reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-16 Real estate recovery fund; use of fund; fees.

§467-16
Real estate recovery fund; use of fund; fees.
(a) The commission shall establish and maintain a trust fund which shall be known as the real estate recovery fund from which any person aggrieved by an act, representation, transaction, or conduct of a duly licensed real estate broker, or real estate salesperson, upon the grounds of fraud, misrepresentation, or deceit, may recover upon the commission's settlement of a claim or by order of the circuit court or district court of the county where the violation occurred, an amount of not more than $25,000 per transaction for damages sustained by the fraud, misrepresentation, or deceit, including court costs and fees as set by law, and reasonable attorney fees as determined by the court.
(b) When any person makes application for an original license to practice as a real estate broker or salesperson the person shall pay, in addition to the person's original license fee, a real estate recovery fund fee as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91 for deposit in the real estate recovery fund. If the commission does not issue the license, this fee shall be returned to the applicant.
(c) The commission, as the trustee of the real estate recovery fund, shall be authorized to expend the funds to:
(1) Retain private legal counsel to represent the commission in any action involving or which may result in payment from the real estate recovery fund;
(2) Retain a certified public accountant for accounting and auditing of the real estate recovery fund;
(3) Employ necessary personnel, not subject to chapter 76, to assist the commission in exercising its powers and duties with respect to the real estate recovery fund; and
(4) Retain a consultant to recover and collect any payments from the real estate recovery fund plus interest from the judgment debtor. [L 1967, c 187, pt of §1; HRS §467-16; am L 1972, c 51, §1; am L 1973, c 142, §2; am L 1976, c 143, §1; am L 1983, c 116, §5; gen ch 1985; am L 1987, c 208, §2; am L 1988, c 145, §3; am L 1995, c 241, §8; am L 2000, c 253, §150; am L 2019, c 29, § §11, 18(2); am L 2020, c 12, § §4, 8]
Rules of Court
Applicability of Hawaii Rules of Civil Procedure, with respect to § §467-16 to 467-25, see HRCP rule 81(b)(12).
Case Notes
Appellants' contention that phrase "damages sustained", as used in this section, includes punitive damages was erroneous. 76 H. 39, 868 P.2d 457 (1994).
"Any person aggrieved" means any person-claimant involved in one transaction. 4 H. App. 552, 670 P.2d 459 (1983).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-17 Additional payments to fund.

§467-17 Additional payments to fund.
(a) If the balance remaining in the real estate recovery fund is less than $350,000, the department of commerce and consumer affairs shall assess every real estate licensee an additional payment to the recovery fund as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91 for deposit in the real estate recovery fund.
(b) The failure of the licensee to pay the assessment within sixty days from the date of assessment shall constitute a forfeiture of the license. The commission may impose other penalties or requirements as a condition to restoration of the license. [L 1967, c 187, pt of §1; HRS §467-17; am L 1983, c 116, §6; am L 1988, c 145, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-20 False statement.

§467-20 False statement.
It shall be unlawful for any person or the person's agent to testify before or file with the commission, or the testing service agency designated by the commission, any notice, statement, or other document required under this chapter, that is false or untrue or contains any material misstatement of fact, or contains forgery. In addition to any sanctions or remedies as provided in this chapter, any violation of this section shall constitute a misdemeanor punishable pursuant to section 706-640 or 706-663, or both, and not pursuant to section 467-26. [L 1967, c 187, pt of §1; HRS §467-20; gen ch 1985; am L 1989, c 203, §4; am L 1994, c 100, §12]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-21 The real estate commission has standing in court.

§467-21 The real estate commission has standing in court.
When the real estate commission receives notice, as provided in section 467-18(a), the commission may enter an appearance, file an answer, appear at the court hearing, defend the action, or take whatever other action it deems appropriate on behalf and in the name of the defendant, and take recourse through any appropriate method of review on behalf of, and in the name of, the defendant. The commission or its legal representative shall be served with all pleadings in an action which may result in a recovery from the real estate recovery fund.
Settlement of any claim against the real estate recovery fund may be made only with the agreement of a majority of the commission that settlement is in the best interest of the real estate recovery fund. [L 1967, c 187, pt of §1; HRS §467-21; am L 1972, c 51, §1c; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 121, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-22 Subrogation of rights.

§467-22 Subrogation of rights.
When, upon the order of the court, or upon the commission's settlement of a claim, the real estate commission has paid from the real estate recovery fund any sum to the judgment creditor, the commission shall be subrogated to all of the rights of the judgment creditor and the judgment creditor shall assign all the creditor's right, title, and interest in the judgment or settlement to the commission and any amount and interest so recovered by the commission on the judgment or settlement shall be deposited to the fund. [L 1967, c 187, pt of §1; HRS §467-22; gen ch 1985; am L 1987, c 208, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-23 Waiver of rights.

