reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 14 - CONTINUING EDUCATION › Section 16-79-144 - Biennial renewal

Current through June, 2024
At the time of the biennial renewal, not later than December
				  31 of each odd-numbered year, each licensee shall have completed the CE program
				  requirements for the two calendar years preceding the renewal date as
				  follows:
(1) Licensed dentist:
(A) Dentists initially licensed in the first
				year of the biennium shall have completed sixteen CE hours;
(B) Dentists initially licensed in the second
				year of the biennium shall not be required to complete any CE hours;
				and
(C) All other dentists shall
				have completed thirty-two CE hours.
(D) In addition to subsections (A), (B), or
				(C) above, after January 1, 2016, each licensee who is a dentist shall complete
				at least three hours of ethics training per year.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 14 - CONTINUING EDUCATION › Section 16-79-145 - Record keeping

Current through June, 2024
(a) Licensees shall
				maintain original documentation showing evidence of attendance for four years
				after completion of any CE course.
(b) Evidence of attendance from the
				sponsoring organization approved by the board may include the following:
(1) The certificate of attendance;
(2) The name of the licensee;
(3) The name of the eligible course or
				program;
(4) The name of the
				sponsoring organization;
(5) The
				date and place where the course or program was held; and
(6) The number of the eligible credit hours.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 14 - CONTINUING EDUCATION › Section 16-79-146 - Certification of compliance and audit

Current through June, 2024
(a) At the time of
				renewal, each licensee shall certify on the renewal application that the
				licensee has satisfied all of the CE requirements.
(b) The board may audit and shall require any
				licensee to submit copies of the original documents or evidence of attendance
				to be attached to the summary form provided by the board. The board may require
				additional evidence demonstrating the licensee's compliance with the CE
				requirements.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 14 - CONTINUING EDUCATION › Section 16-79-147 - Waiver or modification of requirements

Current through June, 2024
(a) Any licensee
				seeking renewal of license without full compliance of the CE requirements shall
				submit:
(1) A written request for waiver or
				modification of the CE requirements, with an explanation why the waiver or
				modification is being sought; and
(2) Other supporting documents.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 79 - DENTISTS AND DENTAL HYGIENISTS › Subchapter 14 - CONTINUING EDUCATION › Section 16-79-148 - Penalty for false certification

Current through June, 2024
A false certification to the board by a licensee shall be
				  deemed a violation of this chapter and chapters
				  447 and
				  448,
				  HRS, as applicable, and subject the licensee to disciplinary
				  proceedings."
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 80 - ELECTRICIANS AND PLUMBERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-80-1 - Objective

Current through June, 2024
This chapter adopted by the board of electricians and
				  plumbers, hereafter referred to as "board," is intended to clarify and
				  implement chapter
				  448E, Hawaii Revised Statutes, and
				  to insure the safety and welfare of the general public.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 80 - ELECTRICIANS AND PLUMBERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-80-2 - Scope

Current through June, 2024
(a) The provisions of this chapter shall
				apply to all persons who act as an electrician or plumber and who are required
				by chapter
				448E, HRS, to be licensed by the
				board. Pursuant to chapter
				448E, HRS, those persons who are
				required to be licensed by the board are as follows:
(1) Journey worker electrician;
(2) Journey worker industrial
				electrician;
(3) Journey worker
				specialty electrician;
(4)
				Maintenance electrician;
(5)
				Supervising electrician;
(6)
				Supervising industrial electrician;
(7) Supervising specialty
				electrician;
(8) Journey worker
				plumber; and
(9) Master
				plumber.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 80 - ELECTRICIANS AND PLUMBERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-80-5 - Applications and examinations required

Current through June, 2024
(1) No license
				shall be issued to any person unless such person applies for, takes, and passes
				a written examination as prescribed by the board for the license applied
				for;
(2) An application filed with
				the board shall be prepared in accordance with and contain the information
				called for in the application form provided by the board and any instructions
				which are required by the board with respect to filing;
(3) The applicant shall submit documentary
				proof satisfactory to the board that the applicant has the experience as
				required for examination;
(4)
				Applications accompanied with all the required information and documents shall
				be filed not less than seven days prior to the board meeting date;
				and
(5) An application shall be
				deemed abandoned and shall be destroyed if, after two consecutive years, the
				applicant fails to provide the board evidence of the applicant's continued
				efforts to complete the licensure process, which includes but is not limited to
				the filing of forms or requested documentation, passage of examinations, and
				payment of fees.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 80 - ELECTRICIANS AND PLUMBERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-80-6 - Fees; renewals; restoration

