§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amended, or repealed in compliance with chapter 91.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)".