§467-23 Waiver of rights.
The failure of an aggrieved person to comply with this chapter relating to the real estate recovery fund shall constitute a waiver of any rights hereunder. [L 1967, c 187, pt of §1; HRS §467-23]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-24 Maximum liability.

§467-24 Maximum liability.
Notwithstanding any other provision, the liability of the real estate recovery fund shall not exceed $50,000 for any one licensee. [L 1967, c 187, pt of §1; HRS §467-24; am L 1977, c 197, §2; am L 1983, c 116, §7]
Case Notes
Change in maximum liability of recovery fund did not apply to cases where cause of action accrued before change took effect. 64 H. 74, 636 P.2d 1344 (1981).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-25 Disciplinary action against licensee.

§467-25 Disciplinary action against licensee.
Nothing contained herein shall limit the authority of the real estate commission to take disciplinary action against any licensee for a violation of this chapter, or the rules and regulations of the commission; nor shall the repayment in full of all obligations to the real estate recovery fund by any licensee nullify or modify the effect of any other disciplinary proceeding brought pursuant to this chapter. [L 1967, c 187, pt of §1; HRS §467-25]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-25.5 Registration of schools, instructors; fees.

§467-25.5 Registration of schools, instructors; fees.
(a) Schools. Any person may apply to the real estate commission for a certificate of registration as a real estate school upon the payment to the department of commerce and consumer affairs of an initial registration fee and thereafter a biennial registration fee. No school shall be granted a certificate of registration unless it maintains a sufficient number of registered instructors, requires a course of training of not less than that required by section 467-8, and meets other requirements as provided in rules adopted by the commission.
(b) Instructors. The commission shall issue a certificate of registration as instructor to any person who meets its requirements and pays the proper fee.
(c) The fees, including a nonrefundable processing fee, for a certificate of registration and renewal thereof for schools and instructors shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91.
(d) Examination fee for instructors requesting to be certified if and when required shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91.
(e) In the event a certificate of registration is forfeited, the certificate of registration may be reinstated upon payment of the renewal fee that is immediately due and owing, past due renewal fees, and penalty fees as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91.
(f) The commission shall adopt rules it deems proper to fully effectuate this section. The adoption of rules shall include, but not be limited to:
(1) Requirements for registration as a real estate school and as an instructor;
(2) Requirements for a certificate of registration renewal for a real estate school and an instructor; and
(3) Reinstatement requirements for a forfeited certificate of registration for a real estate school and an instructor.
(g) The biennial renewal fee shall be paid to the department of commerce and consumer affairs on or before December 31 of every even-numbered year. Failure, neglect, or refusal of a holder of any duly issued certificate of registration to pay the biennial renewal fee shall constitute a forfeiture of the certificate of registration. The certificate of registration may be reinstated upon written application therefor, payment to the department of the sum specified in subsection (e), and satisfaction of other requirements for reinstatement of a certificate of registration as provided in rules adopted by the commission. [L 1973, c 150, §1; am L 1988, c 145, §5; am L 1990, c 237, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-26 Penalty.

§467-26
Penalty.
Any person violating this chapter shall be fined not more than $5,000 for each violation. [L 1933, c 140, §13; RL 1935, §7321; RL 1945, §7742; RL 1955, §170-14; HRS §467-26; am L 1984, c 263, §3; am L 1995, c 241, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467B. Solicitation of Funds from the Public › 467B-2.1 Registration of charitable organizations; deactivation.

§467B-2.1 Registration of charitable organizations; deactivation.
(a) Every public benefit corporation domiciled in Hawaii and every charitable organization not exempted by section 467B-11.5 shall register with the department prior to conducting any solicitation of contributions or prior to having any solicitation of contributions conducted on its behalf by others. An authorized officer or agent of the charitable organization shall sign the registration form and shall certify that the statements therein are true and correct to the best of the officer's or agent's knowledge subject to penalties imposed by section 710-1063. A central or parent organization that has received a group exemption letter from the Internal Revenue Service may submit a consolidated application for registration for itself and any or all of the subordinate organizations covered under the group exemption that are included in the central or parent organization's annual information return to the Internal Revenue Service.
(b) Any charitable organization registered in Hawaii or any charitable organization exempted from registration pursuant to section 467B-11.5 that will no longer be conducting any solicitation of contributions or having any solicitation of contributions conducted on its behalf by others and that wishes to be deactivated shall file a request for deactivation with the attorney general in writing. The attorney general shall deactivate the organization after being satisfied that all obligations of the organization under this chapter have been met. Deactivation of a charitable organization shall not deprive the attorney general of jurisdiction over the activities of the charitable organization that occurred while the organization was registered or should have been registered.
(c) The attorney general may make available a registration and a deactivation form to assist in the registration or deactivation by charitable organizations.
(d) The attorney general may require that registration or deactivation forms be filed with the department electronically and may require the use of electronic signatures. [L 2008, c 174, pt of §2; am L 2013, c 61, §2; am L 2016, c 163, §3; am L 2017, c 86, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467B. Solicitation of Funds from the Public › 467B-3 Reciprocal agreements.

