reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371. Department of Labor and Industrial Relations › 371-18 Staffing for federally funded programs.

§371-18 Staffing for federally funded programs.
Positions established by the department to implement federally funded employment or training programs, or both, including but not limited to those established under the Comprehensive Employment and Training Act, Job Training Partnership Act, Workforce Investment Act, and the welfare to work program, may be exempt from chapter 76. [L 2003, c 103, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371. Department of Labor and Industrial Relations › 371-18.5 Workforce advisory boards; established.

§371-18.5 Workforce advisory boards; established.
(a) In addition to any workforce advisory board established pursuant to this chapter, the director may establish workforce advisory boards to be placed in the department for administrative purposes only. Section 26-34 shall not apply to the workforce advisory boards established pursuant to this section.
(b) The director or the director's designee shall serve as the chairperson of any workforce advisory board.
(c) The director may designate the membership of the workforce advisory boards, and the members shall be selected on the basis of their knowledge, experience, and expertise. The members may consist of partners, stakeholders, educators, practitioners, and employers in important or emerging businesses or industries that have been identified in the State.
(d) The workforce advisory boards shall:
(1) Advise the department on strategies for developing the industry workforce, including recommending projects and programs to promote the expansion and development of the industry;
(2) Develop a mission, objectives, and goals with particular emphasis on pre-service programs and opportunities;
(3) Advise the department in developing partnerships and cooperative educational programs with providers, organizations, and stakeholders to further the workforce advisory board's mission and objectives;
(4) Coordinate and align workforce programs and develop strategies to meet worker and employer needs;
(5) Engage employers across the workforce system to align training with needed skills and match employers with qualified workers;
(6) Provide new and incumbent worker training and transitional jobs that promote work-based training; and
(7) Align the performance indicators for core programs, and add new performance indicators related to services to employers and post-secondary credential attainment.
(e) The members of the workforce advisory boards shall serve without compensation, but shall be reimbursed for expenses, including travel expenses, incurred in the performance of their duties and shall serve two-year terms. [L 2015, c 166, §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371. Department of Labor and Industrial Relations › 371-19 Hawaii agriculture workforce advisory board; established.

§371-19 Hawaii agriculture workforce advisory board; established.
(a) There is created within the department, for administrative purposes only, the Hawaii agriculture workforce advisory board, which shall include the following members or their designees:
(1) The director;
(2) The chairperson of the board of agriculture;
(3) The superintendent of education;
(4) The dean of the college of tropical agriculture and human resources at the University of Hawaii at Manoa;
(5) The dean of the college of agriculture, forestry, and natural resource management at the University of Hawaii at Hilo;
(6) A chancellor of a community college within the University of Hawaii system, selected by the other members of the Hawaii agriculture workforce advisory board;
(7) The president of the Hawaii Farm Bureau Federation; and
(8) A representative from the farming community, for a term of two years, to be selected by the chairperson of the board of agriculture.
Section 26-34 shall not apply to the Hawaii agriculture workforce advisory board. The director shall serve as the chairperson of the Hawaii agriculture workforce advisory board.
(b) The Hawaii agriculture workforce advisory board shall advise the department on the following matters:
(1) Developing the next generation of the agriculture industry workforce in the State;
(2) Developing the mission, direction, and goals of the Hawaii agriculture workforce advisory board;
(3) Developing partnerships with agricultural organizations and stakeholders to further the Hawaii agriculture workforce advisory board's mission and objectives;
(4) Maintaining and supporting the National Future Farmers of America Organization within the State; and
(5) Recommending projects and programs to promote the expansion and development of the agricultural industry in the State.
(c) The Hawaii agriculture workforce advisory board members shall serve without compensation; provided that the representative from the farming community shall be reimbursed for necessary expenses incurred during the performance of the representative's duties. [L 2013, c 99, §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371. Department of Labor and Industrial Relations › 371-19.2 Hawaii healthcare workforce advisory board; established.

