Title 26, Trade Regulation And Practice

[§486K-8] Extension of stay provision. Any guest who intentionally continues to occupy an assigned bedroom beyond the scheduled departure without the prior written approval of the keeper, shall be deemed a trespasser. [L 1978, c 234, pt of §3]

[§486K-9] Valuation of property. Whenever the value of property is to be determined under sections 486K-4 and 486K-5, the following shall apply:

§486M-1 Definitions. As used in this chapter, unless the context otherwise requires: "Article" means any previously owned good or chattel, including, but not limited to, precious or semiprecious metals or precious or semiprecious gems. "Automated recycling kiosk" means an interac…

§486M-2 Record of transactions. (a) Every dealer, or the agent, employee, or representative of the dealer, shall, immediately upon receipt of any article, record the following information, on an electronic recordkeeping form or a paper form authorized by the chief of police in ea…

§486M-3 Transactions by minors prohibited. A dealer shall not receive or purchase any article from any person under the age of eighteen. [L 1982, c 282, pt of §2; am L 1991, c 120, pt of §1]

§486M-4 Minimum retention of items. (a) No dealer, or agent, employee, or representative of the dealer, shall alter, melt, deface, break apart, dispose of, or change the character or integrity of the precious or semiprecious metals or precious or semiprecious gems received or pur…

§486M-5 Inspections. The chief of police of each county or the chief of police's authorized representative may immediately inspect, during normal business hours or whenever the dealer or the dealer's agents or employees are otherwise present, any records required by this chapter …

§486M-6 Applicability. Any dealer who is otherwise licensed shall comply with the provisions of this chapter as a condition of the dealer's license except as to those statutory conditions of the license which are more restrictive. [L 1982, c 282, pt of §2; am L 1991, c 120, pt of…

§486M-7 Penalties. Any dealer, or any agent, employee, or representative of a dealer who intentionally, knowingly, or recklessly violates any of the provisions of sections 486M-2, 486M-3, or 486M-4, or who refuses to allow the inspection provided for in section 486M-5, and any pe…

§486M-8 Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application,…

§486N-1 Definitions. As used in this chapter, unless the context otherwise requires: "Business day" means any calendar day on which the health club is open for inspection and use by the buyer, except Saturdays, Sundays, and state or federal holidays. "Buyer" means a natural perso…

§486N-10 Preoperative requirements. (a) No health club shall be considered fully operative until substantially all of the equipment and services listed in accordance with section 486N-9 are actually available for use by buyers. (b) Every health club contract shall provide that th…

[§486N-11] Violation; remedies. (a) A violation or failure to comply with any of the requirements of this chapter shall constitute an unfair or deceptive act within the meaning of section 480-2. (b) Any buyer damaged as a result of a violation or failure to comply with any of the…

[§486N-2] Exemptions. This chapter shall not apply to:

[§486N-3] Written contract required. Every health club contract shall be in writing. [L 1984, c 161, pt of §1]

[§486N-4] Copy of contract to buyer. A copy of the health club contract shall be issued to the buyer at the time the buyer signs the contract. [L 1984, c 161, pt of §1]

[§486N-5] Contents of contracts. In addition to all other requirements of this chapter, every health club contract shall include the following:

[§486N-6] Right of cancellation. (a) Every health club contract may be canceled by the buyer within five business days after the date on which the buyer signs the contract, by mailing or delivering written notice to the health club at an address which is specified in the contract…

[§486N-7] Cancellation for death or disability. (a) Every health club contract may be canceled, if by reason of death or disability the buyer is unable to receive all services as contracted. If the inability to receive all services as contracted is due to disability, the buyer sh…

[§486N-7.5] Military personnel; federal active duty deployment outside State; cancellation or suspension of contract. (a) In addition to cancellation of a health club contract under sections 486N-6 and 486N-7, a health club contract of a member of the United States military, incl…

§486N-8 Duration of contracts. (a) Every health club contract shall specify the duration of the contract. The unexpired, aggregate term of any health club contract or contracts and any extensions or renewals thereof shall at no time exceed thirty-six months per buyer. In no case …

[§486N-8.5] Payment of contract price. Every health club contract in excess of one year in duration shall provide that the contract price be paid by an installment plan, whereby no more than twenty per cent of the contract price can be paid as the initial payment, and the balance…

[§486N-9] List of equipment and services required. Every health club shall provide to each buyer prior to the time the buyer signs the contract, a written list of equipment or services which are or will be available for use by the buyer at the health club, including any condition…

§486P-1 Definitions. As used in this chapter: "Attorney general" means the attorney general of the State of Hawaii. "Brand family" means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers, including but not …

