reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-3 Registration required.

§443B-3 Registration required.
(a) No collection agency shall collect or attempt to collect any money or any other forms of indebtedness alleged to be due and owing from any person who resides or does business in this State without first registering under this chapter.
(b) Registration shall include:
(1) Submission of a complete application for registration;
(2) Submission of a certificate of good standing or a certificate of authority from the business registration division;
(3) Payment of appropriate fees;
(4) Filing and maintenance of a bond in the amount prescribed in section 443B-5;
(5) Maintenance of a regular active business office in the State; and
(6) Designation of a principal collector, as prescribed in section 443B-6.
(c) Any collection agency which has filed a bond with the director and maintained that bond in full force and effect, and which has not filed an application and paid the registration fee within ninety days of June 6, 1987, shall submit an application in the same manner as a new applicant subject to the provisions of sections 443B-4 and 443B-6. L 1987, c 191, pt of §1; am L 1990, c 246, §5; am L 1996, c 13, §12
Case Notes
Although plaintiffs were "consumers" within the meaning of § §480-1 and 480-13, plaintiffs' payment of their Hawaii medical services association (HMSA) lien to the Kentucky-based company that contracted with HMSA to provide subrogation and "claims recovery services", but which had violated this section, did not constitute an injury for which plaintiffs could bring suit under §480-13(b). 117 H. 153, 177 P.3d 341 (2008).
Kentucky-based company that contracted with the Hawaii medical services association (HMSA) to provide subrogation and "claims recovery services" was a "collection agency" within the meaning of §443B-1, and subject to the registration requirements of this section, where company was collecting "claims" that HMSA had against plaintiffs--money that company alleged was "due and owing". 117 H. 153, 177 P.3d 341 (2008).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-4 Application for registration.

§443B-4 Application for registration.
The director shall prescribe the form of the application for registration. Each application shall be accompanied by the appropriate fees and the bond or bonds required by section 443B-5. [L 1987, c 191, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-4.52 Notice of termination of business.

§443B-4.52 Notice of termination of business.
(a) Not less than sixty days before a collection agency terminates its business operations in the State, the registrant shall transmit a
statement to the director and to each of the agency's clients indicating:
(1) That the registrant intends to terminate business in this State;
(2) The effective date of the termination; and
(3) That prior to the termination, the registrant shall lawfully expend or disburse all funds acquired in the course of business.
(b) If the registrant intends to transfer its client accounts to another collection agency, the notification shall also include:
(1) The name, address, telephone number, and registration number of the purchasing agency, and the purchasing agency's principal collector in this State to whom the accounts will be assigned; and
(2) The date on which the purchasing agency intends to begin servicing the accounts transferred by the terminating agency.
(c) Registration is not canceled until the director has received the notice of termination, the terminating collection agency's registration, and if applicable, verified the validity of the purchasing agency's registration. [L 1990, c 246, pt of §1; am L 1997, c 40, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-4.53 Termination of business and surrender of certificate of registration. Within ten days after termination of the business, the registrant shall surrender the certificate of registration to the director. [L 1990, c 246, pt of §1]

§443B-4.53
Termination of business and surrender of certificate of registration.
Within ten days after termination of the business, the registrant shall surrender the certificate of registration to the director. [L 1990, c 246, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-4.54 Notification of change. Every collection agency shall notify the director in writing of any material change at any time during the application process or the period of registration. [L 1990, c 246, pt of §1]

§443B-4.54
Notification of change.
Every collection agency shall notify the director in writing of any material change at any time during the application process or the period of registration. [L 1990, c 246, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-4.55 Single act; evidence of practice. Evidence that a collection agency has committed any act which is prohibited by this chapter shall be sufficient to justify the remedies set forth in this chapter, without proof of a general course of conduct. [L 1990, c 246, pt of §1]

