reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-11 No license issued when.

§444-11 No license issued when.
(a) No license hereunder shall be issued to:
(1) Any person unless the person has filed an application and paid the applicable fees;
(2) Any person unless the person meets the experience requirements as prescribed in the board's rules; provided that the board may accept experience acquired on a self-employed or unlicensed basis if the experience can be verified;
(3) Any person who does not possess a history of honesty, truthfulness, financial integrity, and fair dealing; provided that any person who during the six years prior to application has failed to satisfy an undisputed debt or a judgment relating to services or materials rendered in connection with operations as a contractor shall be presumed not to possess a history of financial integrity;
(4) Any person unless the person has successfully passed a written examination as prescribed by the board;
(5) Any individual unless the individual is age eighteen years or more;
(6) Any joint venture which is not exempt under section 444-2(8) unless the contracting business thereof is under the direct management of a member or employee thereof, and unless the member or employee holds an appropriate license;
(7) Any individual who is unable to qualify as a contractor or any partnership or corporation, unless the contracting business of the individual, partnership, or corporation is under the direct management of an employee, partner, or officer thereof who holds an appropriate license;
(8) Any person unless the person submits satisfactory proof to the board that the person has obtained workers' compensation insurance, or has been authorized to act as a self-insurer under chapter 386 or is excluded from the requirements of chapter 386;
(9) Any person unless the person submits satisfactory proof to the board that the person has obtained liability insurance; or
(10) Any person unless the person submits a bond if required by the board under section 444-16.5.
(b) Any license issued hereunder shall not be renewed if the licensee no longer meets any of the foregoing qualifications.
(c) An application shall be considered abandoned if the application is not completed and the required documents or other information are not submitted to the board within two years from the last date the documents or information were requested. [L 1957, c 305, §1(s 10); Supp, §166A-10; HRS §444-11; am L 1969, c 56, §2 and c 163, §2; am L 1971, c 191, §1; am L 1972, c 2, §18; am L 1975, c 41, §1; am L 1983, c 201, §2; am L 1985, c 67, §1; gen ch 1985; am L 1986, c 319, §1; am L 1992, c 258, §3 and c 269, §3; am L 1995, c 20, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-11.1 Requirements to maintain license.

§444-11.1 Requirements to maintain license.
(a) A licensed contractor shall have and maintain in full force and effect the following:
(1) Workers' compensation insurance; unless the licensee is authorized to act as a self-insurer under chapter 386 or is excluded from the requirements of chapter 386;
(2) Liability insurance from an insurance company or agency for comprehensive personal injury and property damage liability; and
(3) Bond when required by the board, under section 444-16.5.
(b) Failure, refusal, or neglect of any licensed contractor to maintain in full force and effect, the applicable workers' compensation insurance, liability insurance, or bond shall cause the automatic forfeiture of the license of the contractor effective as of the date of expiration or cancellation of the contractor's workers' compensation insurance, liability insurance, or bond.
(c) The board shall not restore the forfeited license until satisfactory proof of continuous insurance and bond coverages is submitted to the board as required by this section.
(d) Failure to restore a license within sixty days after the date of forfeiture shall result in the forfeiture of all fees and shall require the person to apply as a new applicant.
(e) The board may assess a fee not to exceed $1,000, impose a bond, or restrict the license as a condition for the restoration of a license forfeited pursuant to this section.
(f) A licensee may, within sixty days after receipt of the notification of the forfeiture, request an administrative hearing to review the forfeiture pursuant to chapter 91. [L 1982, c 175, §1; am L 1995, c 20, §3]
Case Notes
No violation of public policy where plaintiff's insurance policy did not satisfy defendant general contractor's statutory coverage requirements pursuant to this section; this section regulates only the insurance coverage general contractors must maintain and not the coverage insurance companies must provide. 725 F. Supp. 2d 1219 (2010).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-12 Application; fees.

§444-12 Application; fees.
(a) Every applicant for a license under this chapter shall complete and file an application provided by the board and shall furnish any additional information bearing upon the issuance of the license as the board shall require. In the case of a partnership, joint venture, or corporation, any partner, member, or officer thereof may sign the application on behalf of the applicant.
(b) Every applicant who is required by the board to be examined shall pay, directly to the testing agency, an examination fee.
(c) These fees shall be as provided in rules adopted by the director pursuant to chapter 91. [L 1957, c 305, §1(s 11); am L 1965, c 241, §2; Supp, §166A-11; HRS §444-12; am L 1983, c 201, §3; am L 1985, c 160, §2; am L 1988, c 109, §1; am L 1992, c 202, §66; am L 1995, c 20, §4; am L 1997, c 40, §10]
Cross References
Modification of fee, see §92-28.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-13 Form for licenses.

§444-13 Form for licenses.
The form of every license shall be prescribed by the contractors license board and shall be issued in the name of the board. [L 1957, c 305, §1(s 12); Supp, §166A-12; HRS §444-13]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-14 Place of business and posting of license.

