024
(a) With every application for licensure an
				applicant shall submit the following:
(1) A
				current credit report covering not less than the previous five years on the
				individual applicant, on each partner of a partnership, on each officer of a
				corporate entity;
(2) A current
				financial statement prepared and signed by a licensed certified public
				accountant or public accountant on a form prescribed by the director;
				and
(3) A state tax clearance from
				the department of taxation.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 4 - RECORDS › Section 16-75-26 - Keeping of books; accounts; records

Current through June, 2024
(a) A licensee
				shall maintain separate accounting records of its pre-need sales and perpetual
				care sales, including contracts sold, payments received, trust deposits,
				requests for trust withdrawals, and payments to providers. Records shall be
				separate from the licensee's other accounting records.
(b) A trustee shall maintain within the
				State, all books, account records, cash ledgers, and evidence of investments
				relating to the trust fund. The accounts shall include a record of trust
				deposits, trust withdrawals, principal, income, and investment.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 4 - RECORDS › Section 16-75-27 - Contract forms; content; filing

Current through June, 2024
The contract forms used by a licensee for the selling of
				  pre-need services and cemetery property shall not contain misleading or
				  deceptive information, or be used in connection with solicitation by false,
				  misleading or deceptive advertising or sales practices. No licensee shall use a
				  contract form without first filing the contract with the
				  director.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 5 - REPORTS › Section 16-75-31 - Audited financial statement

Current through June, 2024
(a) A licensee
				selling pre-need services or holding money in trust for pre-need funeral
				services shall file with the director an audited financial statement which
				shall file with the director an audited financial statement which shall include
				the following special areas of concern:
(1)
				The amount collected for the year pursuant to pre-need arrangement contracts or
				plans or any agreements collateral thereto; and
(2) An accounting of the principal deposits
				and additions to principal for the year to include an analysis of the time
				frame within which deposits are made to principal after receipt by the
				licensee; and
(3) An accounting of
				any withdrawal from the principal for the year, itemized as to the nature of
				the expenditures; and
(4) The total
				amount of principal and income held at the end of the year; and
(5) A statement showing separately the total
				amount of the trust fund invested in each of the investments authorized by this
				chapter and the amount of cash principal on hand not invested.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 5 - REPORTS › Section 16-75-32 - Actuarial report

Current through June, 2024
(a) The actuarial
				report submitted by the licensee to the director shall, at a minimum include
				the following information:
(1) The actual
				assets of the fund at the end of the year;
(2) A statement of the fund's deposits,
				income, and disbursements for the year;
(3) The liabilities of the fund and the
				actuarial assumptions used to calculate those liabilities in sufficient detail
				to allow the reasonableness of the assumptions to be examined;
(4) The actuary's conclusion as to whether
				the fund has a deficit or surplus;
(5) If the fund has a deficit, the actuary's
				recommendation as to what steps are necessary to eliminate the deficit;
				and
(6) The actuary's background
				including years in practice and any professional designations which have been
				received.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 5 - REPORTS › Section 16-75-33 - Certificate of insurance

Current through June, 2024
A licensee who has a board as trustee of the trust fund
				  shall obtain insurance in accordance with section
				  441-41(b)(2),
				  HRS, if the institution where the trust fund is held does not federally insure
				  the full amount of the fund. A certificate of insurance from an insurance
				  company or agency, showing full policy coverage of the licensee for the amount
				  of the fund held in trust shall be submitted within one year from the date of
				  original licensure and with every biennial renewal period of the license. The
				  insurance policy shall provide that the insurer will give written notice of
				  cancellation or termination to the director sixty days before the effective
				  date of the cancellation or termination of the insurance.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 5 - REPORTS › Section 16-75-34 - Application for extension of time for filing reports

Current through June, 2024
(a)
				When a written application is made for an extension of time within which to
				make and file any periodic report required by the director or to otherwise
				comply with any statutory requirement or order by the director, the petition
				for an extension of time shall be filed before the expiration of the period
				described, shall be sworn to before a notary public, and shall set forth in
				detail:
(1) What efforts have been made by
				the licensee to prepare the report or to comply with the statute or order
				specified;
(2) Facts showing why
				the report could not be made and filed or the statute or order complied with
				within the time prescribed;
(3)
				Other facts which justify an extension of time; and
(4) The further period of time necessarily
				required within which to make and file the report or to comply with the statute
				or order.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 5 - REPORTS › Section 16-75-35 - Application for deferral of filing reports

Current through June, 2024
(a) Consideration
				may be given by the director to defer the filing of a periodic report; provided
				the written application for deferral is filed by a licensee who demonstrates
				proof that one or more of the following conditions exists:
(1) The licensee has sold eighty per cent of
				the cemetery property available where the property shall not be developed
				further;
(2) The amount of gross
				income for the licensee for the year is less than $15,000;
(3) The number of sales by the licensee for
				the year totaled not more than ten;
(4) The cost for the licensee to do the
				periodic report would exceed twenty per cent of the income from the trust;
				or
(5) The audited financial
				statement of the trust filed in accordance with section
				441-24.5,
				HRS, shows that the assets of the trust exceed ten per cent of the liabilities
				of the trust.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 6 - TRUST ADMINISTRATION › Section 16-75-39 - Deposits to the trust account

