Haw. Rev. Stat. § 462A-10 — HI Code / Division 2 / Title 25 / Chapter 462A / Section 462A-10
Piloting without a license.
Status: in_force

It shall be unlawful for any person not licensed as a pilot under this chapter to pilot or to offer to pilot a vessel not exempt from this chapter. It shall be unlawful for any person on board a tug or towboat to tow a vessel or barge not exempt from this chapter, unless the vessel or barge shall have on board a pilot licensed under this chapter. Violation of this section shall be a misdemeanor.
Haw. Rev. Stat. § 440E-9 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-9
License fees.
Status: in_force

License fees shall be paid biennially to the State by every applicant to whom a license is issued to participate in the conduct of mixed martial arts in any of the following capacities set forth in this chapter: promoter, physician, referee, judge, manager, second, and mixed martial arts contestant. The charge for a duplicate license and all fees required by this chapter shall be as provided in rules adopted by the director pursuant to chapter 91 and shall be deposited with the director to the credit of the compliance resolution fund.
Haw. Rev. Stat. § 461J-10.15 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-10.15
Recordkeeping for continuing competence.
Status: in_force

(a) Each licensee shall keep and maintain records showing that each course or activity for which credit is claimed has been completed.

(b) These records shall reflect the title of the course or activity, the date taken or completed, and the record of participation.

(c) Each licensee shall retain such documentation for a period of seven years after the course or activity concludes.

(d) Each licensee shall provide copies of such documentation to the board or its designee within fourteen calendar days after being requested to provide such documentation. [L 2013, c 35, pt of §1]
Haw. Rev. Stat. § 436B-14.6 — HI Code / Division 2 / Title 25 / Chapter 436B / Section 436B-14.6
[ §436B-14.
Status: in_force

[ §436B-14.6] Licensure by endorsement or licensure by reciprocity; experience requirements. (a) Unless otherwise provided by law, an applicant for licensure by endorsement or licensure by reciprocity who is a nonresident military spouse may demonstrate competency in a specific profession or vocation as determined by the licensing authority in lieu of a requirement that the applicant has worked or practiced in that profession or vocation for a specified period of time prior to the application for licensure by endorsement or licensure by reciprocity.

(b) The licensing authority shall expedite consideration of the application and issuance of a license by endorsement or license by reciprocity to a nonresident military spouse who meets the requirements of this section. [L 2012, c 247, pt of §1]
Haw. Rev. Stat. § 454F-10.6 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-10.6
[ §454F-10.
Status: in_force

[ §454F-10.6] Voluntary cessation of operation; surrender of license. (a) Subject to the approval of the commissioner, a licensee may voluntarily cease activity for which a license to operate has been issued under this chapter by delivering to the commissioner a written notice of surrender, which shall include but not be limited to:

(1) A plan of cessation of business;

(2) Provisions for the transfer or assumption of assets;

(3) Provisions for pending applications or transactions;

(4) Provisions for payment or assumption of liabilities;

(5) Provisions for the disposition of individual mortgage loan originator licenses; and

(6) Provisions for transfer or assumption of all trust, agency, and other fiduciary relationships and accounts.

(b) The commissioner shall approve the surrender if:

(1) The commissioner is satisfied with the plan as set forth by the licensee; and

(2) No other reason exists to deny the request for surrender;

provided that the commissioner may impose any restrictions and conditions as the commissioner deems appropriate.

(c) The surrender shall not affect rights and duties that have matured, penalties that were incurred, and proceedings that were begun before the effective date of the surrender of a license under this section. [L 2010, c 84, pt of §3]
Haw. Rev. Stat. § 437-35.5 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-35.5
Misdemeanor.
Status: in_force

Any person who is convicted of violating any provision of this chapter or rules of the board, or who engages in the business as or serves in the capacity of, or acts as a motor vehicle dealer, salesperson, auction, manufacturer, or distributor in the State or otherwise engages in the business of selling or negotiating for the purchase of motor vehicles in this State without being licensed as provided in this chapter, shall have committed a misdemeanor and be subject to a fine of not more than $1,000, or imprisoned not more than one year, or both.
Haw. Rev. Stat. § 447-7 — HI Code / Division 2 / Title 25 / Chapter 447 / Section 447-7
Filing of false information; revocation of license.
Status: in_force

The board of dentistry shall refuse to grant a license to any applicant or shall revoke the license of any person who knowingly records, registers, or files, or offers for recordation, registration, or filing with the department of commerce and consumer affairs any written statement which has been falsely made, completed, or altered, or in which a false entry has been made, or which contains a false statement or false information.
Haw. Rev. Stat. § 440-28 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-28
Wages of contestant; prepayment prohibited.
Status: in_force

All moneys paid to a contestant for services, as money prize, reward, compensation, or otherwise, shall be considered wages. No contestant shall be paid for services before a boxing contest, provided that with the approval of the commission, a promoter may advance sums of money for training purposes.
Haw. Rev. Stat. § 442-20 — HI Code / Division 2 / Title 25 / Chapter 442 / Section 442-20
REPEALED.
Status: in_force

L 1992, c 202, §196.
Haw. Rev. Stat. § 456-19 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-19
Notary public signing for disabled person.
Status: in_force

A notary public may sign the name of a person physically unable to sign or to make a mark on a document presented for notarization; provided that the notary public is satisfied that the person has voluntarily given consent for the notary public to sign on the person's behalf, if the notary public writes, in the presence of the person: "Signature affixed by notary public pursuant to section 456-19, Hawaii Revised Statutes." beneath the signature, and if a doctor's written certificate is provided to the notary public certifying that the person is unable to physically sign or make a mark because of the disability, and that the person is capable of communicating the person's intentions. The certificate shall be attached to the document.
Haw. Rev. Stat. § 444-31 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-31
The contractors license board has standing in court.
Status: in_force

When the contractors license board receives notice, as provided in section 444-28(a), the contractors license board may enter an appearance, file an answer, appear at the court hearing, defend the action or take whatever other action it may deem appropriate. The contractors license board or its legal representative shall be served with all pleadings in an action which may result in a recovery from the contractors recovery fund.

Settlement of any claim against the contractors recovery fund shall be made only with the unanimous agreement of the contractors license board, director of commerce and consumer affairs and attorney general that settlement is in the best interest of the contractors recovery fund. [L 1973, c 170, pt of §1; am L 1982, c 204, §8; am L 1983, c 124, §17]
Haw. Rev. Stat. § 437D-16 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-16
Application of insurance laws.
Status: in_force

None of the provisions of this chapter shall apply to the issuance of collision insurance underwritten by an insurer authorized to transact property and casualty business in this State; provided that the insurer is not a lessor as defined in this chapter or a limited line motor vehicle rental company producer as defined in [section] 431:9A-141.
Haw. Rev. Stat. § 448F-6 — HI Code / Division 2 / Title 25 / Chapter 448F / Section 448F-6
Denial of licensure.
Status: in_force

No applicant shall be licensed as an electrologist if:

(1) The applicant has been convicted of a crime and the basis of denial of licensure falls within the exceptions provided in section 831-3.1;

(2) The applicant has been declared mentally incompetent by any court and the decree has not since been dismissed; or

