reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 12 - STATEWIDE PILOTAGE SYSTEM › Section 16-96-61 - Statewide pilotage system

Current through June, 2024
All pilots shall be required to participate in assuring the
				  maintenance of the pilotage services in all pilotage waters of the State. Such
				  participation shall require that each pilot:
(1) Remain in active service;
(2) Participate in the central scheduling
				system as set forth in section 16-96-62;
(3) Participate in the pilot training program
				as set forth in section 16-96-63; and
(4) Adhere to the work rules adopted pursuant
				to this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 12 - STATEWIDE PILOTAGE SYSTEM › Section 16-96-62 - Central scheduling system

Current through June, 2024
(a) All pilots
				shall participate in the central scheduling system that is established by the
				director. The director may contract with any person or entity, including any
				existing pilotage system, to establish and operate a central scheduling office
				for all pilotage services in the State.
(b) Any person or entity that seeks to
				operate the central scheduling system shall submit a proposal to the director
				that shall include, but is not limited to, work rules that:
(1) Assure that all needed pilotage services
				will be available at all times and for all designated pilotage
				waters;
(2) Address in a reasonable
				manner any request for a particular pilot or group of pilots or the refusal to
				use any particular pilot;
(3)
				Assure an expeditious grievance process for the resolution of all complaints
				including a pilot's complaint that the central scheduling system has been
				operated to the disadvantage of that pilot;
(4) Assure equitable distribution of pilotage
				work to all licensed pilots;
(5)
				Establish a method of financing for the proposed central scheduling
				system;
(6) Establish a method for
				dealing with pilotage requests for exempt vessels; and
(7) Establish a method for dealing with the
				availability of support facilities at reasonable rates for pilots at the
				various harbors.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 12 - STATEWIDE PILOTAGE SYSTEM › Section 16-96-63 - Training program

Current through June, 2024
(a) All pilots
				shall participate in a program to train deputy port pilots which shall be
				established by the director. The director may contract with any person or
				entity to establish and operate such a training program. There shall be only
				one training program in existence at any one time.
(b) All deputy port pilots shall receive
				their training under the program established pursuant to this section provided
				that any deputy port pilot licensed prior to the effective date of this section
				may complete training outside of this program.
(c) All pilots shall accept training
				assignments made by the program unless the pilot is physically or mentally
				impaired or unless the pilot is unable to obtain the necessary support
				facilities at reasonable rates in the port involved.
(d) The costs of operating the training
				program shall be offset by a fee to be assessed per vessel movement during any
				period when a deputy pilot is being trained. The fee shall be assessed on all
				vessel movements whether or not the particular vessel involved is carrying a
				deputy port pilot.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 96 - PILOTAGE › Subchapter 12 - STATEWIDE PILOTAGE SYSTEM › Section 16-96-64 - Work rules

Current through June, 2024
All pilots shall adhere to the work rules of the central
				  scheduling system that is established by the director pursuant to section
				  16-96-62 or adopted pursuant to
				  subchapters
				  2 and 3 of this
				  chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 1 - GENERAL PROVISIONS › Section 16-97-1 - Objective

Current through June, 2024
This chapter is intended to clarify and implement chapter
				  463, Hawaii Revised Statutes, to the end that the provisions thereunder may be
				  best effectuated and the public interest most effectively
				  protected.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 1 - GENERAL PROVISIONS › Section 16-97-3 - Notification and filing of names, addresses, and changes

Current through June, 2024
(a)
				Any person holding a license shall file that person's business address with the
				board and shall notify the board in writing within fifteen days of any and all
				changes of the person's business address.
(b) The holder of a license to operate a
				private detective or guard agency shall file with the board the name and
				address of the business, the name and license number of the principal licensee
				and, in the case of a duly registered business entity in good standing with the
				department's business registration division, the names and addresses of the
				sole owner, partners, officers, members, managers, and directors, as the case
				may be, and shall notify the board in writing of any change of the names,
				addresses, and license number as the case may be, within fifteen days of the
				change.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 1 - GENERAL PROVISIONS › Section 16-97-4 - Display of certificate and license

