reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466J. Radiologic Technology › 466J-1 Definitions.

§466J-1 Definitions.
As used in this chapter:
"Approved school for radiologic technologists", "approved training program for radiographers", "approved training program for radiation therapists", and "approved training program for nuclear medicine technologists" mean a school or training program determined by the board to provide a course of instruction in radiologic technology that is adequate to meet the purposes of this chapter.
"Board" means the radiologic technology board.
"Certified" means holding a license issued by the board when used in conjunction with the title "radiographer", "radiation therapist", or "nuclear medicine technologist".
"Department" means the department of health.
"Director" means the director of health.
"Nuclear medicine technologist" means any person who administers radiopharmaceuticals to human beings and conducts in vivo or in vitro detection and measurement of radioactivity for diagnostic or therapeutic purposes.
"Nuclear medicine technology" means the application of radiopharmaceuticals to human beings and the performance of in vivo or in vitro detection and measurement of radioactivity for diagnostic or therapeutic purposes.
"Radiation therapist" means any person who applies ionizing radiation to human beings for therapeutic purposes.
"Radiation therapy technology" means the application of ionizing radiation to human beings for therapeutic purposes.
"Radiographer" means any person who applies x-rays to human beings for diagnostic purposes.
"Radiography" means the application of x-rays to human beings for diagnostic purposes.
"Radiologic technologist" means any person who applies x-rays to human beings for diagnostic purposes, ionizing radiation to human beings for therapeutic purposes, or radiopharmaceuticals for diagnostic or therapeutic purposes.
"Radiologic technology" means the application of x-rays to human beings for diagnostic purposes, ionizing radiation to human beings for therapeutic purposes, or radiopharmaceuticals for diagnostic or therapeutic purposes.
"Supervision" means responsibility for, and control of, quality, radiation safety, and technical aspects of all x-ray, radiopharmaceutical, or ionizing radiation examinations and procedures. [L 1974, c 253, pt of §2; am L 1980, c 128, pt of §1; am L 1990, c 273, §4; am L 1995, c 143, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466J. Radiologic Technology › 466J-2 Radiologic technology board; appointment; duties.

§466J-2 Radiologic technology board; appointment; duties.
(a) The governor shall appoint and may remove in the manner prescribed in section 26-34 a radiologic technology board, to be placed in the department for administrative purposes.
(b) The board shall consist of ten members. The membership shall be composed of:
(1) Two persons licensed to practice medicine or osteopathic medicine pursuant to chapter 453 and certified by the American Board of Radiology;
(2) Four persons, each with at least five years' experience and certified in the practice of radiography, two of whom shall be persons engaged in the hospital practice of radiography;
(3) One person with at least five years' experience who is certified and engaged in the practice of radiation therapy technology;
(4) One person with at least five years' experience, who is certified and engaged in the practice of nuclear medicine technology;
(5) One person from the general public; and
(6) The director or the director's designated representative shall be the tenth, ex officio, voting member of the board.
(c) The board shall:
(1) Select its own chairperson from among its members;
(2) Adopt, amend, or repeal rules pursuant to chapter 91 as necessary to effectuate the purposes of this chapter;
(3) Determine minimum standards for and approve educational institutions that provide a course of instruction in radiologic technology that meets the requirements of this chapter;
(4) Withdraw approval or deny approval of educational institutions for failure to meet prescribed standards;
(5) Examine qualified applicants, grant, deny, suspend, or revoke licenses, impose administrative remedies that are authorized by this chapter, and impose such conditions as may be necessary in connection with the granting, denial, suspension, or revocation of licenses;
(6) Keep a record of all its proceedings; and
(7) Make an annual report to the governor.
(d) Members of the board shall serve without compensation, but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.
[L 1974, c 253, pt of §2; am L 1980, c 128, pt of §1; gen ch 1985; am L 1990, c 273, §5; am L 1991, c 42, §1; am L 1995, c 143, §3; am L 1996, c 202, §12; am L 2004, c 167, §1; am L 2009, c 11, §65]
Note
The 2009 amendment is retroactive to April 3, 2008. L 2009, c 11, §76(2).
Cross References
Annual reports, due dates, see §93-12.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466J. Radiologic Technology › 466J-3 Executive officer; other assistants.

