Hawaii Revised Statutes
441. Cemetery and Funeral Trusts
441-24 Inspection of cemetery or pre-need funeral authority books.

§441-24 Inspection of cemetery or pre-need funeral authority books. The books, records, and papers of every cemetery authority whether or not a corporation, which operates or claims to operate a perpetual care cemetery, and of every pre-need funeral authority shall be subject to examination by the director as provided by law, and every cemetery authority operating a perpetual care cemetery, and every pre-need funeral authority shall submit such information as may be required by the director to furnish information as to whether or not the cemetery or pre-need funeral authority has complied with this chapter.
The records of every cemetery authority shall include the information required under section 441-3(b). The records of every cemetery and pre-need funeral authority shall also include a record of any and all notifications from purchasers or representatives of purchasers regarding:
(1) Any change in address; and
(2) Notice of cancellation,
and shall include copies of any and all written notices of termination that were sent to purchasers. Change of address notices, cancellation notices, and notices of termination relating to each contract containing any pre-need funeral services or pre-need interment services shall be maintained by the authority at all times prior to delivering goods or rendering services on the contract and for a period of at least six months after all goods have been delivered or all services have been rendered. [L 1967, c 199, pt of §1; HRS §441-24; am L 1969, c 242, §7; am L 1975, c 21, §9; am L 1981, c 221, §10; am L 1983, c 167, §15; am L 1985, c 270, §4; am L 2002, c 40, §75; am L 2007, c 188, §6]

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.