reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 7 - EXAMINATIONS › Section 16-77-42 - Use of interpreters

Current through June, 2024
(a) In exceptional
				cases with the express approval of the board, an applicant may use an
				interpreter to read and translate the examination questions to the applicant in
				the examination room.
(b) An
				interpreter shall be prohibited from answering, in any way, the questions for
				the applicant. Any violation of this subsection shall constitute examination
				misconduct and the applicant shall be subject to penalties provided in section
				16-77-46. The applicant shall be responsible for obtaining an interpreter, who
				shall not currently be or have been in the construction business, and shall pay
				a fee in addition to the examination fee. The board may evaluate the person's
				qualifications to be an interpreter and may restrict the number of times a
				person can be an interpreter in a twelve-month period.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 7 - EXAMINATIONS › Section 16-77-43 - Notice of examination

Current through June, 2024
All applicants whose applications have been approved shall
				  be given an application for examination and shall apply to the testing agency
				  for examination. The board shall send notice to the applicant's last known
				  address on file with the board. Examinations are given monthly. Unless
				  applicants are otherwise notified, examinations shall be taken at the regularly
				  scheduled time.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 7 - EXAMINATIONS › Section 16-77-45 - Failure to pass examination

Current through June, 2024
Applicants failing to obtain a passing grade on the first
				  examination may schedule a second examination and shall pay the appropriate
				  fees. Applicants who fail to pass the examination within six months shall file
				  a new application and application fee.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 7 - EXAMINATIONS › Section 16-77-46 - Examination misconduct

Current through June, 2024
(a) Any misconduct
				by an 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) Unauthorized communication between
				candidates or with others inside or outside of the examination room;
(3) Copying another candidate'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 unauthorized materials inside or outside 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 without permission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 8 - RENEWAL OF LICENSES › Section 16-77-49 - Notice of renewal

Current through June, 2024
Before August 15 of each even-numbered year the board shall
				  mail to every licensee, except those whose license has been revoked, forfeited,
				  terminated, withdrawn, or under suspension, a notice of renewal application to
				  the last known address of the licensee on file with the
				  board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 8 - RENEWAL OF LICENSES › Section 16-77-50 - Date for filing

Current through June, 2024
All licensees shall complete and submit a renewal
				  application as provided by the board together with all documents required under
				  section 16-77-55 and pay the required
				  fees, including the recovery and education fund fees, on or before September 30
				  of each even-numbered year. Failure, neglect, or refusal of any licensee to pay
				  the fees and submit all required documents by September 30 of each
				  even-numbered year shall result in the automatic forfeiture of the licensee's
				  license without a hearing. The license shall be forfeited as of October 1 of
				  the even-numbered year.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 8 - RENEWAL OF LICENSES › Section 16-77-51 - Restoration of forfeited license

Current through June, 2024
Forfeited licenses may be restored by filing a renewal
				  application along with all required documents, and paying the renewal fees,
				  including the recovery and education fund fees, plus a penalty fee on or before
				  November 30 of the renewal year. Licensees who fail to restore their licenses
				  by November 30 shall be required to apply as new applicants, and shall file a
				  new license application form along with all required supporting documents and
				  fees.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 8 - RENEWAL OF LICENSES › Section 16-77-52 - Board may refuse to renew

Current through June, 2024
The board may refuse to renew or restore a license for
				  failure or refusal of the licensee:
(1) To properly complete the renewal
				application form and submit all documents required under section 16-77-55 and
				all fees required under section 16-77-54;
(2) To comply with the rules of the board or
				section
				444-17,
				HRS; or
(3) To meet any of the
				qualifications under section
				444-11,
				HRS, or this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 8 - RENEWAL OF LICENSES › Section 16-77-53 - Proper filing authorizes contractor to operate

Current through June, 2024
The proper filing of a renewal application by September 30
				  of the even-numbered year authorizes operation as a contractor by the licensee
				  until the actual issuance of the renewal license for the ensuing license
				  period. The date upon which a renewal application is filed shall be
				  determined:
(1) If sent by mail, by
				the date of the United States Postal Service postmark appearing upon the
				envelope containing the application; or
(2) If personally delivered, by the time
				stamp marked immediately upon receipt thereof
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 8 - RENEWAL OF LICENSES › Section 16-77-54 - Renewal fees