§466J-3 Executive officer; other assistants.
(a) Subject to chapter 76 the department of health may employ and remove such administrative and clerical assistants as the board may require and prescribe their powers and duties.
(b) The department shall employ an executive officer of the board whose position shall be subject to chapter 76. The executive officer shall:
(1) Be employed with due regard to the officer's fitness, thorough administrative ability, and knowledge of and experience in the field of radiologic technology;
(2) Administer this chapter and the rules and orders established hereunder and perform such other duties as the board may require; and
(3) Prepare reports and collect and disseminate data and other public information relating to radiologic technology. [L 1974, c 253, pt of §2; ree L 1980, c 128, pt of §1; gen ch 1985; am L 2000, c 253, §150; am L 2004, c 167, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466J. Radiologic Technology › 466J-4 Licenses required.

§466J-4 Licenses required.
(a) No person shall practice or offer to practice as a radiographer, as a radiation therapist, or as a nuclear medicine technologist without an appropriate license previously obtained and maintained in good standing in compliance with this chapter and the rules of the board. It shall be unlawful for any person not appropriately licensed under this chapter to practice or offer to practice radiologic technology.
(b) Every person licensed as a radiographer, as a radiation therapist, or as a nuclear medicine technologist shall be subject to a biennial license fee (initial and renewal) payable to the department. The failure of any licensee to pay the licensee's fee shall be grounds for revocation of the licensee's license. All fees collected by the board pursuant to this section shall be deposited into the noise, radiation, and indoor air quality special fund established pursuant to section 342P-7.
After July 1, 1998, the license period shall be biennial. The biennial period shall begin thirty days after the end of the licensee's birth month. [L 1974, c 253, pt of §2; am L 1980, c 128, pt of §1; gen ch 1985; am L 1990, c 273, §6; am L 1994, c 169, § §6, 9; am L 1995, c 143, § §4, 10; am L 1996, c 164, §1; am L 1998, c 311, § §16, 21]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466J. Radiologic Technology › 466J-5.5 Continuing education requirement for renewal.

§466J-5.5 Continuing education requirement for renewal.
(a) After January 1, 1999, licensees shall have taken twenty-four continuing education credits acceptable to the board in the preceding biennium to renew their licenses.
(b) Licensees who have met the continuing education requirements of the American Registry of Radiologic Technologists in the biennium immediately preceding renewal or are in good standing with the American Registry of Radiologic Technologists shall be deemed to have met the continuing education requirement for license renewal.
(c) Licensees shall maintain proof of participation for continuing education credits and shall attest to this participation on the renewal application. This documentation shall be maintained by the licensee for the preceding biennium and shall be provided to the board as requested.
(d) The board shall sample and verify the continuing education documentation of licensees. The percentage of sampling shall be determined by the board.
(e) Failure of licensees to submit documentation for attested continuing education credits acceptable to the board shall be grounds for license suspension or revocation. [L 1995, c 143, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466J. Radiologic Technology › 466J-7 Radiologic technology education programs.

§466J-7 Radiologic technology education programs.
(a) An institution desiring to conduct an education program to prepare certified radiographers, certified radiation therapists, or certified nuclear medicine technologists shall apply to the board and submit evidence that it is prepared to meet such standards as shall be established by law and by the board.
(b) From time to time as deemed necessary by the board, it shall be the duty of the board, through the board's authorized representative, to survey radiologic technology education programs in the State. Written reports of the surveys shall be submitted to the board. If the board determines that any accredited radiologic technology education program is not maintaining the standards required by law and by the board, notice thereof in writing specifying the discrepancies shall be immediately given to the institution conducting the program. A program that fails to correct these conditions to the satisfaction of the board within a reasonable time shall be discontinued after a hearing held in conformance with chapter 91. [L 1974, c 253, pt of §2; am L 1980, c 128, pt of §1; am L 1990, c 273, §9; am L 1995, c 143, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466J. Radiologic Technology › 466J-8 Denial, revocation, or suspension of license.

§466J-8 Denial, revocation, or suspension of license.
(a) The board shall have the power to deny, revoke, or suspend any license issued or applied for in accordance with this chapter, upon proof that the person:
(1) Is guilty of fraud or deceit in procuring or attempting to procure a license to practice as a radiographer or as a radiation therapy technologist;
(2) Is mentally incompetent;
(3) Is guilty of unprofessional conduct; or
(4) Has knowingly or repeatedly violated this chapter.
(b) Before denying, suspending, or revoking any license pursuant to subsection (a), the board shall furnish the licensee a notice in writing as prescribed by section 91-9 and shall afford the licensee an opportunity to be heard in person and by or with counsel. Any order denying a license, or suspending or revoking a license shall be rendered not later than fifteen days after the hearing, and any aggrieved person may appeal the order as provided in chapter 91.
(c) The board shall suspend, refuse to renew, reinstate, or restore, or deny any license or application if the board 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 board shall issue, renew, restore, or reinstate the license only upon receipt of an authorization from the child support enforcement agency, office of child support hearings, or family court. Subsection (b) shall not apply to a license suspension pursuant to this subsection. [L 1974, c 253, pt of §2; am L 1980, c 128, pt of §1; am L 1990, c 273, §10; am L 1997, c 293, §20; am L 2002, c 226, §8; am L 2003, c 133, §12; am L 2014, c 9, §8; am L 2019, c 279, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466J. Radiologic Technology › 466J-9 Violations of chapter; penalties.