§467B-3 Reciprocal agreements.
The attorney general may enter into a reciprocal agreement with the appropriate authority of another state for the purpose of exchanging information with respect to charitable organizations, professional fundraising counsel, professional solicitors, and commercial co-venturers. [L 1969, c 167, pt of §1; am L 1993, c 206, §4; am L 1996, c 120, §1; am L 2004, c 93, §4; am L 2013, c 61, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467B. Solicitation of Funds from the Public › 467B-5 Records to be kept.

§467B-5 Records to be kept.
(a) Every charitable organization, professional fundraising counsel, professional solicitor, and commercial co-venturer subject to this chapter shall keep true and accurate records as to its activities in a form that will accurately provide support for the information required by this chapter. Upon demand, the records shall be made available to the attorney general for inspection. Except as provided in subsection (b), records shall be retained for a period of not less than three years.
(b) If a professional solicitor sells tickets to an event and represents that tickets will be donated for use by another, the professional solicitor, for not less than three years after the completion of such event, shall maintain the following records, which shall be available for inspection upon demand by the attorney general:
(1) The number of tickets purchased and donated by each contributor; and
(2) The name and address of all organizations receiving donated tickets for use by others, including the number of tickets received by each organization. [L 1969, c 167, pt of §1; am L 1971, c 162, §3; am L 1990, c 129, §4; am L 1993, c 206, §5; am L 2004, c 93, §5; am L 2013, c 61, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467B. Solicitation of Funds from the Public › 467B-8 Information filed to become public records.

§467B-8 Information filed to become public records.
Statements, reports, professional fundraising counsel contracts or professional solicitor contracts, commercial co-venturer consents, and all other documents and information required to be filed under this chapter or by the attorney general shall become government records in the department and be open to the general public for inspection pursuant to chapter 92F; provided that information in any registration statement concerning the residential addresses of any officer or director or that identifies a charitable organization's financial or banking accounts and audited financial statements submitted by registered charitable organizations shall be confidential under chapter 92F. [L 1969, c 167, pt of §1; am L 1993, c 206, §7; am L 2004, c 93, §7; am L 2008, c 174, §6; am L 2013, c 61, §7; am L 2019, c 66, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467B. Solicitation of Funds from the Public › 467B-9.5 Financial statements.

§467B-9.5 Financial statements.
Whenever the attorney general has reasonable grounds to believe that any charitable organization, professional fundraising counsel, professional solicitor, or commercial co-venturer has engaged in any act or practice constituting a violation of this chapter or any rule or order adopted or issued, the attorney general may require the charitable organization, professional fundraising counsel, professional solicitor, or commercial co-venturer to submit to the department an audited financial statement prepared in accordance with generally accepted accounting principles by an independent certified public accountant, or as otherwise required by the attorney general. [L 1990, c 129, pt of §2; am L 1993, c 206, §9; am L 2004, c 93, §9; am L 2013, c 61, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467B. Solicitation of Funds from the Public › 467B-9.6 Enforcement.

§467B-9.6 Enforcement.
(a) If any charitable organization, professional fundraising counsel, professional solicitor, or commercial co-venturer fails to file any statement, report, written consent, or other information required to be filed under this chapter, the attorney general may demand that the charitable organization, the professional fundraising counsel, professional solicitor, or commercial co-venturer provide the statement, report, written consent, or other information not more than twenty days after demanded by the attorney general. This demand may be mailed to the address on file with the department.
(b) Whenever the attorney general has reason to believe that any charitable organization, professional fundraising counsel, professional solicitor, commercial co-venturer, or other person is operating in violation of this chapter, the attorney general may investigate and bring an action in any court of this State to enjoin the charitable organization, professional fundraising counsel, professional solicitor, commercial co-venturer, or other person from continuing the violation or doing any acts in furtherance thereof, and for any other relief that the court deems appropriate. [L 1993, c 206, pt of §1; am L 2004, c 93, §10; am L 2013, c 61, §10]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467B. Solicitation of Funds from the Public › 467B-9.7 Administrative enforcement and penalties.

