reglab/housing_qa huggingface dataset:
HI Rev Stat § 467-2 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|467. Real Estate Brokers and Salespersons|467-2 Exceptions.

  §467-2 Exceptions. The provisions requiring licensing as a real estate broker or salesperson shall not apply:  (1) To any individual who, as owner of any real estate or acting under power of attorney from the owner, performs any of the acts enumerated in the definitions of real estate broker and real estate salesperson with reference to the real estate; provided that the term "owner" as used in this paragraph shall not include any individual engaged in the business of real estate development or brokerage or include an individual who acquires any interest in any real estate for the purpose or as a means of evading the licensing requirements of this chapter; and provided further that the term individual "acting under power of attorney" as used in this paragraph shall not include any individual engaged in the business of real estate development or brokerage or any individual who acts under a power of attorney for the purpose or as a means of evading the licensing requirements of this chapter;  (2) To any person acting as a receiver, trustee in bankruptcy, personal representative, or trustee acting under any trust agreement, deed of trust, or will, or otherwise acting under any order of authorization of any court;  (3) To any individual who leases, offers to lease, rents, or offers to rent, any real estate or the improvements thereon of which the individual is the custodian or caretaker;  (4) To any person who manages, rents, or operates a hotel; or  (5) To any provider agency owning, leasing, operating, or managing a homeless facility or any other program for the homeless authorized under part XVII of chapter 346. [L 1933, c 140, §12; RL 1935, §7311; am L 1941, c 205, pt of §1; RL 1945, §7732; RL 1955, §170-2; am L 1961, c 154, §2; HRS §467-2; am L 1971, c 26, §1; am L 1976, c 200, pt of §1; am L 1985, c 141, §3; gen ch 1985; am L 1989, c 217, §2; am L 1991, c 212, §6; am L 1994, c 100, §2; am L 1997, c 350, §17; am L 1998, c 212, §3; am L 2007, c 249, §22; am L 2010, c 89, §6] Attorney General Opinions  Exception does not apply to an employee of a corporation. Att. Gen. Op. 66-6.
HI Rev Stat § 467-3 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|467. Real Estate Brokers and Salespersons|467-3 Commission, appointments, qualifications, tenure.

  §467-3 Commission, appointments, qualifications, tenure. There shall be appointed a commission to be known as the real estate commission, to consist of nine members, at least four of whom shall be licensed real estate brokers who have been engaged in business as licensed real estate brokers or salespersons for three years immediately preceding their appointments, each of whom shall be a citizen of the United States and shall have resided in the State for at least three years preceding appointment, and one of whom shall be designated by the appointing power as chairperson. Four members shall be residents of the city and county of Honolulu, one shall be a resident of the county of Hawaii, one shall be a resident of the county of Maui, and one shall be a resident of the county of Kauai and two members shall be public members.  Appointments shall be made for a term of four years, commencing from the date of expiration of the last preceding term and shall be made to expire on June 30. Appointments shall be made so that at least one appointment shall be required each year.  Any vacancy shall be filled by appointment for the unexpired term. [L 1933, c 140, § §2, 3; RL 1935, §7312; am L 1935, c 126, §1; RL 1945, §7733; am L 1951, c 77, §1; RL 1955, §170-3; am L 1959, c 165, §1; am L Sp 1959 2d, c 1, § §5, 15; am L 1961, c 154, §3; HRS §467-3; am L 1978, c 208, §14; am L 1980, c 60, §1; gen ch 1985; am L 1986, c 130, §4; am L 1989, c 217, §2; am L 1992, c 202, §167; ree L 1993, c 322, §16] Cross References  Departmental administration, see § §26-9 and 26-35.  Quorum, see §92-15. Case Notes  Cited: 38 H. 9 (1948).
HI Rev Stat § 467-4.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|467. Real Estate Brokers and Salespersons|467-4.5 Continuing education.