Current through June, 2024
A trustee shall accept all payments transferred to it from
				  the licensee, shall immediately deposit the payments into trust, and shall
				  hold, administer, and distribute the money in trust in accordance with chapter
				  441, HRS, and this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 6 - TRUST ADMINISTRATION › Section 16-75-40 - Withdrawals from the trust account; principal

Current through June, 2024
(a) The
				trustee of the pre-need trust account shall permit withdrawal of principal only
				under the following circumstances and conditions:
(1) If the licensee files a certified
				statement with the trustee that the pre-need merchandise and services covered
				by a pre-need contract have been furnished and delivered in accordance
				therewith; or
(2) If the licensee
				files a verified statement that a specified pre-need contract has been
				cancelled in accordance with its terms.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 6 - TRUST ADMINISTRATION › Section 16-75-41 - Use or withdrawal of income or net capital gains from the trust account

Current through June, 2024
(a) The trustee of
				the pre-need trust account shall permit withdrawal by the licensee of the
				income from the trust, or any net capital gains subject to the limitations
				described below:
(1) If the price of a
				pre-need funeral or interment services is fixed in a pre-need contract, no
				withdrawal of income or net capital gains can be made if the aggregate market
				value of the trust falls below five per cent of the principal amount then held
				in trust; or
(2) If the price of a
				pre-need funeral or interment services is to be determined at need, no
				withdrawal of income or net capital gains can be made if the withdrawal would
				reduce the market value of the trust fund below an amount equal to the sum of:
(A) All payments made under all contracts;
				plus
(B) Interest on the payments
				at a commercially reasonable rate. The trustee shall arrange for the income or
				any net capital gains to be applied to the principal of the trust when it finds
				the conditions described in paragraph (1) or (2) are present and shall continue
				to apply the income or any net capital gains to the principal until withdrawals
				of income or any net capital gains can be permitted by the licensee without
				limitations.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 6 - TRUST ADMINISTRATION › Section 16-75-42 - Eligible investments; scope

Current through June, 2024
(a) The trust
				company or bank designated as trustee shall invest in and shall hold as assets
				only allowable investments as provided in section
				441-41(a),
				HRS. A board designated as trustee shall invest in and shall hold as assets
				only allowable investments as provided in section 16-75-43.
(b) No security or other investment shall be
				eligible for purchase or acquisition under section 16-75-43, unless it is
				interest bearing or interest accruing or dividend or income paying.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 6 - TRUST ADMINISTRATION › Section 16-75-43 - Investment of trust funds allowable by a board of trustees

Current through June, 2024
(a)
				In addition to the investments permitted by section
				441-41(b),
				HRS, a board of trustees may invest and re-invest the trust funds in the
				following enumerated securities; provided that the investment standards of
				section
				441-41,
				HRS, are met:
(1) Deposits in a bank which is
				insured by the Federal Deposit Insurance Corporation (FDIC);
(2) Deposits in a savings and loan
				association which is insured by the Federal Savings and Loan Insurance
				Corporation (FSLIC);
(3)
				Certificates of deposits or other interest-bearing accounts in any bank in this
				State insured by the FDIC or any savings and loan association in this State
				insured by the FSLIC;
(4)
				Investment certificates or shares in any state or federally chartered savings
				and loan association which is federally insured;
(5) Interest-bearing bonds of the United
				States or any agency thereof, or of this State, or of any County in this State
				of which the faith of the United States, State, or County, as the case may be,
				is pledged; and
(6) Stocks as
				provided in section
				441-41(b)(3),
				HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 6 - TRUST ADMINISTRATION › Section 16-75-44 - Prohibited investments

Current through June, 2024
(a) Trust funds
				shall not be used in any way, directly or indirectly, as prohibited in this
				section.
(b) In the case of trust
				funds where a board is appointed as trustee, the trustee shall not make any
				loan or loans to any officer or director of the cemetery and pre-need funeral
				authority, or to any of its officers, directors, agents, or employees, or to
				any trustee of the trust, or to any company, firm, copartnership, association,
				or individual, either directly or indirectly.
(c) In the case of trust funds where a bank
				or trust company is appointed as trustee, the trustee may be permitted to make
				a loan or loans to an officer, director, agent, or employee of the cemetery and
				pre-need funeral authority, or to a company, firm, copartnership, association,
				or individual upon the written application of the person, company, firm,
				copartnership, association, or individual, stating the line of credit applied
				for, terms and security offered therefor to the trust fund, and then only with
				the written approval of the trustee of the trust fund before the loan is made,
				and the approval of the loan as allowed by the trustee of the trust fund shall
				be made a part of the financial records of the cemetery and pre-need funeral
				authority to be disclosed in the annual audit. Loans may be made to any
				officer, director, agent, or employee of the cemetery or pre-need funeral
				authority without application and approval:
(1) In any amounts where the loans are
				secured by bonds of the State, or bonds or notes of the United States, or
				certificated of indebtedness of the United States, where the amount of the
				collateral is equal to at least one hundred five per cent of the amount of such
				loan; and
(2) In amounts, excluding
				loans secured, as provided in paragraph (1), not in excess of $5,000 in
				aggregate principal owing by any individual at any one time.
Any cemetery or pre-need funeral authority, or trustee who
				  knowingly permits the funds of the trust fund to be loaned in a dishonest
				  manner or contrary to this section shall be in violation of chapter
				  441, HRS, and this chapter.