§371-19.2 Hawaii healthcare workforce advisory board; established.
(a) There is established within the department, for administrative purposes, the Hawaii healthcare workforce advisory board, which shall include the following members or their designees:
(1) The director, who shall serve as the chair;
(2) The director of health;
(3) The director of the Hawaii/Pacific basin area health education center;
(4) The director of the University of Hawaii at Manoa office of public health studies;
(5) One chancellor of a community college within the University of Hawaii system, to be selected by the other members of the Hawaii healthcare workforce advisory board;
(6) One member representing a nurse training program; and
(7) Three representatives from Hawaii's health care community that represent a variety of health care disciplines. The representatives shall be selected by the other members of the Hawaii healthcare workforce advisory board and shall serve two-year terms.
(b) Section 26-34 shall not apply to the Hawaii healthcare workforce advisory board.
(c) The Hawaii healthcare workforce advisory board shall:
(1) Advise the department on strategies for developing the health care industry workforce, including recommending projects and programs to promote the expansion and development of the health care industry;
(2) Develop a mission, objectives, and goals with particular attention to efforts in pre-service programs and opportunities; and
(3) Advise the department in developing partnerships with health care providers, organizations, and stakeholders to further the Hawaii healthcare workforce advisory board's mission and objectives.
(d) Members of the Hawaii healthcare workforce advisory board shall serve without compensation; provided that the representatives from the health care community shall be reimbursed for necessary expenses incurred in the performance of their duties. [L 2015, c 166, §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371. Department of Labor and Industrial Relations › 371-20 National Human Trafficking Resource Center hotline; posting requirement; penalty.

§371-20 National Human Trafficking Resource Center hotline; posting requirement; penalty.
(a) Every employer specified in subsection (b) shall post and keep posted in a place readily accessible to individuals in the employer's employ a poster no smaller than eight and one-half inches by eleven inches in size that states the following:
"If you or someone you know is being forced to engage in any activity and cannot leave €“ whether it is commercial sex, housework, farm work, or any other similar activity €“ call the National Human Trafficking Resource Center Hotline at 1-888-373-7888 to access help and services.
Victims of human trafficking are protected under United States and Hawaii law.
The hotline is:
(1) Available twenty-four hours a day, seven days a week;
(2) Toll-free;
(3) Operated by a nonprofit, nongovernmental organization;
(4) Anonymous and confidential;
(5) Accessible in one hundred seventy languages; and
(6) Able to provide help, referral to services, training, and general information."
(b) For purposes of this section, "employer" means any person that:
(1) Holds a class 5 or class 11 liquor license pursuant to section 281-31;
(2) Maintains a massage therapy establishment that employs five or more people; or
(3) Employs one or more erotic or nude massagers or exotic or nude dancers as defined in section 712-1210.
(c) A poster required under subsection (a) shall be printed in English and the director may supplement the required information.
(d) The department shall make available on its public website an electronic version of the poster required by subsection (a) for employers to print.
(e) Any employer who wilfully and knowingly fails, neglects, or refuses to perform any act required by this section shall be fined not more than $100 for each separate offense. Each day the violation continues shall 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 2013, c 245, §1; am L 2015, c 35, §11]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371. Department of Labor and Industrial Relations › 371-21 K-12 agriculture workforce development pipeline initiative.

§371-21 K-12 agriculture workforce development pipeline initiative.
(a) There shall be created in the department a k-12 agriculture workforce development pipeline initiative to conduct training sessions for teachers and school administrators on the islands of Oahu, Hawaii, Maui, Molokai, Lanai, and Kauai, regarding agricultural self-sufficiency.
(b) The k-12 agriculture workforce development pipeline initiative shall be headed by a coordinator who shall be appointed by the director, subject to chapter 76, to carry out the purposes of this section, which may include developing and proposing scholarships, travel offsets, course credits, and stipends. The coordinator may hire, subject to chapter 76, necessary staff, including a workforce development specialist, to carry out the purposes of this section.
(c) Course material for the training sessions under subsection (a) shall be approved by the Hawaii agriculture workforce advisory board established pursuant to section 371-19.
(d) The department shall submit annual reports to the legislature on the activities of the k-12 agriculture workforce development pipeline initiative. [L 2016, c 229, §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371K. Community Services › 371K-1 Findings and purpose.

§371K-1 Findings and purpose.
The State of Hawaii has long been a leader among the states in the development of progressive and innovative undertakings in behalf of its needy people. Securing the well-being of all of the State's needy citizens continues to be a policy concern deserving of the highest priority.
Yet, even as we commit a growing share of the State's resources to programs and services to assist the poor, the disadvantaged, refugees, immigrants, and other people in need, we must also ensure that government resources are used prudently, that tax dollars are not being expended in a wasteful or extravagant manner, and that the State recognizes changes in societal attitudes, values, and emphasis which have produced new issues requiring new approaches for their resolution.
The purpose of this chapter is to establish a new office, the office of community services, within the department of labor and industrial relations for administrative purposes, to replace the office of the progressive neighborhoods program, the Hawaii office of economic opportunity, the refugee resettlement program, and the state immigrant services center. The primary purposes of the new office are to facilitate and enhance the development, delivery, and coordination of effective programs for those in need and to provide advice and assistance to the agencies of the executive branch, other private agencies in the human services field, and the legislature. The establishment of the office of community services would:
(1) Comply with requirements of the Hawaii State Constitution;
(2) Improve the efficiency and effectiveness of the operations of the executive branch;
(3) Improve the delivery of services to disadvantaged persons, refugees, and immigrants;
(4) Fix responsibility and accountability for successfully carrying out programs, policies, and priorities of the office; and
(5) Improve responsiveness to the needs of the people of Hawaii. [L 1985, c 305, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371K. Community Services › 371K-2 Office of community services, establishment.