Current through June, 2024
(a) Prior to September 30 of each
				even-numbered year, all licensees shall submit the appropriate renewal fees
				provided in chapter 16-53 and the following:
(1) A contractors education fund fee of five
				dollars; and
(2) A contractors
				recovery fund fee of ten dollars.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 8 - RENEWAL OF LICENSES › Section 16-77-55 - Conditions for renewal of license

Current through June, 2024
(a) No license
				shall be renewed until the licensee continues to meet the requirements of
				sections
				444-11,
				444-11.1,
				and
				444-17,
				HRS, and of this chapter including, but not limited to, proof of financial
				integrity.
(b) To establish
				financial integrity, the licensee shall submit:
(1) A current state tax clearance or proof of
				payment arrangement, and a statement disclosing or denying the existence of any
				liens, undisputed debts or judgments against the licensee relating to services
				or materials rendered in connection with operations as a contractor;
				and
(2) Proof that the licensee has
				continuously maintained workers' compensation insurance, is authorized to act
				as a self-insurer under chapter
				386, HRS, or is excluded from the
				requirements of chapter
				386, HRS;
(3) Proof that liability and property damage
				insurance has been maintained in the following amounts:
Bodily injury
$100,000 each
							 person
$300,000 each occurrence
Property damage
$ 50,000 each occurrence;
							 and
(4)
				Proof that any surety bond imposed by the board is current.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 8 - RENEWAL OF LICENSES › Section 16-77-56 - Inactive status

Current through June, 2024
(a) An inactive
				licensee may reactivate the license by submitting an application, application
				fee, current financial statement, tax clearance, and credit report to the
				board. An inactive licensee may reactivate the license as an RME by submitting
				an application, application fee, and a current credit report.
(b) The board shall review the request and
				supporting documents as if the request was a new application for a
				license.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 10 - SUSPENSION, REVOCATION, DISSOCIATION, DISSOLUTION › Section 16-77-63 - Alternatives in lieu of revocation or suspension

Current through June, 2024
(a) Failure
				of any licensee, including RMEs, to comply with any provision of chapter
				444,
				HRS, or this chapter shall be grounds for suspension, revocation, or refusal to
				renew the license. The board may, in its discretion and in lieu of suspension,
				revocation, or non-renewal of license, impose a bond, fine, or other condition
				acceptable to all interested parties.
(b) To reinstate a license which was under
				suspension, the licensee may, in addition to meeting any conditions imposed for
				reinstatement, be required to show proof of workers' compensation, liability,
				and property damage insurance, submit a current financial statement, credit
				report, tax clearance, and as added proof of financial integrity, a bond in an
				amount to be determined by the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 10 - SUSPENSION, REVOCATION, DISSOCIATION, DISSOLUTION › Section 16-77-64 - Notice due board on death, dissociation, or disability of RME; forfeiture of license