§444-14 Place of business and posting of license.
(a) A licensed contractor shall have, maintain, and operate from a definite place of business in the State and shall display therein his or her contractor's license.
(b) The licensed contractor shall report any change of address or telephone number to the contractors license board within ten business days from such change. [L 1957, c 305, §1(s 13); Supp, §166A-13; HRS §444-14; am L 1975, c 129, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-15 Fees; biennial renewals; inactive license.

§444-15 Fees; biennial renewals; inactive license.
(a) The biennial renewal fee or inactive license fee, and the recovery fund, education fund, and compliance resolution fund fees shall be paid to the board on or before September 30 of each even-numbered year. These fees shall be as provided in rules adopted by the director pursuant to chapter 91. Failure, neglect, or refusal of any licensee to pay these fees and to submit all documents required by the board on or before September 30 of each even-numbered year shall constitute a forfeiture of the licensee's license.
(b) Any forfeited license may be restored upon submittal of all required documents and fees, plus a penalty fee, within sixty days from September 30 of the even-numbered year.
(c) Upon written request of a licensee, the board may place that person's active license in an inactive status. The licensee, upon payment of the inactive license fee, may continue inactive for the biennial period. Failure, neglect, or refusal of any licensee in inactive status to pay the inactive license fee shall constitute a forfeiture of the license. The license may be reactivated at any time during the biennial period by making written request to the board and by fulfilling all the requirements, including the payment of the appropriate fees. While in an inactive status, a licensee shall not engage in contracting; a licensee who violates this prohibition shall be subject to discipline under this chapter and the board's rules.
(d) For purposes of this chapter, the dishonoring of any check upon first deposit shall constitute a failure to meet the fee requirements. [L 1957, c 305, §1(s 14); am L 1961, c 184, §2(a); am L 1965, c 241, §3; Supp, §166A-14; HRS §444-15; am L 1969, c 56, §3; am L 1975, c 118, §9; am L 1977, c 152, §1; am L 1980, c 30, §1; gen ch 1985; am L 1988, c 109, §2; am L 1992, c 202, §67; am L 1994, c 132, §1; am L 1995, c 20, §5; am L 1997, c 7, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-16 Action on applications.

§444-16 Action on applications.
Within one hundred and twenty days after the filing of a proper application for a license and the payment of the required fees, the board shall:
(1) Conduct an investigation of the applicant, and in that investigation may post pertinent information, including the name and address of the applicant and the names, addresses, and official capacities of any partnership, corporation, or other entity that the applicant is associated with; and
(2) Either issue a license to the applicant or notify the applicant in writing by registered mail of the board's decision not to grant the license and specifically notify the applicant of the applicant's right to submit a request for a contested case hearing pursuant to chapter 91 within sixty days of the board's decision. The hearing shall be conducted in accordance with chapter 91. [L 1957, c 305, §1(s 15); am L 1965, c 37, §1; Supp, §166A-15; HRS §444-16; am L 1973, c 116, §1; gen ch 1985; am L 1992, c 202, §68 and c 258, §4; am L 2021, c 230, §14]
Cross References
Mailing notice, see §1-28.
Case Notes
Where application for license was not acted upon within time specified, denial was defective. 51 H. 673, 466 P.2d 1009 (1970).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-16.5 Bond.

§444-16.5 Bond.
The contractors license board may require each licensee, applicant, individual or corporate, who is a specialty contractor to put up bond in the sum of not less than $5,000 executed by the licensee or applicant as principal and by a surety company authorized to do business in the State as surety.
The board may require each licensee, applicant, individual or corporate, who is a general contractor to put up a bond in the sum of not less than $5,000 executed by the licensee or applicant as principal and by a surety company authorized to do business in the State as surety.
The board, in exercising its discretion, shall take into consideration the licensee's or applicant's financial condition and experience in the field.
The bond shall be in a form as the board may prescribe, conditioned upon the payment of wages, as defined in section 104-1, to the employees of the contractor or any other person or entity entitled to wages when due, and giving employees or any other person or entity entitled to wages who have not been paid a right of action on the bond in their own names; and upon the honest conduct of the business of the licensee, and upon the right of any person injured or damaged by any wrongful act of the licensee to bring an action on the bond; provided that any claim for wages shall have priority over all other claims. [L 1969, c 234, §1; gen ch 1985; am L 1986, c 319, §2; ree L 1988, c 141, §50; am L 2015, c 165, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-21 Death or dissociation.

§444-21 Death or dissociation.
No copartnership, joint venture, or corporation shall be deemed to have violated any provision of this chapter by acting or assuming to act as a contractor after the death or dissociation of a licensee who had the direct management of the contracting business thereof prior to final disposition by the contractors license board of an application for a license made within thirty days from the date of the death or dissociation. [L 1957, c 305, §1(s 20); Supp, §166A-20; HRS §444-21]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-22 Civil action.