§443B-4.55
Single act; evidence of practice.
Evidence that a collection agency has committed any act which is prohibited by this chapter shall be sufficient to justify the remedies set forth in this chapter, without proof of a general course of conduct. [L 1990, c 246, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-4.56 Transfer of registration. No registration, including the rights, privileges, and obligations thereof, shall be assigned, sold, leased, encumbered, or otherwise transferred, voluntarily or involuntarily, directly or indirectly, including by transfer of control of any collection agency, whether by change in ownership or otherwise, except upon written application to and approval by the director. The form of the application shall be prescribed by the director. [L 1990, c 246, pt of §1]

§443B-4.56
Transfer of registration.
No registration, including the rights, privileges, and obligations thereof, shall be assigned, sold, leased, encumbered, or otherwise transferred, voluntarily or involuntarily, directly or indirectly, including by transfer of control of any collection agency, whether by change in ownership or otherwise, except upon written application to and approval by the director. The form of the application shall be prescribed by the director. [L 1990, c 246, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-4.57 Fine, revocation, suspension, termination, denial of registration, renewal of registration, or restoration of registration.

§443B-4.57 Fine, revocation, suspension, termination, denial of registration, renewal of registration, or restoration of registration.
In addition to any other actions authorized by law, the director may fine any agency, revoke or terminate any registration, suspend the right of the registrant to use the registration, or refuse to renew or restore a registration for any cause authorized by law, including but not limited to the following:
(1) Dishonesty, deceit, fraud, or gross negligence in conducting business as a collection agency;
(2) Advertising by means of false and deceptive statements or by statements which tend to deceive or defraud;
(3) Advertising or acting as a collection agency without a current and active certificate of registration issued under this chapter;
(4) Violation of any provision of this chapter or the rules adopted pursuant thereto;
(5) Commingling of clients' funds or other property;
(6) Breach of fiduciary duty;
(7) Failure to notify the director in writing of any material change in information; and
(8) Providing false or misleading information at the time of application or during the time of registration. [L 1990, c 246, pt of §1; am L 1992, c 202, §60]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-4.58 Biennial renewal requirement.

§443B-4.58 Biennial renewal requirement.
(a) Each collection agency shall renew its registration by June 30 of each even-numbered year.
(b) When renewing its registration, an agency shall submit to the director the following:
(1) An application on a form prescribed by the director;
(2) Satisfactory evidence that the collection agency is bonded as required by section 443B-5;
(3) A certificate of good standing or a certificate of authority issued by the business registration division, if the applicant is a corporation, partnership, or joint venture;
(4) The name and business address of the applicant's principal collector who is authorized to directly manage and control the daily operations of the applicant's Hawaii office; and
(5) A renewal fee in the amount specified by rule.
(c) Failure on the part of a collection agency to renew its registration as provided in subsection (a) shall cause the registration to be forfeited; provided that the director may make an exception for good cause shown. [L 1990, c 246, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-4.59 Restoration of forfeited registration.

§443B-4.59 Restoration of forfeited registration.
(a) A forfeited registration may be restored by submitting an application provided by the director and by paying a delinquent renewal fee and a restoration fee in the amount specified by rule.
(b) Failure to restore a forfeited registration within sixty days of forfeiture shall cause the registration to be terminated.
(c) The director may extend the sixty-day limitation for good cause shown.
(d) Upon termination of registration, the collection agency shall cease to do business. [L 1990, c 246, pt of §1; am L 1992, c 202, §61]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-4.60 Collecting without a registration. Any collection agency whose registration has been terminated but continues to conduct business as a collection agency shall be engaging in an unregistered activity, and any agency so engaged, and any employee or agent of the agency who engages in an unregistered activity, shall be subject to the sanctions provided in this chapter. Nothing in this chapter shall be deemed to limit or prohibit other available civil or criminal actions against an agency engaged in an unregistered activity or any employee or agent of the agency engaged in an unregistered activity. [L 1990, c 246, pt of §1]

§443B-4.60
Collecting without a registration.
Any collection agency whose registration has been terminated but continues to conduct business as a collection agency shall be engaging in an unregistered activity, and any agency so engaged, and any employee or agent of the agency who engages in an unregistered activity, shall be subject to the sanctions provided in this chapter. Nothing in this chapter shall be deemed to limit or prohibit other available civil or criminal actions against an agency engaged in an unregistered activity or any employee or agent of the agency engaged in an unregistered activity. [L 1990, c 246, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-4.62 Audits.