Current through June, 2024
(a) All fees
				required under chapter
				448E, HRS, and this chapter shall be
				provided in rules adopted by the director pursuant to chapter
				91, HRS.
(b) The triennial renewal fee and compliance
				resolution fund fees shall be paid by plumbers to the board on or before July 1
				of every third year effective with the June 30, 2006 renewal.
(c) The triennial renewal fee and compliance
				resolution fund fees shall be paid by electricians to the board on or before
				July 1 of every third year effective with the July 1, 1996 renewal.
(d) The failure, neglect, or refusal of any
				licensee to pay these fees, or to meet the continued competency requirements of
				section
				448E-8.5,
				HRS, before the renewal date shall constitute a forfeiture of the licensee's
				license.
(e) Renewal fees paid by
				mail shall not be considered delinquent if the envelope is postmarked by the
				United States Postal Service before July 1 of the year in which the fees are
				due.
(f) Any forfeited license may
				be restored by filing the form provided by the board, along with all required
				documents, meeting the continued competency requirements of section
				448E-8.5,
				HRS, and by paying the applicable renewal and penalty fees within one year from
				the date of forfeiture.
(g) Failure
				to restore a forfeited license within one year from the date of forfeiture
				shall require a person to file as a new applicant. The board may waive the
				requirement to retake the examination where the person failed, for good and
				valid reasons, to restore a license within the one year after the date of
				forfeiture. Good and valid reasons shall be determined and approved by the
				board.
(h) For purposes of this
				chapter, the dishonoring of any check upon first deposit shall constitute a
				failure to meet the fee requirements.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 80 - ELECTRICIANS AND PLUMBERS › Subchapter 2 - PRACTICE AND PROCEDURE › Section 16-80-10 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for electricians and
				  plumbers shall be as provided in chapter 16-201, the rules of practice and
				  procedure of the department, which are incorporated by reference and made part
				  of this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 80 - ELECTRICIANS AND PLUMBERS › Subchapter 3 - ORAL TESTIMONY › Section 16-80-14 - Oral testimony

Current through June, 2024
(a) The board shall
				accept oral testimony on any item which is on the agenda, provided that the
				testimony shall be subject to the following conditions:
(1) Each person seeking to present oral
				testimony shall notify the board not later than forty-eight hours prior to the
				meeting, and at that time shall state the item on which testimony is to be
				presented;
(2) The board may
				request that any person providing oral testimony submit the remarks, or a
				summary of the remarks, in writing to the board;
(3) The board may rearrange the items on the
				agenda for the purpose of providing for the most efficient and convenient
				presentation of oral testimony;
(4)
				Persons presenting oral testimony at the beginning of the testimony shall
				identify themselves and the organization, if any, that they
				represent;
(5) The board may limit
				oral testimony to a specified time period but in no case shall the period be
				less than five minutes, and the person testifying shall be informed prior to
				the commencement of the testimony of the time constraints to be imposed;
				and
(6) The board may refuse to
				hear any testimony which is irrelevant, or immaterial, or unduly repetitious to
				the agenda item on which it is presented.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 81 - ELEVATOR MECHANICS › Subchapter 1 - GENERAL PROVISIONS › Section 16-81-2 - Scope

Current through June, 2024
The provisions of this chapter shall apply to any person who
				  acts as an elevator mechanic or an apprentice elevator mechanic and who is
				  required by chapter
				  448H, HRS, to be licensed or
				  registered by the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 81 - ELEVATOR MECHANICS › Subchapter 1 - GENERAL PROVISIONS › Section 16-81-3 - Definitions

Current through June, 2024
As used in this chapter:
"Apprentice" or "apprentice elevator mechanic" means any
				  person who is in training to acquire the skills to become an elevator mechanic
				  and who is required to work for at least two years under an elevator mechanic's
				  supervision as defined in this chapter.
"Board" means the elevator mechanics licensing board created
				  by chapter
				  448H, HRS
"Department" means the department of commerce and consumer
				  affairs.
"Direct supervision" means that a licensed elevator mechanic
				  is on the premises where the work is being performed and is supervising and
				  directing the work of the apprentice.
"Elevator mechanic" means any person who engages in the
				  construction, reconstruction, alteration, maintenance, mechanical, or
				  electrical work or adjustments of any elevator, dumbwaiter, stage lift,
				  mechanized parking garage elevator, escalator, moving walk or ramp, manlift
				  including any construction, reconstruction, alteration, or adjustment of the
				  structure or facility of which the same may be a part or to which the same may
				  be attached, necessary for proper completion of the work on the elevator,
				  dumbwaiter, stage lift, mechanized parking garage elevator, escalator, moving
				  walk or ramp, or manlift.
"General supervision" means that a licensed elevator
				  mechanic is supervising the apprentice and is in the same or adjacent building
				  or buildings, or that the apprentice is in the immediate vicinity of the
				  licensed elevator mechanic on the maintenance route. General supervision
				  applies only to work by the apprentice elevator mechanic which involves
				  cleaning, oiling, greasing, and painting.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 81 - ELEVATOR MECHANICS › Subchapter 1 - GENERAL PROVISIONS › Section 16-81-4 - License required