§444-22 Civil action.
The failure of any person to comply with any provision of this chapter shall prevent such person from recovering for work done, or materials or supplies furnished, or both on a contract or on the basis of the reasonable value thereof, in a civil action, if such person failed to obtain a license under this chapter prior to contracting for such work. [L 1957, c 305, §1(s 21); Supp, §166A-21; HRS §444-22; am L 1969, c 56, §4]
Case Notes
Defendant's motion to dismiss denied; because it was feasible that plaintiff's actions constituted that of a "professional engineer acting solely in [its] professional capacity", it was not apparent that [this chapter] barred plaintiff from bringing lawsuit. 216 F. Supp. 2d 1133 (2001).
Action to recover under this section not barred when circumstances take matter outside applicability of this chapter. 58 H. 257, 567 P.2d 824 (1977).
Applicable even if party has knowledge that contractor has no license. 71 H. 175, 785 P.2d 1324 (1990).
Section permits a contractor, who performs both licensed and unlicensed work, to bring an action to recover payment for the licensed portion of the work. 86 H. 137 (App.), 948 P.2d 558 (1997).
A contract with an unlicensed contractor is not void ab initio and this section does not bar a member of the public, who is a party to such contract, from bringing suit to recover breach of contract damages from an unlicensed contractor. 92 H. 117 (App.), 987 P.2d 1015 (1999).
Where genuine issues of material fact existed as to: the services plaintiff provided to defendant that would be a basis for plaintiff's quantum meruit claim; whether plaintiff was required to be licensed under chapter 444 to provide such services; and whether such services that plaintiff rendered would be barred from recovery under this section, summary judgment was not warranted as to plaintiff's claim based on quantum meruit. 126 H. 190 (App.), 268 P.3d 443 (2011).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-23 Violation; penalties.

§444-23 Violation; penalties.
(a) Any licensee who contracts outside the appropriate scope of classification for which the licensee is licensed shall be fined $500 for the first offense, $1,000 for the second offense, and not less than $1,500 or more than $2,000 for any subsequent offense.
(b) Any licensee who violates section 444-9.3 or 444-17(17) shall be fined up to $25,000 or up to the full amount of the contract price for each offense, whichever is greater.
(c) Except as provided in subsections (a), (b), (d), and (e), any person who violates or fails to comply with this chapter shall be fined not less than $100 or more than $5,000 for each violation; provided that any person who violates section 444-9 shall be fined:
(1) $2,500 or forty per cent of the total contract price, whichever is greater, for the first offense;
(2) $3,500 or forty per cent of the total contract price, whichever is greater, for the second offense; and
(3) $5,000 or forty per cent of the total contract price, whichever is greater, for any subsequent offense,
and when the person is or was a defendant or respondent in a separate citation or lawsuit filed with or by the department, all tools, implements, documents, materials, or any other property used by the person in activities violating section 444-9 shall be subject to forfeiture as provided by section 444-23.5 and shall be turned over to the department for disposition under that section.
(d) Any licensee who violates, or whose employee violates, section 444-17(18), 444-17(19), or 444-17(20), shall be fined $75 for the first offense, $150 for the second offense, and not less than $300 or more than $1,000 for each subsequent offense; provided that each unit serviced in violation of section 444-17(18) or 444-17(19) and each instance of releasing CFCs in violation of section 444-17(20) shall constitute a separate offense.
(e) Any person who violates section 444-2.5 shall be fined:
(1) Up to $5,000 or fifty per cent of the value of the construction or improvement as indicated on the building permit application, whichever is greater, and as determined based on a review of the circumstances of each case, for the first offense; and
(2) $10,000 or sixty per cent of the value of the construction or improvement as indicated on the building permit application, whichever is greater, for any subsequent offenses. [L 1957, c 305, §1(s 22); Supp, §166A-22; HRS §444-23; am L 1975, c 127, §1; am L 1980, c 102, §1; am L 1984, c 216, §1; am L 1986, c 23, §1; am L 1989, c 77, §12; am L 1990, c 244, §1; am L 1992, c 264, §10 and c 269, §5; am L 1996, c 172, §5; am L 2000, c 291, §3; am L 2009, c 195, §1; am L 2010, c 44, §5 ; am L 2013, c 176, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-24 Injunction.

§444-24 Injunction.
The contractors license board may, in addition to any other remedies available, apply to a circuit judge for a preliminary or permanent injunction restraining any person from acting, or assuming to act, or advertising, 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 board, and upon hearing and for cause shown, the judge may grant the preliminary or permanent injunction. [L 1965, c 13, §1; Supp, §166A-23; HRS §444-24]
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-25 Payment for goods and services.

