reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 5 - REGISTERED REAL ESTATE SCHOOLS › Section 16-99-62 - Records

Current through June, 2024
(a) Each school shall maintain records on the
				following:
(1) Class attendance of each
				student;
(2) Tuition and other
				charges collected from each student;
(3) The names of the students to whom it
				issued a certificate of completion, the course for which the certificate of
				completion was issued, and the date when the certificate of completion was
				issued, which shall be submitted to the commission within ten days of the class
				completion date; and
(4) The
				qualifying exams administered for purposes of issuing a school certificate of
				completion.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 5 - REGISTERED REAL ESTATE SCHOOLS › Section 16-99-63 - Reports

Current through June, 2024
Each school may be required to submit reports to the
				  commission and may be subject to review regarding its educational programs
				  conducted in conformance with this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 5 - REGISTERED REAL ESTATE SCHOOLS › Section 16-99-65 - Renewals

Current through June, 2024
(a) Applications for renewal of a school's
				registration shall be submitted by the commission prescribed deadline of every
				even-numbered year.
(b) The
				following shall accompany an application:
(1)
				A renewal fee;
(2) A statement as
				to the enrollment and advance deposit charged per student for each of the
				school's broker and salesperson courses offered during the preceding
				registration period;
(3) The dates
				and locations of course of study to be offered if the registration is renewed;
				and
(4) A surety bond to the
				commission conditioned for the protection of the contractual rights of real
				estate students in an amount equal to the sum of:
(A) The largest number of students enrolled
				in the school's broker course at any one time during the preceding registration
				period multiplied by the advance deposit charged per student for the broker
				course; and
(B) The largest number
				of students enrolled in the school's salesperson course at any one time during
				the preceding registration period multiplied by the advance deposit charged per
				student for the salesperson course.
In no event shall the amount of the bond be less than $2,000.
				  The bond shall be issued by a surety authorized to do business in the
				  State.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 5 - REGISTERED REAL ESTATE SCHOOLS › Section 16-99-66 - Advertising

Current through June, 2024
(a) For purposes of this subchapter,
				"advertising" means an announcement by an accredited real estate school for the
				purpose of promoting the school or soliciting students and shall include, but
				not be limited to, all printed, audio, and visual communications, such as
				newspaper advertisements, direct public mailings, books and periodicals,
				television and radio commercials, current and future technology, and
				others.
(b) All advertisements
				soliciting students shall be of an announcement type listing, at the minimum,
				the place where a school catalogue or brochure may be obtained.
(c) Prior to publication and dissemination,
				all schools shall submit to the commission for review all copies or proofs of
				advertising, brochures, and promotional materials covering its real estate
				course.
(d) The commission, at any
				time may require that a school furnish proof of any of its advertising claims.
				Retractions of advertising claims may be ordered by the commission, with the
				retractions published in the same manner as the claims themselves.
(e) A school shall be held strictly
				responsible for the acts and promises of all its agents or persons engaged in
				soliciting students.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 5 - REGISTERED REAL ESTATE SCHOOLS › Section 16-99-67 - School brochure or catalogue

Current through June, 2024
(a) Each school
				shall distribute to prospective students and other interested persons, a
				brochure or catalogue. Each brochure or catalogue shall include, at minimum,
				the following:
(1) Name, address, and
				telephone number of the school;
(2)
				Date of issue;
(3) School's owner
				or owners and principal;
(4) Any
				available locations, and if the class location is tentative, that fact shall be
				disclosed;
(5) School's
				calendar;
(6) Class
				hours;
(7) Schedule of all
				charges;
(8) A statement that the
				school's curriculum is available for any student's inspection upon
				request;
(9) Course titles and
				objectives;
(10) Course outlines or
				description;
(11) Length of
				course;
(12) School's policy on
				attendance, absences, and make-up;
(13) School's policy on grading, reporting of
				grades, and standards required;
(14) School's policy on student
				conduct;
(15) School's policy on
				refund of tuition and other fees collected;
(16) If a minimum number of students is
				necessary to operate a class, that fact shall be disclosed and a minimum number
				given; and
(17) If the course or
				any portion of the services are advertised as being free, a complete disclosure
				of all conditions shall be stated.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 5 - REGISTERED REAL ESTATE SCHOOLS › Section 16-99-68 - Prohibited advertising practices