Current through June, 2024
(a) No person,
				except as allowed under sections 16-81-5 and 16-81-7, shall operate or practice
				as an elevator mechanic or apprentice elevator mechanic unless that person is
				licensed or registered under chapter
				448H, HRS and this chapter. However,
				the following interior cab work shall not be considered "elevator mechanic"
				work provided such work is performed in compliance with all applicable laws and
				rules of the department of labor and industrial relations, is performed by
				appropriately licensed contractors, and does not penetrate the interior cab
				shell or adversely affect the operation or safety of the elevator:
(1) Routine janitorial cleaning such as
				vacuuming and polishing;
(2)
				Painting and any work related to the preparation of the cab interior to be
				painted; or
(3) Flooring and any
				work related to the preparation of the flooring surface to which materials,
				such as carpeting, will be adhered.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 81 - ELEVATOR MECHANICS › Subchapter 1 - GENERAL PROVISIONS › Section 16-81-5 - Apprentices; registration required

Current through June, 2024
(a) All apprentice
				elevator mechanics shall be registered with the board.
(b) An apprentice elevator mechanic may
				perform the work of an elevator mechanic without a license under chapter
				448H, HRS; provided that the
				apprentice elevator mechanic is under the direct supervision of a licensed
				elevator mechanic on the premises where the work is being performed. Where the
				work involves only cleaning, oiling, greasing, and painting, the apprentice may
				work alone under the general supervision of the licensed elevator mechanic in
				the same or adjacent building, or buildings, or in the immediate vicinity of
				the licensed elevator mechanic on the maintenance route.
(c) An applicant for registration as an
				apprentice elevator mechanic shall submit a complete application form, and
				submit the appropriate fees.
(d) An
				apprentice elevator mechanic shall complete a minimum of two years of work
				experience before applying for the elevator mechanic's examination and license.
				The starting date of the two-year experience requirement shall be the recorded
				date of registration as an apprentice elevator mechanic with the
				board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 81 - ELEVATOR MECHANICS › Subchapter 1 - GENERAL PROVISIONS › Section 16-81-6 - Application for examination

Current through June, 2024
(a) An application
				for examination shall be filed with the board in accordance with and contain
				the information prescribed for in the board's application.
(b) If applicable, the application for
				examination shall state that the applicant is presently working under a
				temporary permit as an elevator mechanic.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 81 - ELEVATOR MECHANICS › Subchapter 1 - GENERAL PROVISIONS › Section 16-81-7 - Temporary permits

Current through June, 2024
(a) A temporary
				permit may be issued only where there is a shortage of licensed elevator
				mechanics in this State.
(b) A
				temporary permit may be issued for a three-month period or for the duration of
				time required to complete the particular job for which the permit was issued,
				whichever is longer. A maximum of two consecutive temporary permits may be
				issued to any one individual.
(c)
				An applicant for a temporary permit shall submit to the board:
(1) Documented proof that the applicant has
				previously passed the examination given by the joint examining committee of the
				National Elevator Industry Education Program or has previously passed an
				Elevator Constructors Union test prior to the initiation of the test given by
				the joint examining committee;
(2)
				The date of passing the above-mentioned examination and the test score attained
				which must be certified by a competent authority. In the event that the test
				score is unavailable, other documentary proof that the person has passed the
				examination may be accepted by the board; and
(3) Verification of the applicant's
				experience as an elevator mechanic by one or more employers on a form
				prescribed by the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 81 - ELEVATOR MECHANICS › Subchapter 1 - GENERAL PROVISIONS › Section 16-81-8 - Elevator mechanics license examination

Current through June, 2024
(a) No license
				shall be issued to any person unless the person has successfully passed a
				written examination prescribed by the board.
(b) The elevator mechanics license
				examination shall be developed by a professional testing agency with the
				approval of the board and shall be given on a quarterly basis. Examinations
				shall be given at other times in emergencies, including labor disputes, where
				there is a shortage of licensed elevator mechanics in the State.
(c) The examination shall be conducted in
				accordance with the procedures of the testing agency as approved by the board.
				Any misconduct by the applicant during an examination shall be prohibited and
				subject to action by the board. Acts of misconduct during an examination
				include, but are not limited to, any of the following:
(1) Failure to follow examination
				instructions or procedures;
(2)
				Communication between applicants or with others inside or outside of the
				examination room;
(3) Copying
				another applicant's answers or allowing one's answers to be copied;
(4) Allowing another person to sit in the
				examination room and take the examination for the applicant;
(5) Reference to crib sheets, outlines,
				textbooks, or other materials inside or outside of the examination
				room;
(6) Leaving the examination
				room without prior approval; or
(7)
				Removal of any examination booklet, answer booklet, answer sheet, or workpapers
				from the examination room at any time.
Action by the board may include invalidating the entire
				  examination and suspending the applicant from taking the examination again for
				  a period of up to one year. Prior to imposing any action under this subsection,
				  the applicant shall be afforded an opportunity to appear before the
				  board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 81 - ELEVATOR MECHANICS › Subchapter 1 - GENERAL PROVISIONS › Section 16-81-10 - Renewal of license