§444-25 Payment for goods and services.
A contractor shall pay the contractor's subcontractor for any goods and services rendered within ten days after receipt of an invoice by the subcontractor that includes any supporting documents as required by the terms of the subcontract and after receipt by the contractor of payment from the owner for the subcontractor's work, whichever occurs later. The subcontractor shall be entitled to receive interest on the unpaid amount at the rate of one and one-half per cent per month from the date payment is due; provided that this section shall not apply if the delay in payment is due to a bona fide dispute between the contractor and the subcontractor concerning the goods and services contracted for.
If payment is contingent upon receipt of funds held in escrow or trust, the contractor shall clearly state this fact in the contractor's solicitation of bids. If the solicitation for bids contains the statement that the time of payment is contingent upon the receipt of funds held in escrow or trust and a contract is awarded in response to the solicitation, interest shall not begin to accrue upon any unpaid balance until after the tenth day following receipt by the contractor of an invoice by the subcontractor that includes any supporting documents as required by the terms of the subcontract and receipt of the escrow or trust funds, whichever occurs later; provided that this section shall not apply if the delay in payment is due to a bona fide dispute between the subcontractor and the contractor concerning the goods and services contracted for.
This section shall not apply to chapter 103 or any section affecting public contracts. [L 1969, c 147, §2; am L 1971, c 92, §1; gen ch 1985; am L 2012, c 260, §2]
Note
L 2012, c 260, §3 provides:
"This Act [amending §444-25] shall not apply to the payment terms of previously binding written private contracts entered into, construction bids opened, or request for proposals solicited prior to July 1, 2012."
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-25.7 Roofing contractors guarantee bond.

§444-25.7 Roofing contractors guarantee bond.
(a) Every contract executed for the purpose of constructing, repairing or improving a roof covering, which contract states a guarantee for workmanship for a period in excess of seven years, shall be accompanied by a bond, executed by the licensee as principal and by a surety company authorized to do business in the State as a surety, for the replacement value of such roof covering; provided that no surety company shall be compelled to issue a bond for any guarantee pursuant to a contract under this section which it would not ordinarily bond or consider to be a bondable project.
(b) Such bond shall be for the exclusive benefit of, and be limited to, an owner or lessee of a private residence, including a condominium or cooperative unit, who has contracted with a duly licensed contractor for the construction of a roof covering to the owner's or lessee's own private residence and who has filed an appropriate claim for the replacement value of a roof covering which has become faulty or defective within the stated guarantee period.
(c) The surety bond shall be continuous in form and the total aggregate liability of the surety for all claims shall be limited to the face amount of the bond irrespective of the number of years the bond is in force.
(d) Any claim or subsequent action to make a claim against the bond shall be brought not later than one year after the expiration of the guarantee period for which the bond has been provided. Claims against the bond, as provided in this section, shall not in any way supersede or prevent claims made under section 444-26 or any other appropriate statute or law.
(e) Every contractor licensed to perform under this chapter shall, prior to entering into a contract covered by this section, provide to the owner appropriate information to evidence the existence of the bond and its conditions in writing.
(f) Bonds required under this section shall be in addition to any other bond required by this chapter or any other bond required or executed between a contractor and an owner or other contracting agency.
(g) Any violation by any contractor of any provision of this section or failure to maintain in full force and effect any bond required by this section, shall be deemed to be an unfair and deceptive act or practice. [L 1980, c 289, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-26 Contractors recovery fund; use of fund; person injured; fees.

§444-26 Contractors recovery fund; use of fund; person injured; fees.
(a) The board is authorized to establish and maintain a contractors recovery fund from which any person injured by an act, representation, transaction, or conduct of a duly licensed contractor that is in violation of this chapter or the rules adopted pursuant thereto may recover, by order of the circuit court or district court of the judicial circuit where the violation occurred, an amount of not more than $12,500 per contract, regardless of the number of persons injured under the contract, for damages sustained from the act, representation, transaction, or conduct. Recovery from the fund shall be limited to the actual damages suffered by the claimant, including court costs and fees as set by law and reasonable attorney fees as determined by the court; provided that recovery from the fund shall not be awarded to persons injured by an act, representation, transaction, or conduct of a contractor whose license was suspended, revoked, forfeited, terminated, or in an inactive status at the time the claimant entered into the contract with the contractor.
(b) For purposes of this chapter, "person injured" or "injured person" means and is limited to owners or lessees of private residences, including condominium or cooperative units, who have contracted with a duly licensed contractor for the construction of improvements or alterations to the owners' or lessees' own private residences and owners or lessees of real property who have contracted with a duly licensed contractor for the construction of the owners' or lessees' own private residences on the owners' or lessees' real property.
(c) When any person applies for a contractors license, the person shall pay, in addition to the person's original license fee, a fee of $150 for deposit in the contractors recovery fund and a fee for deposit in the contractors education fund as provided in rules adopted by the director pursuant to chapter 91. If the board does not issue the license, these fees shall be returned to the applicant. [L 1973, c 170, pt of §1; am L 1976, c 144, §1; am L 1977, c 127, §1 and c 152, §2; am L 1983, c 201, §4; gen ch 1985; am L 1989, c 209, §1; am L 1994, c 132, §2; am L 1995, c 20, §8; am L 2019, c 29, § §7, 18(2); am L 2020, c 12, § §1, 8; am L 2021, c 230, §15]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-27 Additional payments to fund.

