Title 25, Professions And Occupations

[§436H-11] Renewal of registration; fees. Registrations shall be renewed, upon the payment of a renewal fee, triennially not earlier than ninety days before June 30. Failure to renew a registration shall result in a forfeiture of the registration. Registrations that have been for…

[§436H-12] Grounds for denial of registration; revocation and suspension of registration. In addition to any other acts or conditions provided by law, the director may deny or refuse to renew, revoke, suspend, restrict, fine, reprimand, censure, condition, or place the registrati…

[§436H-12.5] Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction requiring registration as a sex offender; conditions. (a) Notwithstanding any law to the contrary, the director shall automatically revoke a license or deny a…

[§436H-13] Registration indicates permission to engage in the practice of athletic training. A current registration granted under this chapter shall mean that the registered person has met requirements that include minimum practice standards to provide protection to the public an…

[§436H-14] Civil penalties. Any person who violates any provision of this chapter or the rules of the department adopted pursuant to this chapter shall be fined not more than $1,000 and each day's violation or failure to comply shall be deemed a separate offense. Unless otherwise…

[§436H-15] Rules. The director may adopt rules pursuant to chapter 91, including rules to establish fees or fines as may be necessary, to effectuate the purpose and to enforce the requirements of this chapter. [L 2012, c 198, pt of §2]

[§436H-2] Definitions. As used in this chapter: "Athlete" means a person who prepares for or participates in organized sports or sports-related activities, amateur or recreational sports involving athletic competition, including interscholastic, intercollegiate, intramural, semip…

[§436H-3] Athletic trainer program. There is established an athletic trainer program within the department to be administered by the director. [L 2012, c 198, pt of §2]

[§436H-4] Registration required. No person shall engage in the practice of athletic training or represent, advertise, or announce oneself, either publicly or privately, as an athletic trainer, nor use in connection with the person's name or place of business the words "registered…

[§436H-5] Exemptions. This chapter is not intended to restrict the practice of other licensed healthcare providers practicing within their own recognized scopes of practice and shall not apply to: (1) An individual who possesses a valid license issued under chapter 453, 457G, or …

[§436H-6] Registration requirements. (a) Commencing January 1, 2013, athletic trainers shall: (1) Register with the department by providing the athletic trainer's name, business address, a current, active, and unencumbered certification from the Board of Certification, Inc., incl…

[§436H-7] Duties of treating physician. A treating physician shall provide direction to an athletic trainer by verbal order when in the presence of the athletic trainer or by written order or written athletic training service plans or protocols when a treating physician is not pr…

[§436H-8] Requirements to maintain registration. (a) An athletic trainer shall have and maintain current and active status certification from the Board of Certification, Inc., as a condition of registration. Failure, refusal, or neglect of any registrant to maintain in full force…

[§436H-9] Powers and duties of the director. In addition to any other powers and duties authorized by law, the director shall have the powers and duties to: (1) Adopt, amend, and repeal rules in accordance with chapter 91 to carry out the purposes of this chapter; (2) Issue and r…

[§436M-1] Definitions. Whenever used in this chapter, unless the context otherwise requires: "Alarm business" means any individual, corporation, or other business entity that engages in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, or installin…

[§436M-10] Penalty. Any person who engages in an unlawful act or practice that violates any provision of this chapter shall be fined not less than $500 or more than $2,500 for each unlawful act or practice. [L 1986, c 134, pt of §1]

[§436M-2] Bond. (a) Except as provided in subsection (e), each alarm business shall keep in force a surety bond in the sum of $5,000 during its first five years of operation. The bond shall be in effect from the date that the alarm business begins selling its products or services…

[§436M-3] Records and reports. Each alarm business that maintains, services, or monitors alarm systems shall keep accurate and up-to-date business records as may be required for at least two years. The records shall include a log of all alarm activations, the date and time of eac…

[§436M-4] False alarms; reporting. Alarm businesses that maintain, service, or monitor alarm systems shall, upon request by the police, share with them the data about false alarms and alarm systems in operation needed to determine the monthly false alarm rate for each alarm busin…

[§436M-5] Maintenance. On or near each alarm system shall be posted the name, address, and telephone number of the alarm business that is maintaining, servicing, or monitoring the system. An alarm system that is not being maintained, serviced, or monitored by an alarm business sh…

[§436M-6] Audible alarm systems. Every audible alarm system shall have a device to automatically terminate the audible signal within fifteen minutes of activation. No audible alarm system, whether in use prior to or after November 8, 1986, shall be used, sold, or leased unless th…

[§436M-7] Automatic telephone dialers. Automatic telephone dialers shall not be programmed for a municipal emergency number such as 911 or the telephone number of any police facility. No automatic telephone dialer, whether in use prior to or after November 8, 1986, shall be used,…

§436M-8 Activation. No alarm system shall be activated intentionally except to: (1) Report an unauthorized intrusion or the commission of an unlawful act; (2) Test an installed system with the prior knowledge and consent of the police; or (3) Permit an alarm business to demonstra…

[§436M-9] Restitution. Any person who engages in an unlawful act or practice that violates any provision of this chapter may be ordered by a court of proper jurisdiction to make restitution to all individual consumers injured by the act or practice. [L 1986, c 134, pt of §1]