§466J-9 Violations of chapter; penalties.
(a) It shall be a misdemeanor for any person, including any corporation, association, or individual, to:
(1) Sell or fraudulently obtain or furnish any radiographer's, radiation therapist's, or nuclear medicine technologist's diploma, license, renewal, or record or aid or abet therein;
(2) Use in connection with the person's name any designation tending to imply that the person is a certified radiographer, certified radiation therapist, or certified nuclear medicine technologist unless licensed to practice under this chapter;
(3) Practice radiologic technology during the time the person's license issued under this chapter is suspended or revoked; or
(4) Violate any provision of this chapter.
(b) Any person who violates this chapter, or any rule adopted by the board pursuant to this chapter, shall be fined not more than $2,000 for each separate offense. Each day the violation continues may constitute a separate offense. Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action. [L 1974, c 253, pt of §2; am L 1980, c 128, pt of §1; am L 1990, c 273, §11; am L 1995, c 143, §8; am L 2004, c 167, §3]
Cross References
Penalties for misdemeanor, see § §706-640 and 706-663.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466J. Radiologic Technology › 466J-10 Injunctive relief.

§466J-10 Injunctive relief.
The practice of radiologic technology by any person who has not been issued a license under this chapter or whose license has been suspended or revoked or has expired is declared to be inimical to the public welfare and to constitute a public nuisance. The board may, through the attorney general, apply for an injunction in any court of competent jurisdiction to enjoin any person who has not been issued a license, or whose license has been suspended or revoked, or whose license has expired, from practicing radiologic technology. Upon the filing of a verified petition in court, the court or any judge thereof, if satisfied by affidavit, or otherwise, that the person is or has been practicing as a radiographer or as a radiation therapy technologist without having been issued a license, or after the person's license has been suspended or revoked, or has expired, may issue a temporary injunction, without notice or bond, enjoining the defendant from further practicing as a radiographer or radiation therapy technologist. A copy of the verified petition shall be served upon the defendant and the proceedings shall thereafter be conducted as in other civil cases. If it is established that the defendant has been or is practicing as a radiographer or radiation therapy technologist without having been issued a license or has been or is practicing as a radiographer or as a radiation therapy technologist after the defendant's license has been revoked or has expired, the court, or any judge thereof, may enter a decree perpetually enjoining the defendant from further practicing as a radiographer or as a radiation therapy technologist. In case of violation of any injunction issued under this section, the court, or any judge thereof, may summarily try and punish the offender for contempt of court. The injunction proceedings shall be in addition to, and not in lieu of, all penalties and other remedies provided in this chapter. [L 1974, c 253, pt of §2; am L 1980, c 128, pt of §1; gen ch 1985; am L 1990, c 273, §12]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466K. Real Estate Appraisers › 466K-1 Findings and purpose.

§466K-1 Findings and purpose.
The legislature finds that the regulation of real estate appraisers is reasonably necessary to protect consumers. The legislature further finds that 12 United States Code §3301 et seq. requires that real estate appraisals utilized in connection with federally related transactions be performed by individuals who are certified appraisers. The purposes of this chapter are to implement the requirements of 12 United States Code §3301 et seq. and to require that all real estate appraisals be performed by licensed or certified appraisers. The requirements of this chapter do not apply to any real estate appraiser employed by any county for purposes of valuing real property for ad valorem taxation. [L 1989, c 188, pt of §1; am L 1990, c 346, §1; am L 1998, c 180, §2; am L 1999, c 287, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466K. Real Estate Appraisers › 466K-2 Real estate appraiser program.

§466K-2 Real estate appraiser program.
There is established a real estate appraiser program within the department of commerce and consumer affairs, to be administered by the director of commerce and consumer affairs. [L 1989, c 188, pt of §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466K. Real Estate Appraisers › 466K-3 Powers and duties of the director.