Current through June, 2024
(a) A license shall
				be renewed on or before June 30 of every even-numbered year. To renew a
				license, a licensee shall timely submit a renewal application and the
				applicable renewal fees.
(b)
				Renewal fees paid by mail shall not be considered delinquent if the envelope is
				postmarked by the United States Postal Service before July 1 of the year in
				which the fees are due.
(c) Failure
				to renew a license by the renewal deadline date shall cause a license to be
				forfeited. Continuing to perform work as an elevator mechanic shall constitute
				unlicensed activity. At a minimum, any person who engages in unlicensed
				activity shall be subject to section
				448H-10, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 81 - ELEVATOR MECHANICS › Subchapter 1 - GENERAL PROVISIONS › Section 16-81-11 - Restoration of license

Current through June, 2024
(a) A forfeited
				license may be restored by filing the form provided by the board, along with
				all required documents, and by paying the applicable renewal and penalty
				fees.
(b) Failure to restore a
				forfeited license a year from the date of forfeiture shall require a person to
				file as a new applicant for licensure as specified in section
				16-81-4.
(c) The board may waive
				the requirement to retake the exam where the person failed, for good and valid
				reasons, to restore a license more than a year after the date of forfeiture.
				Good and valid reasons shall be determined and approved by the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 81 - ELEVATOR MECHANICS › Subchapter 1 - GENERAL PROVISIONS › Section 16-81-12 - Workmanship

Current through June, 2024
All work performed by a licensed elevator mechanic or an
				  apprentice elevator mechanic shall conform to industry standards. Industry
				  standards include, but are not limited to, the appropriate elevator,
				  electrical, and safety codes of the State and the counties.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 81 - ELEVATOR MECHANICS › Subchapter 3 - ORAL TESTIMONY › Section 16-81-17 - Oral testimony

Current through June, 2024
(a) The board shall
				accept oral testimony on any item which is on the board's agenda, provided that
				the testimony shall be subject to the following conditions:
(1) Any person seeking to present oral
				testimony shall notify the board no later than forty-eight hours prior to the
				meeting, and shall clearly state the item on which testimony is to be
				presented;
(2) The board may
				request that any person providing oral testimony submit the remarks, or a
				summary of the remarks, in writing to the board;
(3) The board may rearrange the items on the
				agenda for the purpose of providing for the most efficient and convenient
				presentation of oral testimony;
(4)
				Persons presenting oral testimony shall, at the beginning of the testimony,
				identify themselves and the organization, if any, that they
				represent;
(5) The board may limit
				oral testimony to a specified time period but in no case shall the period be
				less than five minutes, and the person testifying shall be informed prior to
				the commencement of the testimony of the time constraints to be imposed;
				and
(6) The board may refuse to
				hear any testimony which is irrelevant, immaterial, or unduly repetitious to
				the agenda item on which it is presented.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 81 - ELEVATOR MECHANICS › Subchapter 5 - HEARINGS › Section 16-81-23 - Denial

Current through June, 2024
If an application for registration as an apprentice,
				  admission to examination, issuance of a license, renewal of a license, or
				  restoration of a license is denied by the board, the applicant or licensee
				  shall be notified by letter of the board's action. The letter shall include a
				  concise statement of the reasons for the denial and a statement informing the
				  applicant or licensee of the right to a hearing if so
				  desired.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 81 - ELEVATOR MECHANICS › Subchapter 5 - HEARINGS › Section 16-81-24 - Petition for hearing relief

Current through June, 2024
Any person whose application for registration as an
				  apprentice, admission to examination, issuance of a license, renewal of a
				  license, or restoration of a license has been denied by the board may petition
				  for hearing relief pursuant to chapter 16-201, administrative practice and
				  procedure, provided that the petition for hearing relief is filed with the
				  board within sixty days of the date of the denial.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 81 - ELEVATOR MECHANICS › Subchapter 5 - HEARINGS › Section 16-81-25 - Proceedings upon petition for hearing relief