§443B-4.62 Audits.
(a) When the director has reasonable cause to believe that a registrant created deficiencies or other problems in accounts which hold funds or other forms of payment collected on behalf of a complainant, the director may order an audit of the account or accounts, or an unannounced verification of the account's cash balance. The audit or verification shall be conducted by a certified public accountant, public accountant, or other designee of the director.
(b) If an audit or unannounced verification of an account ordered by the director reveals deficiencies or other problems in accounts which hold client funds and other forms of payment, the cost of the audit or the verification shall be paid by the collection agency. If an audit or unannounced verification of an account ordered by the director does not reveal deficiencies and problems in accounts, the cost of the audit or unannounced verification shall be paid by the complainant. Failure of a collection agency to pay for an audit or unannounced verification within thirty days of receipt of the billing statement shall result in suspension of the agency's registration until payment is made. [L 1990, c 246, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-4.63 Furnishing deceptive forms. It is unlawful for any person who is not a registered collection agency to design, compile, or furnish any form knowing that the form could be used to create a belief in a debtor that the person who designed, compiled or furnished the form is a collection agency. [L 1990, c 246, pt of §1]

§443B-4.63
Furnishing deceptive forms.
It is unlawful for any person who is not a registered collection agency to design, compile, or furnish any form knowing that the form could be used to create a belief in a debtor that the person who designed, compiled or furnished the form is a collection agency. [L 1990, c 246, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-5 Bond.

§443B-5 Bond.
(a) Each collection agency shall file and maintain with the director a bond in the penal sum of $25,000 for the first office in this State and $15,000 for each additional office in this State.
(b) All bonds required by this section shall be issued by a surety company authorized to do business in the State, and shall run to the State. The bond shall be conditioned that the collection agency faithfully, promptly, and truly shall account and pay within thirty days after the calendar month, to its clients the net proceeds due on all collections made during the calendar month. The bond shall be conditioned further that the collection agency will comply with all requirements of this chapter or any other statute now in force or hereafter enacted with respect to the duties, conduct, obligations, and liabilities of collection agencies.
(c) In addition to any other remedy, the director or any person claiming to have sustained damage by reason of any breach of the conditions of the bond may bring action on the bond for the recovery of any damages sustained therefrom. The liability of the surety shall not exceed the amount of the bond issued to the collection agency for which the bond was issued.
(d) The bond shall be continuous in form and remain in full force and effect unless terminated or canceled by the surety. Termination or cancellation shall not be effective, unless notice thereof is delivered by the surety to the director and the collection agency at least sixty days prior to the date of termination or cancellation.
(e) Failure, refusal, or neglect of a collection agency to maintain in full force and effect a bond as required by this section shall cause the automatic suspension of the registration of the collection agency effective as of the date of expiration, termination, or cancellation of the bond. The director shall not reinstate the affected registration until satisfactory proof of bond coverage is submitted to the director as required by this section. Failure to effect a reinstatement of a suspended registration within sixty days of the expiration of the requirements of registration shall cause it to be forfeited, thereby forfeiting all registration and biennial renewal fees. A collection agency, within fifteen days after receipt of the notification of the registration forfeiture, may request an administrative hearing to review the forfeiture pursuant to chapter 91.
(f) Upon expiration, termination, or cancellation of the bond, the collection agency shall cease to do business as a collection agency in this State and the collection agency shall not resume business in this State until a bond as required in subsection (a) is submitted to the director. [L 1987, c 191, pt of §1; am L 1990, c 246, § §6, 7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-6 Place of business; principal collector.

§443B-6 Place of business; principal collector.
(a) A collection agency shall have and maintain a regular active business office in the State for the purpose of conducting collection agency business. The business office shall be open to the public during stated reasonable business hours.
(b) Every collection agency shall designate a principal collector to assume responsibility for the direct management and control of the daily operation of the office. [L 1987, c 191, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-8 Manner in which records, funds, and other forms of indebtedness are to be kept by collection agencies.