§444-27 Additional payments to fund.
(a) At any time when the balance remaining in the contractors recovery fund is less than $250,000, the board may assess every contractor a fee not to exceed $500 annually for deposit in the contractors recovery fund.
(b) The failure of any contractor to pay the assessment within sixty days from the date of assessment shall constitute a forfeiture of the contractor's license. The board may impose other penalties or requirements as a condition of restoration of the license. [L 1973, c 170, pt of §1; am L 1977, c 127, §2; am L 1983, c 201, §5; gen ch 1985; am L 1994, c 132, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-29 Management of fund.

§444-29 Management of fund.
(a) The sums received by the contractors license board for deposit in the contractors recovery fund shall be held by the contractors license board in trust for carrying out the purposes of the contractors recovery fund. The contractors license board, as trustee of the recovery fund, shall be authorized to retain private legal counsel to represent the board in any action which may result in collection from the contractors recovery fund. These funds may be invested and reinvested in the same manner as funds of the state employees' retirement system, and the interest from these investments shall be deposited to the credit of the contractors education fund.
(b) The contractors education fund, which is hereby created, shall be available to the contractors license board for educational purposes.
(c) Any law to the contrary notwithstanding, to maintain a reasonable relation between the fees generated and the cost of services rendered by the contractors recovery fund and the contractors education fund, the board may make a finding that a fee adjustment is appropriate and adjust the fees generated by renewals accordingly. For the purposes of finding that a fee adjustment is appropriate in order to maintain a reasonable relation between the fees generated and the cost of services rendered by the funds, the board's review shall include the following:
(1) Frequency and timing of anticipated revenue to the fund;
(2) Identification of a reserve amount based on unanticipated revenue reductions and historical expenditures;
(3) Anticipated expenses paid, including recovery payouts during a biennial budget cycle;
(4) Unanticipated natural disasters or catastrophic weather events that may increase fund payments; and
(5) Any statutory adjustments to fund payout amounts.
The balance in each fund shall not exceed sums determined by the board. The sums shall be determined by the board biennially. [L 1973, c 170, pt of §1; am L 2019, c 29, § §8, 18(2); am L 2020, c 12, § §2, 8]
Attorney General Opinions
Governs hiring of attorneys for board; compliance with §103-3 unnecessary. Att. Gen. Op. 86-9.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-30 False statement.

§444-30 False statement.
It shall constitute a misdemeanor for any person or the person's agent to file with the contractors license board any notice, statement, or other document required under the provisions of this chapter, which is false or untrue or contains any material misstatement of fact. [L 1973, c 170, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-31 The contractors license board has standing in court.

§444-31 The contractors license board has standing in court.
When the contractors license board receives notice, as provided in section 444-28(a), the contractors license board may enter an appearance, file an answer, appear at the court hearing, defend the action or take whatever other action it may deem appropriate. The contractors license board or its legal representative shall be served with all pleadings in an action which may result in a recovery from the contractors recovery fund.
Settlement of any claim against the contractors recovery fund shall be made only with the unanimous agreement of the contractors license board, director of commerce and consumer affairs and attorney general that settlement is in the best interest of the contractors recovery fund. [L 1973, c 170, pt of §1; am L 1982, c 204, §8; am L 1983, c 124, §17]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-32 Subrogation to rights of creditor.

§444-32 Subrogation to rights of creditor.
When, upon the order of the court, the contractors license board has paid from the contractors recovery fund any sum to the judgment creditor, the contractors license board shall be subrogated to all of the rights of the judgment creditor and the judgment creditor shall assign all the judgment creditor's right, title and interest in the judgment to the contractors license board and any amount and interest so recovered by the contractors license board on the judgment shall be deposited to the credit of said fund. [L 1973, c 170, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-33 Waiver of rights.

§444-33 Waiver of rights.
The failure of an injured person to comply with all of the provisions of this chapter relating to the contractors recovery fund shall constitute a waiver of any right hereunder. [L 1973, c 170, pt of §1; am L 1977, c 127, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-34 Maximum liability.

§444-34 Maximum liability.
Notwithstanding any other provision, the liability of the contractors recovery fund shall not exceed $25,000 for any licensed contractor. [L 1973, c 170, pt of §1; am L 1975, c 183, §2; am L 1983, c 201, §6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-35 Disciplinary action against licensee.