Current through June, 2024
If a petition for hearing relief is filed within the time
				  prescribed pursuant to section
				  16-81-24, the board shall order a
				  hearing pursuant to chapter 16-201, administrative practice and
				  procedure.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 81 - ELEVATOR MECHANICS › Subchapter 6 - DENIAL OF REGISTRATION OR APPLICATION; REFUSAL TO ISSUE, RENEW, OR RESTORE LICENSE; FINE, REVOCATION, OR SUSPENSION OF LICENSE › Section 16-81-29 - Denial of registration or application; refusal to issue, renew, or restore, license; fine, revocation, or suspension of license

Current through June, 2024
The following shall constitute grounds for the board to deny
				  an application, refuse to issue a license, suspend or revoke a license, fine,
				  refuse to renew a license, or refuse to restore a license:
(1) Failure of any person to comply with
				chapter
				448H, HRS, or this
				chapter;
(2) Presentation to the
				board of any certification, documentation, testimony, or information which was
				untrue in any material respect or illegally or fraudulently obtained, or when
				fraud or deceit has been practiced in obtaining any license, permit, or
				registration under this chapter or in passing an examination;
(3) Presently suffering from habituation to
				drugs or alcohol which is directly related and detrimental to a person's
				performance as an elevator mechanic or apprentice elevator mechanic;
(4) Failure of a licensee to adequately
				supervise the work of any apprentice working under the licensee;
(5) Allowance by an employer or supervising
				elevator mechanic, of a person who is not registered with the board as an
				apprentice to perform any work required to be performed by a licensed elevator
				mechanic or apprentice elevator mechanic;
(6) Allowance by an employer of any person
				who is not licensed with the board to perform any work required to be performed
				by a licensed elevator mechanic;
(7) Failure to renew or restore a license and
				continuing to perform work as an elevator mechanic; and
(8) Conduct or practice contrary to industry
				standards.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 83 - HEARING AID DEALERS AND FITTERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-83-1 - Objective

Current through June, 2024
This chapter is intended to clarify and implement chapter
				  451A, Hawaii Revised Statutes, to the end that the provisions thereunder may be
				  best effectuated and the public interest most effectively
				  served.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 83 - HEARING AID DEALERS AND FITTERS › Subchapter 1 - GENERAL PROVISIONS › Section 16-83-2 - Definitions

Current through June, 2024
As used in this chapter:
"Branch office" means any office, facility, or space from
				  which the business of providing hearing aid services is conducted regularly and
				  on a continuing basis away from the principal place of business.
"Direct supervision" means a licensed hearing aid dealer and
				  fitter being physically present to oversee and be responsible for all work
				  performed within the office, facility, or space from which the business of
				  providing hearing aid services is conducted.
"Hearing aid dealer" means a person engaged in the sale,
				  lease, or rental of hearing aids to any member of the consuming public, or an
				  employee, agent, salesperson, or representative of the person, or both.
"Hearing aid fitter" means any person engaged in the testing
				  for the proper selection of a hearing aid for an individual user, the fitting
				  of a hearing aid to the individual, and the sale of the hearing aid.
"Person" means individuals, partnerships, corporations,
				  associations, or public or private organizations of any character other than
				  government agencies.
"Practice of dealing and fitting of hearing aids" means the
				  measurement of human hearing by an audiometer solely for the purpose of making
				  selections, adaptations, or sales of hearing aids or the manufacture of
				  impressions for earmolds, and, at the request of a physician or a member of a
				  profession related to the practice of medicine and surgery, the administrations
				  of audiograms for use in consultations with the hard-of-hearing.
"Principal place of business" means any office, facility, or
				  space from which the business of providing hearing aid services is conducted.
				  No person, other than a licensee, shall own, maintain, operate, manage or
				  conduct as manager, a place where hearing aid services are performed, except as
				  provided in section
				  451A-18,
				  HRS.
"Record" means medical authorization, waiver, and
				  audiogram.
"Sale" means the sale, lease, rent, or transfer of title,
				  interest, or possession of any hearing aid, except transactions with
				  distributors or dealers.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 83 - HEARING AID DEALERS AND FITTERS › Subchapter 2 - HEARING AID DEVICES: CONDITIONS FOR SALE › Section 16-83-3 - Warning to hearing aid dealers and fitters