§467B-9.7 Administrative enforcement and penalties.
(a) The attorney general may refuse to register, revoke, or suspend the registration of any charitable organization, professional fundraising counsel, or professional solicitor, or issue a cease and desist order whenever the attorney general finds that a charitable organization, professional fundraising counsel, or professional solicitor, or its agent, servant, or employee:
(1) Has violated or is operating in violation of this chapter, the rules of the attorney general, or an order issued by the attorney general;
(2) Has refused or failed, after notice, to produce any records of the organization or to disclose any information required to be disclosed under this chapter or the rules of the attorney general;
(3) Has made a material false statement in an application, statement, or report required to be filed under this chapter; or
(4) Has failed to file the financial report required by section 467B-2.5, or filed an incomplete financial report.
(b) When the attorney general finds that the registration of any person may be refused, suspended, or revoked under the terms of subsection (a), the attorney general may:
(1) Revoke a grant of exemption from any provisions of this chapter;
(2) Issue an order directing that the person cease specified fundraising activities;
(3) Impose an administrative fine not to exceed $1,000 for each act or omission that constitutes a violation of this chapter and an additional penalty, not to exceed $100, for each day during which the violation continues. Registration shall be automatically suspended upon final affirmation of an administrative fine until the fine is paid or until the normal expiration date of the registration. No registration shall be renewed until the fine is paid; or
(4) Place the registrant on probation for any period of time and subject to any conditions as the attorney general may determine.
(c) Any person aggrieved by an action of the attorney general under this section may request a hearing to review that action in accordance with chapter 91 and rules adopted by the attorney general. Any request for hearing shall be made within ten days after the attorney general has served the person with notice of the action, which notice shall be deemed effective upon mailing.
(d) The attorney general may apply to the circuit court for the first circuit, State of Hawaii, for relief, and the court may issue a temporary injunction or a permanent injunction to restrain violations of this chapter, appoint a receiver, order restitution or an accounting, or grant other relief as may be appropriate to ensure the due application of charitable funds. Proceedings thereon shall be brought in the name of the State. [L 2004, c 93, pt of §1; am L 2006, c 168, §4; am L 2008, c 174, §8; am L 2011, c 40, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467B. Solicitation of Funds from the Public › 467B-10 Penalties.

§467B-10 Penalties.
Any person who intentionally or knowingly violates this chapter, or who intentionally or knowingly gives false or incorrect information to the attorney general in filing statements or reports required by this chapter, whether the reports or statements are verified or not, shall:
(1) For the first offense be fined not less than $100 nor more than $500, or imprisoned not more than six months, or both; and
(2) For the second and any subsequent offense, be fined not less than $500 nor more than $1,000, or imprisoned not more than one year, or both. [L 1969, c 167, pt of §1; am L 1971, c 162, § §4, 5; am L 1981, c 54, §3; gen ch 1985; am L 1990, c 129, §5; am L 1993, c 206, §10; am L 2004, c 93, §11]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467B. Solicitation of Funds from the Public › 467B-10.5 Violation as unfair practice.

§467B-10.5 Violation as unfair practice.
Any person who engages in an act or practice that violates this chapter or rules adopted or issued shall have engaged in an unfair or deceptive act or practice in the conduct of a trade or commerce, in violation of section 480-2, and shall be subject to the penalties and remedies provided for such a violation. [L 1990, c 129, pt of §2; am L 1993, c 206, §11]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467B. Solicitation of Funds from the Public › 467B-13 Rules.

§467B-13 Rules.
The attorney general may make, amend, or repeal such rules pursuant to chapter 91, as may be deemed proper to effectuate this chapter. [L 1981, c 30, §4 as superseded by c 54, §4; am L 2004, c 93, §13]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467B. Solicitation of Funds from the Public › 467B-15 Solicitation of funds for charitable purposes special fund.

§467B-15 Solicitation of funds for charitable purposes special fund.
There is established in the state treasury the solicitation of funds for charitable purposes special fund, into which shall be deposited all fees, fines, penalties, attorneys' fees, and costs of investigation collected under this chapter. Moneys in the fund may be expended by the attorney general for the enforcement of this chapter, the dissemination of public information, and the oversight of charities and professional fundraisers. [L 2004, c 93, pt of §1]
Note
Transfer of certain interest earnings to general fund until June 30, 2015. L 2009, c 79, §30(a)(38).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467B. Solicitation of Funds from the Public › 467B-16 Service of process; substituted service.