 §467-4.5 Continuing education. (a) The commission shall have the authority to:  (1) Set content and other requirements for continuing education courses, providers, and instructors;  (2) Determine whether requirements have been met;  (3) Specify a mandatory core course, courses, or equivalencies for a licensing biennium;  (4) Determine how many hours of a continuing education course will be credited toward continuing education requirements for real estate licensees;  (5) Develop its own continuing education courses or approve courses developed by others; and  (6) Authorize the provision of courses taught by alternative delivery methods with interactive instructional techniques. Interactive instructional techniques may include but are not limited to:  (A) The opportunity for immediate exchange with an instructor; and  (B) Assessment and remediation through the assistance of computer, electronic, audio, or audiovisual interactive instruction designed to internally measure and evaluate whether students have mastered stated learning objectives.  (b) Continuing education providers shall:  (1) Certify that instructors have met the commission requirements;  (2) Ensure that instructors are competent in the subject matter of the course and are current in their knowledge of the subject matter; and  (3) Ensure that the course is based on current information, laws, and rules.  (c) Continuing education instructors shall ensure that their courses are based on current information, laws, and rules.  (d) Continuing education courses shall be designed to improve a licensee's competency, or professional standards and practice and shall:  (1) Be offered by a provider approved by the commission and either be:  (A) Approved by the commission and delivered by an instructor certified by a commission-approved continuing education provider;  (B) A national course delivered by an instructor certified by the National Association of Realtors or its affiliates;  (C) A national course delivered by an instructor certified by the Building Owners and Managers Association, the Community Associations Institute, or any other national organization approved by the commission; or  (D) Certified by the Association of Real Estate License Law Officials;  (2) Be designed to allow students to exceed minimal entry level competency in the subject matter of the course including consumer protection in real estate transactions; and  (3) Not require an examination. [L 1999, c 47, pt of §2 as superseded by c 240, §2]
HI Rev Stat § 467-5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|467. Real Estate Brokers and Salespersons|467-5 Board's employees.

  §467-5 Board's employees. Subject to chapter 76, the department of commerce and consumer affairs may employ and remove such administrative and clerical assistants as the real estate commission requires and prescribe their powers and duties. [L 1933, c 140, pt of §4; RL 1935, pt of §7313; RL 1945, pt of §7734; am L 1951, c 77, pt of §2; RL 1955, pt of §170-4; am imp L 1963, c 21, §1 and c 114, §3; HRS §467-5; am L 1982, c 204, §8; am L 2000, c 253, §150]
HI Rev Stat § 467-6 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|467. Real Estate Brokers and Salespersons|467-6 Place of meeting.

  §467-6 Place of meeting. The director of commerce and consumer affairs shall provide suitable quarters for meetings of the real estate commission and for the transaction of its other business. [L 1933, c 140, §5; RL 1935, §7314; am L 1935, c 126, §1; RL 1945, §7735; RL 1955, §170-5; am L Sp 1959 2d, c 1, §6; am L 1963, c 114, §3; HRS §467-6; am L 1982, c 204, §8; am L 1983, c 124, §17]
HI Rev Stat § 467-7 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|467. Real Estate Brokers and Salespersons|467-7 Licenses required to act as real estate broker and salesperson.

  §467-7 Licenses required to act as real estate broker and salesperson. No person within the purview of this chapter shall act as real estate broker or real estate salesperson, or shall advertise, or assume to act as real estate broker or real estate salesperson without a license previously obtained under and in compliance with this chapter and the rules and regulations of the real estate commission. [L 1933, c 140, §6; RL 1935, §7315; am L 1935, c 126, §1; RL 1945, §7736; RL 1955, §170-6; HRS §467-7; am L 1989, c 217, §2] Attorney General Opinions  Only persons not regularly engaged in real estate transaction with a power of attorney from the owner are within the exception. Att. Gen. Op. 65-24.  Includes employees involved in real estate transactions of employer's land. Att. Gen. Op. 66-6.  Selling lists of available real estate rentals is not an act within the definition of a real estate broker. Att. Gen. Op. 67-15. Case Notes  Cited: 38 H. 9, 11 (1948).
HI Rev Stat § 467-7.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|467. Real Estate Brokers and Salespersons|467-7.5 License recognition. The commission may enter into a license recognition agreement with another state, or a jurisdiction recognized by the Association of Real Estate License Law Officials, with an equivalent real estate licensing law as determined by the commission. [L 2004, c 12, §1]

 §467-7.5 License recognition. The commission may enter into a license recognition agreement with another state, or a jurisdiction recognized by the Association of Real Estate License Law Officials, with an equivalent real estate licensing law as determined by the commission. [L 2004, c 12, §1]
HI Rev Stat § 467-9 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|467. Real Estate Brokers and Salespersons|467-9 License, registration, certificate, and applications.

