(a) No license issued under this chapter shall be transferred, assigned, or loaned to another person. Any transaction involving the transfer of a licensee’s business to another person shall require the prior approval of the director.

Terms Used In Hawaii Revised Statutes 441-30.5

  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • Director: means the director of the department of commerce and consumer affairs. See Hawaii Revised Statutes 441-1
  • Person: means an individual, partnership, corporation, county, association, or any other group however organized. 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
(b) The director may disapprove the proposed transfer of a license:

(1) For failure of the current licensee to meet and satisfy the requirements of § 441-46;
(2) For failure of the person intending to assume the current licensee’s business to meet and satisfy the requirements of section cemetery or pre-need funeral authority license issued when” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>441-21; or
(3) In the interest of the contract holders of the current licensee.
(c) Within sixty days after receipt of the notification of disapproval of the transfer of the licensee’s business, the licensee may request an administrative hearing to review the disapproval pursuant to chapter 91.

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