reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 3 - APPLICATIONS › Section 16-98-16 - Examination waiver or temporary permit

Current through June, 2024
(a) An application
				for license or temporary permit may be filed at any time by a person who is
				certified or licensed to practice psychology in another state having standards
				equivalent to those set forth in subchapter
				5.
(b) The application shall be accompanied by
				the application and examination fees, of which the application fee shall not be
				refunded.
(c) The board shall
				determine the sufficiency of qualifications of applicants for examination
				waiver or for temporary permit as the case may be.
(d) An applicant shall be required to appear
				before the board for a personal interview.
(e) Applicants who are otherwise qualified
				shall be required to pass an examination covering chapter
				465, HRS, and the rules adopted
				thereunder.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 3 - APPLICATIONS › Section 16-98-17 - Denial

Current through June, 2024
In the event an application for license, reexamination, or
				  temporary permit is denied, the board shall notify the applicant by letter of
				  the board's action which shall include a concise statement of the reasons
				  therefor and a statement informing the applicant of the right to a hearing if
				  so desired.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 3 - APPLICATIONS › Section 16-98-18 - Demand for hearing

Current through June, 2024
Any person whose application for license, reexamination, or
				  temporary permit has been denied by the board shall be entitled to a hearing
				  after notice, provided that a demand for hearing is filed with the board within
				  sixty days of the date of mailing of the letter informing the applicant of the
				  denial of the application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 3 - APPLICATIONS › Section 16-98-19 - Proceedings upon demand for hearing

Current through June, 2024
If a demand for hearing is filed within the time prescribed,
				  the board shall order a hearing upon notice, which shall be conducted in accord
				  with the provisions of chapter 16-201 relating to contested cases and unless
				  the context otherwise requires, subchapter
				  6.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 3 - APPLICATIONS › Section 16-98-20 - Restoration

Current through June, 2024
A psychologist whose license has been suspended for failure
				  to renew may restore the license by filing an application for restoration and
				  paying the appropriate fees as provided in chapter 16-53.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 3 - APPLICATIONS › Section 16-98-21 - Inactive Status

Current through June, 2024
(a) A licensed
				psychologist who wishes to be placed on inactive status shall petition the
				board in writing and provide the following information:
(1) Name, current address, phone number,
				license number, and expiration date of license;
(2) Reason(s) and anticipated length of time
				on inactive status; and
(3)
				Forwarding address and phone number.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 4 - VALIDATION REQUIREMENTS › Section 16-98-23 - Examination and licensure

Current through June, 2024
(a) The applicant
				shall submit a photostat or certified copy of a doctoral degree in psychology
				or educational psychology and an official transcript from an approved program
				or an accredited institution. If the doctoral degree is not awarded to the
				applicant immediately upon graduation the applicant shall submit a notorized
				statement from the dean of the graduate division of the approved program or
				accredited institution from which the applicant graduated stating that the
				applicant is a holder of a doctoral degree in psychology or educational
				psychology, and the date the doctoral degree will be issued.
(b) The applicant who is a holder of a
				doctoral degree from an accredited institution shall submit letters signed by
				the supervisor under whom the applicant interned, specifying the dates of
				internship, hours of internship, and whether the supervisor is a licensed
				psychologist, a psychologist who holds a diplomate certificate issued by the
				ABPP, or the holder of a doctoral degree in psychology from an accredited
				institution who has had two years of postdoctoral experience in the work
				supervised.
(c) The applicant who
				is a holder of a doctoral degree from an accredited institution shall also
				submit letters signed by the supervisor under whom the applicant completed the
				postdoctoral experience, specifying the dates of the postdoctoral experience,
				hours of postdoctoral experience, and whether the supervisor is a licensed
				psychologist, a psychologist who holds a doctoral degree in psychology or
				educational psychology from an accredited institution, granted prior to 1970
				and is listed in the National Register of Health Service Providers in
				Psychology, or a diplomat, by examination, of the ABPP.
(d) The applicant shall submit a recent
				photograph showing the applicant's head and shoulders only, approximately 21/2"
				x 21/2" in size.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 4 - VALIDATION REQUIREMENTS › Section 16-98-24 - Licensure and issuance of license