§467B-16
Service of process; substituted service
. (a) A charitable organization, professional solicitor, or professional fundraising counsel that is required to be registered under this chapter and that either has its principal place of business outside of the State or is organized under the laws of another state, and who does not have a registered agent with the department of commerce and consumer affairs, is considered to have irrevocably appointed the department of the attorney general as its agent for the service of a summons, subpoena, or other process directed to the charitable organization, professional fundraising counsel, or professional solicitor, or to a director, officer, partner, or principal of the charitable organization, professional fundraising counsel, or professional solicitor in an investigation, action, or other proceeding brought under this chapter, or for purpose of service of a subpoena under section 467B-9.3.
(b) Service under subsection (a) is complete if the department immediately sends notice of the service and a copy of the process to the charitable organization, professional fundraising counsel, or professional solicitor, or to a director, officer, partner, or principal of the charitable organization, professional fundraising counsel, professional solicitor, or other person to whom it is directed, by registered mail, return receipt requested, to the last address known to the department of the charitable organization, professional fundraising counsel, professional solicitor, or other person to whom it is directed.
(c) A charitable organization, professional fundraising counsel, or professional solicitor that is required to be registered under this chapter and that has its principal place of business within this State, and does not have a registered agent with the department of commerce and consumer affairs, may be served with a subpoena, summons, or other court process by personal service within this State. If personal service within this State cannot be made, substituted service may be made by any of the following methods:
(1) Mailing by registered or certified mail to the last-known place of business, residence, or abode within or without this State of the person for whom the subpoena is intended;
(2) For any person other than a natural person, in the manner provided for service of summons in an action or suit; or
(3) Service as directed by a court in lieu of personal service within this State. [L 2011, c 40, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467B. Solicitation of Funds from the Public › 467B-17 Administrative enforcement; cease and desist orders

§467B-17 Administrative enforcement; cease and desist orders
. (a) Whenever the attorney general finds that a charitable organization has violated section 467B-2.1, the attorney general may issue, in addition to the remedies prescribed by section 467B-9.7(b), a cease and desist order to the charitable organization.
(b) Any person aggrieved by an action of the attorney general under this section may request an administrative hearing to review that action in accordance with chapter 91 and rules adopted by the attorney general. Any request for hearing shall be made within ten days after the attorney general has served the person with notice of the action; provided that notice shall be deemed effective upon mailing. [L 2011, c 40, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467E. Social Workers › 467E-1 Definitions.

§467E-1 Definitions.
As used in this chapter:
"Continuing education courses" means courses approved by the National Association of Social Workers, the National Association of Social Workers Chapters, or the Association of Social Work Boards.
"Credit hour" means, except as otherwise provided, the value assigned to fifty minutes of instruction.
"Department" means the department of commerce and consumer affairs.
"Director" means the director of commerce and consumer affairs.
"Ethic courses" include ethic theory, ethical reasoning, ethical principles, ethical dilemmas, and professional ethics.
"Exempt government employee" means an employee in a social worker position with any federal, state, or county government agency.
"Practice of social work" means applying the formal knowledge base, theoretical concepts, specific functional skills, and essential social values that are used to effect change in human behavior, emotional responses, and social conditions, and helping individuals, couples, families, groups, and community organizations enhance or restore their capacities for personal and social functioning while preventing and controlling social problems. Social work practice is the professional application of social work values, principles, ethics, and techniques in the following areas:
(1) Information, resource identification, referral services, mediation services, advocacy services, and education of individuals, groups, couples, and families;
(2) Preparation and evaluation of assessments and development and implementation of social work service plans;
(3) Case management, coordination, casework intervention, and monitoring of social work service plans in the areas of personal, social, or economic resources, conditions, or problems;
(4) Administration and development of social service programs, policies, community organization, planning, implementation, and involvement in the evaluation of social systems and social policies;
(5) Social work consultation and resource development;
(6) Research through the formal design and methodology of data collection and the analysis and evaluation of data, social work programs, social systems, and social policies;
(7) Psychosocial assessment, diagnostic impressions, treatment of individuals, couples, families, and groups, prevention of psychosocial dysfunction, disability, or impairment, including emotional, mental, and behavioral disorders, and evaluation of practice effectiveness; and
(8) Clinical diagnosis or psychotherapy, or both, provided by a licensed clinical social worker.
"Social worker" or "S.W." means a person who has been issued a license as a licensed bachelor social worker, licensed social worker, or licensed clinical social worker to practice within the scope of practice as provided in this chapter. [L 1994, c 251, pt of §2; am L 2001, c 229, § §2, 5; am L 2002, c 16, §29 and c 167, § §6, 17; am L 2013, c 183, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467E. Social Workers › 467E-1.5 Limitations of scope of practice.