PART I. GENERAL PROVISIONS §437-1 Legislative findings and declaration. The legislature finds that: (1) The manufacture, distribution, and sales of motor vehicles in the State vitally affects the general economy of the State and the public interest and public welfare; (2) Manufac…

§437-1.1 Definitions. As used in this chapter: "Attachment hardware" means the components and associated fasteners that directly attach the bumper to the chassis frame. "Auction" means any person engaged in the business of selling only motor vehicles by means of bidding at a publ…

§437-11 Additional requirements for dealer's and auction's license. (a) Requirements to be met before issuance of dealer's and auction's license. (1) The following requirements shall be met by an applicant for a dealer's license before a license may be issued by the motor vehicle…

§437-12 Legal ownership certificates. (a) Possession of or right to possess legal ownership certificate. No dealer shall sell or advertise for sale a new motor vehicle unless the dealer has in the dealer's possession the actual legal ownership certificate or a certificate of orig…

§437-13 Disclosure of dealer. Where a person licensed according to this chapter represents a buyer in the State in purchasing or attempting to purchase a motor vehicle from or through a dealer or broker not licensed in the State (hereinafter called "nonresident") residing or doin…

§437-14 Delivery of contract required. In the event any person licensed according to this chapter represents a buyer in the State in purchasing or attempting to purchase a motor vehicle from or through a dealer or broker not licensed in the State (hereinafter called "nonresident"…

§437-15 Principals held responsible. Every holder of a license issued under this chapter may be held responsible for the conduct of the holder's agents and employees in all transactions regarding motor vehicles, motor vehicle parts, franchises, and transactions involving a subjec…

§437-16 Records to be kept. Every motor vehicle dealer shall keep a record of the purchases, consignments, sales and exchanges, moneys, commissions, or any other thing of value paid or agreed to be paid to any person for each motor vehicle purchased, sold, consigned to be sold, o…

§437-18 Bond of broker. (a) Each broker receiving a license shall give to the motor vehicle industry licensing board and keep in force a bond or bonds in the penal sum totaling not less than $200,000. (b) More than one bond may be furnished by the same applicant, provided they ag…

§437-2 Licenses. (a) No person shall engage in the business as or serve in the capacity of, or act as a motor vehicle dealer, salesperson, auction, manufacturer, or distributor in this State, or otherwise engage in the business of selling or negotiating for the purchase of motor …

§437-21.1 Bonds of auctions. The bond of an auction shall be in the same amount and under the same terms and conditions as required for a new motor vehicle dealer in accordance with rules adopted by the motor vehicle industry licensing board. [L 1969, c 263, §1(17); am L 1971, c …

§437-23 Term of license. (a) Expiration. All licenses issued pursuant to this chapter shall expire on June 30 of each even-numbered year unless sooner terminated, suspended, or revoked. All applications for renewal of license shall be filed on or before June 30 of each even-numbe…

§437-24 Licenses terminate, when. (a) Any license issued pursuant to this chapter shall terminate upon the permanent or temporary cessation of the business or activity for which it was issued. (b) A salesperson's license shall terminate upon the termination of the license of the …

§437-25 Amended licenses. (a) Prior to entering the employ of a dealer, other than the one for which the salesperson's license was issued, a salesperson shall apply to the board for an amended license authorizing the new employment. Prior to moving or amending the premises or add…

§437-26 License not transferable; other requirements. (a) Nontransferable. No license issued under this chapter shall be transferable. (b) License to be posted. Each dealer shall keep the license or a certified copy thereof posted in a conspicuous place on each premises. (c) Lice…

§437-27 Change of status, notice. If the status of any licensee changes during the period for which the license is issued because of: (1) Changes in officers, directors, or limited partners of the licensee or termination of the employment of any licensed salesperson; (2) The tran…

§437-27.5 Requirements to maintain license. A broker shall have and maintain in full force and effect a bond as required under section 437-18. Failure, refusal, or neglect to maintain in full force and effect a bond shall cause the automatic suspension of the license effective as…

§437-28 Suspension; revocation; fine; denial of issuance or renewal of a license. (a) In addition to any other actions authorized by law, the board, after notice and hearing as provided in chapter 91, and subject to appeal to the circuit court of the circuit in which the board ha…

§437-28.5 Procedures, protections, rights, and remedies made available to licensees. (a) The same procedures, protections, rights, and remedies provided to a dealer under section 437-3.6, section 437‑28(a)(21), and part II shall apply to a distributor that is not a manufacturer. …

§437-29 Discretionary powers of board. (a) Where any applicant for a license or stockholder owning more than a ten per cent interest in the applicant or any officer, director, trustee, employee, or partner of the applicant has been guilty of any act or omission involving personal…

§437-3 Prohibited acts for dealer or auction. No dealer or auction shall sell or bring or cause to be brought into this State for purposes of sale any new motor vehicle for which the dealer or auction is not franchised. [L 1963, c 199, §1c; Supp, §160-161.1; HRS §437-3; am L 1969…

[§437-3.6] Waivers void. Any condition, stipulation, or provision in a franchise or distributorship agreement purporting to bind any person acquiring or holding any franchise or distributorship to waive compliance with any provision of this chapter or any other law of the State i…