Title 25, Professions And Occupations

[§440E-26] Chapter does not apply to active duty armed forces, National Guard, armed forces reserve, or Police Activities League. This chapter shall not apply to any mixed martial arts contest held as a recreational activity by active duty armed forces, armed forces reserve, or N…

[§440E-27] Revocation; suspension. (a) In addition to any other acts or conditions provided by law, the director may refuse to renew, reinstate, or restore or may deny, revoke, suspend, fine, reprimand, or condition in any manner, the license of any person or entity issued for th…

[§440E-28] Penalties. (a) Any person in violation of this chapter or the rules adopted pursuant thereto shall be fined not more than $5,000 for each violation. Each day's violation or failure to comply shall be deemed a separate offense. (b) In addition to the penalties provided …

[§440E-29] 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 2007, c 279, pt of §1]

[§440E-3] Authority to subpoena witnesses and administer oaths and penalties. The director may issue subpoenas for the attendance of witnesses, with the same effect as if the subpoenas were issued in an action in the circuit court, and may administer oaths in all matters connecte…

[§440E-30] Injunctive relief. The director may, in addition to any other remedies available, bring an action in any court of this State to enjoin a person from continuing any violation of this chapter or doing any acts in furtherance thereof, and for any other relief that the cou…

[§440E-4] Powers and duties of the director. (a) In addition to any other powers and duties authorized by law, the director shall have the following powers and duties: (b) The director may either establish a mixed martial arts registry or data bank on mixed martial arts contestan…

§440E-5 Jurisdiction of director. (a) The director is vested with the sole jurisdiction, direction, management, and control over all mixed martial arts contests to be conducted, held, or given within the State. No mixed martial arts contest shall be conducted, held, or given with…

[§440E-5.5] Control and supervision of amateur mixed martial arts contests. Amateur mixed martial arts contests may be placed under the control and supervision of any recognized national amateur mixed martial arts association. The director shall adopt rules pursuant to chapter 91…

[§440E-6] Licenses; promoters. (a) A promoter may apply to the director for a license that shall be required to promote, conduct, hold, or give mixed martial arts contests. The application shall be in writing, on a form prescribed by the director, and signed by the applicant, and…

§440E-7 Permit required to hold each mixed martial arts event. (a) No mixed martial arts event shall be held unless the director issues a permit for the event. To obtain a permit to conduct, hold, or give a mixed martial arts event, a promoter shall: (b) Failure, refusal, or negl…

§440E-8 Licenses, participants. (a) Any person may apply to the director for a license to act as a physician, referee, judge, manager, second, or mixed martial arts contestant to participate, either directly or indirectly, in any mixed martial arts contest; provided that no perso…

[§440E-9] License fees. License fees shall be paid biennially to the State by every applicant to whom a license is issued to participate in the conduct of mixed martial arts in any of the following capacities set forth in this chapter: promoter, physician, referee, judge, manager…

§440G-1 Short title. This chapter shall be known as the Hawaii Cable Communications Systems Law. [L 1970, c 112, pt of §1; am L 1987, c 301, §1]

§440G-10 Renewal of cable franchise. Any cable franchise issued pursuant to this chapter may be renewed by the director upon approval of a cable operator's application or proposal therefor. The form of the application or proposal shall be prescribed by the director. The periods o…

§440G-10.1 Transfer of cable franchise. (a) No cable franchise, including the rights, privileges, and obligations thereof, may be assigned, sold, leased, encumbered, or otherwise transferred, voluntarily or involuntarily, directly or indirectly, including by transfer of control o…

§440G-11 Rate, filed with director; approval. (a) The director shall require each cable operator to file a schedule of its rates of service on a form and with the notice that the director may prescribe. (b) To the extent permitted by federal law, the director shall regulate rates…

§440G-12 Other duties of director; suit to enforce chapter. (a) The director has the power and jurisdiction to supervise and regulate every cable operator within this State so far as may be necessary to carry out the purposes of this chapter, and to do all things which are necess…

§440G-13 Cable advisory committee. [Repeal and reenactment of section on June 30, 2014, by L 2011, c 19, §4 deleted by L 2014, c 93, §4.] (a) There is established the cable advisory committee. The committee shall consist of five members appointed by the governor as provided in se…

§440G-14 Reports. Each cable operator shall file with the director reports of its financial, technical, and operational condition and its ownership. The reports shall be made in a form and on the time schedule prescribed by the director and shall be kept on file open to the publi…

§440G-15 Annual fees. (a) Each cable operator shall pay an annual fee to be determined by the director. The fees so collected under this section shall be deposited into the compliance resolution fund established under section 26-9(o). (b) The director shall adjust the fees assess…

[§440G-16 Rules.] The director shall adopt rules pursuant to chapter 91 necessary for the purposes of this chapter. [L 1987, c 301, §20]

[§440G-17] Criminal and civil liability. Nothing in this chapter shall be deemed to affect the criminal and civil liability of cable programmers, cable operators, or access organizations pursuant to the federal, state, or local laws regarding libel, slander, obscenity, incitement…