§371K-2 Office of community services, establishment.
(a) There is established within the department of labor and industrial relations, for administrative purposes only, an office of community services. The following shall be among the programs to be under the auspices of and coordinated through the office:
(1) Progressive neighborhoods program;
(2) Hawaii office of economic opportunity;
(3) Refugee resettlement program; and
(4) State immigrant services center.
(b) The head of the office shall be known as the executive director of the office of community services, hereinafter referred to as executive director. The executive director shall have: training and experience in the field of social work, education, public health, or related fields; direct experience in programs and services related to disadvantaged persons, refugees, or immigrants; and experience in a supervisory, consultative, or administrative capacity. The executive director shall be appointed by the governor without regard to chapter 76, and shall be compensated at a salary level no less than that of a second deputy. The executive director shall be included in any benefit program generally applicable to the officers and employees of the State. [L 1985, c 305, pt of §1; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371K. Community Services › 371K-3 General functions, duties, and powers of the executive director.

§371K-3 General functions, duties, and powers of the executive director.
The executive director shall:
(1) Serve as the principal official in state government responsible for the coordination of programs for the needy, poor, and disadvantaged persons, refugees, and immigrants;
(2) Oversee, supervise, and direct the performance by subordinates of activities in such areas as planning, evaluation, and coordination of programs for disadvantaged persons, refugees, and immigrants and development of a statewide service delivery network;
(3) Assess the policies and practices of public and private agencies impacting on the disadvantaged and conduct advocacy efforts on behalf of the disadvantaged, refugees, and immigrants;
(4) Devise and recommend legislative and administrative actions for the improvement of services for the disadvantaged, refugees, and immigrants;
(5) Serve as a member of advisory boards and panels of state agencies in such areas as child development programs, elder programs, social services programs, health and medical assistance programs, refugee assistance programs, and immigrant services programs;
(6) Administer funds allocated for the office of community services; and apply for, receive, and disburse grants and donations from all sources for programs and services to assist the disadvantaged, refugees, and immigrants;
(7) Adopt, amend, and repeal rules pursuant to chapter 91 for purposes of this chapter;
(8) Retain such staff as may be necessary for the purposes of this chapter, who may be exempt from chapter 76; and
(9) Contract for services as may be necessary for the purposes of this chapter. [L 1985, c 305, pt of §1; am L 1990, c 67, §8; am L 2000, c 253, §150; am L 2006, c 300, §11; am L 2012, c 39, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371K. Community Services › 371K-4 General duties of the office of community services.

§371K-4 General duties of the office of community services.
The office of community services shall:
(1) Establish statewide goals and objectives relating to disadvantaged persons, refugees, and immigrants;
(2) Study the facts concerning the needs of disadvantaged persons, refugees, and immigrants in the State through adequate research studies, such research to be carried on whenever possible through the departments or agencies of the state and county governments responsible for providing services in the fields of health, education, social welfare, employment, and related areas. Where such research cannot be done within such established agencies, it shall be carried out by this office or contracted by this office;
(3) Review legislation pertaining to programs within the purview of the office and appropriations made for services to the disadvantaged, refugees, and immigrants, recommend revisions and additions needed, and report to the governor regarding such legislation;
(4) Evaluate the availability, adequacy, and accessibility of all services for the disadvantaged, refugees, and immigrants within the State;
(5) Assist and coordinate the efforts of all public and private agencies providing services which affect the disadvantaged, refugees, and immigrants including, without limitation to the generality of the foregoing, the department of health, the department of human services, the department of labor and industrial relations, and the department of education, and report such facts and the office's recommendations to the governor and to the legislature. The executive heads of all such departments and agencies shall make available to the office of community services such information as the office deems necessary for the effective discharge of its duties under this chapter;
(6) Maintain contacts with local, state, and federal officials and public and private agencies concerned with planning for the disadvantaged, refugees, and immigrants; and
(7) Encourage and foster local action in behalf of the disadvantaged, refugees, and immigrants. [L 1985, c 305, pt of §1; am L 1987, c 339, §4]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371K. Community Services › 371K-7 Relationships with other departments and agencies and cooperation with office of community services.