§444-35 Disciplinary action against licensee.
Nothing contained herein shall limit the authority of the contractors license board to take disciplinary action against any licensee for a violation of any of the provisions of chapter 444, or of the rules and regulations of the contractors license board; nor shall the repayment in full of all obligations to the contractors recovery fund by any licensed contractor nullify or modify the effect of any other disciplinary proceeding brought pursuant to the provisions of chapter 444 or the rules and regulations. [L 1973, c 170, pt of §1; am L 1975, c 183, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 444. Contractors › 444-36 Prosecution of criminal violations.

§444-36 Prosecution of criminal violations.
The regulated industries complaints office shall report any criminal violation of this chapter, including, but not limited to, criminal contempt of court, to the county prosecuting attorney's office or the department of the attorney general for prompt prosecution.
[L 1996, c 172, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-1 Definition: "Treasurer".

Note
Sections 445-1 to 445-15 designated and amended as Part I by L 1990, c 164, §28.
Case Notes
Cited: 38 H. 433, 434 (1949).
§445-1 Definition: "Treasurer".
Whenever used in this chapter "treasurer" means the treasurer or director of finance of any county of the State. [L 1896, c 64, §2; am imp L 1909, c 151, §1; RL 1925, §1955; RL 1935, §2400; RL 1945, §7001; RL 1955, §155-1; HRS §445-1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-2 Treasurer to issue.

§445-2 Treasurer to issue.
The treasurer, upon the application of any person, shall issue to the applicant any license in this chapter upon the terms and conditions in this chapter set forth, provided that the county shall have the option to license those businesses enumerated in section 445-15(1). [L 1896, c 64, pt of §1; RL 1925, §1956; RL 1935, §2401; RL 1945, §7002; RL 1955, §155-2; HRS §445-2; am L 1992, c 232, §3]
Case Notes
No discretion to refuse license conforming to chapter. 11 H. 57 (1897).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-3 Signed by whom.

§445-3 Signed by whom.
Every license shall be signed by the treasurer of the county, within which the license is to be operative. [L 1890, c 28, §3; am L 1909, c 151, §3; am L 1913, c 99, §1; am L 1915, c 89, §1; RL 1925, §1957; RL 1935, §2402; RL 1945, §7003; RL 1955, §155-3; am L 1967, c 248, §1; HRS §445-3; gen ch 1985; am L 1990, c 164, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-4 Fees in advance.

§445-4 Fees in advance.
No license shall be issued under this chapter until the full fee required therein has been paid in advance for the term of one year.
Each treasurer shall account for all fees collected by the treasurer as county realizations. [L 1896, c 64, §6; am L 1909, c 151, pt of §2; RL 1925, pt of §1959; RL 1935, §2404; RL 1945, §7005; RL 1955, §155-5; HRS §445-4; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-5 Fees; date when due and payable.

§445-5 Fees; date when due and payable.
All fees for licenses prescribed by any law of the State, except as otherwise specifically provided, shall be due and payable at times to be established by the county within which the license is to be operative. [L 1905, c 32, §1; RL 1925, §1960; RL 1935, §2405; RL 1945, §7006; RL 1955, §155-6; HRS §445-5; am L 1990, c 164, §5]
Case Notes
Cited: 36 H. 369, 379 (1943).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-6 Place of business.

§445-6 Place of business.
Except as otherwise in this chapter provided, a license granted thereunder authorizes the carrying on of the business licensed only at the place indicated in the license, except in case of removal, and upon the written consent of the treasurer indorsed thereon. The place of business is where business transactions are made within an established place of business. [L 1896, c 64, pt of §1; RL 1925, §1961; RL 1935, §2406; RL 1925, §7007; RL 1955, §155-7; am L 1967, c 248, §2; HRS §445-6]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-9 Canceled on transferring, etc., business; penalty.

§445-9 Canceled on transferring, etc., business; penalty.
If any licensee closes out, transfers, or assigns the business for which a license is held, during the term for which the same was issued, the licensee shall within thirty days from the date of such closing out, transfer, or assignment, notify the treasurer of such fact in writing and return the license to the treasurer for cancellation, under a penalty not to exceed $100 for failure to do so. [L 1890, c 28, §2; am L 1903, c 8, §2; am L 1909, c 151, §4; RL 1925, §1964; RL 1935, §2409; RL 1945, §7010; RL 1955, §155-10; HRS §445-9; am L 1980, c 160, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-10 Term of license.

§445-10 Term of license.
(a) Subject to section 445-5, all licenses issued for carrying on the several businesses or doing the acts specified in this chapter shall be issued by the treasurer in accordance with the terms and conditions and for the fees specified in this chapter, for the respective terms of one year from the several dates of issue.
(b) The treasurer shall suspend, refuse to renew, reinstate, or restore, or deny any license or application if the treasurer has received certification from the child support enforcement agency pursuant to the terms of section 576D-13 that the licensee or applicant is not in compliance with an order of support or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. Unless otherwise provided by law, the treasurer shall grant, reinstate, renew, or restore the license only upon receipt of an authorization from the child support enforcement agency, office of child support hearings, or family court. [L 1896, c 64, pt of §3; RL 1925, §1965; RL 1935, §2410; RL 1945, §7011; RL 1955, §155-11; HRS §445-10; am L 1997, c 293, §19]
Case Notes
Cited: 11 H. 221, 222 (1897).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-11 Exposed to view; penalty.