(3) Proceedings brought against the applicant pursuant to this section resulted in findings of any of the causes listed in section 448F-7(b). [L 1990, c 285, pt of §1; am L 1992, c 202, §84]
Haw. Rev. Stat. § 448F-10 — HI Code / Division 2 / Title 25 / Chapter 448F / Section 448F-10
REPEALED.
Status: in_force

L 1992, c 202, §205.
Haw. Rev. Stat. § 462A-3 — HI Code / Division 2 / Title 25 / Chapter 462A / Section 462A-3
Powers and duties of the director.
Status: in_force

In addition to any other powers and duties authorized by law, the director shall:

(1) Grant licenses to port pilots and deputy port pilots pursuant to this chapter, when the need arises;

(2) Adopt, amend, or repeal rules in accordance with chapter 91 as may be necessary to carry out the purposes of this chapter which are to provide for maximum efficiency in navigating vessels entering or leaving the waters of this State; maintain a pilotage system devoted to the preservation, and protection of lives, property, and vessels entering or leaving waters of the State; and ensure an adequate supply of qualified pilots in aid of commerce and navigation;

(3) Develop appropriate standards for licensure and renewal of licensure to maintain an adequate supply of pilots based on the needs of users of pilotage services or the department of transportation's harbors division. Licensing requirements shall include examinations and investigations to determine whether persons applying for full port pilot, or deputy port pilot licenses are qualified;

(4) Enforce this chapter and rules adopted pursuant thereto;

(5) Suspend, revoke or deny the issuance of any license for any cause prescribed by this chapter, or for any violation of the rules;

(6) Investigate any person for violations of any provisions of this chapter;

(7) Adopt methods to improve disciplinary and enforcement programs against violations of this chapter; and

(8) Do all things reasonable, necessary, and expedient to insure proper and safe pilotage and to facilitate the efficient administration of this chapter. [L 1978, c 231, pt of §2; am L 1983, c 8, §1; am L 1985, c 126, §3; am L 1988, c 131, §1; am L 1992, c 202, §144; am L 2001, c 13, §3; am L 2015, c 48, §1]
Haw. Rev. Stat. § 467-1 — HI Code / Division 2 / Title 25 / Chapter 467 / Section 467-1
Definitions.
Status: in_force

As used in this chapter:

"Commission" means the real estate commission of the State.

"Custodian or caretaker" means any individual, who for compensation or valuable consideration, is employed as an employee by a single owner and has the responsibility to manage or care for that real property left in the individual's trust; provided that the term "custodian" or "caretaker" shall not include any individual who leases or offers to lease, or rents or offers to rent, any real estate for more than a single owner; provided further that a single owner shall not include an association of owners of a condominium, cooperative, or planned unit development.

"Hotel" includes a structure or structures used primarily for the business of providing transient lodging for periods of less than thirty days and which furnishes customary hotel services including but not limited to front desk, restaurant, daily maid and linen service, bell service, or telephone switchboard; provided that for the purposes of this chapter, units in a project as defined by section 514B-3 that provide customary hotel services shall be excluded from the definition of hotel. The definition of "hotel" as set forth in this section shall be in addition to and supplement the definition of "hotel" as set forth in the various county ordinances.

"Real estate" means and includes lands, the improvements thereon, leaseholds, and all other interests in real property. It shall be immaterial that a transaction also involves property other than real estate, as for example a transaction for the sale of an ongoing business, an asset of which consists of a leasehold or other interest in real property. In such a case, to the extent that real estate is involved, it shall be considered a real estate transaction for the purpose of this definition.

"Real estate broker" means any person who, for compensation or a valuable consideration, sells or offers to sell, buys or offers to buy, or negotiates the purchase or sale or exchange of real estate, or lists, or solicits for prospective purchasers, or who leases or offers to lease, or rents or offers to rent, or manages or offers to manage, any real estate, or the improvements thereon, for others, as a whole or partial vocation; or who secures, receives, takes, or accepts, and sells or offers to sell, any option on real estate without the exercise by the person of the option and for the purpose or as a means of evading the licensing requirement of this chapter.

"Real estate salesperson" means any individual who, for a compensation or valuable consideration, is employed either directly or indirectly by a real estate broker, or is an independent contractor in association with a real estate broker, to sell or offer to sell, buy or offer to buy, or list, or solicit for prospective purchasers, or who leases or offers to lease, or rents or offers to rent, or manages or offers to manage, any real estate, or the improvements thereon, for others as a whole or partial vocation; or who secures, receives, takes, or accepts, and sells or offers to sell, any option on real estate without the exercise by the individual of the option and for the purpose or as a means of evading the licensing requirements of this chapter. Every real estate salesperson shall be under the direction of a real estate broker for all real estate transactions. [L 1933, c 140, §1; RL 1935, §7310; am L 1935, c 126, §§1, 2; am L 1941, c 205, pt of §1; RL 1945, §7731; am L 1949, c 277, §1; am L 1953, c 252, §1; RL 1955, §170-1; am L 1961, c 154, §1; HRS §467-1; am L 1974, c 141, §1; am L 1977, c 197, §1(2); am L 1985, c 141, §2; gen ch 1985; am L 1988, c 145, §1; am L 1989, c 217, §2; am L 1994, c 100, §1; am L 1995, c 241, §1; am L 1997, c 289, §2; am L 1999, c 47, §4 and c 240, §10; am L 2004, c 164, §13; am L 2008, c 28, §10; am L 2017, c 181, §17]
Haw. Rev. Stat. § 441-38 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-38
Contributions and payments to the trustee.
Status: in_force

(a) A cemetery authority may take, receive, and transfer to the trustee as a part of or incident to the perpetual care fund any property, real, personal, or mixed, bequeathed, devised, granted, given, or otherwise contributed to it for perpetual care purposes and shall transfer to the trustee the amount stipulated in the contract or deed as being for perpetual care purposes for each plot, niche, or mausoleum crypt sold or disposed of, but not less than:

(1) $1 per square foot of interment space;

(2) $50 for each mausoleum crypt;

(3) $15 for each niche.

Such transfer shall be made not later than thirty days after the receipt of the final payment of the purchase price of each plot, niche, or crypt sold as property entitled to perpetual care.

(b) A cemetery or pre-need funeral authority may take and receive, but shall transfer to the trustee as part of or incident to the pre-need trust, all payments received after the recovery of acquisition costs, which shall be the lesser of thirty per cent of the contract price or the difference between the contract price and the cost of the pre-need interment or pre-need funeral services contracted to be provided. The transfer shall be made not later than thirty days after receipt of payment from the purchaser and shall be immediately deposited in the trust. [L 1967, c 199, pt of §1; HRS §441-38; am L 1985, c 101, §18]
Haw. Rev. Stat. § 466-11.5 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-11.5
Single act evidence of practice.
Status: in_force

In any action brought under this chapter, evidence of the commission of a single act prohibited by this chapter shall be sufficient to justify a penalty, injunction, restraining order, or conviction, respectively, without evidence of a general course of conduct.
Haw. Rev. Stat. § 443B-4.53 — HI Code / Division 2 / Title 25 / Chapter 443B / Section 443B-4.53
Termination of business and surrender of certificate of registration.
Status: in_force

Within ten days after termination of the business, the registrant shall surrender the certificate of registration to the director.
Haw. Rev. Stat. § 444-1 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-1
Definitions.
Status: in_force

As used in this chapter:

"Board" means the contractors license board.