Current through June, 2024
(a) A contracting
				entity who qualified for licensure by employment of an RME shall within sixty
				days after the death, dissociation, or disability of the RME, notify the board
				of the death, dissociation, or disability of the RME. The contracting entity
				shall submit an application to qualify a new RME or place its license on
				inactive status within ninety days of the death, dissociation, or disability of
				the RME. The contracting entity may continue to operate until the board makes a
				final determination upon its timely application to qualify a new RME; provided
				that the entity may not bid upon or enter into new contracts until the board's
				determination is made.
(b)
				"Disability" includes any situation in which the direct management of the
				licensed contracting entity's business is no longer under the control of the
				principal RME or when a subordinate RME is unable to be responsible for all
				construction activities relating to the license classifications held by the
				subordinate RME.
(c) Failure of the
				contracting entity to notify the board of the death, dissociation, or
				disability of the RME within the sixty-day period shall result in the license
				being automatically forfeited without a hearing. The license may be restored
				when the contracting entity employs another licensed individual as the
				contracting entity's RME and the entity files a new application with the
				board.
(d) Failure of the
				contracting entity to submit an application for a new principal RME within
				ninety days of the death, dissociation, or disability, and to qualify a new
				principal RME within the time period allowed by the board shall result in the
				automatic forfeiture of the contracting entity's license without a
				hearing.
(e) Contracting entities
				shall not bid or enter into contracts without having a principal RME in its
				employ who has direct management of the contracting business.
(f) An RME who dissociates from the
				contracting entity shall notify the board within sixty days of the
				dissociation. The RME shall, within ninety days of the dissociation:
(1) Apply to become a contracting entity by
				submitting a current financial statement, fees, tax clearance or proof of
				payment arrangement, credit report, and required insurance;
(2) Obtain employment with another
				contracting entity which shall submit a proper application thereof;
				or
(3) Place the license on an
				inactive status.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 10 - SUSPENSION, REVOCATION, DISSOCIATION, DISSOLUTION › Section 16-77-65 - Board jurisdiction to proceed

Current through June, 2024
The lapsing, forfeiture, termination, or suspension of a
				  license by operation of law, or by order or decision by the board or a court of
				  law, or the voluntary surrender of a license by a licensee shall not deprive
				  the board of jurisdiction to proceed with any investigation of or action or
				  disciplinary proceeding against the licensee, or to render a decision
				  suspending or revoking the license.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 11 - OWNERSHIP AND MANAGEMENT OF LICENSE › Section 16-77-69 - License issued

Current through June, 2024
A contracting entity shall have a contractor's license prior
				  to engaging in contracting. A contractor's license shall only be issued to a
				  contracting entity if
(1) The
				contracting business is under the direct management of an individual who holds
				an appropriate and current license and who is the principal RME thereof;
				and
(2) The contracting entity has
				met the financial integrity and capacity requirements to engage in the
				contracting business provided in this chapter and chapter
				444,
				HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 11 - OWNERSHIP AND MANAGEMENT OF LICENSE › Section 16-77-70 - Direct management of the contracting business

Current through June, 2024
(a) "Direct
				management of the contracting business" as used in chapter
				444,
				HRS, and this chapter means the general supervision of the construction
				projects undertaken by the contracting entity, the control of technical and
				administrative decisions, personnel management, the review of construction
				contracts, and enforcing compliance with all laws and rules affecting the
				contracting business.
(b) The
				contracting business of a contracting entity shall be under the direct
				management of a principal RME.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 11 - OWNERSHIP AND MANAGEMENT OF LICENSE › Section 16-77-71 - Principal and subordinate RMEs

Current through June, 2024
(a) Contracting
				entities may have in their employ more than one RME, but shall designate in
				every case a principal RME who shall be primarily responsible for the direct
				management of the business of the contracting entity and who shall be:
(1) In a position to secure full compliance
				with the laws governing contractors, including but not limited to chapter
				444,
				HRS, and this chapter;
(2) Familiar
				with all contracts the contracting entity enters into, sees that all contract
				provisions are carried out, and signs or initials all contracts;
(3) Familiar with all projects the
				contracting entity undertakes and sees that records are kept on the projects,
				which shall include the amount of time the principal RME spends with the
				contracting entity and payroll records of the principal RME;
(4) In residence in the State during the time
				the license of the contracting entity is in effect or during the period a
				project is under construction; and
(5) Held responsible for any violation of
				this chapter or chapter
				444,
				HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 11 - OWNERSHIP AND MANAGEMENT OF LICENSE › Section 16-77-72 - RME for more than one contracting entity

Current through June, 2024
An individual may be an RME for more than one contracting
				  entity if
(1) There is a common
				ownership of at least fifty-one per cent of the equity of each contracting
				entity for which the individual acts as the RME;
(2) A contracting entity is a subsidiary of
				or joint venture with another contracting entity;
(3) There is a direct family relationship
				between the RME and the officers, directors, members, managers, or partners of
				the other contracting entities for which the individual acts as the RME;
				or
(4) There is a direct family
				relationship between the officers, directors, members, managers, and partners
				of all contracting entities for which the individual acts as the RME;
				and
(5) The board is satisfied that
				it is in the public's interest and that the individual is competent, able, and
				qualified to be an RME for more than one contracting entity.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 11 - OWNERSHIP AND MANAGEMENT OF LICENSE › Section 16-77-75 - Revocation, suspension, termination, withdrawal forfeiture, and refusal to renew license of RME; fines