  §467-9 License, registration, certificate, and applications. (a) Every applicant for issuance of a real estate license, registration, or certificate under this chapter shall file an application with the commission in a form and setting forth the information as may be prescribed or required by the commission, and shall furnish any additional information bearing upon the issuance of the license, registration, and certificate as it requires. In the case of a partnership or corporation, any general partner or officer thereof may sign the application on behalf of the applicant. The commission may prescribe deadlines for the submission of applications.  (b) Unless approved by the commission, no real estate broker's license shall be issued under or changed to any trade name, corporate name, or partnership name which contains the name, part of the name, initials, or nickname of:  (1) An unlicensed person;  (2) A real estate salesperson; or   (3) A real estate broker whose real estate license is not associated with or employed by the subject real estate broker applicant. A real estate broker's license name includes any trade name approved by the commission.  (c) A real estate broker's license shall be placed on an inactive status unless the real estate broker immediately changes its name, trade name, corporate name, or partnership name that contains the name, part of the name, initials, or nickname of:  (1) A real estate licensee who is no longer associated with or employed by the subject real estate broker, except in the case of incapacitating disability or death of the real estate licensee where written authorization is obtained from the real estate licensee or legal representative of the licensee permitting use of the name; or  (2) A real estate licensee who is no longer a current active real estate licensee due to revocation, termination, forfeiture, surrender, or inactive status. The changes shall comply with this chapter and the rules of the commission.  (d) Notwithstanding subsection (b), a real estate broker's license name may include the name of a franchise registered with the business registration division of the department of commerce and consumer affairs. [L 1933, c 140, §8; RL 1935, §7317; am L 1935, c 126, §1; RL 1945, §7738; RL 1955, §170-8; HRS §467-9; am L 1971, c 17, §1; am L 1973, c 131, §2; am L 1983, c 116, §2; am L 1984, c 263, §1; am L 1987, c 283, §35; am L 1989, c 217, §2; am L 1993, c 125, §1; am L 1994, c 100, §5; am L 1997, c 40, §20 and c 45, §1] Cross References  Fees; license and renewals, see §467-11. Case Notes  Cited: 38 H. 9, 10 (1948).
HI Rev Stat § 467-9.6 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|467. Real Estate Brokers and Salespersons|467-9.6 Examination.

  §467-9.6 Examination. (a) Every applicant for a real estate examination shall file an application with either the commission or the testing service agency designated by the commission pursuant to rules of the commission to provide the testing service. The application shall be in a form prescribed by the commission and shall include a certification statement that the applicant has fulfilled or will fulfill by the date of the examination, the prerequisites for examination. Every application shall be accompanied by an examination fee as determined by the commission by rules adopted pursuant to chapters 26 and 91. Applicants shall apply for real estate licenses in the manner prescribed by the commission.  (b) The commission may prescribe the passage of a specific section or sections of the examination for different purposes, including the following:  (1) A current out-of-state licensee requesting an equivalency to the uniform part of the state prelicensing examination based on previously passing the uniform portion of another state's licensing examination or equivalent as determined by the commission. The approved equivalency will be for the respective examination passed in the other state;  (2) Equivalency to continuing education requirements as determined by the commission;  (3) Restoration of forfeited license; and  (4) Reinstatement of license due to disciplinary action, as determined by the commission; subject to the contract with the testing service and submission of application and approval prior to application for the examination. [L 1973, c 131, pt of §3; am L 1981, c 23, §1; am L 1982, c 270, §3; am L 1994, c 100, §7; am L 1999, c 240, §5]
HI Rev Stat § 467-10 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|467. Real Estate Brokers and Salespersons|467-10 Form of licenses, registrations, and certificates.