§466K-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) To grant permission to practice as a certified real estate appraiser in this State pursuant to this chapter and 12 United States Code §3301 et seq. and the rules and regulations adopted pursuant thereto;
(2) To adopt, amend, or repeal rules as the director finds necessary to effectuate fully this chapter and 12 United States Code §3301 et seq.;
(3) To enforce this chapter and 12 United States Code §3301 et seq. and rules and regulations adopted pursuant thereto;
(4) To discipline a certified real estate appraiser for any cause prescribed by this chapter or 12 United States Code §3301 et seq. or for any violation of the rules and regulations and refuse to grant a person permission to practice as a certified real estate appraiser for any cause that would be grounds for disciplining a certified real estate appraiser;
(5) To act as the designated representative of this State to implement 12 United States Code §3301 et seq.; and
(6) To appoint an advisory committee to assist with the implementation of this chapter and 12 United States Code §3301 et seq. and the rules and regulations adopted pursuant thereto. [L 1989, c 188, pt of §1; am L 1990, c 346, §2; am L 1992, c 202, §166]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466K. Real Estate Appraisers › 466K-4 Practice as a real estate appraiser; uniform standards.

§466K-4 Practice as a real estate appraiser; uniform standards.
(a) No person may practice as a real estate appraiser in this State unless that person has been licensed or certified to practice in accordance with this chapter and rules adopted by the director of commerce and consumer affairs pursuant to chapter 91. All real estate appraisers who are licensed or certified to practice in this State shall comply with the current Uniform Standards of Professional Appraisal Practice approved by the director when performing appraisals in connection with a federally or non-federally related real estate transaction, or certify compliance with the current Uniform Standards of Professional Appraisal Practice in connection with any arbitration proceeding to determine the fair market value, fair market rental value, or fair and reasonable rent of real estate.
(b) This section shall not apply to any real estate appraiser employed by any county for purposes of valuing real property for ad valorem taxation.
(c) This section shall not apply to a real estate broker or real estate salesperson licensed pursuant to chapter 467 who provides an opinion as to the estimated price of real estate, regardless of whether the real estate licensee receives compensation, a fee, or other consideration for providing the opinion; provided that:
(1) The opinion as to the estimated price of real estate shall state that it is not an appraisal;
(2) The real estate licensee shall not represent that the licensee is a certified or licensed real estate appraiser; and
(3) If the real estate licensee receives compensation related to the sale of property, the licensee shall not receive any additional compensation, fee, or other consideration for providing an opinion as to the estimated price of that property. [L 1998, c 180, §1; am L 1999, c 287, §3; am L 2011, c 212, §1 and c 227, §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466K. Real Estate Appraisers › 466K-5 Definitions.

§466K-5
Definitions.
For the purposes of this chapter, unless the context otherwise requires:
"Arbitrator" means an individual appointed to render an award in a controversy that is subject to an agreement to arbitrate.
"Uniform Standards of Professional Appraisal Practice" means the most recent iteration of the Uniform Standards of Professional Appraisal Practice developed by the appraisal standards board of The Appraisal Foundation and approved by the director. [L 2011, c 227, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 466K. Real Estate Appraisers › 466K-6 Appraisers in arbitration proceedings; recordation; nonconfidentiality.

§466K-6 Appraisers in arbitration proceedings; recordation; nonconfidentiality.
(a) Arbitration awards, records of awards, and supplementary, dissenting, or explanatory opinions recorded pursuant to this section shall be public records.
(b) In an arbitration proceeding to determine the fair market value, fair market rental, or fair and reasonable rent of real property where the arbitrator is a real estate appraiser licensed or certified under this chapter, the record of an award shall include but not be limited to findings of fact; the state-licensed or certified appraiser's rationale for the award; the state-licensed or certified appraiser's certification of compliance with the most current Uniform Standards of Professional Appraisal Practice as approved by the director; and information regarding the evidence, including the data, methodologies, and analysis that provided the basis for the award.
(c) A real estate appraiser licensed or certified under this chapter who is named or appointed as an arbitrator in a submission agreement to appraise or arbitrate entered into after July 1, 2014, shall record with the bureau of conveyances all arbitration awards; records of awards, if separately issued; and any supplementary, dissenting, or explanatory opinions on awards within ninety days of the notification of the determination of the award to the parties.
(d) No agreement between the parties or the appraisers acting as arbitrators shall preclude or deny the requirement to record an award, the record of an award, or any supplementary, dissenting, or explanatory opinions as required by this section.
(e) Failure to comply with this section shall be a violation of this chapter for purposes of licensing or certification. [L 2011, c 227, pt of §2; am L 2014, c 73, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-1.5 Employer-employee relationship.