Current through June, 2024
(a) The license of
				an RME may be suspended, revoked, terminated, withdrawn, forfeited, or refused
				to be renewed if the license of the contracting entity for which the person is
				the RME is revoked, terminated, withdrawn, forfeited, suspended, or refused
				renewal pursuant to chapter
				444,
				HRS, and this chapter. An RME may be fined if the contracting entity for which
				the person is the RME is fined for violating the provisions of chapter
				444,
				HRS, and this chapter.
(b) The
				license of the principal RME shall be automatically terminated upon issuance of
				a court order authorizing payment from the contractors recovery fund. The
				license of the subordinate RME who holds the classification within which arose
				the activities leading to a court order authorizing payment from the
				contractors recovery fund shall be automatically terminated upon issuance of a
				court order authorizing payment from the contractors recovery fund.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 11 - OWNERSHIP AND MANAGEMENT OF LICENSE › Section 16-77-76 - Maintenance of bond

Current through June, 2024
(a) All licensees
				shall be required to maintain any surety bond imposed by the board for at least
				one year before requesting a waiver of the surety bond.
(b) The board may, in its discretion, waive
				the surety bond if a licensee demonstrates that it has financial integrity. The
				board may require a licensee to submit current credit reports, current
				financial statements, a current state tax clearance or proof of payment
				arrangement, and other documents to show evidence of financial
				integrity.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 12 - DISCLOSURE TO OWNERS; CONTRACTS › Section 16-77-79 - Disclosure to homeowners

Current through June, 2024
(a) Contractors
				engaging in home construction or home improvements shall, prior to obtaining a
				binding contract from the homeowner and prior to appying for a building permit:
(1) Disclose all information pertaining to
				the contract and its performance, the absence of which might mislead the
				homeowner to the homeowner's detriment including but not limited to the lien
				rights of labor, suppliers, and subcontractors;
(2) Disclose the scope of work to be
				performed;
(3) Disclose the
				approximate percentage of work to be subcontracted;
(4) Disclose whether the contractor is bonded
				or not and whether the owner has a right to demand bonding on the work to be
				performed; provided that if the contractor is not bonded, the contractor shall
				disclose the extent of the financial security available to assure performance
				of the contract;
(5) Disclose the
				contractor's license number and contractor classification(s);
(6) Disclose all warranties, if any;
				and
(7) Provide an estimate of the
				cost of work to be performed.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 12 - DISCLOSURE TO OWNERS; CONTRACTS › Section 16-77-80 - Homeowner contracts

Current through June, 2024
(a) All contractors
				shall provide homeowners with a written contract involving home construction or
				improvements which shall provide the following:
(1) The name, address, license number, and
				classification(s) of the contractor;
(2) The exact dollar amount due from the
				homeowner under the contract;
(3)
				The date work is to commence and number of days for completion;
(4) The scope of the work to be performed and
				materials to be used;
(5) The
				approximate percentage of work to be subcontracted and the names and license
				numbers of all subcontractors, if any;
(6) A clear statement of the risk of loss of
				any payments made to a sales representative (printed in distinct capital
				letters next to the owner's signature line);
(7) A provision explaining the lien rights of
				all parties performing under the contract including the contractor, any
				subcontractor, or any materialman supplying commodities or labor on the
				project;
(8) The terms of any
				warranty offered; and
(9) The
				signatures of the homeowner and the contractor.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 13 - ADVERTISING PRACTICES › Section 16-77-83 - Advertising through the media