§371K-7 Relationships with other departments and agencies and cooperation with office of community services.
Every state department, county agency, or other public or private agencies providing programs and services to the disadvantaged, refugees, and immigrants shall be encouraged to actively work toward the goals and objectives established by the office of community services and to coordinate with the office of community services the development of its program plans. The executive heads of all such departments and agencies shall cooperate with the office of community services in providing information as the office deems necessary for the effective discharge of its duties. However, nothing contained in this chapter shall be deemed to delegate or detract in any way from the functions, powers, and duties prescribed by law for any other department or agency of this State or county, nor to terminate any existing contracts between such department or agency and any private organizations for the development or administration of programs or services to the disadvantaged, refugees, and immigrants. Notwithstanding that each county shall maintain maximum control over the development and administration of human service programs tailored to meet county needs, each department, agency, officer, and employee of the State and of the counties shall cooperate with and assist the office of community services in the performance of the functions, powers, and duties of the office. [L 1985, c 305, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 372. Apprenticeship › 372-1 Application of chapter.

§372-1 Application of chapter.
This chapter shall apply to a person, employer, association, committee, or organization only after such person, employer, association, committee, or organization has voluntarily elected to conform with its provisions. [L Sp 1941, c 23, §6; RL 1945, §4147; RL 1955, §89-1; HRS §372-1; am L 2012, c 14, §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 372. Apprenticeship › 372-2 Definitions.

§372-2 Definitions.
As used in this chapter:
"Apprentice" means a worker at least sixteen years of age, except where a higher minimum age standard is otherwise fixed by law, who is employed to learn an apprenticeable occupation in accordance with the standards of apprenticeship established by this chapter.
"Apprenticeship agreement" is a written agreement between an apprentice and either the apprentice's program sponsors or an apprenticeship committee acting as agent for the program sponsors. The apprenticeship agreement shall be approved by the director.
"Apprenticeship committee" means a group of persons designated by the sponsors to administer an apprenticeship program. An apprenticeship committee may either be a joint committee comprising an equal number of representatives of the employers and employees represented by bona fide collective bargaining agents, or a non-joint committee, known as a unilateral or group non-joint committee, that has employer representatives and may include employees, but does not have a bona fide collective bargaining agent as a participant.
"Department" means the department of labor and industrial relations.
"Director" means the director of labor and industrial relations.
"Sponsor" means any person, employer, association, committee, or organization operating an apprenticeship program and in whose name the program is, or is to be, registered and approved. [L Sp 1941, c 23, pt of § §4, 5; am L 1943, c 158, pt of §2; RL 1945, pt of § §4145, 4146; am L 1945, c 22, §1(1); am L 1955, c 31, §1(b); RL 1955, §89-2; am L 1959, c 14, §1; am L 1967, c 20, §1(a); HRS §372-2; am L 2012, c 14, §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 372. Apprenticeship › 372-3 Standards of apprenticeship.

§372-3 Standards of apprenticeship.
Standards of apprenticeship that conform to the federal regulations shall be established by the director. Apprenticeship program sponsors that meet the standards of apprenticeship may seek approval and registration by the director. [L Sp 1941, c 23, pt of §4; am L 1943, c 158, pt of §2; RL 1945, pt of §4145; am L 1955, c 31, §1(c); RL 1955, §89-3; am L 1959, c 14, §2; am L 1967, c 20, §1(b); HRS §372-3; am L 1978, c 67, §1; gen ch 1985, 1993; am L 2012, c 14, §4]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 372. Apprenticeship › 372-4 State apprenticeship council.

§372-4 State apprenticeship council.
The director shall establish within the department the state apprenticeship council which shall serve in an advisory capacity to the director on matters within the jurisdiction of the department relating to apprenticeship programs. The membership and organization of the council shall be determined by the director. The council shall be composed of persons familiar with apprenticeable occupations, and shall include an equal number of representatives of employers and employee organizations, and shall include public members who shall not number in excess of the number named to represent either employers or employee organizations. The members of the council shall be appointed and removed at the pleasure of the director. [L Sp 1941, c 23, pt of §1; RL 1945, §4141; RL 1955, §89-4; am L 1967, c 20, §1(c); HRS §372-4; gen ch 1985; am L 2012, c 14, §5]
Case Notes
A contested case hearing pursuant to §91-14(a) was not required in the determination by the labor director to register an apprenticeship program pursuant to this section. 104 H. 275, 88 P.3d 647 (2004).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 372. Apprenticeship › 372-5 Powers and duties of director.