Current through June, 2024
A certificate evidencing that a license has been issued by
				  the board, together with a copy of the currently valid license, shall be
				  conspicuously displayed in the licensee's place of business.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 1 - GENERAL PROVISIONS › Section 16-97-5 - Renewal of license

Current through June, 2024
Renewal fees paid by mail shall be considered as paid when
				  due if the envelope bears a postmark of June 30 or earlier of each
				  even-numbered year. In addition to the renewal fees, each licensee shall
				  submit, on a form prepared by the board, information relative to conviction of
				  the licensee in any jurisdiction, of a crime which reflects unfavorably on the
				  fitness of the licensee to engage in the profession; any psychiatric or
				  psychological treatment the licensee has or is undergoing, and whether any
				  psychiatric or psychological treatment has been recommended to the
				  licensee.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 1 - GENERAL PROVISIONS › Section 16-97-6 - Bond

Current through June, 2024
Each applicant shall provide a bond by a surety or sureties
				  licensed by the state insurance commissioner which shall include a provision
				  that the bonding agent shall notify the board in writing at least thirty days
				  prior to any termination of the bond. Termination of the bond shall result in
				  immediate and concurrent suspension of the license and it shall be suspended
				  until a successor bond is filed; provided that the failure to obtain a new bond
				  within the current biennium shall result in the automatic forfeiture of the
				  license at the end of the current biennium, and a new application shall be
				  required to be filed.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 1 - GENERAL PROVISIONS › Section 16-97-7.1 - Notice due board on death, incapacity, or dissociation of sole proprietor or responsible principal; forfeiture of license

Current through June, 2024
(a) A
				detective or guard agency owned and operated by a sole proprietor shall within
				sixty days after the death or incapacity of the sole proprietor make
				arrangements to close the business and notify the board of the death or
				incapacity of the sole proprietor. Upon notification, the license for the
				detective or guard agency owned and operated by the sole proprietor shall be
				automatically terminated.
(b) A
				detective or guard agency who qualified for licensure by employment of a
				responsible principal detective or guard shall within sixty days after the
				death, incapacity, or dissociation of the responsible principal detective or
				guard, notify the board of the death, incapacity, or dissociation of the
				responsible principal detective or guard. The detective or guard agency shall
				submit an application to qualify a new responsible principal detective or guard
				or place its license on inactive status within ninety-days of the death,
				incapacity, or dissociation of the responsible principal detective or guard.
				The detective or guard agency may continue to operate until the board makes a
				final determination upon its timely application to qualify a new responsible
				principal detective or guard; provided that the detective or guard agency may
				not bid upon or enter into new contracts until the board's determination is
				made.
(c) "Incapacity" includes any
				situation in which the direct management of the licensed detective or guard
				agency's business is no longer under the control of the responsible principal
				detective or guard, or when a subordinate principal is unable to be responsible
				for all projects or services relating to the license held.
(d) The failure of the detective or guard
				agency to notify the board of the death, incapacity, or dissociation of the
				responsible principal detective or guard within the sixty-day period shall
				result in the immediate and concurrent suspension of the license. The license
				shall be suspended until a successor responsible principal detective or guard
				is appointed and registered with the board. If a successor responsible
				principal detective or guard is not appointed and registered with the board
				prior to the end of the current biennium, the license shall be automatically
				terminated and a new application shall be required to be filed.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 1 - GENERAL PROVISIONS › Section 16-97-7.2 - Responsible principal for more than one agency