§467E-1.5 Limitations of scope of practice.
In accordance with the definition of the practice of social work, there shall be limitations on the scope of the practice of social work as follows:
(1)
The "licensed bachelor social worker" or "L.B.S.W." may perform duties as defined in paragraphs (1) to (4) of the definition of the practice of social work in section 467E-1 in an agency setting under supervision;
(2)
The "licensed social worker" or "L.S.W." may perform duties as defined in paragraphs (1) to (7) of the definition of the practice of social work in section 467E-1; and
(3) The "licensed clinical social worker" or "L.C.S.W." may perform duties as defined in paragraphs (1) to (8) of the definition of the practice of social work in section 467E-1. [L 2002, c 167, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467E. Social Workers › 467E-2 Social worker licensing program.

§467E-2 Social worker licensing program.
There is established a social worker licensing program within the department to be administered by the director that shall recognize the "licensed bachelor social worker" or "L.B.S.W.", the "licensed social worker" or "L.S.W.", and the "licensed clinical social worker" or "L.C.S.W.". [L 1994, c 251, pt of §2; am L 2002, c 167, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467E. Social Workers › 467E-3 Powers and duties of the director.

§467E-3
Powers and duties of the director.
In addition to any other powers and duties authorized by law, the director shall have the following powers and duties:
(1) Grant permission to a person to use the title of social worker and engage in the practice of social work in this State pursuant to this chapter and the rules adopted pursuant thereto;
(2) Adopt, amend, or repeal rules pursuant to chapter 91 as the director finds necessary to carry out this chapter;
(3) Administer, coordinate, and enforce this chapter and rules adopted pursuant thereto;
(4) Discipline a licensee for any cause described by this chapter or for any violation of the rules, fine any government employee employed as a social worker for any cause described by this chapter, and refuse to license a person for failure to meet licensing requirements or for any cause that would be grounds for disciplining a licensee; and
(5) Appoint an advisory committee consisting of three social workers and two members of the public to assist with the implementation of this chapter and the rules adopted pursuant thereto. [L 1994, c 251, pt of §2; am L 2002, c 167, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467E. Social Workers › 467E-4 Fees; disposition.

§467E-4 Fees; disposition.
(a) Application, examination, reexamination, license, renewal, late renewal penalty fees, and other reasonable and necessary fees relating to administration of this chapter, none of which are refundable, shall be as provided in rules adopted by the director pursuant to chapter 91.
(b) Fees assessed shall defray all costs to be incurred by the director to support the operation of the social worker licensing program. Fees collected shall be managed in accordance [with] section 26-9(l). [L 1994, c 251, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467E. Social Workers › 467E-5 License required.

§467E-5 License required.
No person shall purport to be a "social worker", "licensed bachelor social worker", "licensed social worker", "licensed clinical social worker", or use the letters "S.W.", "L.B.S.W.", "L.S.W.", or "L.C.S.W." in connection with the person's name, or use any words or symbols indicating or tending to indicate that the person is a social worker, licensed bachelor social worker, licensed social worker, or licensed clinical social worker, or engage in the practice of social work as defined in this chapter without meeting the applicable requirements and holding a license as set forth in this chapter. [L 1994, c 251, pt of §2; am L 2002, c 167, §9]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467E. Social Workers › 467E-6 Exemptions.

§467E-6 Exemptions.
Licensure shall not be required of:
(1) Any licensed person doing work within the scope of practice or duties of the person's profession that overlaps with the practice of social work; provided the person does not purport to be a social worker;
(2) Any person employed by a federal, state, or county government agency in a social worker position, but only at those times when that person is carrying out the duties and responsibilities as a social worker in governmental employment;
(3) Any student enrolled in an accredited educational institution in a recognized program of study leading toward attainment of a degree in social work; provided that the student's activities and services are part of a prescribed course of study supervised by the educational institution, and the student is identified by an appropriate title such as "social work student", "social work intern", or any other title which clearly indicates the student's training status;
(4) Any person who is a member of a mental health profession not requiring licensure; provided that the person functions only within the person's professional capacities; and provided further that the person does not purport to be a social worker;
(5) Any person teaching, lecturing, consulting, or engaging in research in social work insofar as the activities are performed as part
of or are dependent upon employment in a college or university; provided that the person shall not engage in the practice of social work outside the responsibilities of the person's employment;
(6) Any person who is a duly recognized member of the clergy; provided that the person functions only within the person's capacities as a member of the clergy; and provided further that the person does not purport to be a social worker;
(7) Any person who is obtaining supervised clinical experience for licensure as a psychologist, marriage and family therapist, or as another licensed professional; provided that the person's title indicates a trainee status; and provided further that the person does not purport to be a social worker; and
(8) Any person in the process of obtaining three thousand hours of post masters clinical social work experience under the supervision of a licensed clinical social worker or individual identified in section 467E-7(3)(C)(ii) in order to qualify for a license as a licensed clinical social worker; and provided that the person calls oneself a clinical social work intern and is supervised while performing clinical diagnosis and psychotherapy. [L 1994, c 251, pt of §2; am L 2002, c 167, §10]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467E. Social Workers › 467E-7.5 Reciprocity and endorsement.