Current through June, 2024
A contracting entity advertising through any media shall be
				  identified as a licensed contractor by listing the name under which the
				  licensee is licensed or the licensee's trade name which has been filed with the
				  board, and the licensee's license number. For the purpose of this section,
				  "media" includes, but is not limited to, newspapers, magazines, radio,
				  television, the Internet, and directories, including all listings in the yellow
				  pages.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 14 - PLACE OF BUSINESS › Section 16-77-87 - All licensees to have place of business

Current through June, 2024
No license shall be issued or renewed to any contracting
				  entity, except RMEs, who does not maintain a permanent place of business within
				  the State where the contracting entity may be served notice and legal process,
				  and where the contracting entity's license is prominently displayed. For
				  purposes of this section, "permanent place of business" means a physical
				  address, not a post office box number.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 14 - PLACE OF BUSINESS › Section 16-77-88 - Change of address

Current through June, 2024
A licensee shall notify the board of any change of address
				  within ten business days of the change. All notices required to be sent by the
				  board under this chapter or chapter
				  444,
				  HRS, shall be sent to the last known address on file with the
				  board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 14 - PLACE OF BUSINESS › Section 16-77-89 - Place of business for out-of-state licensees

Current through June, 2024
(a) For
				out-of-state licensees, this section shall apply as to a place of business in
				the State.
(b) Attorney's offices
				or other similar offices in the State may be listed as the place of business
				for out-of-state licensees; provided that an individual (or individuals) within
				the office is or acts as an agent or representative of the licensee who:
(1) Can be served with notice and legal
				process;
(2) Will receive all
				inquiries and other correspondence on behalf of the licensee; and
(3) Will be responsible to see that the
				inquiries and other correspondence are expeditiously taken care of.
If an attorney's office or other similar office in the State
				  is listed as the place of business for an out-of-state licensee, information
				  regarding the name of the agent or representative, and a telephone number where
				  the agent or representative can be contacted shall be provided to the board and
				  made available to the public.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 17 - RECOVERY AND EDUCATION FUNDS › Section 16-77-100 - Recovery fund assessments

Current through June, 2024
(a) If a contractor
				fails to pay the contractors recovery fund fee provided in section
				444-27,
				HRS, within sixty days from the date of the assessment, the contractor's
				license shall be automatically forfeited without a hearing.
(b) A license forfeited under subsection (a)
				may be restored upon submittal of the assessed contractors recovery fund fee
				plus a penalty fee of ten dollars within thirty days of forfeiture. Failure to
				submit these fees within this time period shall require the contractor to apply
				as a new applicant. The contractor shall be required to pay these fees, in
				addition to meeting the other requirements contained in this chapter and
				chapter
				444,
				HRS, as a condition of relicensure.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 17 - RECOVERY AND EDUCATION FUNDS › Section 16-77-101 - Use of education fund fees

Current through June, 2024
(a) The board may
				authorize the use of the funds deposited in the contractors education fund for
				the consuming public, licensees, board members, and staff.
(b) The education funds may be used for
				publications, media exposure, seminars, participation in national associations,
				classes, and any other educational purposes the board deems
				necessary.
(c) The board may also
				use these funds to improve the services of the board's staff to the consuming
				public and licensees.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 18 - ADMINISTRATIVE PROCEDURES › Section 16-77-106 - 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 77 - CONTRACTORS › Subchapter 18 - ADMINISTRATIVE PROCEDURES › Section 16-77-107 - Referral for hearing

Current through June, 2024
The board may refer any disputed matter to a hearing
				  pursuant to chapter
				  91, HRS, including but not limited to
				  allegations concerning the experience or financial integrity of an applicant or
				  a licensee.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 19 - ASBESTOS CONTRACTORS › Section 16-77-111 - Definitions