Current through June, 2024
An individual may be a responsible principal for more than
				  one agency, but not more than two, if:
(1) There is a common ownership of at least
				fifty-one percent of the equity of each entity for which the individual acts as
				the responsible principal; or
(2)
				An entity applying for an agency license is a subsidiary of or joint venture
				with another licensed firm; or
(3)
				There is an immediate and direct family relationship between the responsible
				principal and the officers, directors, members, managers, or partners of the
				other licensed firm for which the individual acts as the responsible principal;
				or
(4) There is an immediate and
				direct family relationship between the officers, directors, members, managers,
				and partners of all detective or guard entities for which the individual acts
				as the responsible principal; 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 a responsible principal for more than one agency.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 1 - GENERAL PROVISIONS › Section 16-97-8 - Conflict of interest

Current through June, 2024
(a) A licensee
				shall not accept employment adverse to a client relating to a matter with
				respect to which the licensee has obtained confidential information by reason
				of or in the course of the licensee's employment by the client.
(b) An employee or a reserve officer of any
				law enforcement agency shall not maintain or be eligible for any license issued
				under chapter
				463, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 1 - GENERAL PROVISIONS › Section 16-97-9 - Doing business as

Current through June, 2024
A licensee shall not solicit or transact business using a
				  name other than the name appearing on the licensee's license. Any trade name
				  used by a licensee shall have been previously registered with the department's
				  business registration division and shall be filed with and approved by the
				  board. A licensee shall notify the board of any name change within fifteen days
				  of the change.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 1 - GENERAL PROVISIONS › Section 16-97-11 - Suppression of evidence

Current through June, 2024
A licensee, or a licensee's employee, shall not knowingly
				  suppress any evidence in the investigation of a criminal or civil matter with
				  intent to cause delay, interference, obstruction, or hindrance to the progress
				  of a law enforcement investigation.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 1 - GENERAL PROVISIONS › Section 16-97-12 - Permanent place of business

Current through June, 2024
(a) Each licensee
				shall be required to maintain a permanent place of business in the state where
				the firm, principal guard or detective may receive service of process. For
				purposes of this section "permanent place of business" means a physical
				address, not a post office box number. A permanent place of business shall
				comply with the zoning requirements of the applicable county.
(b) Attorney's offices or other similar
				business offices in the State may be listed as the place of business for
				out-of-state licensees not conducting detective or guard services in the State
				provided that an individual 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) Shall receive all inquires and other
				correspondence in this State on behalf of the licensee; and
(3) Shall be responsible to see that the
				inquiries and other correspondence are responded to or addressed in a timely
				manner.
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 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 1 - GENERAL PROVISIONS › Section 16-97-13 - Identification

Current through June, 2024
A licensee shall not use or permit any employee to use a
				  vehicle in the performance of the licensee's duties that is painted in a manner
				  or bears any emblem, insignia, or design that may be mistaken for, or resembles
				  that of any law enforcement vehicle. Each licensee shall include the licensee's
				  license number on any advertising. Advertising shall include, but is not
				  limited to the issuance of any card, sign, or device to any person, or any
				  printed or visual communication which includes but is not limited to
				  advertisements contained in newspapers, telephone directories, pamphlets,
				  direct public mailings, and television or radio
				  communications.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 1 - GENERAL PROVISIONS › Section 16-97-14 - Uniforms, badges, identification, emblems

Current through June, 2024
(a) No licensee
				shall use or adopt for use any uniform, badge, identification, or emblem unless
				the uniforms, badges, identifications, or emblems have been approved by the
				board and the chief of police in the county or counties in which the licensee
				intends to transact business.
(b)
				No licensee shall wear or permit any employee to wear any uniform, badge,
				identification, or emblem similar in design as that of any government law
				enforcement agency.
(c) Each
				licensee shall submit to the board the following:
(1) An eight inch by ten inch photograph
				showing the full length front view of the uniform with cap worn by the
				licensee's employees; and
(2) A
				three inch by five inch photograph, sufficient to show detail, of the emblem,
				badge, and identification card, if any, used to identify the licensee's
				employees.
Every licensee shall submit to the board one photograph of
				  each of the above for board records in addition to a sufficient number of
				  photographs for each of the county police departments in which the licensee
				  plans to do or is doing business. The board shall forward the photographs to
				  the appropriate county police department.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 1 - GENERAL PROVISIONS › Section 16-97-15 - Employee Registration

