§484-13  Revocation.  (a)  A registration may be revoked by the director after notice and hearing upon a written finding of fact that the subdivider has:

     (1)  Failed to comply with the terms of a cease and desist order;

     (2)  Been convicted in any court subsequent to the filing of the application for registration for a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions;

     (3)  Disposed of, concealed, or diverted any funds or assets of any person so as to defeat the rights of subdivision purchasers;

     (4)  Failed faithfully to perform any stipulation or agreement made with the director as an inducement to grant any registration, to reinstate any registration, or to approve any promotional plan or public offering statement;

     (5)  Made intentional misrepresentations or concealed material facts in an application for registration or in the public offering statement.

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Terms Used In Hawaii Revised Statutes 484-13

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 484-1
  • Fraud: Intentional deception resulting in injury to another.
  • Person: means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Hawaii Revised Statutes 484-1
  • Public offering statement: means a statement that fully and accurately discloses the physical characteristics of the subdivided lands offered and all unusual or material circumstances or features affecting the subdivided lands. See Hawaii Revised Statutes 484-1
  • Subdivider: means any owner of subdivided land who offers the land for disposition or the principal agent of an owner, who has been duly authorized in a writing filed with the director. See Hawaii Revised Statutes 484-1

     Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.

     (b)  If the director finds after notice and hearing that the subdivider has been guilty of a violation for which revocation could be ordered, the director may issue a cease and desist order instead.