Current through June, 2024
In addition to the requirements of sections
				  16-98-9 and
				  16-98-23, the applicant shall pass
				  a written examination as provided in subchapter
				  5.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 4 - VALIDATION REQUIREMENTS › Section 16-98-25 - Examination waiver or temporary permit

Current through June, 2024
In addition to the requirements in sections
				  16-98-9,
				  16-98-16 and
				  16-98-23, the applicant shall
				  submit an official statement forwarded by the authority which issued the
				  applicant's certificate or license, attesting that the certificate or license
				  is currently valid and was issued following the passing of the EPPP written
				  examination as provided in subchapter
				  5.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 5 - EXAMINATION › Section 16-98-29 - Subject matter

Current through June, 2024
(a) The board shall
				evaluate the eligibility of the applicant from information shown on the
				application. The applicant shall demonstrate to the board that the applicant's
				qualifications are adequate. The applicant shall appear personally before the
				board so that the board may have an opportunity to judge the applicant's:
(1) Qualifications for the practice of
				psychology;
(2) Integrity and
				ethical standards;
(3)
				Resourcefulness and initiative; and
(4) General attitude and approach to the
				practice of psychology.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 5 - EXAMINATION › Section 16-98-30 - Passing score

Current through June, 2024
A score of not less than seventy per cent of the maximum raw
				  score snail De passing for the EPPP written examination. A score of not less
				  than seventy-five per cent shall be passing for the State jurisprudence
				  examination in psychology. For examination waiver applicants, the passing score
				  for the EPPP shall be the board's passing score at the time the applicant sat
				  for the EPPP written examination.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 6 - STANDARDS OF PRACTICE › Section 16-98-34 - Unethical practice of psychology

Current through June, 2024
(a) "Unethical
				practice of psychology" means wilful disregard for any or all of the matters
				covered in this section.
(b) The
				psychologist shall not misrepresent the professional qualifications,
				affiliations, and purposes, and those of the institutions and organizations
				with which the psychologist is associated:
(1) A psychologist shall not claim either
				qualifications that differ from actual qualifications, nor shall the
				psychologist misrepresent affiliation with any institution, organization, or
				individual, nor lead others to assume any affiliations that the psychologist
				does not have. The psychologist shall be responsible for correcting others who
				misrepresent the psychologist's professional qualifications or
				affiliations;
(2) The psychologist
				shall not misrepresent an institution or organization with which the
				psychologist is affiliated by ascribing to it characteristics that it does not
				have;
(3) A psychologist shall not
				use affiliation with the American Psychological Association or its divisions
				for purposes that are not consonant with the stated purposes of the
				Association; and
(4) A psychologist
				shall not associate with or permit the psychologist's name to be used in
				connection with any services or products in such a way as to misrepresent them,
				the degree of the psychologist's responsibility for them, or the nature of the
				psychologist's affiliation.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 7 - PRACTICE AND PROCEDURE › Section 16-98-38 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for psychologists shall
				  be as provided in chapter 16-201, the rules of practice and procedure of the
				  department of commerce and consumer affairs, which are incorporated by
				  reference and made a part of this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 8 - DISCIPLINARY SANCTIONS › Section 16-98-42 - Probation and suspension

Current through June, 2024
For any licensee who is placed on probation or whose license
				  is suspended, the board may order but not be limited to the following types of
				  sanctions:
(1) Enrollment in
				additional educational and training courses;
(2) Performance of public service;
(3) Supervision by a licensed
				psychologist;
(4) Evaluation prior
				to returning to practice;
(5)
				Limitation of the kinds of services the licensee can perform; and
(6) Examination(s).
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 9 - ORAL TESTIMONY › Section 16-98-46 - 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 no 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 ease 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 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 1 - GENERAL PROVISIONS › Section 16-99-1 - Objective