Current through June, 2024
(a) An agency may
				employ as many agents, operatives, assistants, guards, and employees as
				necessary for the conduct of business; provided that the principal guard or
				principal detective of the agency shall be held responsible for the acts of
				those employees while the employees are acting within the scope and purpose of
				the licensee's business.
(b) An
				agency shall not employ any person who has been convicted in any jurisdiction
				of a crime which reflects unfavorably on the fitness of the person to engage in
				the profession, unless there has been an order annulling or expunging that
				convicted person's sentence.
(c)
				Every agency shall file, on a form prescribed by the board, semiannual lists of
				employees hired or terminated during the semiannual period doing any type of
				investigative or guard work. For the semiannual periods of January to June; and
				July to December; lists shall be due on or before July
				31st and January 31st
				respectively. The lists shall contain the names, addresses, dates of birth, and
				dates of hire or termination and any other information required by the board of
				all employees hired or terminated during the semiannual period.
(1) If an employee engaging in investigative
				or guard work is terminated during the semiannual period, the terminated
				employee's name and the date of termination shall be indicated on the
				list.
(2) Every agency by and
				through its responsible principal shall attest on the list that each of these
				newly hired employee's educational, criminal, psychiatric, and psychological
				histories have been verified in accordance with the requirements of this
				chapter and chapter
				463, HRS, prior to being
				hired.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 1 - GENERAL PROVISIONS › Section 16-97-16 - Powers and duties of private detectives and guards; standards of conduct

Current through June, 2024
(a) Arrest. In accordance with section
				803-3, HRS,
				private detectives or guards shall have the authority to arrest, without a
				warrant, anyone in the act of committing a crime.
(b) Stop and frisk. A private detective or
				guard, for good cause, may stop and frisk any person found on the premises
				which are being guarded if based on the private detective or guard's
				observation of the person to be frisked, or other reliable information, the
				private detective or guard suspects that a crime has been or is about to be
				committed.
(c) Interrogation. No
				private detective or guard shall interrogate, question, or in any way abuse the
				civil rights of a person arrested, detained, or found on the premises which are
				being guarded. Any person properly arrested shall be immediately turned over to
				the appropriate governmental authorities.
(d) Use of force. A private detective or
				guard shall comply with the use of force provisions in chapter 703,
				HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 1 - GENERAL PROVISIONS › Section 16-97-17 - Carrying of weapons prohibited

Current through June, 2024
Private detectives or guards shall not carry firearms,
				  blackjacks, batons, night sticks, chemical sprays, stun devices, or other
				  weapons unless specifically authorized in writing by the appropriate state
				  agency or chief of police in the county or counties in which the private
				  detective or guard is doing business.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 1 - GENERAL PROVISIONS › Section 16-97-18 - Payment for services

Current through June, 2024
An agency shall not collect a fee without providing private
				  detective or guard services, as applicable; provided that the agency may charge
				  and collect a retainer fee prior to providing detective or guard services, as
				  applicable.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 2 - APPLICATIONS › Section 16-97-25 - Forms and instructions

Current through June, 2024
An application filed with the board shall be prepared in
				  accordance with and contain the information called for in the application
				  form(s) provided by the board and any instructions which may be required by the
				  board with respect to the filing.
The form(s) may be modified from time to time as
				  required.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 2 - APPLICATIONS › Section 16-97-26 - Applications for examination and oral review for private detective, guard, or agency license