Current through June, 2024
(a) A hearing aid
				dealer and fitter shall advise a prospective hearing aid user to consult
				promptly with a licensed physician before dispensing a hearing aid if the
				hearing aid dealer and fitter determines through inquiry, actual observation,
				or review of any other available information concerning the prospective user,
				that the prospective user has any of the following conditions:
(1) Visible congenital or traumatic deformity
				of the ear;
(2) History of active
				drainage from the ear within the previous ninety days;
(3) History of sudden or rapidly progressive
				hearing loss within the previous ninety days;
(4) Acute or chronic dizziness;
(5) Unilateral hearing loss;
(6) Audiometric air-bone gap equal to or
				greater than fifteen decibels at two or more of the frequencies tested between
				two hundred fifty hertz (Hz) and two thousand Hz;
(7) Visible evidence of significant cerumen
				accumulation or a foreign body in the ear canal; or
(8) Pain or discomfort in the ear.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 83 - HEARING AID DEALERS AND FITTERS › Subchapter 2 - HEARING AID DEVICES: CONDITIONS FOR SALE › Section 16-83-4 - Medical evaluation

Current through June, 2024
A hearing aid dealer and fitter shall not sell a hearing aid
				  unless the prospective user has presented to the hearing aid dealer a written
				  statement signed by a licensed physician, preferably an otorhinolaryngologist,
				  that the patient's hearing loss has been medically evaluated or the prospective
				  user signs a waiver of the medical evaluation. The medical evaluation must have
				  taken place within the preceding six months prior to the date of sale, barter,
				  offer, or commencement of a commercial relationship, and in the case of a child
				  seventeen years of age or under shall have been performed by an
				  otorhinolaryngologist.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 83 - HEARING AID DEALERS AND FITTERS › Subchapter 2 - HEARING AID DEVICES: CONDITIONS FOR SALE › Section 16-83-5 - Purpose of hearing test

Current through June, 2024
The principal purpose of giving a hearing test shall be for
				  making selections, adaptations, or sales of hearing aids or the manufacture of
				  impressions for earmold, and, at the request of a physician or a member of a
				  profession related to the practice of medicine and surgery, the administration
				  of audiograms for use in consultation with the hearing
				  impaired.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 83 - HEARING AID DEALERS AND FITTERS › Subchapter 2 - HEARING AID DEVICES: CONDITIONS FOR SALE › Section 16-83-6 - Opportunity to review user instructional brochure

Current through June, 2024
Before the sale of a hearing aid to a prospective user, the
				  hearing aid dealer and fitter shall:
(1) Provide the prospective user with a copy
				of the user instructional brochure for a hearing aid that has been selected for
				the prospective user;
(2) Review
				the content of the user instructional brochure with the prospective user
				orally, or in the predominate method of communications used during the sale;
				and
(3) Afford the prospective user
				an opportunity to read the user instructional brochure.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 83 - HEARING AID DEALERS AND FITTERS › Subchapter 2 - HEARING AID DEVICES: CONDITIONS FOR SALE › Section 16-83-7 - Availability of user instructional brochure

Current through June, 2024
Upon request by an individual who is considering purchase of
				  a hearing aid, a dealer and fitter, with respect to any hearing aid that the
				  dealer and fitter dispenses, shall provide a copy of the user instructional
				  brochure for the hearing aid.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 83 - HEARING AID DEALERS AND FITTERS › Subchapter 2 - HEARING AID DEVICES: CONDITIONS FOR SALE › Section 16-83-8 - Record keeping

Current through June, 2024
The hearing aid dealer and fitter shall retain for five
				  years after the dispensing of a hearing aid a copy of any written statement
				  from a physician required under section
				  16-83-4 or waivers as required
				  under sections
				  451A-5(9)
				  and
				  451A-14.1,
				  HRS. The book, file, or microfilm of the authorizations and statements shall at
				  all times be open to inspection by the board of hearing aid dealers and fitters
				  and other law enforcement agencies.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 83 - HEARING AID DEALERS AND FITTERS › Subchapter 3 - APPLICATIONS › Section 16-83-12 - Forms and instructions

Current through June, 2024
(a) An application
				for license or permit shall be made under oath on forms provided by the board
				and shall not be considered complete unless accompanied with the required
				documentation and fees. It shall be each applicant's responsibility to furnish
				all information and any documentation requested by the board.
(b) The application form may require the
				applicant to provide the following:
(1) The
				applicant's full name;
(2) A
				statement that the applicant has attained the age of majority;
(3) The applicant's current business or
				mailing address for publication, and the applicant's current residence
				address;
(4) The applicant's social
				security number;
(5) The
				applicant's educational history and evidence of the education;
(6) The date and place of any conviction of a
				crime in which a jail sentence was imposed, unless the conviction has been
				expunged or annulled or is otherwise precluded from consideration by section
				831-3.1,
				HRS;
(7) The state(s) or
				jurisdiction(s) in which the applicant is currently licensed, and any
				information regarding any disciplinary proceedings or disciplinary actions
				taken by any state or jurisdiction against the license;
(8) A statement that the applicant is a
				United States citizen or an alien authorized to work in the United
				States;
(9) The name, license
				number, and place of business of the hearing aid dealer and fitter who will be
				supervising the training of a person issued a temporary permit;
(10) The applicant's intended business
				address either as an employee or an owner of the business; and
(11) Any other information the board may
				require to investigate the applicant's qualifications for license or
				permit.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 83 - HEARING AID DEALERS AND FITTERS › Subchapter 3 - APPLICATIONS › Section 16-83-13 - Application for license

