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2024 Hawaii Revised Statutes
Title 26. Trade Regulation and Practice
482E. Franchise Investment Law
- 482E-1 Purpose and intent.
- 482E-2 Definitions.
- 482E-3 Offering circular.
- 482E-4 Exemptions.
- 482E-5 General provisions.
- 482E-6 Relationship between franchisor or subfranchisor and franchisee.
- 482E-7 REPEALED.
- 482E-8 Duties of the director.
- 482E-9 Civil liability.
- 482E-10 REPEALED.
- 482E-10.5 Civil penalty.
- 482E-10.6 Criminal penalties. (a) Violations of this chapter shall be as follows: (1) An offense in which the total value of all money and anything else of value paid by or lost by the victim pursuant to the same scheme, plan, or representation, or to the same entity, amounts to less than $5,000, shall be a class C felony. (2) An offense in which the total value of all money and anything else of value paid by or lost by the victim pursuant to the same scheme, plan, or representation, or to the same entity, amounts to $5,000 or more, shall be a class B felony. (b) In addition to the penalties provided in subsection (a), any person who violates this chapter shall forfeit to the State any interest or property acquired or maintained in connection with the violation, and any interest, security, claim, or property or contractual right of any kind affording a source of influence over any enterprise which was established, operated, controlled, conducted, or joined in connection with the violation. (c) The value of all money and anything else of value paid or lost by more than one victim pursuant to the same scheme, plan, or representation, or to the same entity, may be aggregated in determining the class or grade of the offense. (d) Upon conviction of a person under this chapter, the circuit court shall authorize the county attorney or prosecutor, or the attorney general, as the case may be, to seize all property or other interest declared forfeit pursuant to subsection (b) upon such terms and conditions as the court shall specify. The State shall dispose of such property or other interest as soon as feasible making due provision for the rights of innocent persons. If a property right or other interest is not exercisable or transferable so as to be of value to the State, it shall remain in the possession of the State and the director shall dispose of it as deemed proper by the director; provided that the violator shall not benefit from any such disposal. (e) Notwithstanding any other law to the contrary, a person who has been conv
- 482E-10.7 Violation of chapter; cease and desist order. (a) Whenever it appears to the director that any person has engaged in or is about to engage in any act or practice constituting a violation of this chapter, or any order or rule issued or adopted thereunder, the director may issue a cease and desist order to enforce compliance with this chapter or any such order or rule. The director shall have the discretion to determine the disposition of any executory contracts entered into by the respondent and shall specify in the order whether existing executory contracts shall be suspended or completed. (b) Upon the issuance of an order under subsection (a), the director shall promptly notify the respondent that the order has been issued and the reasons therefor; that the respondent shall have thirty days to request a hearing in writing; and that if a hearing is requested, the hearing shall commence within fifteen business days of the request, unless extended by the director for good cause. During the pendency of any hearing requested, the cease and desist order shall remain in effect unless vacated or modified by the director. (c) After the hearing, the director shall issue a final order that shall affirm, vacate, or modify the order in effect during the pendency of the hearing. If no hearing is requested and none is ordered by the director, the order shall remain in effect until it is modified or vacated by the director. (d) All hearings and rehearings shall be public. (e) Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the respondent or the respondent's assets. The court shall not require the director to post a bond. [L 1988, c 339, §3]
- 482E-11 Fees.
- 482E-12 Administration.
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