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;

Terms Used In Hawaii Revised Statutes 441-23

  • Cemetery: means any property, or part interest therein, dedicated to and used or intended to be used for the permanent interment of human remains. See Hawaii Revised Statutes 441-1
  • Cemetery property: means any property, or part or interest therein, dedicated to, used or intended to be used for, the permanent interment of human remains. See Hawaii Revised Statutes 441-1
  • Director: means the director of the department of commerce and consumer affairs. See Hawaii Revised Statutes 441-1
  • Funeral services: means arranging for or providing for pick up of human remains, embalming, placing the same on display, or otherwise providing for final disposition of human remains. See Hawaii Revised Statutes 441-1
  • Interment: means the disposition of human remains by cremation and inurnment, entombment, or burial in a place used, or intended to be used, and dedicated for cemetery purposes. See Hawaii Revised Statutes 441-1
  • Pre-need funeral authority: means any person who is engaged in the business of selling pre-need funeral services, or holds money in trust to provide for future funeral services; provided that this shall not apply to the designated trustee of the funds. See Hawaii Revised Statutes 441-1
(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 § 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.