2015 Hawaii Revised Statutes
TITLE 26. TRADE REGULATION AND PRACTICE
484. Uniform Land Sales Practices Act
484-10 General powers and duties.

§484-10 General powers and duties. (a) The director shall prescribe reasonable rules which shall be adopted, amended, or repealed in compliance with chapter 91. The rules shall include, but not be limited to, provisions for advertising standards to assure full and fair disclosure; provisions for escrow or trust agreements or other means reasonably to assure that all improvements referred to in the application for registration and advertising will be completed and that purchasers will receive the interest in land contracted for; provisions for operating procedures; and other rules as are necessary and proper to accomplish the purpose of this chapter.

(b) The director by rule or by an order, after reasonable notice and hearing, may require the filing of advertising material relating to subdivided lands prior to its distribution.

(c) If it appears that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter, or a rule or order hereunder, the director, with or without prior administrative proceedings, may bring an action in the circuit court to enjoin the acts or practices and to enforce compliance with this chapter or any rule or order hereunder. Upon proper showing, injunctive relief or temporary restraining orders shall be granted, and a receiver or conservator may be appointed. The director is not required to post a bond in any court proceedings.

(d) The director may intervene in a suit involving subdivided lands. In any suit by or against a subdivider involving subdivided lands, the subdivider promptly shall furnish the director notice of the suit and copies of all pleadings.

(e) The director may, but shall not be obligated to:

(1) Accept registrations filed in other states or with the federal government;

(2) Contract with similar agencies in this State or other jurisdictions to perform investigative functions;

(3) Accept grants-in-aid from any source.

(f) The director shall cooperate with similar agencies in other jurisdictions to establish uniform filing procedures and forms, uniform public offering statements, advertising standards, rules, and common administrative practices.

(g) The director may seek certification of this chapter from the Secretary of Housing and Urban Development pursuant to 15 United States Code section 1708.

(h) The director, from time to time, may hire consultants, who shall not be subject to chapter 76, to do any detailed inspection reports permitted or required by this chapter, the cost of which shall be borne by the applicant pursuant to section 484-20(b).

(i) The director, from time to time, may hire consultants in connection with the review of a subdivider's application for a preliminary or final order of registration. The consultant shall be asked to review thoroughly the application for the purpose of examining its compliance with the requirements of this chapter and any rules adopted, including the documentation and other materials provided in connection therewith, and the disclosure thereof in the public offering statement, a final order of registration, or any amended public offering statement to be provided to the purchasers. Upon completing the review, the consultant shall provide a written analysis of the application and any public offering statement and an opinion of the nature and extent to which the application and any public offering statement comply with this chapter and the rules adopted pursuant thereto. The consultants shall not be subject to chapter 76, and the cost of retaining them shall be borne by the subdivider. [L 1967, c 223, §10; HRS §484-10; am L 1983, c 175, §9; am L 1992, c 132, §§12, 13; am L 2002, c 253, §150]

Revision Note

In subsection (h), reference to "484-20(b)" substituted for "484-20(b)(3)".