§467-1.5 Employer-employee relationship.
Nothing in this chapter or in any of the rules adopted to implement this chapter shall be deemed to create an employer-employee relationship between a real estate broker and the broker's licensees; provided that the commission shall have all power necessary to regulate the relationships, duties and liabilities among real estate brokers and real estate salespersons in order to protect the public. [L 1977, c 197, §1(1); gen ch 1985; am L 1989, c 217, §2]
Case Notes
Statute's plain language establishes that statutorily-mandated control cannot create an employment relationship. 79 H. 208, 900 P.2d 784 (1995).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-1.6 Principal brokers.

§467-1.6 Principal brokers.
(a) The principal broker shall have direct management and supervision of the brokerage firm and its real estate licensees.
(b) The principal broker shall be responsible for:
(1) The client trust accounts, disbursements from those accounts, and the brokerage firm's accounting practices;
(2) The brokerage firm's records, contracts, and documents;
(3) All real estate contracts of the brokerage firm and its handling by the associated real estate salesperson;
(4) The proper handling of any commission application, real estate license application, or renewal application that the principal broker or the brokerage firm expressly agrees to handle on behalf of the applicant, including without limitation, verifying for completeness and appropriate fees, and mailing or delivering the appropriate documents to the commission by the required deadline;
(5) Developing policies and procedures for the brokerage firm concerning the handling of real estate transactions and the conduct of the associated real estate licensees and other staff, including education and enforcement of the policies and procedures;
(6) Setting a policy on continuing education requirements for all associated real estate licensees in compliance with the statutory requirement;
(7) Ensuring that the licenses of all associated real estate licensees and the brokerage firm license are current and active;
(8) Establishing and maintaining a training program for all associated real estate licensees; and
(9) Ensuring that all associated real estate licensees are provided information and training on the latest amendments to real estate licensing laws and rules as well as other related laws and rules.
(c) The principal broker may delegate management and supervision duties to one or more brokers in charge subject to the principal broker's written policies and procedures. The principal broker shall be responsible for the education, enforcement, and records required of such policies and procedures. [L 1999, c 47, pt of §2; am L 2002, c 129, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-2 Exceptions.

§467-2 Exceptions.
The provisions requiring licensing as a real estate broker or salesperson shall not apply:
(1) To any individual who, as owner of any real estate or acting under power of attorney from the owner, performs any of the acts enumerated in the definitions of real estate broker and real estate salesperson with reference to the real estate; provided that the term "owner" as used in this paragraph shall not include any individual engaged in the business of real estate development or brokerage or include an individual who acquires any interest in any real estate for the purpose or as a means of evading the licensing requirements of this chapter; and provided further that the term individual "acting under power of attorney" as used in this paragraph shall not include any individual engaged in the business of real estate development or brokerage or any individual who acts under a power of attorney for the purpose or as a means of evading the licensing requirements of this chapter;
(2) To any person acting as a receiver, trustee in bankruptcy, personal representative, or trustee acting under any trust agreement, deed of trust, or will, or otherwise acting under any order of authorization of any court;
(3) To any individual who leases, offers to lease, rents, or offers to rent, any real estate or the improvements thereon of which the individual is the custodian or caretaker;
(4) To any person who manages, rents, or operates a hotel; or
(5) To any provider agency owning, leasing, operating, or managing a homeless facility or any other program for the homeless authorized under part XVII of chapter 346. [L 1933, c 140, §12; RL 1935, §7311; am L 1941, c 205, pt of §1; RL 1945, §7732; RL 1955, §170-2; am L 1961, c 154, §2; HRS §467-2; am L 1971, c 26, §1; am L 1976, c 200, pt of §1; am L 1985, c 141, §3; gen ch 1985; am L 1989, c 217, §2; am L 1991, c 212, §6; am L 1994, c 100, §2; am L 1997, c 350, §17; am L 1998, c 212, §3; am L 2007, c 249, §22; am L 2010, c 89, §6]
Attorney General Opinions
Exception does not apply to an employee of a corporation. Att. Gen. Op. 66-6.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-3 Commission, appointments, qualifications, tenure.

