HAR §16-116-34. Notarized statement

(a) Each agency shall provide, by way of notarized verification by the principal owner or a responsible person of the travel agency, the following information on a form provided by the director: (1) The date the account was established, account number, name and address of the federally insured financial institution located in Hawaii; (2) That sums received from consumers for travel services have been deposited, or charged to the appropriate payment processing or card issuing company, by the agency within five business days of receipt or charge, as the case may be; (3) That withdrawals made were: (A) For partial or full payment for travel services to the entity or an authorized representative of the entity directly providing the travel services; (B) For partial or full payment to another registered travel agency who in turn will be paying the travel services provider from the travel agency’s account; (C) To provide refunds to consumers; (D) To withdraw advance deposits made by the agency; (E) To withdraw the amount of the sales commissions, up to a maximum of fifteen per cent; 116-7 §16-116-34 (F) To withdraw any interest earned and credited to the trust account; or (G) Subsequent to providing all travel services, tickets, or other documentation binding upon the ultimate provider to the consumer; and (4) That the account has not been closed. (5) All notarized statements shall have been prepared within three months of the due date to the director. (b) A travel agency shall make available for inspection and audit the agency’s books and records, including books and records of any branch office within three business days of a written request by the director or the director’s authorized delegate. [Eff 2/3/92; am and comp 1/16/93] (Auth: HRS §468L-3) (Imp: HRS §§468L-3, 468L-5)