Current through June, 2024
This chapter, adopted by the real estate commission,
				  hereafter referred to as "commission," is intended to clarify and implement
				  chapter
				  467, Hawaii Revised Statutes, as
				  amended, to the end that the provisions thereunder, for the protection of the
				  general public in its real estate transactions, may be best effectuated and the
				  public interest most effectively served.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 1 - GENERAL PROVISIONS › Section 16-99-3.1 - Disclosure of agency

Current through June, 2024
(a) As used in this
				section:
"Buyer" includes a vendee, lessee, party to an exchange, or
				  grantee of an option.
"Buyer's agent" means a real estate broker who acts as the
				  agent of the buyer.
"Contract between the buyer and seller" includes a purchase
				  contract, an option, an offer to purchase, a sales contract, an offer to lease,
				  or a lease.
"Listing brokerage firm" means the real estate brokerage firm
				  that obtains a listing of real estate for sale, lease, exchange (residential,
				  time share, industrial, or commercial) or for an interest in a residential
				  cooperative housing corporation.
"Seller" includes a vendor, lessor, party to an exchange, or
				  grantor of an option.
"Selling brokerage firm" means a real estate brokerage firm
				  that acts in cooperation with a listing broker and finds and obtains a buyer in
				  a transaction.
"Subagent" means a real estate brokerage firm or salesperson
				  to whom an agent delegates agency powers.
"Transaction" means any sale, lease, rent, or exchange of
				  real estate (residential, time share, industrial, or commercial) transaction or
				  a sale or exchange of, or option involving, an interest in a residential
				  cooperative housing corporation, but excluding leases for one year or
				  less.
(b) At the time a
				listing brokerage firm obtains a listing, the listing brokerage firm shall
				disclose the following:
(1) Whether the
				seller authorizes the listing brokerage firm to appoint seller's subagents
				through a multiple listing service or otherwise; and
(2) Whether the seller authorizes the listing
				brokerage firm to share commissions with seller's subagents or buyer's agents.
The disclosure shall be in writing, dated, and signed by the
				  seller and the listing brokerage firm.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 1 - GENERAL PROVISIONS › Section 16-99-4 - Client's account; trust funds; properties other than funds

Current through June, 2024
(a) Every brokerage firm that does not
				immediately place all funds entrusted to the brokerage firm in a neutral escrow
				depository, shall maintain a trust fund account in this State with some bank or
				recognized depository, which is federally insured, and place all entrusted
				funds therein. The trust fund account shall designate the principal broker as
				trustee and all trust fund accounts, including interest bearing accounts, shall
				provide for payment of the funds upon demand.
(b) Every brokerage firm shall retain for at
				least three years records of all trust funds which the brokerage firm has
				received. All records and funds shall be subject to inspection by the
				commission or its representative. The three-year requirement shall be for real
				estate license law purposes only. The brokerage firm may be required to keep
				records for a longer period of time for other purposes. The records shall be
				kept in Hawaii in accordance with standard accounting principles and shall
				clearly indicate the following:
(1) Names of
				the persons from whom funds are received, for whom deposited, and to whom
				disbursed;
(2) Dates of receipt,
				deposit, withdrawal, and disbursements, and amounts received, deposited,
				withdrawn, and disbursed;
(3)
				Description of the trust fund and the purpose for its establishment;
(4) Purposes for the money; and
(5) Other pertinent information concerning
				the trust fund transactions.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 1 - GENERAL PROVISIONS › Section 16-99-5 - Notification and filing of names, addresses, and changes

Current through June, 2024
(a)
				Each individual licensee shall file with the commission and shall notify the
				commission of any change in writing, within ten days of the change, on a form
				provided by the commission:
(1) The
				licensee's legal name, residence address, and mailing address; and
(2) The name and license number of the
				brokerage firm with whom the licensee is employed or associated.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 1 - GENERAL PROVISIONS › Section 16-99-5.1 - Involuntary inactive license status