Current through June, 2024
(a) An application
				to engage in the business of dealing and fitting of hearing aids shall be filed
				with the board and shall be accompanied by the required fee.
(b) The board may delegate to the executive
				secretary, to an application review committee comprised of at least one board
				member, or to both, the authority to review the sufficiency of qualifications
				for admission to the examination for licensure, and report the findings or
				actions to the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 83 - HEARING AID DEALERS AND FITTERS › Subchapter 3 - APPLICATIONS › Section 16-83-14 - Application for temporary permit

Current through June, 2024
(a) An application
				for a temporary permit to engage in the business of dealing and fitting of
				hearing aids under the direct supervision of a licensed hearing aid dealer and
				fitter shall be filed with the board at any time and shall be accompanied by
				the required fee. The board may delegate to the board's executive secretary the
				authority to issue a temporary permit to qualified applicants which shall be
				good for one year.
(b) In the event
				the holder of a temporary permit has not passed the examination within one year
				from the date of issuance, the executive secretary may reissue the temporary
				permit once upon written request and payment of the required fee.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 83 - HEARING AID DEALERS AND FITTERS › Subchapter 3 - APPLICATIONS › Section 16-83-16 - Denial of application

Current through June, 2024
In the event an application is denied, the board shall
				  notify the applicant in writing of the board's action, which shall include a
				  concise statement of the reasons and a statement informing the applicant of the
				  rights to a hearing if so desired.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 83 - HEARING AID DEALERS AND FITTERS › Subchapter 4 - LICENSE REQUIREMENTS › Section 16-83-20 - Educational qualifications

Current through June, 2024
The board shall accept:
(1) A photostat or certified copy of a
				diploma or certificate of graduation from high school;
(2) A certified photostatic copy of a
				transcript of high school record;
(3) In the absence of paragraphs (1) and (2),
				a statement from the department of education certifying that the equivalent of
				a high school education has been completed; or
(4) In lieu of paragraphs (1), (2), and (3),
				a photostatic or certified copy of a diploma or certificate of graduation from
				a college or university accredited by a regional or national accrediting body
				recognized by the United States Department of Education.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 83 - HEARING AID DEALERS AND FITTERS › Subchapter 5 - EXAMINATION › Section 16-83-27 - Licensing examination

Current through June, 2024
(a) An applicant
				shall be required to take and pass a licensing examination which shall consist
				of a written and a practical portion. The written portion shall assess the
				applicant's knowledge of the following areas:
(1) Acoustics: general principles;
(2) Frequency, pitch, and tone quality of
				sound;
(3) Intensity and loudness
				of sound;
(4) Acoustics: hearing
				and speech;
(5) The human ear:
				external and middle ear;
(6) The
				human ear: inner ear;
(7) The
				hearing process;
(8) Disorders of
				hearing: conductive;
(9) Disorders
				of hearing: sensori-neural, central, non-organic;
(10) Pure-tone audiometry: theory;
(11) Pure-tone audiometry: air
				conduction;
(12) Pure-tone
				audiometry: bone conduction;
(13)
				Speech audiometry;
(14) The hearing
				analysis: the audiogram;
(15) The
				hearing analysis: the auditory area;
(16) An introduction to
				electronics;
(17) Hearing aids:
				history;
(18) Hearing aids:
				characteristics and components;
(19) Hearing aid fitting, part I;
(20) Hearing aid fitting, part II;
(21) The earmold; and
(22) Delivery and check-up.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 83 - HEARING AID DEALERS AND FITTERS › Subchapter 5 - EXAMINATION › Section 16-83-32 - Reexamination

Current through June, 2024
(a) An applicant who fails to attain a
				passing score in each section of the written and practical portions of the
				licensing examination shall be given credit for the sections passed and shall
				be permitted to be reexamined within the next two scheduled
				examinations.
(b) If the applicant
				fails to pass all sections of the written and practical portions of the
				licensing examination within the next two scheduled examinations, the applicant
				will lose the credits granted for the sections in which a passing score was
				attained and the applicant shall be required to refile an application for
				examination as a new applicant.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 83 - HEARING AID DEALERS AND FITTERS › Subchapter 6 - ADVERTISING › Section 16-83-37 - Restrictions of terms