"Chlorofluorocarbon" or "CFC" means any member of the family of substances containing carbon, fluorine, and chlorine, including, without limitation, those compounds known as CFC-11, CFC-12, CFC-13, CFC-14, CFC-113, CFC-114, CFC-115, CFC-116, CFC-500, CFC-502, and CFC-503, and any combination or mixture containing any of these chlorofluorocarbon compounds.

"Contractor" means any person who by oneself or through others offers to undertake, or holds oneself out as being able to undertake, or does undertake to alter, add to, subtract from, improve, enhance, or beautify any realty or construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, excavation, or other structure, project, development, or improvement, or do any part thereof, including the erection of scaffolding or other structures or works in connection therewith.

"Contractor", to the extent allowed under federal law includes a subcontractor, a specialty contractor, and any person, general engineering, general building, or specialty contractor who performs any of the activities listed in the previous paragraph directly or indirectly for the federal government.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Hydrochlorofluorocarbon" or "HCFC" means any member of the family of substances containing hydrogen, carbon, fluorine, and chlorine, including, without limitation, those compounds known as HCFC-22 and HCFC-123 and any combination or mixture containing any of three hydrochlorofluorocarbon compounds.

"Investigator" means any person employed by the department of commerce and consumer affairs to investigate matters relating to any person who furnishes commodities or services for which a license is required from the department or any board or commission thereunder.

"Refrigerant recovery and recycling equipment" means a device used to recover and to purify CFCs from a device for later reuse.

"RME" means responsible managing employee.

"Sale" means any arrangement between two or more persons as a result of which there is, or is to be, a transfer of property for a consideration.

If any provision of this section, or the application thereof to any person, or circumstances, is held to be invalid, the invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. [L 1957, c 305, §1(s 1); Supp, §166A-1; HRS §444-1; am L 1969, c 56, §1; am L 1970, c 203, §2; am L 1974, c 112, §1(2); am L 1983, c 274, §2; am L 1984, c 98, §1; gen ch 1985; am L 1989, c 77, §9; am L 1990, c 316, §7; am L 1992, c 202, §62 and c 264, §8; am L 2000, c 286, §3]
Haw. Rev. Stat. § 457-14 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-14
Violations of chapter; penalties.
Status: in_force

It shall be a misdemeanor for any person, including any corporation, association, or individual to:

(1) Sell or fraudulently obtain or furnish any nursing diploma, license, renewal, or record or aid or abet therein; or

(2) Practice nursing as defined by this chapter under cover of any diploma, license, or record illegally or fraudulently signed or issued unlawfully or under fraudulent representation; or

(3) Practice nursing as a registered or as a licensed practical nurse unless licensed to practice under this chapter; or

(4) Use in connection with the person's name any designation tending to imply that the person is a registered nurse or a licensed practical nurse unless licensed to practice under this chapter; or

(5) Practice nursing as a registered nurse or as a licensed practical nurse during the time the person's license issued under this chapter is suspended or revoked; or

(6) Conduct a nursing education program not accredited by the board to prepare for a registered nurse or licensed practical nurse unless the program has been accredited by the board; or

(7) Otherwise violate any provision of this chapter.

Any of these misdemeanors shall be punishable by a fine of not more than $500 for a first offense. Each subsequent offense shall be punishable by a fine of not more than $1,000 or imprisonment of not more than one year, or both. [L 1970, c 71, pt of §1; am L 1983, c 119, §11; am L 1992, c 234, §4]
Haw. Rev. Stat. § 461J-12.2 — HI Code / Division 2 / Title 25 / Chapter 461J / Section 461J-12.2
Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction requiring registration as a sex offender;
Status: in_force

(a) Notwithstanding any law to the contrary, the board shall automatically revoke a license or deny an application to renew, restore, or reinstate a license under either of the following circumstances:

(1) The licensee has been convicted in any court in or outside of this State of any offense that, if committed or attempted in this State, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in chapter 846E; or

(2) The licensee has been required to register as a sex offender pursuant to chapter 846E, regardless of whether the related conviction has been appealed.

(b) The board shall notify the licensee of the license revocation or denial of application to renew, restore, or reinstate the license and of the right to elect to have a hearing as provided in subsection (c).

(c) Upon revocation of the license or denial of an application to renew, restore, or reinstate, the licensee may file a written request for a hearing with the board within ten days of the notice. The hearing shall be held within thirty days of the revocation or denial. The proceeding shall be conducted in accordance with chapter 91.

(d) For the purposes of enforcement of this section, a plea or verdict of guilty, or a conviction after a plea of nolo contendere, shall be deemed a conviction. The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

(e) If the related conviction of the license holder is overturned upon appeal, the revocation or denial ordered pursuant to this section shall automatically cease. Nothing in this subsection shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.

(f) Any final order of discipline taken pursuant to this section shall be a matter of public record.

(g) The board shall not restore, renew, or otherwise reinstate the license of a person under any of the following circumstances:

(1) The person has been required to register as a sex offender pursuant to chapter 846E, regardless of whether the conviction has been appealed; and

(2) The person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense. [L 2025, c 273, §23]
Haw. Rev. Stat. § 437D-11 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-11
Acknowledgment by lessee.
Status: in_force

No lessor shall rent a motor vehicle to a lessee until the lessee has acknowledged that the lessee understands the information described in section 437D-5(a)(1), (2), (3), (5), and (6), and that restrictions or conditions apply. The acknowledgment shall be written in plain language on the rental agreement and signed by the lessee.
Haw. Rev. Stat. § 444-35 — HI Code / Division 2 / Title 25 / Chapter 444 / Section 444-35
Disciplinary action against licensee.
Status: in_force

Nothing contained herein shall limit the authority of the contractors license board to take disciplinary action against any licensee for a violation of any of the provisions of chapter 444, or of the rules and regulations of the contractors license board; nor shall the repayment in full of all obligations to the contractors recovery fund by any licensed contractor nullify or modify the effect of any other disciplinary proceeding brought pursuant to the provisions of chapter 444 or the rules and regulations.
Haw. Rev. Stat. § 453-34 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-34
Licensure consistent with levels of practice; licensure of emergency medical technician 1.
Status: in_force

(a) The Hawaii medical board shall issue licenses upon application therefor, consistent with the following levels of practice:

(1) Emergency medical technician 1;

(2) Emergency medical technician;

(3) Advanced emergency medical technician; or

(4) Mobile intensive care technician or paramedic.

(b) Beginning July 1, 2022, the Hawaii medical board shall accept applications for licensure as an emergency medical technician 1; provided that the applicant shall:

(1) Demonstrate successful completion of a Hawaii medical board-approved emergency medical technician course that meets or exceeds the National Emergency Medical Services Education Standards for Emergency Medical Technicians;

(2) Provide a current cardiopulmonary resuscitation certification;

(3) Demonstrate proficiency in basic life support for health care providers;

(4) Demonstrate successful completion of the National Registry of Emergency Medical Technicians emergency medical technician cognitive examination and National Registry of Emergency Medical Technicians psychomotor examination;

(5) Pay any fees assessed in amounts equivalent to fees paid by emergency medical technicians pursuant to section 16-53-21.5, Hawaii Administrative Rules; and

(6) Meet any other requirements determined by the Hawaii medical board.

