The State Certified Arbitration Program (SCAP) in Hawaii
Hawaii's DCCA-administered State Certified Arbitration Program — a fast (45-day), low-cost state arbitration where the manufacturer pays the filing fee and decisions bind a participating manufacturer.
Hawaii resolves most lemon-law disputes through the State Certified Arbitration Program (SCAP) — a state-administered program established under HRS § 481I-4 and run by the Department of Commerce and Consumer Affairs (DCCA). It is fast, low-cost, and consumer-favorable.
How SCAP works
- Consumer elects SCAP arbitration (it is not a mandatory prerequisite to court).
- Filing fees: the manufacturer pays $200; the consumer pays $50 (refunded if the consumer prevails).
- DCCA administers the program and may contract with independent arbitration organizations.
- Decision within 45 days of the procedure being invoked — among the fastest of any state program.
- Remedies: a replacement vehicle or full refund plus collateral/incidental charges (the consumer elects).
Binding vs. nonbinding
- Once a party agrees to participate, all parties “shall also participate in, and be bound by” the decision.
- A consumer may instead elect nonbinding arbitration and demand a trial de novo within 30 days. But if the party demanding the trial fails to improve its position by 25% or more, the court awards the trial costs and attorney fees to the other side — a real risk to weigh before rejecting a SCAP decision.
Why SCAP is consumer-favorable
- Cheap — $50 (refundable) for the consumer; the manufacturer bears the $200 fee.
- Fast — 45 days, versus months of litigation.
- State-monitored — DCCA oversight, not a manufacturer-run program.
- Consumer-elected remedy — refund or replacement.
This is a meaningfully more consumer-friendly arbitration model than the manufacturer-operated programs of Idaho or the conditional IDS programs of Arizona and West Virginia.
What SCAP does NOT fully deliver
- Attorney fees are discretionary for the prevailing party in arbitration (§ 481I-4(c)) — not the mandatory fees available in court.
- UDAP § 480-13 treble and the $5,000 elder enhancement are court remedies, not SCAP awards.
- Magnuson-Moss claims are pursued in court.
When to accept SCAP vs. go to court
Accept SCAP for a clean, fast refund or replacement where the case lacks misrepresentation facts. Go to (or to court after nonbinding) court when you want the UDAP automatic treble, mandatory fees, the elder enhancement, or Magnuson-Moss — but weigh the 25% improvement rule before demanding a trial de novo.
Bottom line
SCAP is Hawaii’s fast, cheap, state-run path to a refund or replacement — manufacturer-funded and decided in 45 days. For automatic treble and mandatory fees, court under the UDAP is the stronger route. Get a free case review before accepting or rejecting a SCAP decision.
Related
Court Action in a Hawaii Lemon Law Case
Filing a Hawaii lemon-law lawsuit — Hawaii circuit court vs. federal D. Haw., the lemon-law / UDAP / Magnuson-Moss counts, and the 1-year-after-rights-period deadline.
Read → ArticleDocumenting Evidence for a Hawaii Lemon Law Claim
What to keep for a Hawaii lemon-law claim — repair orders, the business-day count (including mainland parts delays), the written report, and UDAP misrepresentation evidence.
Read → ArticleHow to File a Hawaii Lemon Law Claim
The step-by-step sequence for a Hawaii lemon-law claim — the written report, repair documentation, SCAP arbitration, and court action within 1 year of the Rights Period.
Read → ArticleThe Manufacturer's Response in a Hawaii Lemon Law Claim
How manufacturers respond to a Hawaii lemon-law claim — the opportunity to repair, the SCAP arbitration posture, and common defenses.
Read →Think you've got a lemon?
Compare your situation to your state's requirements — and connect with a vetted lemon-law attorney for a free case review.