Current through June, 2024
(a) No school shall
				provide any information to the public or to prospective students which is
				false, misleading, or deceptive. Information is "misleading" when there may be
				a possibility that it will deceive the class of persons whom it is intended to
				influence.
(b) No school shall use
				any name, other than the name under which it registered with the commission,
				for advertising or publicity purposes.
(c) No school shall advertise that it is
				"recommended," "endorsed," "approved," or "accredited" by the commission. A
				school may indicate that it is "registered" with the commission to conduct
				courses to qualify applicants for the real estate license
				examination.
(d) No school shall
				make any warranties or guarantees that a student will pass the real estate
				license examination by taking its course.
(e) No school shall advertise that it is
				endorsed by business establishments, organizations, or individuals engaged in
				the kind of work for which training is given until written evidence of this
				fact is filed with the commission.
(f) No school shall solicit students in "help
				wanted" or other employment columns in newspapers or other publications or in
				any other form of advertising other than that which shows itself clearly to be
				that of a school seeking to enroll students.
(g) No school shall make or imply any
				guarantee of employment or income to any student or prospective student unless
				the school can in fact guarantee employment or income and the school does so in
				writing.
(h) No school shall
				advertise a course of instruction which has not been approved by the commission
				unless the advertisement clearly states that it is a "proposed" or "tentative"
				offering, subject to the approval of the commission. No money shall be
				collected from any prospective student for enrollment in such a course until it
				has been approved by the commission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 5 - REGISTERED REAL ESTATE SCHOOLS › Section 16-99-69 - Revocation or suspension of school registration, course approval, and instructor certification

Current through June, 2024
The commission may revoke or suspend the registration of any
				  real estate school, the approval of any real estate course, or the
				  certification of any instructor for any of the following causes:
(1) The school, instructor, or course falls
				below the minimum requirements established by the commission including a
				student exam passing percentage;
(2) The school or instructor violates any
				ordinances, codes, statutes, or rules relating to real estate schools or
				instructors;
(3) The school or
				instructor solicits information from any person for the purpose of discovering
				past examination questions or questions which may be used in future
				examinations;
(4) The school or
				instructor distributes to any person copies of examination questions or
				otherwise communicates to any person examination questions, without the prior
				written approval of the copyright owner of the examination questions so
				distributed or communicated; or
(5)
				The instructor sits for a Hawaii real estate license examination during the
				period the instructor is certified by the commission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 5 - REGISTERED REAL ESTATE SCHOOLS › Section 16-99-70 - Hearings

Current through June, 2024
(a) When the commission denies an application
				for registration or renewal of a school, or deems it proper to revoke or
				suspend the registration of any school, the approval of any course, or the
				certification of any instructor, the commission shall notify in writing the
				person or school involved of the commission's action. The notification shall
				include a concise statement of the reasons for the commission's action and a
				statement that the person or school involved may request a hearing.
(b) Requests for a hearing shall be filed
				with the commission within sixty days of the date of the letter informing the
				school or instructor of the commission's action.
(c) If a demand for a hearing is filed within
				the time prescribed, the commission shall order a hearing pursuant to chapters
				91 and 92, HRS, and chapter 16-201, Administrative Practice and Procedure.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 6 - PRACTICE AND PROCEDURE › Section 16-99-75 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for real estate 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 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 7 - RECOVERY FUND › Section 16-99-79 - Recovery fund settlement procedures

Current through June, 2024
Upon the occurrence of all of the following, the commission
				  may settle any subsequent claim against the real estate recovery fund involving
				  a licensee that was previously named in an order and on whose behalf the
				  commission had been required to make payments out from the recovery
				  fund:
(1) The claimant is seeking
				recovery against the same licensee as named in an order for which the
				commission had been required to make a payment from the recovery
				fund;
(2) The claimant is similarly
				situated as the claimant named in an order for which the commission has been
				required to make a payment from the recovery fund;
(3) The claimant notifies the commission in
				writing within the same time period specified in section
				467-18,
				HRS, that it has commenced an action for a judgment which may result in
				collection from the real estate recovery fund;
(4) The claimant files a verified claim with
				the commission stating with particularity the reasons, grounds, and evidence in
				support of claimant's request for settlement directly with the
				commission;
(5) The claimant gives
				reasonable notice to the licensee at the licensee's last known address by
				registered or certified mail, restricted delivery to addressee only, return
				receipt requested that claimant intends to settle the claim directly with the
				commission together with a copy of the verified claim. Where it is impossible
				to give licensee notice by mail, claimant shall give notice to licensee by
				publication once in a newspaper of general circulation in the State, that the
				claimant intends to settle the claim directly with the commission, a summary of
				the reasons, grounds, and evidence supporting claimant's relief from the
				recovery fund. Any notice given shall also contain a statement to the effect
				that any payment from the recovery fund shall result in an automatic
				termination of the licensee's license;
(6) The licensee has had an opportunity to
				respond within a reasonable time, in writing, to claimant's verified
				claim;
(7) That claimant is not a
				spouse of the licensee, or the personal representative of such
				spouse;
(8) The claimant has made
				all reasonable searches and inquiries to ascertain whether the licensee is
				possessed of real or personal property or other assets, which may be used to
				satisfy the claim and that by such search the claimant has discovered no such
				assets;
(9) The commission is
				satisfied, that there is sufficient evidence to support a settlement of the
				claim; and
(10) The settlement is
				in the best interest of the real estate recovery fund.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 8 - ORAL TESTIMONY › Section 16-99-83 - Oral testimony