Current through June, 2024
In the text of all advertisements, promotional literature,
				  or any matter for public consumption in all media, such terms as "free," "no
				  charge," and other similar terms which convey a gratis relationship, shall only
				  be used when:
(1) The ad lists the
				items or services for which the candidate for a hearing aid may be charged and
				the items or services for which there will be no charge; and
(2) The print size of the items or services
				for which there may be a charge or for which there will be no charge shall be
				of equal or larger print size as the largest sized letter used in the word
				"free," "no charge," and other similar terms which convey a gratis
				relationship.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 83 - HEARING AID DEALERS AND FITTERS › Subchapter 7 - ORAL TESTIMONY › Section 16-83-41 - Oral testimony

Current through June, 2024
(a) The board shall
				accept oral testimony on any item which is on the board's agenda, provided that
				the testimony shall be subject to the following conditions:
(1) Each person seeking to present oral
				testimony shall so notify the board not later than forty-eight hours prior to
				the meeting, and at that time shall state the item on which testimony is to be
				presented;
(2) The board may
				request that any person providing oral testimony submit the remarks, or a
				summary of the remarks, in writing to the board;
(3) The board may rearrange the items on the
				agenda for the purpose of providing for the most efficient and convenient
				presentation of oral testimony;
(4)
				Persons presenting oral testimony shall, at the beginning of the testimony,
				identify themselves and the organization, if any, that they
				represent;
(5) The board may limit
				oral testimony to a specified time period but in no case shall the period be
				less than five minutes, and the person testifying shall be informed prior to
				the commencement of the testimony of the time constraints to be imposed;
				and
(6) The board may refuse to
				hear any testimony which is irrelevant, immaterial, or unduly repetitious to
				the agenda item on which it is presented.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 83 - HEARING AID DEALERS AND FITTERS › Subchapter 8 - PRACTICE AND PROCEDURE › Section 16-83-46 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for hearing aid dealers
				  and fitters shall be as provided in chapter 16-201, the rules of practice and
				  procedure of the department of commerce and consumer affairs as adopted, and as
				  may subsequently be amended which are incorporated by reference and made a part
				  of this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 84 - MASSAGE THERAPY › Subchapter 1 - GENERAL PROVISIONS › Section 16-84-1 - Objective

Current through June, 2024
This chapter is intended to clarify and implement chapter
				  452, Hawaii Revised Statutes, to the end that the provisions thereunder may be
				  best effectuated and the public interest most effectively
				  served.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 84 - MASSAGE THERAPY › Subchapter 1 - GENERAL PROVISIONS › Section 16-84-2 - Definitions

Current through June, 2024
As used in this chapter:
"Apprentice" means a person who has been issued a permit by
				  the board to learn the practice of massage under the direct supervision of a
				  sponsoring massage therapist;
"Board" means the state board of massage;
"Direct supervision" means the control, direction, and
				  instruction of an apprentice by the sponsoring massage therapist who shall be
				  on the premises of the establishment when the apprentice is in training and
				  available to the apprentice during the apprentice training period;
"Establishment" means a massage establishment;
"Massage therapist" means a person licensed to practice
				  massage;
"Out-call massage service" means any business, which is to
				  engage in or carry on the practice of massage, not at a fixed location but at a
				  location designated by the customer, client, or service;
"Person" means an individual, partnership, or
				  corporation;
"Principal massage therapist" means a massage therapist
				  designated by an establishment and an out-call massage service as the person in
				  charge;
"Sponsoring massage therapist" means a massage therapist
				  licensed in this state for at least three years, employed by or registered with
				  a licensed massage establishment, and registered with the board as being the
				  person responsible for the direct supervision of an
				  apprentice.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 84 - MASSAGE THERAPY › Subchapter 2 - APPLICATIONS › Section 16-84-6 - License application for massage establishment and out-call massage service

Current through June, 2024
(a) Any person
				seeking a license for a massage establishment or out-call massage service shall
				submit an application on a form or forms prescribed by the board and shall
				submit names and addresses for:
(1) The
				establishment or out-call massage service;
(2) The principal massage therapist;
				and
(3) All persons connected with
				the establishment or out-call massage service in the capacity of proprietor,
				partner, or in the case of a corporation, officers and directors.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 84 - MASSAGE THERAPY › Subchapter 2 - APPLICATIONS › Section 16-84-7 - Application for examination or license, or both

Current through June, 2024
(a) Any
				person applying for examination or license to practice massage shall apply on
				forms prescribed by the board.
(b)
				The proper fee shall accompany the application.
(c) An applicant shall complete either the
				apprenticeship program as outlined in section 16-84-23 or the course of study
				as a massage student outlined in section 16-84-48 before the application for
				examination is filed.