Current through June, 2024
(a) An individual's
				license shall be placed on an involuntary inactive status upon the occurrence
				of one or more of the following:
(1) The
				principal broker's license is placed on an inactive, forfeited, suspended,
				revoked, or terminated status;
(2)
				The brokerage firm, whether a corporation, limited liability company, or
				partnership, with which the licensee is affiliated or employed, is no longer
				registered with the business registration division;
(3) The license of the licensee's brokerage
				firm is placed on an inactive, terminated, revoked, forfeited, or suspended
				status;
(4) The principal broker is
				unable to act in the case of prolonged illness or death and no temporary
				principal broker has been designated pursuant to section
				16-99-3(o);
(5) The brokerage firm has no approved place
				of business; and
(6) The principal
				broker is absent from the place of business for more than thirty calendar days,
				or moves out-of-state, and no commission approved temporary principal broker or
				broker-in-charge has been designated pursuant to section
				16-99-3(o).
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 1 - GENERAL PROVISIONS › Section 16-99-5.2 - Statewide license

Current through June, 2024
A brokerage firm may associate or employ a salesperson or
				  broker-salesperson who resides on an island different from that of the
				  principal place of business, provided that:
(1) The principal broker shall maintain
				compliance with section
				467-1.6, HRS,
				and all other requirements for supervision;
(2) The salesperson or broker-salesperson
				shall not maintain or advertise a place of business other than the principal
				place of business;
(3) Any
				advertisements on an island different from that of the principal place of
				business shall disclose the name of the brokerage firm and the address and
				phone number of the principal place of business;
(4) All agency disclosures required by
				section 16-99-3.1 shall include that the
				principal place of business is located on a different island; and
(5) The salesperson or broker-salesperson
				shall provide clients with an effective means of communication with the
				principal broker, at no cost to the client.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 1 - GENERAL PROVISIONS › Section 16-99-7 - Renewal of license

Current through June, 2024
The biennial renewal fee and completed renewal application
				  shall be submitted on or before the commission prescribed deadline. Unless
				  renewed, all real estate licenses expire at the end of every even-numbered
				  year. When the renewal deadline falls on a non-working day, renewal fees paid
				  by mail shall be considered as paid when due if the envelope bears a postmark
				  of no later than the first working day thereafter. Failure to submit a
				  completed renewal application and failure to pay the renewal fee when due, or
				  if the check is not honored by the bank for whatever reason, shall constitute
				  automatic forfeiture of license. The principal broker shall ensure that all
				  licensees are currently licensed at all times during employment or
				  association.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 1 - GENERAL PROVISIONS › Section 16-99-9 - Suspended license

Current through June, 2024
The commission, as a form of disciplinary action against a
				  licensee, may suspend the right of the licensee to use the license for a period
				  not to exceed five years. Prior to conducting any real estate activity, a
				  licensee with a suspended license shall reinstate the license pursuant to
				  section
				  92-17(c)(3),
				  HRS. If the licensee fails to file for reinstatement within thirty days after
				  the end of the suspension, the license shall be forfeited.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 1 - GENERAL PROVISIONS › Section 16-99-10 - Revoked license

Current through June, 2024
An individual whose license has been revoked shall apply for
				  a new real estate salesperson license by filing an application and complying
				  with all requirements for new applicants. The commission may waive the
				  applicable education requirements of section
				  467-9.5,
				  HRS, pursuant to section
				  16-99-37.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 1 - GENERAL PROVISIONS › Section 16-99-10.5 - Other requested material

Current through June, 2024
The commission may require the person requesting
				  reinstatement of a suspended license or applying for a new license following
				  license revocation to submit other information and documents that may be
				  helpful to the commission in evaluating the person's request.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 1 - GENERAL PROVISIONS › Section 16-99-10.6 - Surrender of real estate license

Current through June, 2024
(a) A licensee who
				has no pending complaints, investigations, disciplinary petitions filed against
				the licensee, or disciplinary hearings before the commission may surrender the
				person's real estate license, and shall:
(1)
				Return the licensee's pocket identification card and wall certificate to the
				commission; and
(2) Cease
				conducting any real estate activities.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 1 - GENERAL PROVISIONS › Section 16-99-11 - Advertisement