§443B-8 Manner in which records, funds, and other forms of indebtedness are to be kept by collection agencies.
(a) Every collection agency shall keep and maintain a permanent record or have immediate access to copies of the permanent record of all funds and other forms of indebtedness collected by it, and of all disbursements. Every collection agency shall maintain and keep a record of all clients' funds or have immediate access to copies of the record. No person wilfully shall make any false entry in any collection agency record, or intentionally mutilate, destroy, conceal, or in any way dispose of any record.
(b) A collection agency shall not commingle the money of its clients with its own, but shall maintain a separate trust account for clients' funds in a federally insured financial institution. [L 1987, c 191, pt of §1; am L 1990, c 246, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-9 Collection, attorney's, or commission fees; exception.

§443B-9 Collection, attorney's, or commission fees; exception.
(a) A collection agency shall not collect, or attempt to collect, any collection fee or attorney's fee or commission from any debtor; provided that an attorney's fee or commission may be collected after filing of a suit against any debtor and the fee or commission shall not be in excess of twenty-five per cent of the unpaid principal balance. All attorney's fees or commissions collected by a collection agency shall be remitted to the attorney and no portion of the collection shall be retained by the collection agency.
(b) This section shall not prohibit a collection agency from collecting, or attempting to collect, from a debtor, a commission authorized under a contract with the University of Hawaii, a contract with the department of taxation pursuant to sections 231-13 and 231-26, or a contract with the executive office on early learning. [L 1987, c 191, pt of §1; am L 1996, c 280, §2; am L 1999, c 68, §3; am L 2002, c 213, §3; am L 2021, c 210, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-10 Reports and payments by agency.

§443B-10 Reports and payments by agency.
Every collection agency shall, within thirty days after the close of each calendar month, report and pay to its clients the net amount due to each client out of all collections made during the preceding calendar month.
In the event the gross amount due is paid to a client and the client fails to pay a collection agency any sums due under this section, the collection agency shall have, in addition to other remedies provided by law, the right to offset any moneys due the collection agency under this section against any moneys due its client. [L 1987, c 191, pt of §1; am L 1990, c 246, §10]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-10.5 Fiduciary responsibility. Each collection agency shall be considered a fiduciary with respect to its clients and shall keep and disburse funds collected on its client's behalf in strict compliance with any agreement made with a client and with all applicable laws. [L 1990, c 246, pt of §1]

§443B-10.5
Fiduciary responsibility.
Each collection agency shall be considered a fiduciary with respect to its clients and shall keep and disburse funds collected on its client's behalf in strict compliance with any agreement made with a client and with all applicable laws. [L 1990, c 246, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-11 Action on collection agency bond.

§443B-11 Action on collection agency bond.
If a collection agency has failed to account for and pay over the proceeds of any collection made, the client shall have, in addition to all other legal remedies, a right of action in the client's own name on the bond given pursuant to this chapter and the total of all recoveries from the sureties shall not exceed the face of the bond. Upon entering judgment for plaintiff in any action on the bond required by this chapter, for more than any sum which may have been tendered in court by the defendant, the court shall include in the judgment reasonable compensation for the services of plaintiff's attorney in the action. [L 1987, c 191, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-14 Penalties.

§443B-14 Penalties.
Any violation of this chapter is punishable by a fine of not more than $5,000 per violation. Any officer, agent, or employee of a collection agency who personally participates in any violation of this chapter by the collection agency shall be subject to penalties prescribed in this section. [L 1987, c 191, pt of §1; am L 2012, c 52, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-15 Threats or coercion.

§443B-15 Threats or coercion.
No collection agency shall collect or attempt to collect any money or other forms of indebtedness alleged to be due and owing by means of any threat, coercion, or attempt to coerce, including any conduct which is described as follows:
(1) The use, or express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property of any person;
(2) The accusation or threat to falsely accuse any person of fraud or any crime or any conduct which, if true, would tend to disgrace the other person or in any way subject a person to ridicule or any conduct which, if true, would tend to disgrace the other person or in any way subject a person to the ridicule or contempt of society;
(3) False accusations made to another person, including any credit reporting agency that a debtor or an alleged debtor has not paid a just debt, or threat to so make false accusations;
(4) The threat to sell or assign to another the obligation of a debtor or an alleged debtor with an attending representation or implication that the result of the sale or assignment would be that the debtor or alleged debtor would lose any defense to the claim or would be subjected to harsh, vindictive, or abusive collection attempts; and
(5) The threat that nonpayment of an alleged claim will result in the arrest of any person. [L 1987, c 191, pt of §1; am L 1990, c 246, §11]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-16 Harassment and abuse.