§467E-7.5 Reciprocity and endorsement.
(a) The director may enter into reciprocity agreements with other states and issue a license to a social worker who has been licensed in that state; provided that the requirements for a license in the state in which the applicant is licensed are deemed by the director to be equal to or greater than the current requirements for a license in this State.
(b) The director may also issue a license by endorsement by honoring a passing score on the examination of the Association of Social Work Boards; provided that at a minimum, the applicant meets the other requirements under sections 467E-7 and 467E-9, and the passing score is from the examination category that is required for licensure in this State and the other state uses for its license. [L 2000, c 225, §1; am L 2002, c 167, §12]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467E. Social Workers › 467E-8 Application for examination.

§467E-8 Application for examination.
(a) Any person eligible for licensure who wishes to be licensed shall apply for examination to the director at least ninety days prior to the date of the examination, upon a form and in the manner that the director shall prescribe.
(b) Any application to the director shall be accompanied by a nonrefundable application fee.
(c) A person who fails an examination may apply for reexamination. [L 1994, c 251, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467E. Social Workers › 467E-9 Examination for license.

§467E-9 Examination for license.
(a) Each applicant for licensure shall take and pass a national examination administered by the Association of Social Work Boards in accordance with procedures and standards prescribed by the director.
(b) Applicants for the "licensed clinical social worker" or "L.C.S.W." license who have passed the diplomate clinical assessment examination administered by the National Association of Social Workers before July 1, 2004 shall be deemed to have satisfied the requirement of this section only if the application for licensure is filed with the department by June 30, 2005.
(c) The examination fee shall be paid by the applicant directly to the Association of Social Work Boards. [L 1994, c 251, pt of §2; am L 2000, c 225, §3; am L 2002, c 167, §13]
Revision Note
"July 1, 2004" substituted for "the effective date of this Act".
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467E. Social Workers › 467E-11 Renewals.

§467E-11 Renewals.
(a) Every license issued under this chapter shall be renewed triennially on or before June 30, with the first renewal deadline occurring on June 30, 1998. Failure to renew a license shall result in a forfeiture of the license. Licenses which have been so forfeited may be restored within one year of the expiration date upon payment of renewal and penalty fees, and in the case of audited licensees, documentary proof of compliance of continuing education. Failure to restore a forfeited license within one year of the date of its expiration shall result in the automatic termination of the license and relicensure may be subject to the person applying as a new applicant and satisfying again all licensing requirements.
(b) Beginning with the renewal for the licensing triennium commencing on July 1, 2013, through June 30, 2016, each licensee shall:
(1) Pay all required fees; and
(2) Complete a minimum of fifteen credit hours of continuing education courses within the renewal period; provided that a minimum of three credit hours shall be in ethic courses.
(c) Beginning with the renewal for the licensing triennium commencing on July 1, 2016, through June 30, 2019, and prior to every triennial renewal thereafter, each licensee shall:
(1) Pay all required fees; and
(2) Complete a minimum of forty-five credit hours of continuing education courses within the three-year period preceding the renewal date; provided that a minimum of three credit hours shall be in ethic courses.
(d) A first-time licensee shall not be subject to the continuing education requirement for the first license renewal.
(e) Each licensee shall maintain the licensee's continuing education records. At the time of renewal, each licensee shall certify under oath that the licensee has complied with the continuing education requirement of this section. The director may require a licensee to submit evidence satisfactory to the director that demonstrates compliance with the continuing education requirement of this section.
(f) The director may conduct random audits of licensees to determine compliance with the continuing education requirement. The director shall provide written notice of an audit to a licensee randomly selected for audit. Within sixty days of notification, the licensee shall provide the director with documentation verifying compliance with the continuing education requirement established by this section. [L 1994, c 251, pt of §2; am L 2013, c 183, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467E. Social Workers › 467E-13 Prohibited acts; penalties.