Current through June, 2024
As used in this subchapter or in chapter
				  444,
				  HRS:
"Asbestos-containing material" means any material that
				  contains more than one per cent asbestos.
"Asbestos project" means any activity involving the
				  demolition, renovation, or encapsulation of friable asbestos materials.
"Demolition" means the wrecking or taking of any
				  load-supporting structural member related to or containing friable asbestos
				  materials, and any related removing or stripping of friable asbestos
				  materials.
"Encapsulate" means to coat, bind, or resurface walls,
				  ceilings, pipes, or other structures to prevent friable asbestos from becoming
				  airborne.
"Friable asbestos" means any asbestos-containing material
				  that can be crumbled, pulverized, or reduced to powder, when dry, by hand
				  pressure and includes previously non-friable material after such previously
				  non-friable material becomes damaged to the extent that when dry it may be
				  crumbled, pulverized, or reduced to powder by hand pressure.
"Renovation" means the removal or stripping of friable
				  asbestos materials used on any pipe, duct, boiler, tank, reactor, turbine,
				  furnace, or structural member.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 19 - ASBESTOS CONTRACTORS › Section 16-77-112 - License required

Current through June, 2024
(a) Any person or
				contracting entity who engages in any activity involving the application,
				enclosure, removal, encapsulation, renovation, repair, demolition, or other
				disturbances of friable asbestos or asbestos-containing material that may
				become friable during the activity shall be licensed as an asbestos contractor
				by the board under chapter 444, HRS, and this chapter.
(b) Contractors holding licenses which
				include maintenance, repair, or removal of asbestos pipe or sheets, vinyl
				asbestos floor materials, or asbestos bituminous or resinous materials in their
				scope of activity of the license are exempt from obtaining a separate asbestos
				classification provided the activity is performed in a manner that no health
				hazard is posed to the public, the contractor, or the contractor's
				employees.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 19 - ASBESTOS CONTRACTORS › Section 16-77-113 - Requirements for license

Current through June, 2024
(a) Applicants for
				an asbestos contractor's license shall meet all licensing requirements as
				required for other specialty contractors with the exception of the experience
				requirements under section 16-77-18. In lieu of these experience requirements,
				applicants shall meet the asbestos training requirements under section
				16-77-114.
(b) Applicants shall
				submit proof of training obtained pursuant to this subchapter by the applicant,
				the RME, and all asbestos abatement workers or employees hired by the
				applicant.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 19 - ASBESTOS CONTRACTORS › Section 16-77-115 - Examination

Current through June, 2024
Applicants shall take and successfully pass Part I of the
				  board's examination as described in subchapter 7 and shall submit proof of
				  passing the EPA or board approved training course examination by a score of
				  seventy per cent.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 19 - ASBESTOS CONTRACTORS › Section 16-77-116 - Conditions for renewal of license; refresher training courses

Current through June, 2024
(a) In addition to meeting all other
				requirements for renewal pursuant to subchapter 8, asbestos contractors shall
				submit proof of completion by the individual, RME, and asbestos abatement
				workers or employees of a sixteen-hour EPA or board approved asbestos refresher
				training course for the previous biennium; or eight hours of training if the
				individual, RME, and asbestos abatement workers or employees were licensed in
				the second year of the biennium.
(b) The refresher training course shall
				review and discuss changes in federal and state regulating developments in
				state-of-the-art procedures and a review of key aspects of the initial training
				course.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 19 - ASBESTOS CONTRACTORS › Section 16-77-117 - Revocation, suspension, and renewal of license

Current through June, 2024
The board may revoke, suspend, or refuse to renew any
				  asbestos specialty contractor's license for any of the causes provided in
				  section
				  444-17,
				  HRS, or for any of the following causes:
(1) Failing to meet any Hawaii and federal
				OSHA or EPA health, safety or environmental requirements or
				standards;
(2) Deviating from any
				Hawaii and federal OSHA or EPA asbestos procedures;
(3) Allowing any individual, asbestos
				abatement worker or employee who has not received the required asbestos
				training to work on any asbestos project;
(4) Failing to have present at the work site
				at all times while the work is in progress, the RME or supervisor who has
				received the required asbestos training;
(5) Failing to provide an asbestos abatement
				worker or employee access to the asbestos-trained RME or supervisor at the work
				site throughout the duration of the project;
(6) Refusing entry to the work site to any
				representative of the departments of health, labor and industrial relations, or
				commerce and consumer affairs;
(7)
				Failing to maintain proof that all RMEs, job site supervisors, and asbestos
				abatement workers or employees have successfully completed the appropriate
				asbestos training; and
(8) Failing
				to make accessible any records of the licensee for the purpose of inspection
				for health or safety reasons, to any representative of the departments of
				health, labor and industrial relations, or commerce and consumer
				affairs.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 1 - GENERAL PROVISIONS › Section 16-78-1 - Objective

