Title 36, Civil Remedies And Defenses And Special Proceedings

§672E-3 Notice of claim of construction defect. (a) A claimant, no later than ninety days before filing an action against a contractor, shall serve the contractor with a written notice of claim. The notice of claim shall: The notice of claim shall not constitute a claim under any…

§672E-4 Rejection of claim; opportunity to repair construction defect. (a) The contractor rejects a claimant's claim of construction defects by: (b) The contractor, within thirty days after service of the notice of claim, shall serve the claimant and any other contractor that has…

§672E-5 Written notice of acceptance; access to premises. (a) The claimant, within thirty days after receipt of a contractor's settlement offer, may accept any offer by serving the contractor with a written notice of acceptance; provided that an association shall have forty-five …

§672E-6 Offer of settlement. (a) Any time after the service of the notice of claim, any party may serve an offer of settlement. (b) If the offer is accepted, the parties shall be deemed to have resolved the claim in whole or in part pursuant to the offer. (c) An offer not accepte…

§672E-7 Mediation. (a) If the parties are unable to resolve the claim pursuant to section 672E-5 or 672E-6, all parties shall attempt to resolve the dispute through mediation, even if mediation is not otherwise ordered or mandated by contract or by law; provided that the parties …

§672E-8 Statute of limitations on actions exception. If an applicable statute of limitation or repose would preclude an action after the notice of claim has been served but before the dispute is resolved under this chapter, the claimant may file an action against the contractor b…

[§672E-9] Additional construction defects. A construction defect discovered after the notice of claim is served may not be alleged in an action until the claimant has given the contractor:

[§673-1] Waiver of immunity. (a) The State waives its immunity for any breach of trust or fiduciary duty resulting from the acts or omissions of its agents, officers and employees in the management and disposition of trust funds and resources of: and shall be liable in the same m…

§673-10 Limitation on actions; native Hawaiians. Every claim arising under this chapter shall forever be barred unless the action is commenced within two years after the cause of action first accrues; provided that this statute of limitations shall be tolled until July 1, 1990; p…

[§673-2] Right to sue. (a) Native Hawaiians as defined in section [201(a)] of the Hawaiian Homes Commission Act, native Hawaiian organizations, the office of Hawaiian affairs, and Hawaiians defined as any person who is qualified to succeed to a homestead lease under section 209 o…

[§673-3] Exhaustion of administrative remedies. Before an action may be filed in circuit court under this chapter, the party filing suit shall have exhausted all administrative remedies available, and shall have given not less than sixty days written notice prior to filing of the…

[§673-4] Scope of relief. (a) In an action under this chapter the court may only award land or monetary damages to restore the trust which has been depleted as a result of any breach of trust duty and no award shall be made directly to or for the individual benefit of any particu…

[§673-5] Attorney's fees and costs. (a) In any action under this chapter, the court shall, upon a specific finding that a non-prevailing party's claim or defense was frivolous, assess against such party and award to the prevailing party, and enter as part of its order or judgment…

[§673-6] Award or judgment as bar. An award or judgment in an action under this chapter shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the agent, officer, or employee of the State whose act or omission gave rise to the…

[§673-7] Limited remedy. This chapter shall not be construed to limit or enlarge the scope of rights available under any other claims, proceedings or other actions against the State, its officers and employees, arising under chapter 662 or other provisions of law. [L 1988, c 395,…

[§673-8] Proof of liability. In no action under this chapter shall any liability be implied against the State, and no award shall be made against the State except upon such legal evidence as would establish liability against an individual or corporation. [L 1988, c 395, pt of §2]

[§673-9] Inapplicability to share of office of Hawaiian affairs. This chapter shall not apply to suits in equity or law brought by or on behalf of the office of Hawaiian affairs in which the matters in controversy involve the proportionate share of ceded land or special fund reve…

PART I. PURPOSE AND DEFINITIONS §674-1 Purpose. The purpose of this chapter is to establish a process under which individual beneficiaries under the Hawaiian home lands trust may resolve claims for actual damages arising out of or resulting from a breach of trust, which occurred …

§674-10 Findings and advisory opinion. (a) The panel shall prepare findings and an advisory opinion concerning the probable merits of a claim, probable award of compensation, or recommended corrective action by the State. (b) The findings and advisory opinion shall be signed by a…

§674-11 Subsequent litigation; excluded evidence. No statement made in the course of any investigation, hearing, or review proceedings of the panel shall be admissible in evidence either as an admission, to impeach the credibility of a witness, or for any other purpose in any leg…

[§674-12] Immunity of panel members from liability. No member of the panel shall be liable in damages for libel, slander, or other defamation of character of any party to a panel proceeding for any action taken or any opinion, conclusion, finding, or recommendation made by a pane…

§674-13 Legal adviser. The panel, in accordance with section 28-8.3, shall obtain its own legal counsel to provide legal services necessary to implement the purposes of this chapter. [L 1991, c 323, pt of §1; am L Sp 1993, c 8, §53; am L 2015, c 35, §40]