Current through June, 2024
(a) A completed
				application for examination and license shall be submitted at least thirty days
				prior to the next regularly scheduled board meeting and shall be accompanied by
				the required fees. The executive officer of the board may determine the
				sufficiency of the preliminary qualifications of applicants for admission to
				examination.
(b) Each application
				for an individual principal private detective or principal guard license shall
				include the following:
(1) Name;
(2) Social security number;
(3) Date of birth;
(4) Current residence and former residences
				over the last ten years;
(5)
				Present and prior occupational history covering ten years including reason for
				job changes and dates of employment;
(6) Education;
(7) Trade name registration from the business
				registration division, if applicable;
(8) Arrest and conviction history;
(9) Psychiatric history;
(10) Proof that the applicant is a United
				States citizen, a United States national, or an alien authorized to work in the
				United States; and
(11) Any other
				information the board may reasonably require to process the
				application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 2 - APPLICATIONS › Section 16-97-28 - Application for agency license; joint venture

Current through June, 2024
(a) An
				application for private detective or guard agency license shall be accompanied
				by the required fee which shall not be refunded.
(b) Each agency shall maintain a permanent
				place of business in the State of Hawaii which shall be under the direct
				management and control of a licensed principal detective or licensed principal
				guard.
(c) Each agency branch
				office shall be required to have a responsible full-time manager.
(d) A licensed private detective, guard, or
				agency may associate with another licensee by forming a joint venture. The
				joint venture shall apply for an agency license and shall file with the board a
				certified copy of the joint venture agreement.
(e) A corporation, partnership, or joint
				venture shall be allowed not more than one private detective or guard agency
				license.
(f) An applicant shall
				submit the required bond before a license is issued.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 2 - APPLICATIONS › Section 16-97-28.3 - Application for restoration of a forfeited license

Current through June, 2024
A forfeited license may be restored within one year after
				  the date of expiration by filing a renewal application along with any arrest or
				  conviction information and any information on any psychiatric or psychological
				  disorder for which treatment is being received, and paying the renewal fees
				  plus a penalty fee. A person who fails to restore a forfeited license within
				  one year of the date of expiration shall be considered a new applicant and
				  shall satisfy all requirements for licensure in effect at the time the person
				  reapplies for a license.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 2 - APPLICATIONS › Section 16-97-28.5 - Application for reactivation

Current through June, 2024
(a) An inactive
				licensee who has been on an inactive status for six months or less within the
				current biennium may reactivate the license as a principal, sole proprietor,
				detective agency, or guard agency by submitting an application and the
				appropriate fee.
(b) An inactive
				licensee who has been on an inactive status for more than six months may
				reactivate the license as a principal or sole proprietor by submitting an
				application, reactivation and any other appropriate fee, a criminal history
				record check from all locations in which the licensee has resided since placing
				the license on inactive status, a national criminal history record check from
				the FBI, information on any psychiatric or psychological treatment recommended
				since placing the license on inactive status, and any other information the
				board may reasonably require to process the application.
(c) An inactive agency licensee who has been
				on an inactive status for more than six months may reactivate the license by
				submitting an application, reactivation and any other appropriate fee, and a
				criminal history record check from all locations in which each partner of a
				partnership, member of a joint venture, manager or member of a limited
				liability company, and each officer of a corporate entity has resided since
				placing the license on inactive status.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 2 - APPLICATIONS › Section 16-97-29 - Denial of application