§443B-16 Harassment and abuse.
No collection agency shall oppress, harass, or abuse any person in connection with the collection of or attempt to collect any claim alleged to be due and owing by that person or another in any of the following ways:
(1) The use of profane or obscene language that is intended to abuse the hearer or reader;
(2) The placement of telephone calls without disclosure of the caller's identity or with the intent to harass, or threaten any person at the called number; and
(3) Causing expense to any person in the form of long distance telephone tolls, telegram fees, or other charge incurred by a medium of communication, by concealment of the true purpose of the notice, letter, message, or communication. [L 1987, c 191, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-17 Unreasonable publication.

§443B-17 Unreasonable publication.
No collection agency shall unreasonably publicize information relating to any alleged indebtedness or debtor, in any of the following ways:
(1) The disclosure, publication, or communication of any false information relating to the indebtedness of a debtor or alleged debtor to any employer or the employer's agent;
(2) The disclosure, publication, or communication of false information relating to the indebtedness of a debtor or alleged debtor to any relative or family member of the debtor or alleged debtor;
(3) The disclosure, publication, or communication of any information by a collection agency relating to the indebtedness of a debtor or alleged debtor by publishing or posting any list of debtors, except for the publication of "stop lists" to point-of-sale locations where credit is extended, or by advertising for sale any claim to enforce payment thereof or in any other manner other than through proper legal action, process, or proceeding; and
(4) The use of any form of communication by a collection agency to the debtor or alleged debtor, which ordinarily may be seen by any other person, that displays or conveys any information about the alleged claim other than the name, address, and phone number of the collection agency. [L 1987, c 191, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-18 Fraudulent, deceptive, or misleading representations.

§443B-18 Fraudulent, deceptive, or misleading representations.
No collection agency shall use any fraudulent, deceptive, or misleading representation or means to collect, or attempt to collect, claims or to obtain information concerning a debtor or alleged debtor, including any conduct which is described as follows:
(1) The use of any company name while engaged in the collection of claims other than the true name of the collection agency;
(2) The failure to disclose clearly:
(A) In the initial written and initial oral communication made to collect, or attempt to collect, a claim or to obtain, or attempt to obtain, information about a debtor or alleged debtor that the collection agency is attempting to collect a claim and that any information obtained will be used for that purpose; and
(B) In subsequent communications that the communication is from a debt collector;
provided that this paragraph shall not apply to a formal pleading made in connection with a legal action;
(3) Any false representation that the collection agency has in its possession information or something of value for the debtor or alleged debtor that is made to solicit or discover information about the debtor or alleged debtor;
(4) The failure to disclose clearly the name and full business address of the person to whom the claim has been assigned for collection or to whom the claim is owed at the time of making any demand for money;
(5) Any false representation or implication of the character, extent, or amount of a claim against a debtor or alleged debtor, or of its status in any legal proceeding;
(6) Any false representation or false impression that any collection agency is vouched for, bonded by, affiliated with, or an instrumentality, agent, or official of, this State or any agency of federal, state, or local government;
(7) The use or distribution or sale of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by a court, an official, or any other legally constituted or authorized authority, or which creates a false impression about its source, authorization, or approval;
(8) Any representation that an existing obligation of the debtor or alleged debtor may be increased by the addition of attorney's fees, investigation fees, service fees, and any other fees or charges when in fact the fees or charges may not legally be added to the existing obligations; or
(9) Any false representation or false impression about the status or true nature of, or the services rendered by, the collection agency or its business. [L 1987, c 191, pt of §1; am L 2001, c 25, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-19 Unfair or unconscionable means.

