Title 25, Professions And Occupations

§468L-5 Client trust accounts; maintenance of and withdrawal from such accounts. (a) Within five business days of receipt, all travel agencies shall deposit all sums received from a consumer, for travel services offered by the travel agency in a trust account maintained in a fede…

[§468L-5.5] Recordkeeping requirements for client trust accounts. (a) A travel agency or charter tour operator shall maintain all books and records necessary to comply with this chapter and its rules. (b) A travel agency or charter tour operator shall keep and maintain for a peri…

[§468L-5.6] Violations; summary suspension; penalties. (a) Any violations by a travel agency or charter tour operator of any law or rule relating to client trust accounts shall constitute a prima facie showing of fraud on the part of the travel agency or charter tour operator. (b…

[§468L-5.7] Court action for failure to maintain client trust accounts. (a) Whenever a travel agency or charter tour operator fails to establish or maintain a client trust account for the benefit of the consumers paying money to the travel agency pursuant to section 468L-5 or [46…

[§468L-6] Disclosure on airline awards. (a) In the event an airline award is purchased, the following disclosure shall be made in a sales contract, in bold face print, no less than eight-point type, and in a manner reasonably calculated to draw the attention of the reader: "THIS …

§468L-7 Consumer's rights. (a) Any travel agency registered under this chapter shall have the following obligations to any consumer who purchases travel services from the travel agency: (1) The consumer shall have the right to be informed by the travel agency, prior to the purcha…

§468L-7.5 Prohibited acts. No travel agency or charter tour operator shall engage in any of the following: (1) Selling or advertising to sell travel or charter tour services without first registering or renewing a registration with the director under this chapter; (2) Conducting …

[§468L-8] Restitution. Any person who engages in an act or practice that violates any provision of this chapter or rules adopted pursuant hereto may be ordered by a court of proper jurisdiction to make restitution to all persons injured by the act or practice. [L 1991, c 285, pt …

[§468L-9] Injunctions. In any civil proceedings brought pursuant to this chapter, the court may also enjoin any activity that violates this chapter. [L 1991, c 285, pt of §1]

[§468M-1] Definitions. Whenever used in this chapter, unless the context otherwise requires: "Activity desk" means any sole proprietorship, organization, trust, group, association, partnership, corporation, society, or combination thereof, which for compensation or other consider…

§468M-10 Performance bond and irrevocable letter of credit as alternative to client trust account required of activity desks; coverage amount and computation; annual report and option; adjustments; coverage upon transfer. (a) If a client trust account is not established and maint…

[§468M-11] Violations; fraud. Any violations by an activity desk of any law relating to client trust accounts or the bond or letter of credit pursuant to section 468M-10 shall constitute a prima facie showing of fraud on the part of the activity desk and may not be dischargeable …

[§468M-12] Restitution. Any person who engages in an act or practice that violates any provision of this chapter or rules adopted pursuant hereto may be ordered by a court of proper jurisdiction to make restitution to all persons injured by the act or practice. [L 1992, c 231, pt…

[§468M-13] Injunctions. In any civil proceeding brought pursuant to this chapter, the court may also enjoin any activity that violates this chapter. [L 1992, c 231, pt of §2, §§3, 6; am L 1995, c 174, §§1, 2; am L 1998, c 248, §§1, 2]

[§468M-14] Consumer right of action. Any person who suffers damage as a result of a violation of this chapter shall be entitled to injunctive relief restraining further violations, and may sue to recover damages in any circuit court of the State, and, if successful, shall recover…

[§468M-15] Remedies cumulative. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to remedies or penalties available under other laws of this State. [L 1992, c 231, pt of §2, §§3, 6; am L 1995, c 174, §§1, 2; …

[§468M-16] Criminal penalties. A person commits the criminal offense of theft if the person, being an activity desk or an agent, employee, or independent contractor of an activity desk, knowingly or intentionally violates section 468M-9(a), (b) or (c) of this chapter. [L 1992, c …

§468M-17 Rules. Subject to chapter 91, the director may adopt such rules as the director deems necessary for the effective administration and enforcement of this chapter. [L 1992, c 231, pt of §2, §§3, 6; am L 1995, c 174, §§1, 2; am L 1998, c 248, §§1, 2; am L 1999, c 18, §14]

[§468M-2] Registration required. (a) Activity desks shall register with the director prior to engaging in the business of selling, contracting for, arranging, or advertising that it can or will arrange, activities which are furnished by an activity provider. Notwithstanding secti…

[§468M-2.5] Activity desk principal; responsibilities. (a) Each activity desk shall designate a principal who shall have direct management and supervision of the activity desk, including but not limited to compliance with sections 468M-9 and 468M-10. (b) The activity desk shall d…

§468M-3 Prohibited acts. No activity desk shall engage in any of the following practices: (1) Covering, concealing, or obscuring the name, address, or telephone number of an activity provider in any card or brochure; (2) Placing a telephone number, address, or other information o…

[§468M-4] Payment provision. Unless the express written contract has a provision to the contrary, payment shall be due and payable thirty days from the date of invoice. [L 1990, c 214, pt of §1, §2; ree L 1991, c 240, pt of §1, §§2, 4; ren and am L 1992, c 231, pt of §2, §§3, 6; …