Current through June, 2024
(a) In the event
				the board denies an application for the issuance of a license or for the
				reinstatement of a license, the board shall notify the applicant by letter of
				the board's action which shall include a concise statement of the reasons for
				denial or refusal to reinstate and a statement informing the applicant of the
				applicant's right to a hearing if the applicant so desires.
(b) Inaccurate or false information submitted
				by an applicant shall be sufficient grounds for denial of a license.
(c) Conviction in any jurisdiction of a crime
				which reflects unfavorably on the fitness of the applicant to engage in the
				profession; provided that the conviction has not been annulled or expunged by
				court order, shall be sufficient grounds for denial of a license. An applicant,
				however, may, be permitted to present evidence to the board as to why such
				conviction should not be the basis for denial of a license such as the age of
				the conviction, exceptional circumstances surrounding the crime, or the
				completion of a course of rehabilitation which substantially diminishes the
				likelihood of further criminal behavior.
(d) No license shall be granted to applicants
				who have engaged in or who are engaging in any illegal or unlawful conduct
				which reflects unfavorably on the fitness of the applicant to engage in the
				profession.
(e) The board may deny
				issuance of a license if, after investigation, the applicant's background,
				character, competency, and integrity is found to be detrimental to the
				profession or to the best interest of the public.
(f) The board may deny issuance of a license
				if the applicant is found to have undergone psychiatric or psychological
				treatment or if any treatment has been recommended for any psychiatric or
				psychological disorder which may be detrimental to the profession. An applicant
				may, however, be permitted to present to the board a statement signed by the
				attending physician, psychologist, or psychiatrist attesting to the applicant's
				mental and emotional fitness to engage in the profession.
(g) The board may deny issuance of a license
				when the applicant is known to have committed any of the acts for which a
				license may be suspended or revoked under section 16-97-46.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 2 - APPLICATIONS › Section 16-97-30 - Demand for hearing

Current through June, 2024
Any person whose application for a license or reinstatement
				  of a license has been denied by the board, shall be entitled to a hearing
				  pursuant to chapter 16-201, 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 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 2 - APPLICATIONS › Section 16-97-31 - Abandonment of application

Current through June, 2024
If an applicant fails to obtain a license within one year
				  after filing the application, or fails to take the examination within a
				  one-year period after becoming eligible to take the examination, the
				  application shall be considered abandoned and all fees shall be forfeited. An
				  application submitted subsequent to the abandonment shall be considered as a
				  new application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 2 - APPLICATIONS › Section 16-97-32 - License required for bids

Current through June, 2024
A license is required for any individual or entity who
				  submits bids in order to secure a contract which involves providing guard or
				  private detective services.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 3 - VALIDATION REQUIREMENTS › Section 16-97-34 - Educational requirements

Current through June, 2024
The board may accept any of the following:
(1) Certified copy of high school diploma or
				certificate of graduation;
(2)
				Certified transcript of high school record;
(3) A statement from the department of
				education that the applicant possesses the equivalent of a high school
				education; or
(4) Certified copy of
				an associates, bachelor's, masters, or doctorate degree.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 3 - VALIDATION REQUIREMENTS › Section 16-97-35 - Experience requirements

Current through June, 2024
(a) Applicants for
				a private detective license shall have had experience reasonably equivalent to
				at least four years of full-time investigational work.
(1) The board shall require training and
				experience in the following areas:
(A) Case
				investigation and documentation;
(B) Laws and rules;
(C) Ethics;
(D) Privacy issues;
(E) Review of criminal and civil history
				records;
(F) Interview
				techniques;
(G) Collection and
				handling of evidence;
(H) Court
				testimony;
(I) Use of force options
				(chapter 703, HRS);
(J) CPR/first
				aid; and
(K) Surveillance
				techniques and activities.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 3 - VALIDATION REQUIREMENTS › Section 16-97-36 - Identification

Current through June, 2024
Applicants shall provide a recent photograph of themselves,
				  showing only their head and shoulders, and being approximately two-and-a-half
				  inches square.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 3 - VALIDATION REQUIREMENTS › Section 16-97-37 - Fingerprint checks, cards and criminal history background

Current through June, 2024
(a)
				An applicant for a private detective or guard license shall be subject to a
				national criminal history record check, and shall submit:
(1) Electronic fingerprints directly to the
				Hawaii criminal justice data center ("HCJDC") for processing to the FBI;
				or
(2) A completed fingerprint card
				with the application which shall be forwarded to the HCJDC for processing to
				the FBI.
The applicant shall bear the cost of the fingerprint
				  processing. The application shall not be considered complete until the results
				  of the criminal history record check has been received by the Board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 3 - VALIDATION REQUIREMENTS › Section 16-97-38 - Psychiatric or psychological disorders