§443B-19 Unfair or unconscionable means.
No collection agency shall use unfair or unconscionable means to collect or attempt to collect any claim in any of the following ways:
(1) The seeking or obtaining of any written statement or acknowledgment in any form that a debtor or alleged debtor's obligation is one incurred for necessities of life where the original obligation was not in fact incurred for these necessities;
(2) The seeking or obtaining of any written statement or acknowledgment in any form containing an affirmation of any obligation by a debtor or alleged debtor who has been declared bankrupt, without clearly disclosing the nature and consequences of the affirmation and the fact that the debtor or alleged debtor is not legally obligated to make the affirmation;
(3) The collection of or the attempt to collect from a debtor or alleged debtor all or any part of the collection agency's fees or charges for services rendered;
(4) The collection of or the attempt to collect any interest or other charge, fee, or expense incidental to the principal obligation unless the interest or incidental fee, charge, or expense is expressly authorized by the agreement creating the obligation and legally chargeable to the debtor or alleged debtor; or unless the interest or incidental fee, charge, or expense is expressly authorized by law; and
(5) Any communication with a debtor or alleged debtor whenever it appears that the debtor or alleged debtor is represented by an attorney and the attorney's name and address are known. [L 1987, c 191, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-20 Unfair competition, unfair or deceptive acts or practices.

§443B-20 Unfair competition, unfair or deceptive acts or practices.
A violation of this chapter by a collection agency shall constitute unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce for the purpose of section 480-2. [L 1987, c 191, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 443B. Collection Agencies › 443B-21 Severability.

§443B-21
Severability.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect the other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [L 1990, c 246, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-3 Contractors license board.

§444-3 Contractors license board.
(a) There shall be a contractors license board of thirteen members.
(b) Of the board members:
(1) Ten shall be contractors who have been actively engaged in the contracting business for a period of not less than five years preceding the date of their appointment;
(2) Five shall be general engineering or building contractors, five shall be specialty contractors, and three shall be noncontractors. No member shall receive any compensation for the member's services, but each shall be reimbursed for necessary traveling expenses incurred in the performance of duties.
(c) Each county shall be represented on the board.
(d) No one, except the three noncontractor members, shall be eligible for appointment who does not at the time of the member's appointment hold a valid and unexpired license to operate as a contractor. [L 1957, c 305, §1(s 3); am L Sp 1959 2d, c 1, § §5, 6, 15; am L 1963, c 114, §3; am L 1965, c 279, §1; Supp, §166A-3; HRS §444-3; am L 1982, c 204, §8; am L 1983, c 124, §17 and c 275, §1; am L 1992, c 202, §63; am L 1993, c 322, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-5 Other assistants.

§444-5 Other assistants.
Subject to chapter 76 the department may employ and remove such administrative and clerical assistants as the contractors license board may require. [L 1957, c 305, §1 (pt of §4); am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; Supp, pt of §166A-4; am L 1967, c 85, §3; HRS §444-5; am L 1974, c 112, §1(4); am L 1982, c 204, §8; gen ch 1985; am L 1992, c 202, §65; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-7 Classification.

§444-7 Classification.
(a) For the purpose of classification, the contracting business includes any or all of the following branches:
(1) General engineering contracting;
(2) General building contracting;
(3) Specialty contracting.
(b) A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works requiring specialized engineering knowledge and skill, including the following divisions or subjects: irrigation, drainage, water power, water supply, flood control, inland waterways, harbors, docks and wharves, shipyards and ports, dams and hydroelectric projects, levees, river control and reclamation works, railroads, highways, streets and roads, tunnels, airports and airways, sewers and sewage disposal plants and systems, waste reduction plants, bridges, overpasses, underpasses and other similar works, pipelines and other systems for the transmission of petroleum and other liquid or gaseous substances, parks, playgrounds and other recreational works, refineries, chemical plants and similar industrial plants requiring specialized engineering knowledge and skill, powerhouses, power plants and other utility plants and installations, mines and metallurgical plants, land levelling and earth-moving projects, excavating, grading, trenching, paving and surfacing work and cement and concrete works in connection with the above mentioned fixed works.
(c) A general building contractor is a contractor whose principal contracting business is in connection with any structure built, being built, or to be built, for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind, requiring in its construction the use of more than two unrelated building trades or crafts, or to do or superintend the whole or any part thereof.
(d) A specialty contractor is a contractor whose operations as such are the performance of construction work requiring special skill such as, but not limited to, electrical, drywall, painting and decorating, landscaping, flooring, carpet laying by any installation method, plumbing, or roofing work, and others whose principal contracting business involves the use of specialized building trades or crafts. [L 1957, c 305, §1(s 6); Supp, §166A-6; HRS §444-7; am L 1989, c 162, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-8 Powers to classify and limit operations.