Current through June, 2024
(a) All real estate advertising and
				promotional materials shall include the legal name of the brokerage firm or a
				trade name previously registered by the brokerage firm with the business
				registration division and with the commission. For advertising and promotional
				purposes only, a brokerage firm may:
(1)
				Abbreviate "Incorporated," "Corporation," "Limited," "General Partnership,"
				"Limited Partnership," "Limited Liability Company," or "Limited Liability
				Partnership" from the licensed name; and
(2) Use "dba" in conjunction with the
				licensed name and a trade name.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 1 - GENERAL PROVISIONS › Section 16-99-12 - Exam site solicitation

Current through June, 2024
On the day of a real estate licensing examination, a
				  licensee shall not at the exam site or at any place on the property where the
				  exam site is located, directly or indirectly, recruit, solicit, offer to
				  employ, discuss employment with, or distribute literature promoting the
				  licensee to any individual who sits for that examination.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 2 - APPLICATIONS › Section 16-99-17 - Forms and instructions

Current through June, 2024
An application filed with the commission shall be prepared
				  in accordance with and contain the information and documentation called for in
				  the application form and the accompanying instructions provided by the
				  commission. All applications shall be accompanied by a nonrefundable fee as
				  provided in rules adopted by the director of commerce and consumer affairs
				  pursuant to chapter
				  91, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 2 - APPLICATIONS › Section 16-99-19 - License applications

Current through June, 2024
(a) All
				applications for a real estate salesperson or broker license shall be
				accompanied by:
(1) The required fee;
				and
(2) Supporting documents to
				satisfy the applicable education and experience requirements. Applications not
				accompanied by supporting documents shall be rejected. In the event an
				applicant has not satisfied the applicable education and experience
				requirements, the applicant's examination score shall be declared void and
				license application rejected.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 2 - APPLICATIONS › Section 16-99-19.1 - License name

Current through June, 2024
(a) An individual may designate a license
				name different from the individual's legal name, provided that:
(1) The license name of individual broker,
				broker-salesperson, or salesperson:
(A) Shall
				include the individual's full legal surname;
(B) May include the individual's initials,
				full legal first name, full legal middle name, full legal name, or nickname;
				and
(C) May retain the individual's
				former legal surname if the surname is legally changed subsequent to licensing,
				provided that the change is reported pursuant to section
				16-99-5;
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 2 - APPLICATIONS › Section 16-99-19.2 - Experience certificate application

Current through June, 2024
(a) Candidates for
				the broker examination shall submit to the commission a completed experience
				certificate application together with:
(1) A
				nonrefundable application fee; and
(2) A certified statement by the principal
				broker or a broker in charge of each of applicant's brokerage firms during the
				three years immediately preceding the application for experience certificate,
				that attests to the length of time that the applicant has been actively
				associated or employed full-time with the brokerage firm.
Applicants shall have experience in this State as a full-time
				  Hawaii-licensed real estate salesperson, associated as an employee or
				  independent contractor with an active Hawaii-licensed brokerage firm, for at
				  least three years within the five-year period immediately prior to the
				  application for experience certificate.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 2 - APPLICATIONS › Section 16-99-21 - Denial

Current through June, 2024
In the event an application for admission to the
				  examination, for issuance, reinstatement, or restoration of a license is
				  denied, the commission shall notify the applicant by letter of the commission's
				  action which shall include a concise statement of the reasons therefor and if
				  the applicant is entitled to a hearing, a statement informing the applicant of
				  the right to a hearing if the applicant so desires.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 2 - APPLICATIONS › Section 16-99-22 - Demand for a hearing

Current through June, 2024
Any person whose application for admission to the
				  examination, for the issuance, reinstatement, or restoration of a license has
				  been denied by the commission, shall be entitled to a hearing; provided that a
				  demand for a hearing is filed with the commission within sixty days of the date
				  of the letter informing the applicant of the denial of application; and
				  provided further that this section shall not apply to a denial based on the
				  failure to file an application within the period provided by this
				  chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 2 - APPLICATIONS › Section 16-99-23 - Proceedings upon demand for hearing