  §467-10 Form of licenses, registrations, and certificates. The form of every license, registration, and certificate shall be prescribed by the commission, and shall be issued in the name of the commission. [L 1933, c 140, §9; RL 1935, §7318; am L 1935, c 126, §1; RL 1945, §7739; RL 1955, §170-9; HRS §467-10; gen ch 1993; am L 1994, c 100, §8]
HI Rev Stat § 467-11.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|467. Real Estate Brokers and Salespersons|467-11.5 Prerequisites for license renewal.

  §467-11.5 Prerequisites for license renewal. (a) Prior to the license renewal of a real estate broker or real estate salesperson, the licensee shall provide the commission with proof of having attended at least twenty hours of continuing education or its equivalent as determined by the commission during the two-year period preceding the application for renewal. Failure to satisfy the continuing education requirement by the license expiration date shall result in the renewed license being automatically placed on an "inactive" status.  (b) To reactivate a license which has been placed on an "inactive" status, the licensee shall submit to the commission proof of having satisfied the continuing education requirement of this section, a complete application setting forth the information as may be prescribed or required by the commission, and payment of the proper fee.  (c) No license shall be renewed if the license trade name, partnership, or corporation is not currently registered with the department of commerce and consumer affairs.  (d) Upon submission of a renewal application, an individual real estate licensee, who holds a current, unencumbered real estate license in another state, or who holds a current, unencumbered real estate license in a jurisdiction recognized by the Association of Real Estate License Law Officials, with an equivalent real estate licensing law as determined by the commission, may request a determination of equivalency for the elective course hours of the continuing education requirement. The equivalency shall be based on the successful completion of the continuing education requirements in the other state or jurisdiction prior to submission of the renewal application. Approval of the equivalency shall be subject to the real estate licensee completing the commission-designated core course, as determined by the commission. [L 1987, c 95, § §1, 3; am L 1989, c 217, §2; am L 1994, c 68, §1; am L 1995, c 241, § §5, 11; am L 1996, c 149, §1; am L 1997, c 289, §3; am L 1999, c 47, §3; am L 2002, c 129, §4; am L 2010, c 9, §2] Note  $25 fee for equivalency determination application. L 2002, c 129, §7.
HI Rev Stat § 467-12 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|467. Real Estate Brokers and Salespersons|467-12 Place of business and posting of license.

 §467-12 Place of business and posting of license. (a) A licensed real estate broker shall have and maintain a definite place of business in the State, in compliance with this chapter and the rules of the commission, and shall display therein the real estate broker's license and upon request make available any associating real estate salesperson's license.  (b) No real estate broker's branch office shall operate without a registration previously obtained under and in compliance with this chapter and the rules of the commission. [L 1953, c 252, §3; RL 1955, §170-11; HRS §467-12; am L 1991, c 155, §3; am L 1999, c 240, §7]
HI Rev Stat § 467-13 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|467. Real Estate Brokers and Salespersons|467-13 Delivery of agreement.

  §467-13 Delivery of agreement. When a licensee prepares or has prepared an agreement authorizing the licensee to perform any of the acts for which the licensee is required to hold a license, or when such licensee secures the signature of any party or parties to any contract pertaining to such services or transaction, the licensee shall deliver a copy of the agreement or contract to the party or parties signing it, at the time the signature is obtained; provided that only one copy need be delivered to parties signing as cotenants. [L 1957, c 112, §1; Supp, §170-11.5; HRS §467-13; am L 1977, c 197, §1(4); gen ch 1985]
HI Rev Stat § 467-15 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|467. Real Estate Brokers and Salespersons|467-15 Hearings.