[§468M-5] Legal rate; computation. Except as otherwise permitted by existing written contract, any activity desk that directly or indirectly receives any interest on the payment due to the activity provider, shall remit the interest and the payment due to the activity provider; p…

[§468M-6] Injunctive relief; suits. (a) Any activity provider may bring suit to enjoin any violation of this chapter and may sue in the circuit court in the circuit in which the defendant resides or has an agent or in which the violation has occurred. (b) Any activity providers a…

[§468M-7] Action for damages. Any activity desk shall be liable to the activity provider for a violation of this chapter for any damages which result from a violation. Damages shall be awarded at the rate of no less than $1,000 for each violation. Violations shall be calculated a…

[§468M-8] Requirements for offering discounts. When a discount offered for any activity is contingent upon any requirement that the recipient of the discount first attend a sales presentation of any kind, the activity desk shall disclose the requirement in writing to the recipien…

§468M-9 Client trust accounts; maintenance of and withdrawal from accounts. (a) Within three business days of receipt, an activity desk shall deposit all sums received from a consumer for excursions or activities offered by the activity desk in a trust account maintained in a fed…

[§468M-9.5] Record keeping requirements for client trust accounts. (a) An activity desk shall maintain all books and records necessary to comply with this chapter and any rules adopted pursuant to this chapter and shall make all records relating to client trust accounts available…

§469-1 License. The department of health may, upon payment to it of an examination fee, examine, or cause to be examined by not less than two practicing embalmers, undertakers, or funeral directors, any person over eighteen years of age, of good moral character, and with qualific…

§469-2 Rules. The department of health may prescribe such rules as it deems reasonable and proper relating to the practice of embalming, to the business of an undertaker, or to the sanitary condition of places where such business or practice is conducted. The rules of the departm…

§469-3 Renewal of license. Each licensed embalmer or licensed undertaker or funeral director shall, between July 1 and 10 of each year, renew the embalmer's or undertaker's or funeral director's license by registering with the department of health and by paying a renewal fee. Eve…

§469-4 Registration of apprentices. Any person at least eighteen years of age, of good moral character, may qualify as an apprentice under a regularly licensed embalmer. The person shall register with the department of health, and, upon the payment of a fee, a certificate of appr…

§469-5 Disposition of fees. All fees collected by the board shall be deposited by the department of health with the director of finance to the credit of the general fund. [L 1933, c 36, §4; RL 1935, §1453; RL 1945, §3055; RL 1955, §72-5; am L Sp 1959 2d, c 1, §§14, 19; am L 1961,…

§469-6 Revocation of license. A license may be revoked by the department of health upon proof to its satisfaction of violation of any rule or regulation of the department in any respect in regard thereto. Every person so charged shall be given notice and opportunity for hearing i…

§469-7 Powers of department to subpoena witnesses, etc. The department of health may subpoena and examine witnesses under oath upon all such charges as may be preferred before it, and the circuit court of the circuit in which the hearing is held shall enforce by proper proceeding…

§469-8 Penalty. Any person who practices as an embalmer or undertaker without being registered with the department of health as herein provided shall be fined not less than $50 nor more than $250 or imprisoned not less than thirty days nor more than ninety days, or both. [L 1933,…

§471-1 Definitions. As used in this chapter: "Animal" means any animal except human beings. "Board" means the Hawaii board of veterinary medicine of the State. "Client" means the animal patient's owner, owner's agent, or other person presenting the animal patient for care. "Consu…

§471-10 Refusal to grant and revocation or suspension of license. (a) In addition to any other actions authorized by law, the board may refuse to grant, renew, reinstate or restore a license for any cause which would be ground for revocation of a license under the law. (b) In add…

§471-11 Hearings. In every case where it is proposed to refuse to grant, renew, reinstate, or restore a license or to revoke or suspend the exercise of a license for any of the causes enumerated in section 471-10, the person concerned shall be given notice and opportunity for hea…

§471-13 Violations; penalties. Any person who violates or fails to comply with any provision of this chapter shall be fined not more than $5,000 for each violation. Each day that the person is in violation of section 471-2 shall be a separate violation for the purposes of this se…

§471-14 Rules and regulations. The Hawaii board of veterinary medicine may, in the manner prescribed in chapter 91, adopt, amend, or repeal such rules and regulations as it deems proper to effectuate this chapter and to carry out the purpose thereof, which purpose is hereby state…

§471-15 Criminal penalties. (a) Any person convicted of violating section 471-2 shall have committed a misdemeanor and be subject to a fine not to exceed $1,000. (b) In addition to the penalties provided in subsection (a), all tools, implements, appliances, medicine, and drugs us…

[§471-16] Cumulative penalties. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. [L 1986, c 153, §2]

[§471-17] Exception to liability; emergency care; veterinarian-client-patient relationship. (a) Any veterinarian duly licensed under this chapter who, in good faith, without remuneration or expectation of remuneration, renders emergency care to a sick or injured animal at large s…

[§471-18] Reporting; duty; dogfighting; animal cruelty; immunity from civil liability. (a) Whenever any veterinarian duly licensed under this chapter has reasonable cause to believe that an animal has been injured or killed through participation in a staged animal fight, as presc…

§471-2 License required. (a) No person shall engage in the practice of veterinary medicine, either gratuitously or for pay, or shall offer to so practice, or shall announce or advertise, publicly or privately, as prepared or qualified to so practice, or shall append the letters "…