(c) Any emergency medical technician 1 licensed under this part shall document care in a pre-hospital emergency medical records system compatible with the emergency medical services system's pre-hospital medical records system. Emergency medical technicians 1 shall:

(1) Practice under a physician or osteopathic physician licensed pursuant to this chapter; and

(2) Restrict their scope of practice to the performance of basic emergency medical care of patients. [L 2021, c 119, §§2, 13; am L 2022, c 65, §2; am L 2023, c 193, §1]
Haw. Rev. Stat. § 449-20 — HI Code / Division 2 / Title 25 / Chapter 449 / Section 449-20
Branch offices.
Status: in_force

No escrow depository may establish a branch office without first obtaining prior written approval from the commissioner. The application shall set forth the reasons for the branch office and other information that may be required by the commissioner.
Haw. Rev. Stat. § 457B-6 — HI Code / Division 2 / Title 25 / Chapter 457B / Section 457B-6
Powers and duties of director.
Status: in_force

In addition to any other powers and duties authorized by law, the director shall:

(1) Develop, impose, and enforce standards which shall be met by individuals in order to receive a license as a nursing home administrator, which standards shall be designed to insure that nursing home administrators shall be individuals who by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators;

(2) Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets the standards of this chapter or the rules adopted pursuant thereto;

(3) Issue licenses to individuals determined, after the application of appropriate techniques, to meet the required standards, and revoke or suspend licenses in any case where the individual holding a license is determined substantially to have failed to conform to the required standards of this chapter or the rules adopted pursuant thereto;

(4) Establish and carry out procedures designed to insure that individuals licensed as nursing home administrators shall, during any period that they serve as such, comply with the required standards. The director shall also initiate and maintain cooperative arrangements with the long-term care ombudsman, department of human services, and the department of health for the sharing of information on the performance of administrators;

(5) Receive, investigate, and take appropriate action with respect to any charge or complaint filed with the department to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of this chapter or the rules adopted pursuant thereto;

(6) Adopt in accordance with chapter 91 rules as may be necessary for the purposes of this chapter; and

(7) Maintain a record of all proceedings. [L 1970, c 63, pt of §1; am L 1983, c 135, §3; am L 1985, c 199, §3; am L 1987, c 339, §4; am L 1992, c 202, §113; am L 1997, c 235, §7]
Haw. Rev. Stat. § 468E-1 — HI Code / Division 2 / Title 25 / Chapter 468E / Section 468E-1
Purpose.
Status: in_force

It is the policy and the purpose of this chapter to insure that only qualified persons be allowed to practice in the fields of speech pathology and audiology.
Haw. Rev. Stat. § 466-41 — HI Code / Division 2 / Title 25 / Chapter 466 / Section 466-41
Oversight of sponsoring organizations.
Status: in_force

(a) The board shall retain oversight of sponsoring organizations through the peer review oversight committee described in section 466-42.

(b) The board shall periodically publish a list of sponsoring organizations that have been approved by the board. [L 2012, c 324, pt of §1]
Haw. Rev. Stat. § 452-13 — HI Code / Division 2 / Title 25 / Chapter 452 / Section 452-13
Requisites for admission to examination and licensing of massage therapists and massage therapy establishments.
Status: in_force

(a) The executive secretary of the board shall determine the sufficiency of the preliminary qualifications of applicants for admission to examination and licensing. The executive secretary shall require that:

(1) A nonrefundable application fee shall be paid to the board at the time of the application.

(2) The examination fee shall be refunded only if the applicant is found not qualified to take the license examination.

(3) An applicant for examination shall have completed academic training in anatomy, physiology, structural kinesiology, and the theory and demonstration of massage, which is not confined to any specific system or method of massage therapy, spent at least six months as a massage therapist apprentice or massage therapist student in a school approved by the board, and met all other requirements set for apprentices or students by the board pursuant to section 452-6(c).

(b) An applicant desiring to license a massage therapy establishment shall file with the board a written application on a form prescribed and supplied by the board, and setting forth that the applicant has complied with all of the requirements in a manner and detail as may be required by the rules established by the board. A license fee shall be paid to the board together with the application fee. [L 1947, c 192, §13; RL 1955, §63-13; am L 1965, c 211, §§1, 2; HRS §452-13; am L 1980, c 208, §15; am L 1981, c 65, §5; am L 1984, c 7, §34; am L 1985, c 95, §2; am L 1986, c 99, §5; am L 1987, c 190, §5; am L 1989, c 204, §5; am L 1990, c 205, §3; am L 1997, c 40, §12]
Haw. Rev. Stat. § 456-27 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-27
[ §456-27] Relation to the federal Electronic Signatures in Global and National Commerce Act.
Status: in_force

[ §456-27] Relation to the federal Electronic Signatures in Global and National Commerce Act . This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, title 15 United States Code section 7001, et seq., but does not modify, limit, or supersede section 101(c) of that Act, title 15 United States Code section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, title 15 United States Code section 7003(b).
Haw. Rev. Stat. § 468E-2 — HI Code / Division 2 / Title 25 / Chapter 468E / Section 468E-2
Definitions.
Status: in_force

As used in this chapter:

"ASHA" means the American Speech-Language-Hearing Association, the national administrative office of which is located in Rockville, Maryland, 10801 Rockville Pike (20852).

"Audiologist" means an individual who practices audiology.

"Board" means the state board of speech pathology and audiology, established under section 468E-6.

"Person" means any individual, organization, or corporate body, except that only an individual may be licensed under this chapter.

"Speech pathologist" means an individual who practices speech pathology.

"The practice of audiology" means the application of principles, methods, and procedures of measurement, prediction, evaluation, testing, counseling, consultation, and instruction related to the development and disorders of hearing and related language and speech for the purpose of modifying hearing function and related language and speech disorders.

"The practice of speech pathology" means the application of principles, methods, and procedures of measurement, prediction, evaluation, testing, counseling, consultation, and instruction related to the development and disorders of speech and related language and hearing for the purpose of modifying speech and related language and hearing disorders. [L 1974, c 48, pt of §1; am L 1981, c 242, §2]

Revision Note

Numeric designations deleted and definitions rearranged.
Haw. Rev. Stat. § 457B-10 — HI Code / Division 2 / Title 25 / Chapter 457B / Section 457B-10
Injunctive relief.
Status: in_force

The director may apply for an injunction in any court of competent jurisdiction to enjoin any person who has not been issued a license or whose license has been suspended or revoked or has expired from practicing nursing home administration; and, upon the filing of a verified petition in the court, the court or any judge thereof, if satisfied by affidavit or otherwise, may issue a temporary injunction, without notice or bond, enjoining the defendant from further practicing nursing home administration. A copy of the verified complaint shall be served upon the defendant and the proceedings shall thereafter be conducted as in other civil cases. If it is established that the defendant has been or is practicing nursing home administration without having been issued a license or has been or is practicing nursing home administration after the defendant's license has been suspended or revoked or has expired, the court or any judge thereof may enter a decree enjoining the defendant from further practicing nursing home administration. In case of violation of any injunction issued under this section, the court may summarily try and punish the offender for contempt of court. The injunction proceeding shall be in addition to, and not in lieu of, all penalties and other remedies provided in this chapter.
Haw. Rev. Stat. § 454F-46 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-46
Waiver of rights.
Status: in_force

The failure of an aggrieved person to comply with sections 454F-41 and 454F-42 shall constitute a waiver of the rights contained in those sections.
Haw. Rev. Stat. § 440G-12 — HI Code / Division 2 / Title 25 / Chapter 440G / Section 440G-12
Other duties of director; suit to enforce chapter.
Status: in_force

(a) The director has the power and jurisdiction to supervise and regulate every cable operator within this State so far as may be necessary to carry out the purposes of this chapter, and to do all things which are necessary or convenient in the exercise of this power and jurisdiction.