Current through June, 2024
Applicants for a private detective or guard license shall
				  provide the board with:
(1) A signed
				medical release which authorizes the board to check into the applicant's
				psychiatric or psychological background;
(2) The names of at least two personal
				physicians, psychologists, or psychiatrists that have seen the applicant within
				the past five years;
(3) Any
				information concerning the applicant's treatment for any psychiatric or
				psychological disorder; and
(4)
				Information describing any treatment for a psychiatric or psychological
				disorder that was recommended, but not completed.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 3 - VALIDATION REQUIREMENTS › Section 16-97-39 - Occupational and employment history; notarization

Current through June, 2024
Each applicant for a private detective or guard license and
				  each general partner, member of a joint venture, manager member of a limited
				  liability partnership or company, or corporate officer listed on the agency
				  application shall submit on a form provided by the board, a notarized statement
				  covering the applicant's occupational and employment history for the ten years
				  immediately preceding the date of application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 4 - EXAMINATION › Section 16-97-40 - Written

Current through June, 2024
The written examination for private detective or guard shall
				  include questions on the laws, rules, knowledge, experience and skills, which
				  specifically apply to the holder of a private detective or guard license, as
				  the case may be.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 4 - EXAMINATION › Section 16-97-40.1 - Examination not required

Current through June, 2024
An examination shall not be required when the applicant,
				  within a period of one year prior to application, has previously qualified by
				  written examination, or was licensed in good standing or on an inactive status,
				  provided the applicant applies for a license in the same classification in
				  which the applicant previously qualified by examination or was licensed in good
				  standing or on an inactive status.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 4 - EXAMINATION › Section 16-97-41.1 - Failure to pass examination

Current through June, 2024
Applicants failing to obtain a passing score after two
				  consecutive attempts may not sit for reexamination within ninety days of the
				  last failed administration. Applicants failing to obtain a passing score and to
				  secure a license within one year after filing the application for license shall
				  reapply as a new applicant.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 5 - ORAL TESTIMONY › Section 16-97-42 - Oral testimony

Current through June, 2024
(a) The board shall
				accept oral testimony on any item which is on the agenda, provided that the
				testimony shall be subject to the following conditions:
(1) Each person seeking to present oral
				testimony shall 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 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 6 - LICENSE SUSPENSION AND REVOCATION › Section 16-97-47 - Board jurisdiction to proceed

Current through June, 2024
The lapsing 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 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 7 - PRACTICE AND PROCEDURE › Section 16-97-50 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedures for private detectives
				  and guards 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 1 - GENERAL PROVISIONS › Section 16-98-1 - Objective

Current through June, 2024
This chapter is intended to clarify and implement chapter
				  465, Hawaii Revised Statutes, to the end that the provisions thereunder may be
				  best effectuated and the public interest most effectively
				  served.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-98-2 - Definitions

Current through June, 2024
As used in this chapter:
"AASPB" means American Association of State Psychology
				  Boards.
"ABPP" means American Board of Professional
				  Psychology.
"Accredited institution" means an institution of higher
				  education which is accredited by the Middle States Association of Colleges and
				  Secondary Schools, New England Association of Colleges and Secondary Schools,
				  North Central Association of Colleges and Secondary Schools, Northwest
				  Association of Secondary Schools, Southern Association of Colleges and
				  Secondary Schools or the Western Association of Schools and Colleges.
"Approved program" means a program in clinical psychology
				  approved by the American Psychological Association.
"Board" means the board of psychology.
"Consultation" means the act or procedure of seeking advice
				  or information, or exchanging views and conferring with an individual, who has
				  no legal, administrative, and professional accountability for the services to
				  be rendered,
"Direction" means the management, regulation, supervision,
				  instruction, and guidance of the actions or operations of an individual.
				  Direction shall be presumed if the person directing another individual has the
				  legal, administrative, and professional accountability for the services to be
				  rendered. The term does not include consultation with an individual.
"Doctoral degree" means a degree in psychology or
				  educational psychology.
"Enrolled" means that a person is in a graduate program in
				  psychology in an accredited institution prior to January 1, 1986, and will be
				  receiving a doctoral degree not later than June 30, 1988.
"EPPP" means Examination for Professional Practice in
				  Psychology.
"Experiential requirements" means two years of supervised
				  experience (equivalent to three thousand eight hundred hours) in health service
				  in psychology, of which at least one year (equivalent to one thousand nine
				  hundred hours) is in an organized health service training program, and one year
				  (equivalent to one thousand nine hundred hours) is
				  postdoctoral.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-98-3 - Notification and filing of names, addresses, and changes