§486P-2 Reports to attorney general. (a) Except as provided in subsection (b), any tobacco product manufacturer selling cigarettes to consumers within this State (whether directly or through a distributor, retailer or similar intermediary or intermediaries) shall file a report wi…

§486P-3 Penalties. (a) The attorney general may bring a civil action against any entity that fails to file the reports required under this chapter. (b) The attorney general may bring a civil action against any entity engaged in the business of manufacturing, wholesaling, distribu…

[§486P-4] Unregistered nonresident or foreign nonparticipating manufacturers; agent; notice. (a) A nonresident or foreign nonparticipating manufacturer that has not registered to do business in this State as a foreign corporation or business entity shall, as a condition precedent…

[§486P-5] Certification; participating manufacturers; nonparticipating manufacturers. (a) Every tobacco product manufacturer whose cigarettes are sold in this State, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, shall execute and …

[§486P-6] Directory; updates; information to be maintained and provided. (a) Not later than November 1, 2003, the attorney general shall develop and make available for public inspection, a directory that includes a list of all tobacco product manufacturers that have provided a cu…

[§486P-7] Use and disclosure of information. The information received by the attorney general under this chapter shall be used only for purposes of enforcement of this chapter, chapter 245, and chapter 675; provided that the attorney general may share any information with authori…

[§487-1] Legislative intent. The public health, welfare and interest require a strong and effective consumer protection program to protect the interests of both the consumer public and the legitimate business person. Toward this end, a permanent office of consumer protection is c…

§487-10 Investigators, appointment and powers. The director shall appoint and commission one or more investigators as the exigencies of the public service may require. Persons appointed and commissioned under this section shall have and may exercise all the powers and authority o…

[§487-12] Assurance of voluntary compliance. In lieu of instituting or continuing an investigation or action pursuant to section 487-5(6), the director may accept written assurance of voluntary compliance from the person or persons suspected of violation. The director will obtain…

§487-13 Unlicensed acts; penalties. (a) Any person who furnishes commodities or services for which a license, registration, or certificate is required from the department of commerce and consumer affairs or any board or commission thereunder without having such license, registrat…

§487-14 Restitution. (a) In any action brought by the director of the office of consumer protection, the court may include in its orders or judgments such provisions as may be necessary to effect restitution. Any person in whose favor restitution is ordered need not accept restit…

§487-15 Injunction. The director of commerce and consumer affairs or the office of consumer protection may bring civil proceedings to enjoin any violation of section 487-13(a) or any other unlawful act or practice affecting consumers, trade, or commerce. [L 1979, c 198, §1; am L …

[§487-16] Appointment of receiver; powers; limitation. (a) If the director initiates any action in circuit court under this chapter against a person for allegedly engaging in unfair or deceptive acts or practices in violation of section 480-2, the court may appoint a receiver for…

§487-2 Office of consumer protection; director. There is created within the department of commerce and consumer affairs an office of consumer protection. The director of commerce and consumer affairs shall be the director of the office of consumer protection and may appoint an ex…

§487-3 Personnel. (a) The director may appoint as staff members persons who have been admitted to practice law before the supreme court of this State without regard to chapter 76. All other employees shall be appointed by the director in accordance with chapter 76. (b) The direct…

§487-4 Salary and duties of executive director; benefits. The director may define the executive director's powers and duties and fix the executive director's compensation. The executive director and attorney staff members shall be entitled to participate in any employee benefit p…

§487-5 General functions, powers, and duties. The director of the office of consumer protection is designated the consumer counsel for the State and shall represent and protect the State, the respective counties, and the general public as consumers. The director of the office of …

§487-6 Consumer advisory council. There shall be a consumer advisory council consisting of eleven members who shall be appointed by the governor and serve at the governor's pleasure. There shall be at least one member from each of the counties of the State. The chairperson of the…

[§487-7] Cooperation with office of consumer protection. Each department, agency, officer and employee of the State and of the counties shall cooperate with and assist the office of consumer protection in the performance of the functions, powers and duties of the office. [L 1969,…

[§487-8] Powers and duties of other departments and agencies. Nothing contained in this chapter shall be deemed to delegate or detract in any way from the functions, powers and duties prescribed by law for any other department or agency of the State, nor to interrupt or preclude …

§487-9 Investigations. The director in the course of the director's investigations may subpoena witnesses, examine them under oath, and require the production of books, papers, documents, or objects which the director deems relevant to the investigation. Service of the subpoena m…

§487A-1 Plain language in consumer transactions. (a) Every written agreement entered into on or after July 1, 1981: shall be written in a clear and coherent manner using words with common and everyday meanings, and appropriately divided and captioned by its various sections. (b) …