Hawaii Revised Statutes
441. Cemetery and Funeral Trusts
441-23 Fine, revocation, suspension, and renewal of authority licenses.

§441-23 Fine, revocation, suspension, and renewal of authority licenses. In addition to any other actions authorized by law, the director may fine an authority, revoke any authority license, or suspend the right of the licensee to use the license, or refuse to renew any license for any cause authorized by law, including but not limited to the following:
(1) Any dishonest or fraudulent act as a cemetery or pre-need funeral authority that causes substantial damage to another;
(2) Making repeated misrepresentations or false promises through advertising or otherwise;
(3) Violation of this chapter or the rules adopted pursuant thereto;
(4) Commingling the money or other property of others with that of the licensee;
(5) Having been adjudicated insane or incompetent;
(6) Selling or offering to sell any cemetery property, pre-need interment, funeral services, or pre-need funeral services based on speculation or promises of profit from resale;
(7) Failing to file the actuarial study or an audited financial statement or to maintain in effect the bond as required by section 441-22;
(8) Failing to maintain pre-need trusts or perpetual care funds as required by this chapter; or
(9) Violating section 441-22.7. [L 1967, c 199, pt of §1; HRS §441-23; am L 1969, c 242, §6; am L 1974, c 205, §2(7); am L 1975, c 21, §8; am L 1981, c 221, §9; am L 1982, c 66, §6; am L 1985, c 101, §9; am L 1992, c 202, §51; am L 1998, c 232, §4]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 25. Professions and Occupations

441. Cemetery and Funeral Trusts

441-1 Definitions.

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.

441-5.5 Family burial plots.

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.

441-10 Proration and consolidation of existing improvement district encumbrances in order to clear such encumbrances prior to dedication.

441-11 Use as cemetery may not be disturbed after dedication.

441-12 Mortgages and liens; consumer contracts; sales prohibited.

441-13 Sale of plots after dedication; sale of encumbered plots prohibited unless encumbrance subordinate to dedication.

441-14 Dedication to cemetery purposes does not violate laws against perpetuities.

441-15 Removal of dedication.

441-16 Hearing.

441-17 Existing cemeteries deemed dedicated; extension of existing cemeteries.

441-18 REPEALED.

441-19 Powers and duties of director.

441-19.5 REPEALED.

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 Bond.

441-22.1 Exemption.

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.

441-22.7 Further additional charges or fees for perpetual care prohibited; unfair or deceptive act or practice; penalty.

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.

441-26 to 441-28 REPEALED.

441-29 Application for license; fees.

441-30 Form of licenses.

441-30.5 Transfer of license.

441-31 Fees; biennial renewals.

441-32 Delivery of agreement.

441-32.5 Sales contracts; filing with the director.

441-33 REPEALED.

441-34 REPEALED.

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.

441-44 Trustee's account; enforcement by attorney general.

441-45 Penalty.

441-46 Surrender of license.