§445-11 Exposed to view; penalty.
All persons holding a license for any class or kind of business shall keep the license exposed to view, in some prominent place, convenient for inspection, on the premises for which the same is granted. Any person failing to comply with the requirements of this section shall be fined not less than $10 nor more than $50. [L 1890, c 28, §1; am L 1903, c 8, §2; am L 1909, c 151, §5; RL 1925, §1966; RL 1935, §2411; RL 1945, §7012; RL 1955, §155-12; HRS §445-11]
Case Notes
Section does not prevent exhibition of license in court in the person's defense. 8 H. 233 (1891).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-12 Business without license forbidden; not transferable; penalty.

§445-12 Business without license forbidden; not transferable; penalty.
(a) Where a county requires a license for the conduct of any business, or the performance of any act in this chapter enumerated, that business or act, except upon obtaining a license from the appropriate county, is forbidden.
(b) No license required and issued by a county under this chapter shall be transferable.
(c) Any person who:
(1) Engages in or carries on any business, or does any act enumerated in this chapter, the engaging in or doing of which is required to be licensed in the county in which the business is conducted or act is performed, without first obtaining a license from that county;
(2) Sells any goods, wares, merchandise, produce, or thing of value, contrary to the terms of this chapter; or
(3) Violates or fails to observe this chapter;
shall be fined a maximum of $500 per day, unless otherwise provided in this chapter. [L 1896, c 64, pt of §3; RL 1925, §1967; RL 1935, §2412; RL 1945, §7013; RL 1955, §155-13; HRS §445-12; am L 1990, c 164, §8; am L 1992, c 232, §4]
Case Notes
To justify exercise of police power, act must relate to health, comfort, safety, or welfare of public. 7 H. 489 (1888).
Cited: 11 H. 221, 222 (1897).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-13 License inspectors.

§445-13 License inspectors.
The deputy sheriff of Kalawao, any police officer, or any authorized representative of the county director of finance duly authorized by a chief of police shall be ex officio license inspectors of the counties for which they are appointed or authorized, and as such, they shall from time to time report to the county director of finance the names of all persons within the county who are liable for the payment of license fees. [L 1913, c 115, §1; RL 1925, §1968; RL 1935, §2413; RL 1945, §7014; RL 1955, §155-14; HRS §445-13; am L 1990, c 164, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-14 Limits of license.

§445-14 Limits of license.
Except as otherwise in this chapter provided, a license granted thereunder authorizes the carrying on of the business licensed only at the place indicated in the license. A license granted to carry on a business from place to place shall be limited to the county in which the business is to be conducted. [L 1923, c 266, §3; RL 1925, §2113; RL 1935, §2415; RL 1945, §7016; RL 1955, §155-15; am L 1967, c 248, §3; HRS §445-14]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-15 Control by ordinance.

§445-15 Control by ordinance.
Each council has the power by ordinance:
(1) To require, or eliminate the requirement for, the licensing of auctions under part II of this chapter, secondhand dealers under part VII of this chapter, and scrap dealers under part X of this chapter;
(2) To impose annual license fees;
(3) To increase, decrease, or waive effective upon the expiration of any existing license, the annual fee for a license issued under this chapter, or to exempt wholly or partially, the payment by any religious, charitable, or educational organization or institution of any license fee imposed in this chapter or any ordinance enacted hereunder with respect to any business which is not regularly engaged in or carried on by such organization or institution; and
(4) To adopt rules not inconsistent with law concerning the conduct of the business of all persons licensed under this chapter, as deemed necessary for the public health, safety, or welfare. [L 1913, c 114, §1; RL 1925, §2116; RL 1935, §2416; RL 1945, §7017; am L 1955, c 235, §1; RL 1955, §155-16; am L 1957, c 128, §1; HRS §445-15; am L 1986, c 59, §1; am L 1990, c 164, §10; am L 1992, c 232, §5]
Revision Note
"Council" substituted for "board of supervisors or city council" to conform to terminology of county charters.
Case Notes
Under similar law held that city and county was without authority to require physicians, dentists, and lawyers to obtain a city and county license. 29 H. 422 (1926).
Cited: 26 H. 719, 722 (1923).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-21 Fee.