Current through June, 2024
If a demand for a hearing is filed within the time
				  prescribed, the commission shall order a hearing pursuant to chapters
				  91 and
				  92, HRS, and chapter 16-201,
				  Administrative Practice and Procedure.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 2 - APPLICATIONS › Section 16-99-25 - Falsification of application

Current through June, 2024
The commission may deny an applicant admission to the
				  examination, or issuance of license, void applicant's examination score, or
				  revoke a license on the ground of falsification of any information supplied in
				  the application for examination, application for experience certificate,
				  application for license, or supporting documents.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 3 - EXAMINATION › Section 16-99-29 - Examination for broker and salesperson license

Current through June, 2024
(a) No
				license shall be issued to any individual unless the individual takes and
				passes an examination as prescribed by the commission for the license applied
				for. The minimum passing score for the uniform and the State portions of the
				examination shall be seventy for salesperson applicants and seventy-five for
				broker applicants. Any individual who fails to obtain a passing score in any
				part of the examination shall repeat that part of the examination. Failure to
				obtain a passing score in all parts thereof within the two-year period after
				the first examination date, shall result in failure of the examination as a
				whole and the entire examination shall be repeated by the candidate.
(b) Any eligible individual shall forfeit the
				examination fee if the individual does not sit for the examination.
(c) Unsuccessful candidates, rejected
				applicants, and individuals granted withdrawal who wish to sit for subsequent
				examinations shall file a new application and comply with all requirements each
				time.
(d) The examinations shall be
				given on dates and at locations as determined by an agreement between the
				commission and a professional testing service, and may include examination
				locations outside the State.
(e)
				Examinations shall be conducted in accordance with procedures formulated by the
				testing agency authorized by the commission to administer examinations. Failure
				to follow such procedures shall result in immediate disqualification from the
				examination and may bar candidates from being examined in any future
				examinations.
(f) Any individual
				who passes the salesperson or broker examination shall be required to apply for
				the individual's active or inactive license within two years of the
				individual's last examination date. Failure to apply for a license within two
				years of the last examination date shall cause the examination and license
				application to be abandoned pursuant to section
				436B-9,
				FIRS, and the individual shall be required to pass the examination
				again.
(g) At the location for
				examination, all candidates for salesperson or broker examination shall present
				a current real estate school completion certificate or current education
				equivalency certificate. Candidates for broker examination also shall present a
				current experience certificate at the examination location.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 3 - EXAMINATION › Section 16-99-30 - Examination subject matter

Current through June, 2024
Candidates shall demonstrate, by passing with a grade
				  satisfactory to the commission an examination given by it and appropriate to
				  the license sought, that they have a reasonable knowledge of general principles
				  and practices of real estate transactions and the law and rules pertaining to
				  or relating to real estate, and such other subjects and matters which the
				  commission or its designated examining agency determines to be essential to the
				  protection of the general public in its real estate
				  transactions.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 4 - EDUCATION AND EXPERIENCE › Section 16-99-36 - Education requirement

Current through June, 2024
The education requirement for the salesperson license
				  examination shall be satisfied by successful completion of a curriculum in real
				  estate at an accredited institution, consisting of a minimum of sixty class
				  hours and conforming to the approved curriculum for salesperson adopted by the
				  commission or such equivalent education or experience as shall be determined by
				  the commission. The education requirement for the broker license examination
				  shall be satisfied by successful completion of a curriculum in real estate at
				  an accredited institution, consisting of a minimum of eighty class hours and
				  conforming to the approved curriculum for brokers adopted by the commission or
				  equivalent education or experience as shall be determined by the commission. A
				  "class hour" as used in this section means sixty minutes of classroom
				  instruction.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 4 - EDUCATION AND EXPERIENCE › Section 16-99-37 - Education equivalency