§372-5 Powers and duties of director.
The director shall:
(1) Establish standards of apprenticeship and for apprenticeship agreements in conformity with this chapter;
(2) Provide assistance for the development of on-the-job training programs in nonapprenticeable occupations;
(3) Encourage and promote apprenticeship in apprenticeable occupations, including occupations in high growth and high demand industries;
(4) Approve and register apprenticeship programs and apprenticeship agreements which conform to the standards established by this chapter;
(5) Keep records of apprenticeship agreements and upon performance thereof issue certificates of completion of apprenticeship;
(6) Terminate or cancel apprenticeship agreements in accordance with the agreements, and deregister apprenticeship programs;
(7) Bring about the settlement of differences arising out of the apprenticeship agreement where the differences cannot be otherwise adjusted locally;
(8) Issue such rules and regulations as may be necessary to carry out the intent and purpose of this chapter;
(9) Appoint personnel as are necessary in the execution of the functions required under this chapter;
(10) Perform other duties as are necessary to carry out the intent and purpose of this chapter or rules pertaining to apprenticeship; and
(11) Accord reciprocal approval to apprenticeship programs and agreements that are registered in other states by the federal Office of Apprenticeship or a recognized agency of a state if such reciprocity is requested by the apprenticeship program sponsor. Program sponsors seeking reciprocal approval shall meet the wage and hour provisions and apprentice ratio standards of this State. [L Sp 1941, c 23, pt of §1; am L 1943, c 158, §1; RL 1945, §4142; RL 1955, §89-5; am L 1963, c 55, §1; am L 1967, c 20, §1(d); HRS §372-5; am L 2012, c 14, §6]
Cross References
Rules, see chapter 91 and §371-7.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 372. Apprenticeship › 372-6 Related instruction.

§372-6 Related instruction.
Related instruction for apprentices and training of teachers and coordinators for the instruction shall be the responsibility of the community colleges of the University of Hawaii system. [L Sp 1941, c 23, §2; RL 1945, §4143; am L 1955, c 31, §1(a); RL 1955, §89-6; am L 1965, c 138, §1; am L 1967, c 20, §1(e); HRS §372-6; am L 1990, c 101, §1; am L 2012, c 14, §7]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 372. Apprenticeship › 372-7 Apprenticeship committee.

§372-7 Apprenticeship committee.
Subject to the review of the director and in accordance with the standards established by this chapter and rules adopted by the director, apprenticeship committees shall give assistance to the operation and further development of apprenticeship in their respective occupation and localities. [L Sp 1941, c 23, §3; RL 1945, §4144; RL 1955, §89-7; am L 1967, c 20, §1(f); HRS §372-7; am L 2012, c 14, §8]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 372. Apprenticeship › 372-8 State-federal cooperation.

§372-8 State-federal cooperation.
The department may promote the administration of this chapter by accepting and utilizing information, services, and facilities made available to it by the federal Advisory Committee on Apprenticeship; and the department shall cooperate with the federal Advisory Committee on Apprenticeship to the fullest extent consistent with this chapter. [L 1945, c 22, §1(2); RL 1955, §89-8; am L 1967, c 20, §1(g); HRS §372-8; am L 2012, c 14, §9]
Attorney General Opinions
Does not expressly authorize disclosure of personal records. Att. Gen. Op. 86-14.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373. Commercial Employment Agencies › 373-1 Definitions.

§373-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Actual earnings from employment" means the total compensation, including reported amount of tips for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis of calculation, but shall not include the reasonable cost to an employer of furnishing an employee with fringe benefits or board, lodging, or other facilities and non-cash gratuities of any kind.
"Applicant" means any person who uses the services of an employment agency to secure employment for that person.
"Branch office" means an employment agency office maintained away from the principal employment agency office.
"Director" means the director of commerce and consumer affairs.
"Employer" means any individual, partnership, corporation, or association, employing or seeking to employ any person for hire.
"Employment agency" means any individual, partnership, corporation, or association engaged in the business of providing employment information, procuring employment for applicants, or procuring employees for placement with employers upon request, for a fee or other valuable thing, exacted, charged, or received, but shall not include the United States or the State or instrumentalities thereof.
"Gross wages, salaries, or commissions" means the gross amount of the applicant's actual earnings from employment.
"Principal agent" means the responsible managing agent who is responsible for managing an employment agency and who is responsible for all business transactions and actions by the agency's employees. [L 1959, c 264, pt of §3; am L Sp 1959 2d, c 1, §27; Supp, §88A-1; HRS §373-1; am L 1980, c 302, pt of §2; am L 1983, c 84, §1(2); am L 1985, c 135, §1; am L 2002, c 22, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373. Commercial Employment Agencies › 373-2 License required.