Current through June, 2024
This chapter is intended to clarify and implement chapter
				  439, Hawaii Revised Statutes, to the end that the provisions thereunder may be
				  best effectuated.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 1 - GENERAL PROVISIONS › Section 16-78-2 - Definitions

Current through June, 2024
"Beauty school", unless the context clearly indicates
				  otherwise, means a postsecondary school engaged in teaching cosmetology.
"Certificate of registration" means either a license or a
				  registration certificate issued by the board.
"Director" means the director of the department.
"Executive secretary" means any person employed and assigned
				  by the department to provide administrative services to the board, and to act
				  as a liaison between the board and the department.
"Instructor-trainee" means a person who is engaged in a
				  school in learning to be an instructor and while so doing does or assists in
				  teaching any of the classified practices under the direct supervision of an
				  instructor.
"Person" includes individuals, partnerships, corporations,
				  associations, or public or private organization of any character other than
				  governmental agencies.
"Postsecondary" means beyond the education equivalent to the
				  completion of high school or grade twelve.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 1 - GENERAL PROVISIONS › Section 16-78-3 - Notification and filing of names, addresses, and changes

Current through June, 2024
(a)
				Any licensed person shall file one's mailing address with the board and shall
				notify the board in writing within thirty days of any and all
				changes.
(b) In addition to the
				requirements of subsection (a), an apprentice or instructor-trainee shall file
				with the board the name and address of the beauty shop or school where that
				person is learning and the name and license number of the beauty operator or
				instructor from whom that person is learning, and shall notify the board in
				writing within thirty days of any and all changes.
(c) In addition to the requirements of
				subsection (a) a licensed beauty shop, or school shall file the name and
				location of the shop or school, the name and license number of the person in
				charge of and responsible for the shop or school, and, in the case of a
				partnership, corporation, or association, shall also file with the board the
				names and addresses of the partners, officers, and directors, as the case may
				be, and shall notify the board within thirty days of all changes.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 1 - GENERAL PROVISIONS › Section 16-78-5.5 - Restoration of forfeited license

Current through June, 2024
(a) A license is
				immediately and automatically forfeited after the expiration date for
				non-compliance with the requirements for maintaining or renewing the
				license.
(b) A forfeited license
				may be restored under the following conditions:
(1) File a completed restoration application
				along with a valid signature;
(2)
				Payment of all delinquent biennial renewal fees including the current
				fee;
(3) Payment of a penalty fee
				for each biennial renewal as provided in the department's fee rules, chapter
				16-53; and
(4) Should the
				restoration request be made after three years from the date of forfeiture, a
				written explanation along with supporting documentation shall be necessary and
				shall be subject to approval.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 1 - GENERAL PROVISIONS › Section 16-78-6 - Responsibility

Current through June, 2024
Beauty shop or beauty school shall be responsible for all
				  operations and shall be responsible to see that only duly licensed or
				  registered persons work in the place of business or school.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 1 - GENERAL PROVISIONS › Section 16-78-7 - Workmanship

Current through June, 2024
All work performed shall conform to the industry standards.
				  Conduct or practice contrary to recognized industry standards shall be
				  construed as professional misconduct, gross carelessness, or manifest
				  incapacity.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 2 - APPLICATIONS › Section 16-78-9 - Forms and instructions

Current through June, 2024
(a) An application,
				accompanied by the required fees and filed with the board, shall be prepared in
				accordance with and contain the information called for in the application form
				prescribed by the board, or any instructions which may be required by the
				board.
(b) The executive secretary
				or such other person authorized by the department shall determine the
				sufficiency of qualifications of applicants.
(c) The applicant shall attach to the
				required and appropriate application a recent passport sized
				photograph.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 2 - APPLICATIONS › Section 16-78-10 - Application for examination and license