§674-14 Annual report. The panel shall prepare a report to be transmitted to the governor and to the legislature, at least twenty days prior to the convening of the regular session of 1998, and a final report to be transmitted to the governor and to the legislature, at least twen…

[§674-15] Limitations upon award of compensation or corrective action. No claim shall be made under this chapter for which a remedy was or is provided elsewhere under the laws of this State, which is or was the subject of pending or prior litigation, or which is predicated, in wh…

[§674-15.5] Preclusion of title-related claims. Nothing in this chapter shall be construed to affect title, or conveyance of title, or place a cloud upon title, to any lands in the State, including but not limited to lands which were, are, or may have been Hawaiian home lands. [L…

PART III. JUDICIAL RELIEF FOR RETROACTIVE CLAIMS BY INDIVIDUAL NATIVE HAWAIIANS §674-16 Waiver of immunity. (a) The State waives its immunity from liability for actual damages suffered by an individual beneficiary arising out of or resulting from a breach of trust or fiduciary du…

§674-17 Right to sue, individual claims. (a) An aggrieved individual claimant shall have the right to bring an action, in accordance with this part, in the circuit courts of the State for recovery of actual damages suffered by the claimant arising out of or resulting from a breac…

[§674-18] Scope of relief. In an action under this part the court may award actual damages to a successful claimant. [L 1991, c 323, pt of §1]

§674-19 Limitation on actions. Every claim cognizable under this part shall forever be barred unless the action is commenced by December 31, 1999. [L 1991, c 323, pt of §1; am L 1993, c 351, §12; am L Sp 1995, c 14, §15; am L 1997, c 382, §7]

§674-2 Definitions. As used in this chapter, unless the context otherwise requires: "Act" means the Hawaiian Homes Commission Act of 1920, as amended. "Actual damages" means direct, monetary out-of-pocket loss, excluding noneconomic damages as defined in section 663-8.5 and conse…

§674-20 No implied liability or award. In no case shall any liability be implied against the State, and no award shall be made against the State on any claim brought under this part except upon legal evidence that would establish liability against an individual or corporation. [L…

§674-21 Attorney's fees and costs. In any action brought under this part, the court may, as it deems just, award to a prevailing claimant and enter as part of its order or judgment, a reasonable sum for costs and expenses incurred, including reasonable attorney's fees. [L 1991, c…

PART II. INDIVIDUAL CLAIMS REVIEW PANEL [§674-3] Establishment of the board of individual claims resolution. There shall be a Hawaiian home lands trust individual claims review panel to be composed of five members and appointed as follows: the chairperson shall be appointed by th…

§674-4 Tenure and compensation of members. The term of office of each member of the panel shall be until December 31, 1999. Any member appointed to fill a vacancy shall be appointed by the governor for the remainder of the term. A vacancy in the panel shall not affect its powers.…

§674-5 Panel staff; power to contract. (a) Supervisory, administrative, investigatory, hearings, and clerical personnel necessary for the efficient functioning of the panel shall be appointed by the panel and the director of commerce and consumer affairs on a temporary exempt bas…

§674-6 Rulemaking powers. The panel shall adopt rules in accordance with chapter 91 prescribing the procedures to be followed in the filing of claims and in the proceedings for review of claims under this chapter, and any other rules as the panel deems necessary to carry out the …

§674-7 Review by panel required. Any individual beneficiary under the trust claiming actual damages arising out of or resulting from a breach of trust, which occurred between August 21, 1959, and June 30, 1988, and which was caused by an act or omission of an employee of the Stat…

[§674-8] Powers and procedures of the panel. (a) The panel may hold hearings or such other proceedings as it deems necessary, sit and act at such times and places, and take such testimony as the panel deems advisable. The panel shall fix a time and place for hearings or other pro…

§674-9 Panel hearing or review proceedings; fact-finding; evidence. No persons other than the panel or hearings officer, the claimant, representatives of the concerned state agency, legal counsel, witnesses, and persons called by the panel to assist in its review, shall be presen…

[§675-1] Findings and purpose. (a) Cigarette smoking presents serious public health concerns to the State and to the citizens of the State. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of…

[§675-2] Definitions. (a) "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. (b) "Affiliate" means a person who directly or indirectly owns or controls, is owned or controlled…

§675-3 Requirements. Any tobacco product manufacturer selling cigarettes to consumers within the State (whether directly or through a distributor, retailer or similar intermediary or intermediaries) after the date of enactment of this Act shall do one of the following: 1999: $.00…

[§675-4] Assignment of interest in qualified escrow fund to the State. (a) A tobacco product manufacturer that elects to place funds into a qualified escrow fund pursuant to section 675-3(b) may assign to the State the tobacco product manufacturer's interest in any moneys in the …

[§676‑1] Definitions. As used in this chapter, unless the context otherwise requires: "Annuity issuer" means an insurer that has issued a contract to fund periodic payments under a structured settlement. "Dependents" include a payee's spouse and minor children and all other perso…

[§676‑2] Required disclosures to payee. Not less than three days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than fourteen points, setting forth:

[§676‑3] Approval of transfers of structured settlement payment rights. No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to…