§373-2 License required.
No employment agency shall engage in business without a license obtained under this chapter and the rules of the director. [L 1959, c 264, pt of §3; am L Sp 1959 2d, c 1, §27; Supp, §88A-2; HRS §373-2; am L 1980, c 302, pt of §2; am L 1985, c 135, §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373. Commercial Employment Agencies › 373-3 Fees; biennial renewal; restoration.

§373-3 Fees; biennial renewal; restoration.
(a) No applicant shall be examined under this chapter until the appropriate fees have been paid.
(b) Every person holding a license under this chapter shall register with the director and pay a biennial renewal fee on or before June 30 of each even-numbered year. Failure to pay the renewal fee shall constitute a forfeiture of the license as of the date of expiration. Any license so forfeited may be restored within one year after the expiration upon filing of an application and payment of the renewal and restoration fees.
(c) All fees shall be as provided in rules adopted by the director pursuant to chapter 91. [L 1959, c 264, pt of §3; Supp, §88A-3; HRS §373-3; am L 1980, c 302, pt of §2; am L 1983, c 84, §1(3); am L 1985, c 135, §3; am L 1992, c 202, §2; am L 2002, c 22, §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373. Commercial Employment Agencies › 373-4 Bond.

§373-4 Bond.
Every employment agency that collects fees from applicants shall give and keep in force a bond with the director in the penal sum of $5,000 with good and sufficient surety or sureties approved by the director, conditioned that:
(1) The licensee shall not violate this chapter; and
(2) The licensee shall faithfully, promptly, and truly refund all fees illegally or incorrectly obtained from applicants to the director. [L 1959, c 264, pt of §3; am L 1961, c 45, §1; Supp, §88A-4; HRS §373-4; am L 1980, c 302, pt of §2; am L 2002, c 22, §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373. Commercial Employment Agencies › 373-5 Application for license.

§373-5 Application for license.
(a) Every individual, partnership, corporation, or association seeking a license to operate an employment agency shall file a written application with the director that shall contain such information and shall be in such form as the director may prescribe; provided that in addition to complying with all other requirements of this chapter, no license shall be issued unless the applicant either has passed a certified employment consultant examination as designated by the director or has in the applicant's employ a principal agent.
(b) Every principal agent shall file a written application with the director that shall contain such information and shall be in such form as the director may prescribe and no license shall be issued unless the applicant has passed a certified employment consultant examination as designated by the director.
The examination shall cover the following:
(1) Interview principles and techniques;
(2) Job descriptions and specifications;
(3) Placement procedure, including recruitment, solicitation, and referral;
(4) Aids for applicants;
(5) Agency management;
(6) General principles of business law; and
(7) State statutes and rules relating to an employment agency.
(c) A principal agent who does not engage in the employment agency business in the State during the succeeding year shall not be required to pay the renewal fee as long as the principal agent remains inactive. Should the principal agent wish to resume work as a principal agent at some future time, the principal agent shall so notify the director and remit the renewal fee for the current biennial period.
(d) Every applicant, including all officers, directors, partners, members, or managers of the applicant, shall possess a reputation for honesty, truthfulness, financial integrity, and fair dealing and shall not have been convicted of a felony directly related to the operation of a commercial employment agency, unless the conviction has been expunged or annulled. [L 1959, c 264, pt of §3; Supp, §88A-5; HRS §373-5; am L 1978, c 202, §2; am L 1980, c 302, pt of §2; am L 1982, c 163, §2; am L 1985, c 135, §4; am L 2002, c 22, §4]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373. Commercial Employment Agencies › 373-6 Issuance of license.

§373-6 Issuance of license.
(a) Upon receipt of an application for a license to conduct an employment agency, the director may issue the license if the applicant has met the requirements of this chapter and chapter 436B.
(b) Every license issued shall be valid only as to the employment agency and any branch offices of the employment agency.
(c) No license shall be issued to an employment agency that establishes or maintains a place of business in, or conducts business from, a home, apartment, hotel room, or any other location where the premises may be considered not in the public interest, unless approved by the director.
(d) A license issued under this chapter shall not be transferable. [L 1959, c 264, pt of §3; Supp, §88A-6; HRS §373-6; am L 1980, c 302, pt of §2; am L 2002, c 22, §5]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373. Commercial Employment Agencies › 373-8 Posting.

§373-8 Posting.
Every license to conduct an employment agency together with a copy of the fee schedule shall be posted in a conspicuous place in the main room of the agency. [L 1959, c 264, pt of §3; Supp, §88A-8; HRS §373-8]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373. Commercial Employment Agencies › 373-9 Records and reports.