Current through June, 2024
(a) Applications
				for examination and license for a beauty operator or an instructor shall be
				filed at least seven weeks prior to the examination month, which may be
				regularly given not less than three times a year.
(b) A temporary permit may be issued to an
				applicant that has met the requirements for examination. The applicant shall
				provide the information necessary to issue a temporary permit.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 2 - APPLICATIONS › Section 16-78-11 - License applications

Current through June, 2024
(a) Applications
				for license of a beauty shop shall include the necessary documents and
				information as required in sections
				16-78-41
				to
				16-78-45,
				in addition to:
(1) Verification that the
				shop complies with the sanitary requirements of the department of
				health;
(2) Name of a currently
				licensed beauty operator who shall practice at the shop;
(3) Should the applicant be a corporation or
				partnership, verification of proper registration with business registration
				division (BREG); and
(4) Should the
				applicant be an individual, a passport sized photograph of the applicant taken
				not more than one year prior to the date of application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 2 - APPLICATIONS › Section 16-78-13 - Denial

Current through June, 2024
In the event an application for examination, issuance or
				  restoration of a license, or registration is denied or refused, the board shall
				  notify the applicant by letter of the board'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 to the right to a hearing if the
				  applicant so desires.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 2 - APPLICATIONS › Section 16-78-14 - Demand for hearing

Current through June, 2024
Any person whose application for admission to the
				  examination, for the issuance, or restoration of a license, or registration has
				  been denied by the board, shall be entitled to a hearing; provided that a
				  demand for a hearing is filed with the board 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 78 - COSMETOLOGY › Subchapter 2 - APPLICATIONS › Section 16-78-15 - Falsification of application

Current through June, 2024
The board 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 license, application for registration,
				  experience verification form, or supporting documents.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 2 - APPLICATIONS › Section 16-78-16 - Abandonment of application

Current through June, 2024
An application shall be deemed to have been abandoned if all
				  requirements, including filing of forms and payment of fees have not been
				  completed within two years from the date first filed.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 3 - VALIDATION › Section 16-78-19 - Requirements for registration

Current through June, 2024
(a) The apprentice
				applicant shall:
(1) Submit verification of
				having an education equivalent to the completion of high school;
(2) Provide the name and address of the
				beauty shop, and the name of the beauty operator supervising the
				apprentice;
(3) Applicants who are
				transferring from, a shop to a school or a school to a shop shall submit
				verification of training hours completed at the shop or school.
Apprentices transferring to a school may be credited with one
				  half number of training hours. Students transferring to a shop may be credited
				  with double the number of training hours;
(4) Apprentices shall have forty-two months
				from the date of registration to complete training at the minimum of twenty
				hours per week;
(5) Apprenticeship
				training shall comply with the board's apprenticeship manual and apprenticeship
				curriculum. Exhibit A entitled "Apprenticeship Manual," dated March 9, 1988,
				located at the end of this chapter, is made part of this chapter; and
(6) No credit will be given for beauty
				training in a shop prior to date of registration with the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 3 - VALIDATION › Section 16-78-20 - Requirements for examination and license

Current through June, 2024
(a) Instructor
				applicants shall provide verification of:
(1)
				Having a current beauty operator license or an instructor license;
(2) Having one year experience as a licensed
				beauty operator; and
(3)
				Satisfactorily completing not less than six hundred hours or four months of
				beauty school instructor training in this State or another jurisdiction having
				substantially equivalent standards. If the training is not substantially
				equivalent, the applicant shall provide verification of one year instructor
				experience.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 78 - COSMETOLOGY › Subchapter 3 - VALIDATION › Section 16-78-21 - Temporary permit

Current through June, 2024
(a) A temporary
				permit shall be issued upon request to applicants approved for examination to
				train and work while waiting for the examination.
(b) The temporary permit shall cover a period
				of three examinations as consecutively scheduled by the board from the date the
				applicant qualifies for the first examination and requests a temporary
				permit.
(c) The temporary permit
				provides the qualified applicant to train and work in a licensed beauty shop
				under supervision of a licensed beauty operator in the appropriate
				certification category.