§467-3 Commission, appointments, qualifications, tenure.
There shall be appointed a commission to be known as the real estate commission, to consist of nine members, at least four of whom shall be licensed real estate brokers who have been engaged in business as licensed real estate brokers or salespersons for three years immediately preceding their appointments, each of whom shall be a citizen of the United States and shall have resided in the State for at least three years preceding appointment, and one of whom shall be designated by the appointing power as chairperson. Four members shall be residents of the city and county of Honolulu, one shall be a resident of the county of Hawaii, one shall be a resident of the county of Maui, and one shall be a resident of the county of Kauai and two members shall be public members.
Appointments shall be made for a term of four years, commencing from the date of expiration of the last preceding term and shall be made to expire on June 30. Appointments shall be made so that at least one appointment shall be required each year.
Any vacancy shall be filled by appointment for the unexpired term. [L 1933, c 140, § §2, 3; RL 1935, §7312; am L 1935, c 126, §1; RL 1945, §7733; am L 1951, c 77, §1; RL 1955, §170-3; am L 1959, c 165, §1; am L Sp 1959 2d, c 1, § §5, 15; am L 1961, c 154, §3; HRS §467-3; am L 1978, c 208, §14; am L 1980, c 60, §1; gen ch 1985; am L 1986, c 130, §4; am L 1989, c 217, §2; am L 1992, c 202, §167; ree L 1993, c 322, §16]
Cross References
Departmental administration, see § §26-9 and 26-35.
Quorum, see §92-15.
Case Notes
Cited: 38 H. 9 (1948).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-4.5 Continuing education.

§467-4.5 Continuing education.
(a) The commission shall have the authority to:
(1) Set content and other requirements for continuing education courses, providers, and instructors;
(2) Determine whether requirements have been met;
(3) Specify a mandatory core course, courses, or equivalencies for a licensing biennium;
(4) Determine how many hours of a continuing education course will be credited toward continuing education requirements for real estate licensees;
(5) Develop its own continuing education courses or approve courses developed by others; and
(6) Authorize the provision of courses taught by alternative delivery methods with interactive instructional techniques. Interactive instructional techniques may include but are not limited to:
(A) The opportunity for immediate exchange with an instructor; and
(B) Assessment and remediation through the assistance of computer, electronic, audio, or audiovisual interactive instruction designed to internally measure and evaluate whether students have mastered stated learning objectives.
(b) Continuing education providers shall:
(1) Certify that instructors have met the commission requirements;
(2) Ensure that instructors are competent in the subject matter of the course and are current in their knowledge of the subject matter; and
(3) Ensure that the course is based on current information, laws, and rules.
(c) Continuing education instructors shall ensure that their courses are based on current information, laws, and rules.
(d) Continuing education courses shall be designed to improve a licensee's competency, or professional standards and practice and shall:
(1) Be offered by a provider approved by the commission and either be:
(A) Approved by the commission and delivered by an instructor certified by a commission-approved continuing education provider;
(B) A national course delivered by an instructor certified by the National Association of Realtors or its affiliates;
(C) A national course delivered by an instructor certified by the Building Owners and Managers Association, the Community Associations Institute, or any other national organization approved by the commission; or
(D) Certified by the Association of Real Estate License Law Officials;
(2) Be designed to allow students to exceed minimal entry level competency in the subject matter of the course including consumer protection in real estate transactions; and
(3) Not require an examination. [L 1999, c 47, pt of §2 as superseded by c 240, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-5 Board's employees.

§467-5 Board's employees.
Subject to chapter 76, the department of commerce and consumer affairs may employ and remove such administrative and clerical assistants as the real estate commission requires and prescribe their powers and duties. [L 1933, c 140, pt of §4; RL 1935, pt of §7313; RL 1945, pt of §7734; am L 1951, c 77, pt of §2; RL 1955, pt of §170-4; am imp L 1963, c 21, §1 and c 114, §3; HRS §467-5; am L 1982, c 204, §8; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-6 Place of meeting.

§467-6 Place of meeting.
The director of commerce and consumer affairs shall provide suitable quarters for meetings of the real estate commission and for the transaction of its other business. [L 1933, c 140, §5; RL 1935, §7314; am L 1935, c 126, §1; RL 1945, §7735; RL 1955, §170-5; am L Sp 1959 2d, c 1, §6; am L 1963, c 114, §3; HRS §467-6; am L 1982, c 204, §8; am L 1983, c 124, §17]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-7 Licenses required to act as real estate broker and salesperson.