§444-8 Powers to classify and limit operations.
(a) The contractors license board may adopt rules and regulations necessary to effect the classification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which the contractor is classified and qualified to engage, as defined in section 444-7.
(b) A licensee may make application for classification and be classified in more than one classification if the licensee meets the qualifications prescribed by the board for such additional classification or classifications. For qualifying or classifying in additional classifications, the licensee shall pay the appropriate application fee but shall not be required to pay any additional license fee.
(c) This section shall not prohibit a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which the specialty contractor is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed. [L 1957, c 305, §1(s 7); am L 1965, c 241, §1; Supp, §166A-7; HRS §444-8; gen ch 1985]
Cross References
Rulemaking, see chapter 91.
Case Notes
Classifications; consistency with established usage and procedure and the public safety as provided in §444-4(2). 51 H. 673, 466 P.2d 1009 (1970).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-9 Licenses required.

§444-9 Licenses required.
No person within the purview of this chapter shall act, or assume to act, or advertise, as general engineering contractor, general building contractor, or specialty contractor without a license previously obtained under and in compliance with this chapter and the rules and regulations of the contractors license board. [L 1957, c 305, §1(s 8); Supp, §166A-8; HRS §444-9]
Case Notes
Pursuant to this section, a general engineering or building contractor is prohibited from doing any work that would require it to act as a specialty contractor in an area the general contractor was not licensed to operate; where project required plumbing work classified as C-37 specialty work, general contractor, which did not hold a C-37 specialty license, could not do work in that area; court thus erred in holding that project did not require work in the C-37 classification and that general contractor did not have to engage a specialty contractor holding a C-37 specialty license. 97 H. 450, 40 P.3d 73 (2002).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-9.2 Advertising.

§444-9.2 Advertising.
(a) It is a misdemeanor for any person, including a person who is exempt by section 444-2 from this chapter, to advertise with or without any limiting qualifications as a contractor unless such 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, the issuance of any card, sign, or device to any person; the causing, permitting, or allowing of any sign or marking on or in any building, vehicle or structure; or advertising in any newspaper or magazine; any listing or advertising in any directory under a classification or heading that includes the word "contractor"; or commercials broadcast by airwave transmission.
(b) A contractor may advertise in print or broadcast medium, as defined in subsection (a) only if the contractor includes in the advertisement or listing the contractor'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 contractor who does not comply with the provisions of this subsection. A publisher or producer who obtains a signed statement from the contractor which states that the contractor has read the text of the advertisement or listing, has an applicable and current contractors license for the goods and services advertised, has included all applicable and current license numbers in the advertisement or listing, and is aware of civil and criminal penalties for advertising as a contractor 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 contractors license board pursuant to chapter 91 or a judgment by a court of competent jurisdiction finding that a contractor has advertised in violation of either section 444-9 or 444-9.2(a), the public utility furnishing telephone service to the contractor 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 1974, c 112, pt of §1(1); am L 1984, c 132, §1; am L 1988, c 247, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-9.3 Aiding or abetting.