Current through June, 2024
Any person holding a license or temporary permit authorizing
				  the person to use the title "licensed psychologist" shall file the person's
				  mailing address and the employer's name and address with the board and shall
				  immediately notify the board in writing of any and all
				  changes.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-98-4 - Direction of an individual

Current through June, 2024
Only a licensed psychologist in the State shall be
				  considered eligible to direct the services of an individual, and only if the
				  licensed psychologist meets the following requirements:
(1) Prior to the individual interacting with
				others, the person seeking to direct an individual:
(A) Shall inform the board in writing as to
				when the direction shall begin; and
(B) Shall notify the board in writing of the
				person's own name, address, license number, state in which granted and area of
				specialization, as well as the name and address of the person to be directed.
				Tlie notification shall also contain the following statement: "I,
				____________________________________________, hereby attest that
				_______________ is being directed by me pursuant to section
				465-3(2),
				HRS, as defined by section 16-98-2.";
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 2 - REQUIREMENTS › Section 16-98-8 - Examinations

Current through June, 2024
(a) No person shall be eligible for
				examination unless the person:
(1) Is
				professionally competent and has demonstrated knowledge in the practice of
				psychology; and
(2) Holds a
				doctoral degree from an approved program or accredited institution with the
				graduate level training leading to the doctoral degree meeting the requirements
				of section 16-98-9.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 2 - REQUIREMENTS › Section 16-98-9 - Training

Current through June, 2024
(a) "Training" means graduate level training
				leading to the doctoral degree with the curriculum encompassing a minimum of
				three academic years of full-time graduate study in an approved program or an
				accredited institution.
(b) The
				graduate level training program shall require each student to demonstrate
				competence in each of the subject areas set forth in this section. This shall
				be met by including a minimum of three graduate semester hours (or the
				equivalent in graduate quarter hours) in each of the following subject areas:
(1) Scientific and professional ethics and
				standards;
(2) History and
				systems;
(3) Research design and
				methodology; and
(4) Statistics and
				psychometrics.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 3 - APPLICATIONS › Section 16-98-12 - Forms and instructions

Current through June, 2024
Application shall be made on the form provided by the board
				  and shall be prepared in accord with instructions thereon. The following forms
				  are currently in use by the board:
(1)
				Application for license as psychologist;
(2) Application for reexamination;
(3) Application restoration; and
(4) Application for reinstatement.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 3 - APPLICATIONS › Section 16-98-13 - Examination and licensure

Current through June, 2024
(a) An application
				for examination and licensure may be filed by a person holding a doctoral
				degree from an approved program or an accredited institution; provided the
				person holding a doctoral degree from an accredited institution has also
				completed the required number of hours of internship and postdoctoral
				experience or holds a diplomate certificate in good standing.
(b) The application shall be filed at least
				seventy-five days before the examination which is regularly conducted by the
				board in April and October, and shall be accompanied by the application fee
				which shall not be refunded,
(c)
				The board shall determine the sufficiency of qualifications of applicants for
				examination and licensure.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 98 - PSYCHOLOGISTS › Subchapter 3 - APPLICATIONS › Section 16-98-14 - Reexamination

Current through June, 2024
An application for reexamination shall be filed not less
				  than seventy-five days before the examination and shall be accompanied by the
				  examination fee. The board shall determine the sufficiency of the
				  qualifications of applicants for admission to reexamination.