(b) The director may adopt, pursuant to chapter 91, rules necessary to carry out this chapter.

(c) The director or the director's designated representatives may from time to time visit the places of business and other premises and examine the records and facilities of all cable operators to ascertain if all laws, rules, cable franchise provisions, and orders of the director have been complied with, and shall have the power to examine all officers, agents, and employees of cable operators, and all other persons, under oath, and to compel the production of papers and the attendance of witnesses to obtain the information necessary for administering this chapter.

(d) The director may appoint, without regard to chapter 76, an administrator and one or more attorneys for purposes of enforcing this chapter. The director shall define their powers and duties and fix their compensation. The director may also appoint professional, clerical, stenographic, and other staff as may be necessary for the proper administration and enforcement of this chapter subject to chapter 76.

(e) The director shall have the power and authority to institute all proceedings and investigations, hear all complaints, issue all process and orders, and render all decisions necessary to enforce this chapter or the rules and orders adopted thereunder, or to otherwise accomplish the purposes of this chapter.

(f) The director or other aggrieved party shall have the right to institute, or to intervene as a party in, any action in any court of law seeking a mandamus, or injunctive or other relief to compel compliance with this chapter, or any rule or order adopted thereunder, or to restrain or otherwise prevent or prohibit any illegal or unauthorized conduct in connection therewith. [L 1970, c 112, pt of §1; am L 1971, c 138, §1; gen ch 1985; am L 1987, c 301, §14; am L 1996, c 184, §1; am L 2000, c 253, §150; am L 2006, c 300, §15]
Haw. Rev. Stat. § 437D-9 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-9
Posting requirements.
Status: in_force

Except as provided in section 437D-17, each lessor who offers the damage waiver shall conspicuously display at the rental area of each rental location a notice, in plain language and printing, that includes all of the information in section 437D-5(a)(1), (2), (5), and (6), and a statement that restrictions or conditions apply.
Haw. Rev. Stat. § 456-8 — HI Code / Division 2 / Title 25 / Chapter 456 / Section 456-8
Rules.
Status: in_force

The attorney general, subject to chapter 91, may prescribe such rules as the attorney general deems advisable concerning the administration of this chapter, the commission and duties of notaries public, and any measures as may be necessary to prevent the fraudulent use of a notarized document after placement of the notary public's seal. The rules shall have the force and effect of law.
Haw. Rev. Stat. § 440-29 — HI Code / Division 2 / Title 25 / Chapter 440 / Section 440-29
Limit of weight difference between contestants.
Status: in_force

No boxing contest shall be allowed in which the difference in weight between the respective contestants exceeds the limits which the boxing commission prescribes in its rules.
Haw. Rev. Stat. § 448H-8 — HI Code / Division 2 / Title 25 / Chapter 448H / Section 448H-8
Fees.
Status: in_force

Application, examination, license, temporary permit, and biennial renewal fees shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91. A fee is required for each reexamination. Application fees are not refundable.

Licenses shall expire on June 30 of each even-numbered year. [L 1971, c 190, pt of §1; am L 1975, c 118, §14; am L 1984, c 7, §29; am L 1992, c 202, §89]
Haw. Rev. Stat. § 453D-8 — HI Code / Division 2 / Title 25 / Chapter 453D / Section 453D-8
Reciprocity.
Status: in_force

(a) The director may enter into a reciprocity agreement with any state that licenses mental health counselors if the director finds that the state has substantially the same or higher requirements as this chapter.

(b) The agreement shall provide that the director shall license any resident of that state who is currently licensed by that state if the individual has met or exceeded the requirements of this chapter. [L 2004, c 209, pt of §2; am L 2008, c 206, §1]
Haw. Rev. Stat. § 457-8.8 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-8.8
Advanced practice registered nurses; global signature authority.
Status: in_force

Notwithstanding any other law to the contrary, advanced practice registered nurses shall be authorized to sign, certify, or endorse all documents relating to health care within their scope of practice provided for their patients, including workers' compensation verification documents, verification and evaluation forms of the department of human services and department of education, verification and authorization forms of the department of health, and physical examination forms; provided that nothing in this section shall be construed to expand the scope of practice of advanced practice registered nurses.
Haw. Rev. Stat. § 461-4 — HI Code / Division 2 / Title 25 / Chapter 461 / Section 461-4
REPEALED.
Status: in_force

L 1992, c 202, §225.
Haw. Rev. Stat. § 436M-2 — HI Code / Division 2 / Title 25 / Chapter 436M / Section 436M-2
Bond.
Status: in_force

(a) Except as provided in subsection (e), each alarm business shall keep in force a surety bond in the sum of $5,000 during its first five years of operation. The bond shall be in effect from the date that the alarm business begins selling its products or services and shall be continuously maintained for a period of five years from that date.

(b) The bond shall provide for payment, up to the limit of the bond, to any person who is injured or aggrieved or who has sustained loss or damage by the alarm business' violation of any provision of this chapter or any consumer protection statute, or the business' failure to faithfully, promptly, and truly refund all fees which were illegally or incorrectly obtained from its customers.

(c) The bond shall give the injured or aggrieved party a direct and independent action on the bond for a period of one year from the date the loss or damage occurred.

(d) An alarm business that has completed five or more continuous years of operation on November 8, 1986, shall not be required to maintain a bond. An alarm business that has completed less than five continuous years of operation on November 8, 1986, shall maintain the bond for the remainder of its first five years of operation.

(e) An alarm business shall not be required to maintain a bond if it is engaged only in selling alarm systems and does not provide any of the other services listed in the definition of "alarm business" in section 436M-1. [L 1986, c 134, pt of §1]

Revision Note

"November 8, 1986" substituted for "the date this Act takes effect".
Haw. Rev. Stat. § 440E-2 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-2
Assistants.
Status: in_force

The director may appoint and remove assistants to assist the director in carrying out the director's activities, duties, and other obligations under this chapter.
Haw. Rev. Stat. § 437D-8.5 — HI Code / Division 2 / Title 25 / Chapter 437D / Section 437D-8.5
Commissions.
Status: in_force

(a) No lessor or officer, employee, agent, or other representative of the lessor shall pay or receive a commission for selling damage waivers, except as provided in subsection (b). Any violation of this section shall be an unfair or deceptive act or practice as provided in section 480-2.

(b) As used in this section:

"Commission for selling damage waivers" includes any compensation, bonus, award, or remuneration that corresponds directly to the amount of sales of damage waivers. "Commission for selling damage waivers" does not include any compensation, bonus, award, or remuneration to an employee that corresponds to the overall gross receipts of a sales location, where sales of damage waivers are one of many factors contributing to overall gross receipts.