§467-7 Licenses required to act as real estate broker and salesperson.
No person within the purview of this chapter shall act as real estate broker or real estate salesperson, or shall advertise, or assume to act as real estate broker or real estate salesperson without a license previously obtained under and in compliance with this chapter and the rules and regulations of the real estate commission. [L 1933, c 140, §6; RL 1935, §7315; am L 1935, c 126, §1; RL 1945, §7736; RL 1955, §170-6; HRS §467-7; am L 1989, c 217, §2]
Attorney General Opinions
Only persons not regularly engaged in real estate transaction with a power of attorney from the owner are within the exception. Att. Gen. Op. 65-24.
Includes employees involved in real estate transactions of employer's land. Att. Gen. Op. 66-6.
Selling lists of available real estate rentals is not an act within the definition of a real estate broker. Att. Gen. Op. 67-15.
Case Notes
Cited: 38 H. 9, 11 (1948).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-7.5 License recognition. The commission may enter into a license recognition agreement with another state, or a jurisdiction recognized by the Association of Real Estate License Law Officials, with an equivalent real estate licensing law as determined by the commission. [L 2004, c 12, §1]

§467-7.5
License recognition.
The commission may enter into a license recognition agreement with another state, or a jurisdiction recognized by the Association of Real Estate License Law Officials, with an equivalent real estate licensing law as determined by the commission. [L 2004, c 12, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-9 License, registration, certificate, and applications.

§467-9 License, registration, certificate, and applications.
(a) Every applicant for issuance of a real estate license, registration, or certificate under this chapter shall file an application with the commission in a form and setting forth the information as may be prescribed or required by the commission, and shall furnish any additional information bearing upon the issuance of the license, registration, and certificate as it requires. In the case of a partnership or corporation, any general partner or officer thereof may sign the application on behalf of the applicant. The commission may prescribe deadlines for the submission of applications.
(b) Unless approved by the commission, no real estate broker's license shall be issued under or changed to any trade name, corporate name, or partnership name which contains the name, part of the name, initials, or nickname of:
(1) An unlicensed person;
(2) A real estate salesperson; or
(3) A real estate broker whose real estate license is not associated with or employed by the subject real estate broker applicant.
A real estate broker's license name includes any trade name approved by the commission.
(c) A real estate broker's license shall be placed on an inactive status unless the real estate broker immediately changes its name, trade name, corporate name, or partnership name that contains the name, part of the name, initials, or nickname of:
(1) A real estate licensee who is no longer associated with or employed by the subject real estate broker, except in the case of incapacitating disability or death of the real estate licensee where written authorization is obtained from the real estate licensee or legal representative of the licensee permitting use of the name; or
(2) A real estate licensee who is no longer a current active real estate licensee due to revocation, termination, forfeiture, surrender, or inactive status.
The changes shall comply with this chapter and the rules of the commission.
(d) Notwithstanding subsection (b), a real estate broker's license name may include the name of a franchise registered with the business registration division of the department of commerce and consumer affairs. [L 1933, c 140, §8; RL 1935, §7317; am L 1935, c 126, §1; RL 1945, §7738; RL 1955, §170-8; HRS §467-9; am L 1971, c 17, §1; am L 1973, c 131, §2; am L 1983, c 116, §2; am L 1984, c 263, §1; am L 1987, c 283, §35; am L 1989, c 217, §2; am L 1993, c 125, §1; am L 1994, c 100, §5; am L 1997, c 40, §20 and c 45, §1]
Cross References
Fees; license and renewals, see §467-11.
Case Notes
Cited: 38 H. 9, 10 (1948).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-9.6 Examination.

§467-9.6 Examination.
(a) Every applicant for a real estate examination shall file an application with either the commission or the testing service agency designated by the commission pursuant to rules of the commission to provide the testing service. The application shall be in a form prescribed by the commission and shall include a certification statement that the applicant has fulfilled or will fulfill by the date of the examination, the prerequisites for examination. Every application shall be accompanied by an examination fee as determined by the commission by rules adopted pursuant to chapters 26 and 91. Applicants shall apply for real estate licenses in the manner prescribed by the commission.
(b) The commission may prescribe the passage of a specific section or sections of the examination for different purposes, including the following:
(1) A current out-of-state licensee requesting an equivalency to the uniform part of the state prelicensing examination based on previously passing the uniform portion of another state's licensing examination or equivalent as determined by the commission. The approved equivalency will be for the respective examination passed in the other state;
(2) Equivalency to continuing education requirements as determined by the commission;
(3) Restoration of forfeited license; and
(4) Reinstatement of license due to disciplinary action, as determined by the commission;
subject to the contract with the testing service and submission of application and approval prior to application for the examination. [L 1973, c 131, pt of §3; am L 1981, c 23, §1; am L 1982, c 270, §3; am L 1994, c 100, §7; am L 1999, c 240, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-10 Form of licenses, registrations, and certificates.