Current through June, 2024
(a) The commission
				may grant an equivalency to the respective education requirements for
				applicants for the salesperson license examinations for:
(1) Those who hold a current license that was
				active within one year immediately prior to the date of application as a
				salesperson or broker in another state with similar or superior education
				requirements as determined by the commission;
(2) Graduates of an accredited law school in
				the United States; or
(3) Bachelor
				of arts or bachelor of science degree graduates of accredited colleges and
				universities in the United States who have majored in real estate or
				business.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 4 - EDUCATION AND EXPERIENCE › Section 16-99-46 - Real estate education fund

Current through June, 2024
The commission may authorize the use of funds deposited in
				  the real estate education fund for the benefit of and improvement of services
				  to the consuming public, licensees, commissioners, and staff. The education
				  fund may be used for classes, media exposure, participation in national
				  associations, publications, research, seminars, studies, and any other
				  educational purpose as the commission may determine.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 5 - REGISTERED REAL ESTATE SCHOOLS › Section 16-99-50 - Policy

Current through June, 2024
(a) A registered school shall not offer
				courses which may be used to fulfill the educational requirements for a real
				estate license unless it first registers with the commission and complies with
				the requirements of this subchapter.
(b) "School" as used in this subchapter
				includes, but is not limited to, a private school, or an accredited college or
				university offering courses used to fulfill the educational requirements for
				initial licensing.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 5 - REGISTERED REAL ESTATE SCHOOLS › Section 16-99-51 - Registered school

Current through June, 2024
(a) A registered
				school shall be a school which applies for a certificate of registration from
				the commission and which is found by the commission to have met the
				requirements imposed by chapter
				467, HRS, and this chapter.
(b) A registered school shall have on file at
				the school's principal office, for commission inspection upon request, unit and
				daily lesson plans implementing the school's approved curriculum. Such plans
				should specify at minimum: the objectives of the unit and daily lesson plan
				stated in student performance terms; and an evaluative method to determine that
				the students have been taught the objectives of the unit and daily lesson.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 5 - REGISTERED REAL ESTATE SCHOOLS › Section 16-99-52.1 - Independent study courses

Current through June, 2024
(a) Independent
				study courses shall conform to commission-approved curricula and shall meet the
				specific standards of this section and all other applicable requirements of
				this chapter.
(b) An independent
				study course for satisfaction of the salesperson education requirement shall
				reasonably require the student to expend a minimum of sixty hours in completing
				the course. An independent study course for satisfaction of the broker
				education requirement shall reasonably require the student to expend a minimum
				of eighty hours in completing the course.
(c) Every registered school offering an
				approved independent study course for satisfaction of the salesperson or broker
				education requirement shall:
(1) Be available
				to answer students' questions or provide them assistance as
				necessary;
(2) Provide reasonable
				oversight of students' work in order to insure that the student who completes
				the work is the student who is enrolled in the course;
(3) Obtain from each student the following
				certification statement:
"I certify that I have personally completed each assigned
				  module of instruction.
_________ __________________
Date Student's Signature"
(4) Certify students as successfully
				completing an independent study course only if the student has:
(A) Completed all instructional modules
				required to demonstrate mastery of the material, and
(B) Passed the final examination.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 5 - REGISTERED REAL ESTATE SCHOOLS › Section 16-99-53.1 - Alternative forms of school bond

Current through June, 2024
(a) Where a surety
				bond required by sections
				16-99-53 and
				16-99-65 cannot reasonably be
				secured and the school owner has received three letters rejecting the owner's
				application for a surety bond, the commission, after a review of the reasons
				for rejection, may accept other alternative forms of security including but not
				limited to:
(1) Submission of an executed
				agreement between the school owner and two other commission-approved registered
				real estate school owners guaranteeing that they will honor all students'
				contracts that were signed or approved by the school owner should the owner be
				unable to complete the instructing of such courses because of the owner's
				death, disability, bankruptcy, or extended absence from the State beyond four
				months; and
(2) Submission of one
				of the following: a certificate of deposit from a federally insured
				institution, in the amount equal to the required bond; a cashier's check from a
				federally insured institution, in the amount equal to the required bond; an
				irrevocable letter of credit on a form approved by the commission drawn upon a
				bank or savings and loan association, in the amount of the bond required; or
				any other alternative security approved by the commission for substitution of
				the bond.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 5 - REGISTERED REAL ESTATE SCHOOLS › Section 16-99-54 - Changes in school's owners