"Sales location" means any location at which the employee worked or had oversight responsibility during the applicable compensation period. [L 1990, c 209, pt of §1; am L 1991, c 227, §1; am L 2003, c 155, §2; am L 2009, c 148, §7]
Haw. Rev. Stat. § 446-2 — HI Code / Division 2 / Title 25 / Chapter 446 / Section 446-2
Debt adjusting prohibited; penalty; contracts void.
Status: in_force

Any person who acts or offers to act as a debt adjuster in this State shall be fined not more than $500 or imprisoned not more than six months, or both. Any contract for debt adjusting entered into with a person engaged in the business for a profit shall be void and unenforceable and the debtor may recover from the debt adjuster all sums or things deposited with the debt adjuster and not disbursed to the debtor's creditors.
Haw. Rev. Stat. § 448-9.4 — HI Code / Division 2 / Title 25 / Chapter 448 / Section 448-9.4
American Board of Dental Examiners (ADEX) examination; regional examinations.
Status: in_force

An applicant shall take and pass the ADEX examination, and neither the state examination nor any regional examination shall be accepted.
Haw. Rev. Stat. § 440E-15 — HI Code / Division 2 / Title 25 / Chapter 440E / Section 440E-15
Judges; duties.
Status: in_force

The director, in the director's discretion may appoint two licensed judges to act with the referee in rendering a decision, or three licensed judges to act with a nonvoting referee in rendering a decision.
Haw. Rev. Stat. § 457-1 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-1
Purpose.
Status: in_force

In order to safeguard life and health, any person practicing or offering to practice as an advanced practice registered nurse, a registered nurse, or a licensed practical nurse in this State for compensation shall be required to submit evidence that the person is qualified to so practice, and shall be licensed as provided in this chapter. It shall be unlawful for any person not licensed under this chapter to practice or offer to practice nursing as an advanced practice registered nurse, a registered nurse, or a licensed practical nurse; or to use any sign, card, or device, or in any manner indicate or imply that the person is an advanced practice registered nurse, a registered nurse, or a licensed practical nurse.
Haw. Rev. Stat. § 457B-3.1 — HI Code / Division 2 / Title 25 / Chapter 457B / Section 457B-3.1
Conditions concerning qualifications for licensure examination.
Status: in_force

The director shall adopt rules setting minimum educational, training, and experience qualifications that must be satisfied before an applicant is allowed to sit for the licensing examination.
Haw. Rev. Stat. § 447-6 — HI Code / Division 2 / Title 25 / Chapter 447 / Section 447-6
Prohibited acts; discipline; penalty.
Status: in_force

(a) In addition to any other actions authorized by law, the board of dentistry may suspend or revoke any license issued under this chapter or fine a licensee for any cause authorized by law, including but not limited to the following:

(1) Professional misbehavior; or

(2) Any other violation of this chapter or rules adopted pursuant thereto.

(b) Any person who violates any of the provisions of this chapter or any other law, or who fails to comply with any of the requirements or provisions of this chapter or any other law, a penalty for which is not otherwise provided, shall be fined not less than $50, nor more than $250, and each day's violation or failure to comply shall be deemed a separate violation and shall result in a separate fine. [L 1920, c 7, §5; RL 1925, §1087; RL 1935, §1005; RL 1945, §2186; RL 1955, §62-6; HRS §447-6; am L 1986, c 151, §2; am L 1992, c 202, §71; am L 2018, c 203, §4]
Haw. Rev. Stat. § 460J-27.5 — HI Code / Division 2 / Title 25 / Chapter 460J / Section 460J-27.5
Advertising.
Status: in_force

(a) It is a misdemeanor for any person, including a person who is exempt by section 460J-26 from this chapter, to advertise with or without any limiting qualifications as a pest control operator unless the person holds a valid license under this chapter for the goods and services advertised.

"Advertise" as used in this section includes but is not limited to:

(1) The issuance of any card, sign, or device to any person;

(2) The causing, permitting, or allowing of any sign or marking on or in any building, vehicle, or structure;

(3) Advertising in any newspaper or magazine;

(4) Any listing or advertising in any directory under a classification or heading that includes the word "pest control"; or

(5) Commercials broadcast by airwave transmission.

(b) A pest control operator may advertise in print or broadcast medium, as defined in subsection (a) only if the pest control operator includes in the advertisement or listing the pest control operator's applicable and current license number, and provides proof of the number's validity to the publisher or producer of the advertising medium. The publisher or producer of a print or broadcast advertising medium shall refuse to publish or broadcast an advertisement or listing for a pest control operator who does not comply with the provisions of this subsection. A publisher or producer who obtains a signed statement from the pest control operator that states that the pest control operator:

(1) Has read the text of the advertisement or listing;

(2) Has an applicable and current pest control operator's license for the goods and services advertised;

(3) Has included all applicable and current license numbers in the advertisement or listing; and

(4) Is aware of civil and criminal penalties for advertising as a pest control operator without a valid license;

shall be entitled to a rebuttable presumption of compliance with this subsection.

(c) Upon entry of either a final order of the pest control board pursuant to chapter 91 or a judgment by a court of competent jurisdiction finding that a person has advertised in violation of subsection (a), the public utility furnishing telephone service to the person shall disconnect the telephone number contained in the advertisement or listing.

(d) The publisher or producer of a print or broadcast advertising medium shall not be liable in any suit, action, or claim arising from its refusal to list or accept advertisements pursuant to subsection (b). Good faith compliance by a public utility with subsection (c) is a complete defense to any civil or criminal action brought against it arising from the termination of telephone service. [L 1997, c 80, §1]
Haw. Rev. Stat. § 454F-43 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-43
Management of fund.
Status: in_force

(a) The sums received by the division pursuant to section 454F-41 for deposit into the mortgage loan recovery fund shall be held by the commissioner or the commissioner's designee to carry out the purpose of the mortgage loan recovery fund. These funds may be invested and reinvested in the same manner as funds of the state employees' retirement system.

(b) The commissioner or the commissioner's designee, as the manager of the mortgage loan recovery fund, shall be authorized to expend moneys from the fund to retain private legal counsel to represent the commissioner in any action involving the mortgage loan recovery fund. [L 2010, c 84, pt of §3]
Haw. Rev. Stat. § 441-20.6 — HI Code / Division 2 / Title 25 / Chapter 441 / Section 441-20.6
Retaining consultants.
Status: in_force

(a) The director may retain private consultants, by contract or otherwise, as determined by the director, in connection with the review of filings required of cemetery authorities, pre-need funeral authorities, or applicants under this chapter. Except as limited under subsection (c) below, the cost of contracting private consultants shall be borne by the cemetery authority, pre-need funeral authority, or applicant making the filing.

(b) The consultant shall perform all tasks as directed by the director under subsection (a), including but not limited to:

(1) Reviewing the filing, in whole or in part, including documentation and other provided materials, for the purpose of examining its compliance with the requirements of this chapter, rules adopted by the director pursuant to this chapter, and other applicable laws; and

(2) Providing to the director a written analysis of the filing upon completing the review, including an opinion of the nature and extent to which there is compliance with this chapter, rules adopted by the director pursuant to this chapter, and other applicable laws.

(c) Without the written consent of the cemetery authority, pre-need funeral authority, or applicant making the filing, the cost to be borne by a cemetery authority, pre-need funeral authority, or applicant for a filing under this chapter shall not exceed $25,000; provided that in the event the cost reaches $25,000 and prior to any consultant continuing with the review, the cemetery authority, pre-need funeral authority, or applicant making the filing shall:

(1) Provide written consent to exceed the $25,000 fee;

(2) Withdraw the filing; or

(3) Except in the case of an incomplete filing, receive a denial or refusal by the director to approve the filing.