  §467-15 Hearings. In every case where it is proposed to revoke or suspend the exercise of any license, fine any person holding a license, registration, or certificate, terminate any registration or certificate, or take any other action authorized by law, for any of the causes enumerated in section 467-14, the person concerned shall be given notice and hearing in conformity with chapter 91.  In all proceedings before it, the commission and each member thereof shall have the same powers respecting administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining witnesses, as are possessed by circuit courts. In cases of disobedience by any person of any order of the commission, or any member thereof, or of any subpoena issued by it, or the member, or the refusal of any witness to testify to any matter to which the witness may be questioned lawfully, any circuit judge, on application by the commission, or a member thereof, shall compel obedience as in the case of disobedience of the requirements of a subpoena issued by a circuit court, or a refusal to testify therein. [L 1951, c 77, §6; RL 1955, §170-13; am L 1965, c 96, §112; HRS §467-15; am L 1973, c 31, pt of §21; gen ch 1985; am L 1986, c 106, §2; am L 1994, c 100, §9; am L 1995, c 241, §7]
HI Rev Stat § 467-15.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|467. Real Estate Brokers and Salespersons|467-15.5 License issued after a revocation or automatic termination.

  §467-15.5 License issued after a revocation or automatic termination. A person whose license has been revoked, or automatically terminated in accordance with section 467-18(e), may apply for a license as a new applicant after the revocation or termination period and, if applicable, after repayment to the real estate recovery fund and compliance with all the terms of the commission's final order. Any person who was previously licensed as a real estate broker shall apply as a real estate salesperson. Any person who was previously licensed as a real estate salesperson shall apply as a real estate salesperson. A new applicant refused licensure as a real estate broker pursuant to this section shall not be entitled to a hearing on that refusal. [L 1986, c 312, §1; am L 1989, c 217, §2; am L 1994, c 100, §10]
HI Rev Stat § 467-16 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|467. Real Estate Brokers and Salespersons|467-16 Real estate recovery fund; use of fund; fees.

  §467-16 Real estate recovery fund; use of fund; fees. (a) The commission shall establish and maintain a trust fund which shall be known as the real estate recovery fund from which any person aggrieved by an act, representation, transaction, or conduct of a duly licensed real estate broker, or real estate salesperson, upon the grounds of fraud, misrepresentation, or deceit, may recover upon the commission's settlement of a claim or by order of the circuit court or district court of the county where the violation occurred, an amount of not more than $25,000 per transaction for damages sustained by the fraud, misrepresentation, or deceit, including court costs and fees as set by law, and reasonable attorney fees as determined by the court.  (b) When any person makes application for an original license to practice as a real estate broker or salesperson the person shall pay, in addition to the person's original license fee, a real estate recovery fund fee as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91 for deposit in the real estate recovery fund. If the commission does not issue the license, this fee shall be returned to the applicant.  (c) The commission, as the trustee of the real estate recovery fund, shall be authorized to expend the funds to:  (1) Retain private legal counsel to represent the commission in any action involving or which may result in payment from the real estate recovery fund;  (2) Retain a certified public accountant for accounting and auditing of the real estate recovery fund;  (3) Employ necessary personnel, not subject to chapter 76, to assist the commission in exercising its powers and duties with respect to the real estate recovery fund; and  (4) Retain a consultant to recover and collect any payments from the real estate recovery fund plus interest from the judgment debtor. [L 1967, c 187, pt of §1; HRS §467-16; am L 1972, c 51, §1; am L 1973, c 142, §2; am L 1976, c 143, §1; am L 1983, c 116, §5; gen ch 1985; am L 1987, c 208, §2; am L 1988, c 145, §3; am L 1995, c 241, §8; am L 2000, c 253, §150; am L 2019, c 29, § §11, 18(2); am L 2020, c 12, § §4, 8] Rules of Court  Applicability of Hawaii Rules of Civil Procedure, with respect to § §467-16 to 467-25, see HRCP rule 81(b)(12). Case Notes  Appellants' contention that phrase "damages sustained", as used in this section, includes punitive damages was erroneous. 76 H. 39, 868 P.2d 457 (1994).  "Any person aggrieved" means any person-claimant involved in one transaction. 4 H. App. 552, 670 P.2d 459 (1983).