§467-10 Form of licenses, registrations, and certificates.
The form of every license, registration, and certificate shall be prescribed by the commission, and shall be issued in the name of the commission. [L 1933, c 140, §9; RL 1935, §7318; am L 1935, c 126, §1; RL 1945, §7739; RL 1955, §170-9; HRS §467-10; gen ch 1993; am L 1994, c 100, §8]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-11.5 Prerequisites for license renewal.

§467-11.5 Prerequisites for license renewal.
(a) Prior to the license renewal of a real estate broker or real estate salesperson, the licensee shall provide the commission with proof of having attended at least twenty hours of continuing education or its equivalent as determined by the commission during the two-year period preceding the application for renewal. Failure to satisfy the continuing education requirement by the license expiration date shall result in the renewed license being automatically placed on an "inactive" status.
(b) To reactivate a license which has been placed on an "inactive" status, the licensee shall submit to the commission proof of having satisfied the continuing education requirement of this section, a complete application setting forth the information as may be prescribed or required by the commission, and payment of the proper fee.
(c) No license shall be renewed if the license trade name, partnership, or corporation is not currently registered with the department of commerce and consumer affairs.
(d) Upon submission of a renewal application, an individual real estate licensee, who holds a current, unencumbered real estate license in another state, or who holds a current, unencumbered real estate license in a jurisdiction recognized by the Association of Real Estate License Law Officials, with an equivalent real estate licensing law as determined by the commission, may request a determination of equivalency for the elective course hours of the continuing education requirement. The equivalency shall be based on the successful completion of the continuing education requirements in the other state or jurisdiction prior to submission of the renewal application. Approval of the equivalency shall be subject to the real estate licensee completing the commission-designated core course, as determined by the commission. [L 1987, c 95, § §1, 3; am L 1989, c 217, §2; am L 1994, c 68, §1; am L 1995, c 241, § §5, 11; am L 1996, c 149, §1; am L 1997, c 289, §3; am L 1999, c 47, §3; am L 2002, c 129, §4; am L 2010, c 9, §2]
Note
$25 fee for equivalency determination application. L 2002, c 129, §7.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-12 Place of business and posting of license.

§467-12 Place of business and posting of license.
(a) A licensed real estate broker shall have and maintain a definite place of business in the State, in compliance with this chapter and the rules of the commission, and shall display therein the real estate broker's license and upon request make available any associating real estate salesperson's license.
(b) No real estate broker's branch office shall operate without a registration previously obtained under and in compliance with this chapter and the rules of the commission. [L 1953, c 252, §3; RL 1955, §170-11; HRS §467-12; am L 1991, c 155, §3; am L 1999, c 240, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-13 Delivery of agreement.

§467-13 Delivery of agreement.
When a licensee prepares or has prepared an agreement authorizing the licensee to perform any of the acts for which the licensee is required to hold a license, or when such licensee secures the signature of any party or parties to any contract pertaining to such services or transaction, the licensee shall deliver a copy of the agreement or contract to the party or parties signing it, at the time the signature is obtained; provided that only one copy need be delivered to parties signing as cotenants. [L 1957, c 112, §1; Supp, §170-11.5; HRS §467-13; am L 1977, c 197, §1(4); gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-15 Hearings.

§467-15
Hearings.
In every case where it is proposed to revoke or suspend the exercise of any license, fine any person holding a license, registration, or certificate, terminate any registration or certificate, or take any other action authorized by law, for any of the causes enumerated in section 467-14, the person concerned shall be given notice and hearing in conformity with chapter 91.
In all proceedings before it, the commission and each member thereof shall have the same powers respecting administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining witnesses, as are possessed by circuit courts. In cases of disobedience by any person of any order of the commission, or any member thereof, or of any subpoena issued by it, or the member, or the refusal of any witness to testify to any matter to which the witness may be questioned lawfully, any circuit judge, on application by the commission, or a member thereof, shall compel obedience as in the case of disobedience of the requirements of a subpoena issued by a circuit court, or a refusal to testify therein. [L 1951, c 77, §6; RL 1955, §170-13; am L 1965, c 96, §112; HRS §467-15; am L 1973, c 31, pt of §21; gen ch 1985; am L 1986, c 106, §2; am L 1994, c 100, §9; am L 1995, c 241, §7]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 467. Real Estate Brokers and Salespersons › 467-15.5 License issued after a revocation or automatic termination.

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