By providing the written consent described in subsection (c)(1), the cemetery authority, pre-need funeral authority or applicant making the filing shall not be deemed to have waived any rights it may have under chapters 91 and 436B should the director subsequently deny or refuse to approve the filing. [L 2002, c 214, §1]
Haw. Rev. Stat. § 457B-7 — HI Code / Division 2 / Title 25 / Chapter 457B / Section 457B-7
Subpoenas.
Status: in_force

The director may issue subpoenas to compel the attendance of witnesses and the production of documentary evidence or the production of any books, papers, or records. If any person subpoenaed as a witness fails or refuses to respond thereto, or refuses to answer questions material to the matter pending before the department propounded by an examiner, any circuit judge, upon application of the department or any examiner thereof, may enforce by proper proceeding the attendance and testimony of the witnesses. If any person wilfully testifies falsely under oath before the department or wilfully makes a false affidavit in any proceeding before the department, the person shall be charged for perjury and shall be subject to the penalties for perjury provided by law.
Haw. Rev. Stat. § 451K-6 — HI Code / Division 2 / Title 25 / Chapter 451K / Section 451K-6
Licensure requirements.
Status: in_force

The director shall adopt rules as deemed necessary for the licensure of genetic counselors to protect public health and safety and may consider the following factors as evidence in determining whether an applicant is qualified to be licensed:

(1) Board-certification by the American Board of Genetic Counseling or its equivalent; and

(2) A report of any disciplinary action or rejection of license applications or renewals relating to genetic counseling practice taken against the applicant in another jurisdiction. [L 2009, c 191, pt of §2]
Haw. Rev. Stat. § 446E-1.6 — HI Code / Division 2 / Title 25 / Chapter 446E / Section 446E-1.6
Exceptions.
Status: in_force

This chapter shall not apply to the types of schools and courses of instruction that include:

(1) Schools and educational programs conducted by firms, corporations, or persons for the training of their own employees;

(2) Apprentice or other training programs provided by labor unions to union members or union applicants for membership;

(3) Courses of instruction that do not lead to the conferring of a degree;

(4) Seminars, refresher courses, and programs of instruction sponsored by professional, business, or farming organizations or associations for their members or employees of their members;

(5) Courses of instruction conducted by a public school district or a combination of public school districts;

(6) Colleges and universities that grant degrees pursuant to chapter 304A;

(7) Entities that are established under the jurisdiction of the board of regents of the University of Hawaii;

(8) Schools, courses of instruction, or courses of training that are offered by a vendor to the purchaser or prospective purchaser of the vendor's product when the objective of the school or course is to enable the purchaser or the purchaser's employees to gain skills and knowledge which enable the purchaser to use the product;

(9) Schools and educational programs conducted by religious organizations solely for the religious instruction of their members;

(10) Nondegree granting post-secondary educational institutions licensed by the department of education or the real estate commission; and

(11) Schools that are accredited by an agency or organization approved or recognized by the United States Department of Education or a successor agency, except as provided for in section 446E-5(b) and (c). [L 1999, c 171, pt of §1; am L 2006, c 75, §15]
Haw. Rev. Stat. § 466J-9 — HI Code / Division 2 / Title 25 / Chapter 466J / Section 466J-9
Violations of chapter; penalties.
Status: in_force

(a) It shall be a misdemeanor for any person, including any corporation, association, or individual, to:

(1) Sell or fraudulently obtain or furnish any radiographer's, radiation therapist's, or nuclear medicine technologist's diploma, license, renewal, or record or aid or abet therein;

(2) Use in connection with the person's name any designation tending to imply that the person is a certified radiographer, certified radiation therapist, or certified nuclear medicine technologist unless licensed to practice under this chapter;

(3) Practice radiologic technology during the time the person's license issued under this chapter is suspended or revoked; or

(4) Violate any provision of this chapter.

(b) Any person who violates this chapter, or any rule adopted by the board pursuant to this chapter, shall be fined not more than $2,000 for each separate offense. Each day the violation continues may constitute a separate offense. Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action. [L 1974, c 253, pt of §2; am L 1980, c 128, pt of §1; am L 1990, c 273, §11; am L 1995, c 143, §8; am L 2004, c 167, §3]
Haw. Rev. Stat. § 457-4 — HI Code / Division 2 / Title 25 / Chapter 457 / Section 457-4
Qualifications of board members.
Status: in_force

(a) Each member of the board shall be a resident of this State.

Each registered nurse member of the board shall also:

(1) Be a graduate of a state-accredited educational program to prepare for becoming a registered nurse and have at least a bachelor's degree in nursing but preferably a graduate degree in nursing;

(2) Have a current, unencumbered license as a registered nurse in the State; and

(3) Have at least five years of experience after graduation in the practice of nursing as a registered nurse and at least three years of active nursing experience as a registered nurse immediately preceding appointment or reappointment.

(b) Each licensed practical nurse member of the board shall also:

(1) Be a graduate of a state-accredited educational program to prepare for becoming a licensed practical nurse;

(2) Have a current, unencumbered license as a licensed practical nurse in the State; and

(3) Have at least five years of successful experience in the practice of nursing as a licensed practical nurse after graduation and at least three years of active nursing experience as a licensed practical nurse immediately preceding appointment or reappointment.

(c) Each advanced practice registered nurse member of the board shall:

(1) Have current, unencumbered licensure by the board as an advanced practice registered nurse; and

(2) Have at least five years of experience in the practice of nursing as an advanced practice registered nurse and at least three years of active nursing experience as an advanced practice registered nurse immediately preceding appointment or reappointment. [L 1970, c 71, pt of §1; am L 1983, c 119, §2; am L 1992, c 234, §1; am L 1993, c 322, §9; am L 1994, c 277, §6; am L 2014, c 46, §5]
Haw. Rev. Stat. § 454F-9 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-9
Continuing education; mortgage loan originators.
Status: in_force

(a) Each year, a licensed mortgage loan originator shall complete at least eight hours of education approved in accordance with subsection (b) that shall include:

(1) Three hours of federal law and regulations;

(2) One hour of the State's law and rules;

(3) Two hours of ethics that shall include instruction on fraud, consumer protection, and fair lending issues; and

(4) Two hours of training related to lending standards for the nontraditional mortgage product marketplace.

(b) For purposes of subsection (a), continuing education courses shall be reviewed and approved by NMLS based upon reasonable standards. Review and approval of a continuing education course shall include review and approval of the course provider.

(c) Nothing in this section shall prohibit the use of any education course that is approved by NMLS and provided by the employer of the mortgage loan originator, an entity that is affiliated with the mortgage loan originator by an agency contract, or any subsidiary or affiliate of the employer or entity.

(d) Continuing education may be offered either in a classroom, online, or by any other means approved by NMLS.

(e) A licensed mortgage loan originator:

(1) May only receive credit for a continuing education course in the year in which the course is taken, except for continuing education credits received pursuant to this chapter; and

(2) May not take the same approved course in the same or successive years to meet the annual requirements for continuing education; provided that the term "successive years" shall mean the two years following the year in which a mortgage loan originator takes an approved course.

(f) A licensed mortgage loan originator who is an approved instructor of an approved continuing education course may receive continuing education credit for the course taught at the rate of two hours credit for every one hour taught.