§440G-3 Definitions. As used in this chapter, unless the context clearly requires otherwise: "Access organization" means any nonprofit organization designated by the director to oversee the development, operation, supervision, management, production, or broadcasting of programs f…

§440G-4 Issuance of cable franchises and regulation of cable operators by director of commerce and consumer affairs. The director shall be empowered to issue cable franchises and otherwise administer and enforce this chapter. [L 1970, c 112, pt of §1; am L 1982, c 204, §8; am L 1…

§440G-5 Cable franchise required. No person shall construct, operate, or acquire a cable system, or extend an existing cable system outside its designated service area, without first obtaining a cable franchise as provided in this chapter. [L 1970, c 112, pt of §1; am L 1982, c 2…

§440G-6 Application or proposal for cable franchise; fee; certain requirements. (a) No cable franchise shall be issued except upon written application or proposal therefor to the director, accompanied by a fee of $1,000. (b) An application for issuance of a cable franchise shall …

§440G-7 Cable franchise application or proposal procedure; public hearing; notice. An application or proposal for a cable franchise shall be [processed] as follows:

§440G-8 Issuance of cable franchise authority; criteria; content. (a) The director is empowered to issue a cable franchise to construct or operate facilities for a cable system upon the terms and conditions provided in this chapter. (b) The director, after a public hearing as pro…

§440G-8.1 Requirement for adequate service; terms and conditions of service. (a) Every cable operator shall provide safe, adequate, and reliable service in accordance with applicable laws, rules, franchise requirements, and its filed schedule of terms and conditions of service. (…

§440G-8.2 Cable system installation, construction, operation, removal; general provisions. (a) A cable franchise shall be construed to authorize the construction or operation of a cable system within the service area above, below, on, in, or along any highway or other public plac…

§440G-8.3 Designation of access organizations for public, educational, or governmental access channels. [Repeal of section on June 30, 2014, by L 2011, c 19, §4 deleted by L 2014, c 93, §4.] (a) The director may designate access organizations in each franchise area to oversee the…

§440G-9 Complaints; violations; revocation, alteration, or suspension of cable franchise; penalties. (a) Subscriber complaints regarding the operation of a cable system may be made orally or in writing to the director. The director shall resolve complaints informally when possibl…

§441-1 Definitions. As used in this chapter: "Cemetery" means any property, or part interest therein, dedicated to and used or intended to be used for the permanent interment of human remains. It may be a burial park with one or more plots, for earth interment; a mausoleum with o…

§441-10 Proration and consolidation of existing improvement district encumbrances in order to clear such encumbrances prior to dedication. Notwithstanding section 441-4 exempting dedicated cemetery property from subdivision laws, the map or plat required by section 441-3 may be t…

§441-11 Use as cemetery may not be disturbed after dedication. After property is dedicated to cemetery purposes pursuant to this chapter, neither the dedication nor the title of any plot, crypt, or niche owner shall be affected by the dissolution of the cemetery authority, by non…

§441-12 Mortgages and liens; consumer contracts; sales prohibited. (a) Cemetery authorities may secure pecuniary obligations by mortgage or lien upon their property, whether or not the property has been set aside for interment purposes, and may sell plots, crypts, niches, or cont…

§441-13 Sale of plots after dedication; sale of encumbered plots prohibited unless encumbrance subordinate to dedication. After property is dedicated pursuant to this chapter, a cemetery authority may sell, transfer, and convey plots, crypts, or niches thereof, which plots, crypt…

§441-14 Dedication to cemetery purposes does not violate laws against perpetuities. Dedication to cemetery purposes pursuant to this chapter is not invalid as violating any laws against perpetuities or the suspension of the power of alienation of title to or use of property, but …

§441-15 Removal of dedication. Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes unless and until the dedication is removed from all or any part of it by an order and decree of the circuit court of the judicial circuit in which the p…

§441-16 Hearing. The notice of hearing provided in section 441-15 shall be given by publication once a week for at least three consecutive weeks in a daily newspaper of general circulation in the county where the cemetery is located, and the posting of copies of the notice in thr…

§441-17 Existing cemeteries deemed dedicated; extension of existing cemeteries. All existing cemeteries or parts thereof which shall have been lawfully established, and for which a map or plat substantially similar to that required by section 441-3 has been filed or recorded in t…

§441-19 Powers and duties of director. In addition to any other powers and duties authorized by law, the director, pursuant to chapter 91 shall:

§441-2 Certificate of dedication. Every cemetery authority from time to time as its property may hereafter be made available for cemetery purposes, shall file in the office of the bureau of conveyances or, in the case of registered land, in the office of the assistant registrar o…

§441-20 License required to act as cemetery or pre-need funeral authority. No person shall act as a cemetery or pre-need funeral authority without a license previously issued by the director in compliance with this chapter and the rules of the director; provided that the director…

[§441-20.5] Audit of records of cemetery or pre-need funeral authority. The department may audit the records of any cemetery or pre-need funeral authority with respect to its funds and pre-need trusts as they pertain to the deposits and withdrawals to the fund and trust. For that…