§373-9 Records and reports.
Every employment agency shall keep records and make such reports with respect to the operation of the business as the director by rule may prescribe. Such records as required by rule shall be preserved by the agency and kept in the office of the employment agency for a period of at least two years. [L 1959, c 264, pt of §3; am L Sp 1959 2d, c 1, §27; Supp, §88A-9; HRS §373-9; am L 1980, c 302, pt of §2; am L 1983, c 84, §1(4)]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373. Commercial Employment Agencies › 373-10 Fees.

§373-10 Fees.
(a) Each employment agency shall file with its application, an initial schedule of placement fees to be charged to applicants. Any change to the schedule of placement fees shall be filed with the director within thirty days of the change, unless the time is extended by the director for good cause. The schedule of placement fees shall be available to the general public at the department.
(b) The schedule, or change of schedule shall become effective upon approval of the director; provided that the director shall approve or disapprove within sixty days after the schedule is filed.
(c) Any contract between an applicant and the employment agency shall be in writing and shall contain:
(1) In bold print enclosed within a conspicuous border, the gross amount of the estimated fee to be charged and the time period on which the fee is based;
(2) A statement indicating that the fees charged are in accordance with the schedule of placement fees filed with the department;
(3) A prominently displayed statement that no fees shall be paid until the job applicant obtains employment and receives the first paycheck, provided that this shall not apply to employer fee paid placements;
(4) The name and license number of the commercial employment agency; and
(5) A statement that the applicant has the right to have the agency produce for review a copy of the law and rules regulating the practices of commercial employment agencies.
A copy of the contract shall be provided to the applicant. The director may adopt rules pursuant to chapter 91 to prescribe the form and content of the contract.
(d) No employment agency shall charge to or collect from any applicant a registration fee or advance payment for services to be rendered in finding employment.
(e) It shall be a violation of this chapter for an employment agency to charge, demand, or collect any registration fee or advance payment for services from an applicant, or any fee which is greater than the applicable fee listed in the schedule which it has filed with the director. [L 1959, c 264, pt of §3; am L 1961, c 45, §2; Supp, §88A-10; HRS §373-10; am L 1980, c 287, §1; am L 1988, c 48, §2; am L 2002, c 22, § §6, 7]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373. Commercial Employment Agencies › 373-12 Restitution of illegal fees.

§373-12 Restitution of illegal fees.
Whenever in the course of an investigation made pursuant to this chapter, it is determined that there has been an illegal collection of fees, the employment agency shall refund the fee illegally collected upon the order of the director or the director's authorized representative. Failure to refund the fee shall constitute a violation of this chapter subject to the penalties provided herein. [L 1959, c 264, pt of §3; Supp, §88A-12; HRS §373-12; am L 1980, c 302, pt of §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373. Commercial Employment Agencies › 373-13 Director's rights.

§373-13 Director's rights.
The director and the director's authorized representatives may enter any office, building, premises, or other place in which an employment agency is operated for the purpose of making investigations for the proper enforcement of this chapter and such rules and regulations as the director may prescribe. No person shall refuse the director or the director's authorized representative admittance to any such office, building, premises, or other place. The director and the director's authorized representatives shall for the purpose of examination have access to and the right to copy any book, account, receipt, contract, or other paper or document relating to the business of conducting an employment agency. Every person shall furnish to the director or the director's authorized representative such information relating to the business of conducting an employment agency. The rights as specified above shall be limited to regular business hours and at such other times as the director feels will be necessary to effectuate the purpose of this chapter. [L 1959, c 264, pt of §3; am L Sp 1959 2d, c 1, §27; Supp, §88A-13; HRS §373-13; am L 1980, c 302, pt of §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373. Commercial Employment Agencies › 373-13.5 Requirements to maintain license.

§373-13.5 Requirements to maintain license.
(a) Every employment agency that collects fees from applicants shall have and maintain in full force and effect a bond as required under section 373-4. Failure, refusal, or neglect to maintain a bond in full force and effect shall cause the automatic forfeiture of the license effective as of the date of expiration or cancellation of the bond. The license shall not be restored until a bond as required under section 373-4 is received by the director.
(b) Failure to effect a restoration of a forfeited license within sixty days of the forfeiture shall cause the license to remain forfeited. No fees paid shall be refundable. A licensee who fails to restore a license as provided in this section shall apply and pay fees as a new applicant.
(c) The director may assess a fee not to exceed $200 as a condition for the restoration of a license forfeited pursuant to this section.
(d) A licensee, within fifteen calendar days after receipt of notification of the license forfeiture, may request an administrative hearing pursuant to chapter 91 to review the forfeiture.
(e) Every employment agency shall have in its employ a principal agent who is currently licensed under this chapter. The principal agent shall be responsible for the direct management of the employment agency, all business transactions of the employment agency, and all actions by the employees of the employment agency.
(f) No employment agency shall be deemed to have violated any provision of this chapter by acting or assuming to act as an employment agency after the death or dissociation of the principal agent responsible for managing the employment agency; provided that within sixty days from the date of the death or dissociation of the principal agent, the employment agency employs another licensed principal agent or employs an individual who has filed an application for a principal agent license. [L 1985, c 135, §7; am L 2002, c 22, §9]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373. Commercial Employment Agencies › 373-14 Revocation, suspension, and fines.