§467E-13 Prohibited acts; penalties.
(a) No person shall:
(1) Use in connection with the person's name any designation tending to imply that the person is a social worker, licensed bachelor social worker, licensed social worker, or licensed clinical social worker unless the person is duly licensed and authorized under this chapter;
(2) Represent oneself as a social worker, licensed bachelor social worker, licensed social worker, or licensed clinical social worker during the time the person's license issued under this chapter is forfeited, terminated, suspended, or revoked;
(3) Perform clinical diagnosis or psychotherapy unless the person is a licensed clinical social worker; or
(4) Engage in autonomous and independent clinical social work practice without being licensed as a licensed clinical social worker.
(b) Any person who violates this section shall be subject to a fine of not more than $1,000 and each day's violation shall be deemed a separate offense. [L 1994, c 251, pt of §2; am L 2001, c 229, § §3, 5; am L 2002, c 16, §29 and c 167, § §15, 17]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467E. Social Workers › 467E-14 Consumer right of action.

§467E-14 Consumer right of action.
Any person who suffers damage as a result of a violation of this chapter shall be entitled to injunctive relief restraining further violations and may sue to recover damages in any circuit court of the State, and, if successful, shall recover three times the actual damages or $1,000, whichever is greater. In any action brought under this chapter, the prevailing party shall be entitled to the recovery of costs of suits, including reasonable attorney's fees.
[L 1994, c 251, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467E. Social Workers › 467E-15 Privileged communication.

§467E-15
Privileged communication.
Communications between licensed clinical social workers and their clients shall be treated in the same manner as provided for psychologist-client privilege under rule 504.1 of the Hawaii Rules of Evidence. [L 2001, c 229, § §1, 5; am L 2002, c 167, § §16, 17]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468E. Speech Pathologists and Audiologists › 468E-1 Purpose.

§468E-1 Purpose.
It is the policy and the purpose of this chapter to insure that only qualified persons be allowed to practice in the fields of speech pathology and audiology. [L 1974, c 48, pt of §1; am L 1988, c 320, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468E. Speech Pathologists and Audiologists › 468E-2 Definitions.

§468E-2 Definitions.
As used in this chapter:
"ASHA" means the American Speech-Language-Hearing Association, the national administrative office of which is located in Rockville, Maryland, 10801 Rockville Pike (20852).
"Audiologist" means an individual who practices audiology.
"Board" means the state board of speech pathology and audiology, established under section 468E-6.
"Person" means any individual, organization, or corporate body, except that only an individual may be licensed under this chapter.
"Speech pathologist" means an individual who practices speech pathology.
"The practice of audiology" means the application of principles, methods, and procedures of measurement, prediction, evaluation, testing, counseling, consultation, and instruction related to the development and disorders of hearing and related language and speech for the purpose of modifying hearing function and related language and speech disorders.
"The practice of speech pathology" means the application of principles, methods, and procedures of measurement, prediction, evaluation, testing, counseling, consultation, and instruction related to the development and disorders of speech and related language and hearing for the purpose of modifying speech and related language and hearing disorders. [L 1974, c 48, pt of §1; am L 1981, c 242, §2]
Revision Note
Numeric designations deleted and definitions rearranged.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 468E. Speech Pathologists and Audiologists › 468E-3 Practice as speech pathologist or audiologist; title or description of services.

§468E-3 Practice as speech pathologist or audiologist; title or description of services.
(a) A person represents oneself to be a speech pathologist when the person:
(1) Holds oneself out to the public by any title or description of services incorporating the words "speech pathologist", "speech pathology", "speech therapy", "speech correction", "speech correctionist", "speech therapist", "speech clinic", "speech clinician", "language pathologist", "language pathology", "logopedics", "logopedist", "communicology", "communicologist", "asphasiologist", "voice therapy", "voice therapist", "voice pathology", or "voice pathologist", "language therapist", or "phoniatrist", or any similar titles;
(2) Purports to treat stuttering, stammering, or other disorders of speech;
(3) Is employed as a faculty member in speech pathology;
(4) Is employed as a speech pathologist by the State or any county agency.
(b) A person represents oneself to be an audiologist when the person:
(1) Holds oneself out to the public by any title or description of services incorporating the terms "audiology", "audiologist", "audiological", "hearing clinic", "hearing clinician", "hearing therapist", or any similar titles;
(2) Is employed as a faculty member in audiology;
(3) Is employed as an audiologist by the State or any county agency. [L 1974, c 48, pt of §1; am L 1981, c 242, §3; gen ch 1985]