Current through June, 2024
(a) Any change in
				the ownership status of a school shall be approved by the commission.
(b) A change in partners shall be deemed a
				change in ownership. Any change in ownership of fifty per cent or more of a
				corporation's outstanding capital stock or any change in ownership of any
				number of shares of stock which results in the transferee thereof becoming the
				owner of fifty per cent or more of the outstanding capital stock, shall be
				deemed a change in ownership.
(c)
				The new owner shall submit written evidence to the commission that, as of the
				effective date of the change in ownership, the new owner shall:
(1) Assume liability for all or substantially
				all of the school's outstanding debts incurred as a direct result of the
				school's educational activities; and
(2) Honor all student contracts that were
				signed or approved by the school's authorities before the effective date of the
				change in ownership.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 5 - REGISTERED REAL ESTATE SCHOOLS › Section 16-99-55 - Display of certificate of registration and instructor's certificate

Current through June, 2024
Each school granted a certificate of registration and each
				  instructor granted an instructor's certificate shall prominently display it in
				  its business office at all times.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 5 - REGISTERED REAL ESTATE SCHOOLS › Section 16-99-56 - Classrooms

Current through June, 2024
(a) Every school shall have and maintain
				classrooms which have adequate space, seating, equipment, and instructional
				material. Each classroom shall be approved by the commission and shall have
				current certificates of clearance from the county building department, the
				county fire department, and the state department of health. Classrooms shall be
				subject to inspection by the commission prior to approval or subsequent thereto
				during regular school hours.
(b)
				Classrooms shall conform to the zoning, building, electrical, plumbing, and
				fire codes of the county in which the facility is located and to State rules as
				may be applicable to the facility.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 5 - REGISTERED REAL ESTATE SCHOOLS › Section 16-99-57 - Courses

Current through June, 2024
(a) The initial curriculum and any additional
				courses offered by a school shall be approved by the commission.
(b) Broker and salesperson classes shall not
				be held together unless approved by the commission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 5 - REGISTERED REAL ESTATE SCHOOLS › Section 16-99-58 - Faculty

Current through June, 2024
(a) Each school shall designate an individual
				as principal.
(b) The principal
				shall be responsible for:
(1) Complying with
				the commission's rules relating to real estate schools;
(2) Providing reports and information as may
				be required by the commission;
(3)
				Informing the commission in writing five business days prior to any changes in
				school policies, programs, personnel, facilities, tuition, calendar, and all
				other matters changing the status of the school as originally
				licensed;
(4) Advertising by the
				school; and
(5) Directing and
				supervising the school staff and program.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 5 - REGISTERED REAL ESTATE SCHOOLS › Section 16-99-59 - Tuition and other charges

Current through June, 2024
(a) Tuition rates
				and all other charges shall be published in the school catalogue. No school
				shall deviate from its published tuition rates and charges.
(b) Tuition and other charges collected from
				enrollees shall be refunded in full by the school if the course for which the
				tuition and charges were collected is not started on the date published by the
				school in its catalogue or advertisements.
(c) Tuition and other charges shall be
				specifically set forth in the school registration form. The registration form
				shall expressly state the school's policy regarding the return of tuition and
				other charges when a student is dismissed or withdraws voluntarily. Each
				student shall acknowledge acceptance of the school's tuition policies on the
				school's registration form.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 5 - REGISTERED REAL ESTATE SCHOOLS › Section 16-99-61 - Certificate of completion

Current through June, 2024
A certificate of completion shall be issued by the school in
				  a form and size approved by the commission, and shall be awarded only to a
				  student who attends eighty per cent of the scheduled classes and who completes
				  with a passing grade the final examination of a course of study conforming to
				  the approved curriculum or who completes an independent study course under
				  section 16-99-52.1. The certificate shall
				  be valid for a period of two years from the date of issuance. The date of
				  issuance shall be the class completion date.