Note
Sections 445-21 to 445-38 designated as Part II by L 1990, c 164, §28.
Assessment under §26H-4 removed. L 1992, c 232, §1.
§445-21 Fee.
The annual fee for a license to sell goods, wares, merchandise, or other property at auction, shall be $100 for each taxation district. [L 1896, c 64, §25; RL 1925, §1973; am L Sp 1932 2d, c 66, §1; RL 1935, §2417; RL 1945, §7018; RL 1955, §155-18; HRS §445-21; am L 1990, c 164, §12]
Case Notes
Discrimination in amount not unconstitutional. 19 H. 651 (1909), aff'd 226 U.S. 184 (1912).
Public auction defined. 19 H. 651 (1909).
"Thirty day money-back guarantee" did not prevent sale from constituting an auction. 51 H. 502, 463 P.2d 914 (1970).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-23 Hours for auctions.

§445-23 Hours for auctions.
No auction sale of goods, wares, and merchandise shall be conducted between the hours of 9:00 o'clock in the evening and 8:00 o'clock in the morning, and no such auction of any nature or description shall be conducted during the months of November and December of any year; provided that this section shall not apply to:
(1) Sales of household furniture, vehicles, automobiles, machinery, livestock, and like bulky articles;
(2) Any sale made under the direction of any court;
(3) Sales of any personal property belonging to the State or any county;
(4) A bona fide sale of a stock of merchandise, where the creditors of the owner thereof are engaged in the legitimate closing out of the stock;
(5) Sales by hawkers on the street or peddlers from vehicles;
(6) Sales by persons selling fruits, fish, seafood products, vegetables, butter, eggs, or other farm or ranch produce; or
(7) Auctions held in public auction rooms that have been established for six months or more. [L 1925, c 195, pt of §1; am L 1933, c 145, §1; RL 1935, §2419; RL 1945, §7020; RL 1955, §155-20; am L 1965, c 183, §1; HRS §445-23; am L 1993, c 272, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-24 Fictitious bids.

§445-24 Fictitious bids.
At any auction sale it shall be unlawful for any person to procure any person to make fictitious bids, or to conspire with any person to make any fictitious bid, or knowingly to permit any person to make a fictitious bid; or for any auctioneer fictitiously to raise any bid oneself; or for any person to act as a by-bidder, or what is commonly known as a "capper", "booster", or "shiller", or offer to make any false or fictitious bid, or pretend to bid for, or pretend to buy, any article sold or offered for sale. [L 1925, c 195, pt of §1; RL 1935, §2420; RL 1945, §7021; RL 1955, §155-21; HRS §445-24; gen ch 1985]
Case Notes
Seller in auction not having held out that highest bid would be accepted is not bound by it. 5 H. 325 (1885).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-25 Description of goods sold considered warranties.

§445-25 Description of goods sold considered warranties.
Any person selling, disposing of, or offering for sale at public auction any stock of merchandise for the purpose of closing out the same as provided in section 445-22, shall, in describing the same, be truthful with respect to the cost, character, quality, kind, and description of the same, and such descriptions shall, for the purpose of the sale be considered as warranties. [L 1931, c 190, pt of §1; RL 1935, §2421; RL 1945, §7022; RL 1955, §155-22; HRS §445-25]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-26 Auction at places other than auction room; mock auctions.

§445-26 Auction at places other than auction room; mock auctions.
It shall be unlawful for any person, other than a licensed auctioneer to hold, conduct, carry on, or maintain any auction room or place for holding public auction sales, or to advertise or hold oneself out to the public as an auctioneer, or to conduct, carry on, or maintain any sale of goods by public auction; and it shall be unlawful to maintain, carry on, or conduct any mock auction, or to advertise or represent as an auction that which is or will be a sale other than auction. [L 1923, c 177, pt of §1; RL 1925, §1975; am L 1933, c 145, §2; RL 1935, §2422; RL 1945, §7023; RL 1955, §155-23; HRS §445-26; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-27 Penalty.

§445-27 Penalty.
Any person violating any of the provisions of sections 445-22 to 445-26, shall be fined not more than $500 and the person's auctioneer's license shall be subject to forfeiture at the discretion of the court. Each day that any of the above specified sections are violated constitutes a separate offense, punishable as in this section provided. [L 1923, c 177, pt of §1; RL 1925, §1977; am L 1925, c 195, pt of §1; am L 1931, c 190, pt of §1; RL 1935, §2424; RL 1945, §7026; RL 1955, §155-24; HRS §445-27; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-28 Place of public auction room.

§445-28 Place of public auction room.
It shall be unlawful for any licensed auctioneer, for the purpose of selling, or exposing for sale, property other than the property duly listed in the statement filed with the county treasurer, as required by section 445-22, to establish a public auction room if a closing-out sale has been conducted on the place, or if property is offered for sale by public auction which has been held for sale on the place, at any time within one year preceding the commencement of the auction, unless sixty days have elapsed after the last day on which the closing-out sale has been conducted, or sixty days have elapsed after the last day on which an auction sale has been conducted in accordance with section 445-22, whichever date is the later. [L 1941, c 155, §1; RL 1945, §7024; am L 1951, c 196, §2; RL 1955, §155-25; HRS §445-28]