§373-14 Revocation, suspension, and fines.
In addition to any other actions authorized by law, after affording all interested parties reasonable opportunity for a fair hearing, the director may revoke or suspend any license, or impose a fine not to exceed $1,000 per violation, for cause. In addition to any other grounds for disciplinary action authorized by law, "cause" means violation of this chapter or a rule of the director. [L 1959, c 264, pt of §3; am L Sp 1959 2d, c 1, §27; Supp, §88A-14; HRS §373-14; am L 1980, c 302, pt of §2; am L 1992, c 202, §3; am L 2002, c 22, §10]
Cross References
Hearings, see chapter 91.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373. Commercial Employment Agencies › 373-14.3 Hearings.

§373-14.3 Hearings.
In all proceedings, the director or hearings officer duly appointed by the director shall have the same powers respecting administering oaths, compelling the attendance of witnesses, producing documentary evidence, and examining witnesses as are possessed by circuit courts. In case of disobedience by any person of any order or subpoena issued by the director or hearings officer, or the refusal of any witness to testify to any matter regarding which the witness may be questioned lawfully, any circuit judge, on application by the director or hearings officer, 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 1983, c 84, pt of §1(1); am L 1992, c 202, §4]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373. Commercial Employment Agencies › 373-19 Powers and duties.

§373-19 Powers and duties.
In addition to any other powers and duties authorized by law, the director may adopt, amend, or repeal such rules as the director may deem proper to fully effectuate this chapter and may delegate to the executive officer or other designee any powers or duties the director deems reasonable and proper. [L 1959, c 264, pt of §3; am L Sp 1959 2d, c 1, §27; Supp, §88A-19; HRS §373-19; am L 1980, c 302, pt of §2; am L 1983, c 84, §1(5); am L 1992, c 202, §5; am L 2002, c 22, §11]
Cross References
Rules, see chapter 91 and §371-7.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373. Commercial Employment Agencies › 373-20 Penalties.

§373-20 Penalties.
Any employment agency which violates this chapter is punishable upon conviction by a fine of not more than $1,000, or imprisonment for not more than six months, or both. [L 1959, c 264, pt of §3; Supp, §88A-20; HRS §373-20]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373. Commercial Employment Agencies › 373-21 Exemption of vocational rehabilitation services.

§373-21 Exemption of vocational rehabilitation services.
Providers of vocational rehabilitation services for injured workers covered by approved worker compensation plans under section 386-25 shall not be considered employment agencies under this section; provided that the providers confine their services to those specified under section 386-25 and do not hold themselves out to the public as employment agencies under this chapter. [L 1985, c 135, §8]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373C. Occupational and Career Information › 373C-1 Findings

§373C-1 Findings
. The legislature finds that there is a need to coordinate the efforts of a variety of employment-related agencies, programs, and activities, for the purpose of strengthening employment, training, and educational planning and delivery of services. Promoting this coordination can be achieved best through the development of an occupational and career information planning base. A Hawaii occupational information system could meet the common needs of vocational education programs and employment and training programs if it contained data on occupational demand and supply based on uniform definitions, standardized estimating procedures, and common classification codes. This occupational information must be geared to the career decision-making process of youth, as well as to the administrative needs of educational and training planning. The delivery of career information is needed to improve the match of youth career desires with available and anticipated labor demand. [L 1983, c 193, pt of §1; am L 2001, c 171, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373C. Occupational and Career Information › 373C-2 Purpose

§373C-2 Purpose
. It is the purpose of this chapter to provide for the development and delivery of occupational and career information on a statewide basis. This information is to be used for the purpose of employment, training, educational, and career planning with a special view toward improving the relationship of current and projected supply and demand in the Hawaii workforce. It is also the purpose of this chapter to provide for the means to develop and deliver occupational and career information through an overall Hawaii occupational information system composed of a career information delivery system and an occupational employment planning system. Additionally, coordination is to be provided for in the development, dissemination, and application of occupational and career information for the purposes of occupational, educational, employment, and training planning and for the delivery and use of career information in educational and occupational decision-making by youth, trainees, and job seekers. [L 1983, c 193, pt of §1; am L 2001, c 171, §2]