§444-9.3 Aiding or abetting.
Aiding or abetting an unlicensed person to evade this chapter or knowingly combining or conspiring with an unlicensed person, or allowing one's license to be used by an unlicensed person, or acting as agent or partner or associate, or otherwise, of an unlicensed person, with the intent to evade this chapter, shall be a misdemeanor and may subject the licensee to additional discipline by the board. [L 1974, c 112, pt of §1(1); am L 2014, c 29, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-9.5 Performance of electrical and plumbing work; licensing of electrical and plumbing workers

§444-9.5 Performance of electrical and plumbing work; licensing of electrical and plumbing workers
. (a) A person licensed as an electrical or plumbing contractor under this chapter may enter into contracts to perform electrical or plumbing work, respectively; provided that:
(1) If the contractor's responsible managing employee, which includes a sole proprietor, is not licensed in accordance with chapter 448E, the contractor shall employ individuals licensed in accordance with chapter 448E to actually perform the electrical or plumbing work, respectively, subject to this section; and
(2) Employees of a community antennae television company and employees of a public utility within the State that is franchised or chartered by the State and regulated by the public utilities commission shall be exempt from this section while so employed and acting within the scope of their employment.
(b) At least half of all individuals performing electrical or plumbing work employed on a construction job site by an electrical or plumbing contractor shall be licensed in accordance with chapter 448E. The board may waive this requirement in any county when there are insufficient licensed electrical or plumbing workers in that county to comply with this section.
(c) All individuals employed on a construction job site by an electrical or plumbing contractor who are licensed in accordance with chapter 448E shall visibly display their license on their person while on the construction job site. Only individuals displaying their license at the time of a site inspection shall be counted as a licensee to determine compliance with this section. [L 1971, c 183, §2; gen ch 1985; am L 2006, c 274, §2; am L 2010, c 28, §2; am L 2017, c 173, §2]
Note
Applicability of L 2017, c 173. L 2017, c 173, §3.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-10.6 State of emergency or disaster; emergency licensure; penalties.

§444-10.6 State of emergency or disaster; emergency licensure; penalties.
(a) Notwithstanding any other provision of law to the contrary, the board may issue emergency contractor's licenses during a state of emergency or disaster duly declared by the governor under chapter 209 upon a determination by the board that a shortage of Hawaii licensed contractors exists.
(b) To qualify for an emergency contractor's license, an applicant shall:
(1) Provide proof of licensure as a contractor in another state with similar contractor licensing requirements as those in this State, that the license is current, and that it has been in good standing for the past two years;
(2) Provide proof of liability and property damage insurance, obtained through an insurer authorized to do business in this State or other insurer acceptable to the board;
(3) Submit proof of workers' compensation insurance as specified in the board's rules;
(4) Submit a current financial statement prepared by a certified public accountant and applicable credit reports as specified in the board's rules;
(5) Pay all applicable application and license fees, including recovery fund and education fund fees;
(6) Submit a state tax clearance statement; and
(7) Provide proof of bond in the amount and in such form as set forth in section 444-16.5.
(c) The classifications of emergency contractor's licenses issued and the duration of the emergency contractor's licenses shall be determined by the board based on the nature and duration of the state of emergency or disaster, and the needs and best interests of the public.
(d) The board may delegate the issuance of emergency contractor's licenses to its administrative staff; provided that the applicant shall be required to meet all of the requirements specified in this section before the issuance of the license.
(e) Any person who violates section 444-9, in connection with the offer or performance of repairs to a residential or nonresidential structure for damage caused by a natural disaster in a political subdivision for which a state of emergency or disaster is proclaimed by the governor, may be punished by a fine of up to $10,000, imprisonment up to one year, or both, in addition to all other remedies or penalties. [L 1996, c 172, pt of §2; am L 2007, c 81, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-10.7 Enhanced penalties when elderly persons are targeted.

§444-10.7 Enhanced penalties when elderly persons are targeted.
If any person is found to have violated section 444-9 and the violation is committed against elderly persons, in addition to any other penalty set forth or imposed, the court may impose a fine of up to $20,000, or imprisonment up to one year, or both. As used in this section, "elderly person" means a person who is sixty-five years of age or older.
[L 1996, c 172, pt of §2; am L 2014, c 32, §1]
Cross References
Some other actions or penalties for violations committed against elders, see § §28-94, 412:3-114.5, 480-13, 480-13.5, 485A-603.5, 485A-604.5, and 487-14.