§441-22.7 Further additional charges or fees for perpetual care prohibited; unfair or deceptive act or practice; penalty. (a) Subsequent to the execution of a valid written contract for the sale of cemetery property, interment services, funeral services, and related commodities by a mortuary, cemetery, or pre-need funeral authority to a purchaser in accordance with this chapter, further additional charges or fees for perpetual care shall be prohibited beyond those originally agreed upon in the contract and no such charges or fees shall be charged or collected by the seller for any purpose and upon any occasion; provided that a reasonable fee may be charged for administrative costs related to the transfer of ownership rights, including the cost of research, document and file preparation, photocopying, notary fees, records transfer and storage, and any other costs directly related to the transfer of ownership rights.
(b) A mortuary, cemetery, or pre-need funeral authority who violates subsection (a) is guilty of engaging in an unfair or deceptive act or practice under section 480-2, and shall be fined not less than $500 nor more than $10,000 for each violation. The penalties provided in this subsection are cumulative to the remedies or penalties available under all other laws of this State. [L 1998, c 232, §1]
Structure Hawaii Revised Statutes
Title 25. Professions and Occupations
441. Cemetery and Funeral Trusts
441-2 Certificate of dedication.
441-3 Map or plat required; unique identifier.
441-4 Subdivision law not applicable; approval of location and boundaries by council.
441-5 Securities law not applicable to sales of cemetery property.
441-6 When dedication complete; effect of dedication.
441-7 Constructive notice of dedication.
441-8 Resurvey; amended map or plat.
441-9 Dedicated property exempt from improvement assessment.
441-11 Use as cemetery may not be disturbed after dedication.
441-12 Mortgages and liens; consumer contracts; sales prohibited.
441-14 Dedication to cemetery purposes does not violate laws against perpetuities.
441-17 Existing cemeteries deemed dedicated; extension of existing cemeteries.
441-19 Powers and duties of director.
441-20 License required to act as cemetery or pre-need funeral authority.
441-20.5 Audit of records of cemetery or pre-need funeral authority.
441-20.6 Retaining consultants.
441-21 No cemetery or pre-need funeral authority license issued when.
441-22.2 Pre-need trusts required.
441-22.5 Mortuary, cemetery, or pre-need funeral authority; disclosure requirements.
441-22.6 Mortuary, cemetery, or pre-need funeral authority: price list to be furnished.
441-22.8 Cancellation; default and termination; refund.
441-23 Fine, revocation, suspension, and renewal of authority licenses.
441-24 Inspection of cemetery or pre-need funeral authority books.
441-24.5 Pre-need trusts and perpetual care funds; audited financial statements.
441-24.6 Pre-need trusts and perpetual care funds; actuarial studies.
441-24.7 Actuarial study, audited financial statement, trust agreement; available for review.
441-25 License not required to act as cemetery or pre-need funeral salesperson.
441-29 Application for license; fees.
441-31 Fees; biennial renewals.
441-32.5 Sales contracts; filing with the director.
441-35 Perpetual care fund expressly permitted.
441-36 Perpetual care required.
441-37 Trustee of perpetual care fund and pre-need trust.
441-38 Contributions and payments to the trustee.
441-39 Principal of fund or trusts; use of income, reserves.
441-40 Application of principal and income; responsibility of trustee.
441-41 Investment of perpetual care funds and pre-need trusts.
441-42 Trustee's compensation.
441-43 Inspection, regulation, and supervision of administrator.