(g) Continuing education courses as described in subsection (a) and approved by NMLS for any state, that are successfully completed by a licensed mortgage loan originator, shall be accepted as credit towards completion of continuing education requirements in this State.

(h) A licensed mortgage loan originator who subsequently becomes unlicensed shall complete the continuing education requirements for the last year in which the license was held prior to issuance of a new or renewed license.

(i) The license of a licensee meeting the requirements of section 454F-8(a)(1) and (3) shall expire if the licensee fails to meet the minimum requirements for continuing education. Reinstatement of the expired license shall be allowed as provided for in section 454F-8.5. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §16; am L 2011, c 194, §9; am L 2013, c 168, §§11, 20; am L 2016, c 122, §12]
Haw. Rev. Stat. § 468E-4 — HI Code / Division 2 / Title 25 / Chapter 468E / Section 468E-4
Persons and practices not affected.
Status: in_force

Nothing in this chapter shall be construed as preventing or restricting:

(1) A physician or surgeon from engaging in the practice of medicine in this State; or

(2) A licensed hearing aid dealer from engaging in the practices of fitting and selling hearing aids in this State; or

(3) Any person licensed in this State by any other law from engaging in the profession or occupation for which the person is licensed; or

(4) Any person employed by any federal government agency as a speech pathologist or audiologist from performing that person's duties as an employee of the agency if the person must qualify for employment under government certification or under civil service regulations; provided that this section is applicable only when the person is performing duties as a federal employee. However, such person, without obtaining a license under this chapter, may consult with or disseminate the person's research findings and other scientific information to speech pathologists and audiologists outside the jurisdiction of the organization by which the person is employed. Such person may additionally elect to be subject to this chapter; or

(5) The activities and services of persons pursuing a course of study leading to a degree in speech pathology at a college or university, if such activities and services constitute a part of a supervised course of study and such person is designated "speech pathology intern", "speech pathology trainee", or by other such titles clearly indicating the training status appropriate to the person's level of training; or

(6) The activities and services of a person pursuing a course of study leading to a degree in audiology at a college or university, if such activities and services constitute a part of a supervised course of study and such person is designated "audiology intern", "audiology trainee", or by any other such titles clearly indicating the training status appropriate to the person's level of training; or

(7) The activities and services of a person fulfilling the clinical experience requirements or the clinical fellowship year leading to the ASHA certificate of clinical competence; or

(8) The performance of speech pathology or audiology services in this State by any person not a resident of this State who is not licensed under this chapter, if such services are performed for no more than five working days in any calendar year and in cooperation with a speech pathologist or audiologist licensed under this chapter, and if such person meets the qualifications and requirements for application for licensure described in section 468E-5. However, a person not a resident of this State who is not licensed under this chapter, but who is licensed under the law of another state which has established licensure requirements at least equivalent to those established by section 468E-5, or who is the holder of the ASHA certificate of clinical competence in speech pathology or audiology or its equivalent, may offer speech pathology or audiology services in this State for no more than thirty working days in any calendar year, if such services are performed in cooperation with a speech pathologist or audiologist licensed under this chapter. [L 1974, c 48, pt of §1; am L 1981, c 242, §4; gen ch 1985; am L 1988, c 320, §3]
Haw. Rev. Stat. § 437-32 — HI Code / Division 2 / Title 25 / Chapter 437 / Section 437-32
Credit sale contracts; agreements concerning, unlawful.
Status: in_force

No person who is engaged in, or about to engage in, the business of selling motor vehicles at retail shall enter into any contract, agreement, or understanding, express or implied, with any manufacturer or distributor of motor vehicles that the person will sell only to a designated person, or class of persons, all or any part of the credit sale contracts arising out of the sale by the person of motor vehicles, or that the person will refuse to sell such credit sale contracts to any designated person, or class of persons. Any such contract, agreement, or understanding is declared to be against the public policy of this State and to be unlawful and void.
Haw. Rev. Stat. § 453-10 — HI Code / Division 2 / Title 25 / Chapter 453 / Section 453-10
Witnesses in such proceeding.
Status: in_force

In any proceeding the board may subpoena, administer oaths to, and examine witnesses on any relevant matter in the proceeding. The board may subpoena physicians, osteopathic physicians, or surgeons as specialists, on the recommendation of the appropriate specialist society. The board may order a mental, physical, or medical competency examination to determine the capacity or ability of a licensee to continue to practice medicine or surgery and order appropriate specialist societies to conduct examinations. The person whose license is sought in the proceeding to be revoked, limited, or suspended shall be entitled to require the board or any member thereof to subpoena and to administer oaths to any witness who may be able to present evidence relevant in the proceeding, and shall be entitled to examine any witness in the proceeding. The circuit court of the circuit in which the proceeding is held may enforce by proper proceeding the attendance and testimony of witnesses in the proceeding.
Haw. Rev. Stat. § 471-9.8 — HI Code / Division 2 / Title 25 / Chapter 471 / Section 471-9.8
[ §471-9.
Status: in_force

[ §471-9.8] Permit surcharge; fees. (a) There shall be imposed on every courtesy permit and relief permit issued by the board pursuant to sections 471-9.5 and 471-9.6 a $100 surcharge that shall be deposited into the compliance resolution fund established under section 26-9(o) to defray the costs incurred by the department in administering those permits.

(b) Application fees paid pursuant to this chapter shall not be refundable. Pursuant to section 26-9(l), the director of commerce and consumer affairs shall establish examination, reexamination, license, renewal, restoration, enforcement, and other fees relating to the administration of this chapter by rule. [L 2022, c 71, pt of §1]
Haw. Rev. Stat. § 454F-8.5 — HI Code / Division 2 / Title 25 / Chapter 454F / Section 454F-8.5
Reinstatement of expired licenses.
Status: in_force

(a) A license issued pursuant to this chapter that expires due to failure to satisfy the minimum standards for renewal may be reinstated if the licensee meets the following requirements:

(1) The licensee applies for reinstatement between January1 and February 28 of the year immediately following the year in which the license expired;

(2) All continuing education courses required for license renewal for the year in which the license expired shall be completed between January 1 and February 28 of the year immediately following the year in which the license expired; provided that continuing education courses that satisfy the previous year's requirement shall not also be credited toward satisfying the current year's continuing education requirements; and

(3) The licensee shall pay all applicable licensing, reinstatement, and late fees assessed by the commissioner.

(b) A licensee that fails to meet the requirements for renewal of an expired license established by this section may apply for a new license and shall meet the requirements for new licenses in effect at the time of application. [L 2010, c 84, pt of §3]
Haw. Rev. Stat. § 445-6 — HI Code / Division 2 / Title 25 / Chapter 445 / Section 445-6
Place of business.
Status: in_force

Except as otherwise in this chapter provided, a license granted thereunder authorizes the carrying on of the business licensed only at the place indicated in the license, except in case of removal, and upon the written consent of the treasurer indorsed thereon. The place of business is where business transactions are made within an established place of business.
Haw. Rev. Stat. § 451A-7 — HI Code / Division 2 / Title 25 / Chapter 451A / Section 451A-7
Issuance of license.
Status: in_force

The director shall license each applicant who satisfactorily meets the experience requirements and who passes an examination as provided in section 451A-2. Upon the payment of application, examination, and license fees, the director shall issue to the applicant a license.