Current through June, 2024
(a) The commission
				shall accept oral testimony on any item which is on the commission'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 commission no later than forty-eight hours prior
				to the meeting, and at that time shall state the item on which testimony is to
				be presented;
(2) The commission
				may request that any person providing oral testimony submit the remarks, or a
				summary of the remarks, in writing to the commission;
(3) The commission may rearrange the items on
				the agenda for the purpose of providing for the most efficient and convenient
				presentation of oral testimony;
(4)
				Persons presenting oral testimony, at the beginning of the testimony, shall
				identify themselves and the organization, if any, that they
				represent;
(5) The commission 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 commission may refuse
				to hear any testimony which is irrelevant, immaterial, or unduly repetitious to
				the agenda item on which it is presented.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-89 - Equivalent continuing education

Current through June, 2024
(a) In reviewing a
				request for an equivalency of the required continuing education hours as
				specified in sections
				467-4.5 and
				467-11.5,
				HRS, the commission may be guided but may not be limited by all of the
				following:
(1) The request is for a course
				completed, within the current biennium prior to license renewal, on or before
				the license expiration date;
(2)
				The request is for a course not specifically excluded by the provisions
				specified in section
				16-99-101; and
(3) The course objectives for the requested
				course equivalency must satisfy the requirements of section
				16-99-100, or the request is for a
				course offered and completed outside the State and is:
(A) Certified by the Association of Real
				Estate License Law Officials; or
(B) A national course that is delivered by an
				instructor certified by the National Association of Realtors or its affiliates,
				the Building Owners and Managers Association, the Community Associations
				Institute, or any other national organization approved by the
				commission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-90 - License renewal procedure

Current through June, 2024
In renewing an individual license on an active status, the
				  licensee shall provide the commission evidence of completing the continuing
				  education hours as required in section
				  467-11.5
				  HRS, including a mandatory core course if specified by the commission, which
				  have been completed on or before the commission-prescribed deadline of an
				  even-numbered year and within the current license biennium. Such evidence shall
				  include but not be limited to submission by the provider, using a
				  commission-prescribed electronic method, of the licensee's name, license
				  number, license status, course and instructor names, and other information the
				  commission may require.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-91 - Activating an inactive real estate license

Current through June, 2024
Prior to making a written request to activate an inactive
				  status individual license, an applicant who has been inactive for one or more
				  renewal periods, shall first satisfy the prescribed continuing education hours
				  of one prior renewal period. The commission shall credit the applicant with
				  continuing education hours for any certified continuing education core or
				  elective courses completed during the immediate prior renewal period. As an
				  equivalent, where the commission deems appropriate, the inactive licensee may
				  retake and pass the applicable salesperson or broker prelicense examination.
				  The requirements of this section are in addition to other requirements of this
				  subchapter and chapter
				  467, HRS, for activating an inactive
				  status license.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-92 - Continuing education hours in license restoration and reinstatement cases

Current through June, 2024
Prior to applying to the commission for restoration or
				  reinstatement of a license to active status, an applicant shall satisfy the
				  prescribed continuing education hours or the equivalent as determined by the
				  commission for one prior renewal period. The commission shall credit the
				  applicant with continuing education hours for any certified continuing
				  education core or elective courses completed during the immediate prior renewal
				  period. As an equivalent, where the commission deems appropriate, the applicant
				  may either take and pass the applicable salesperson or broker prelicense
				  examination, or complete such other courses as prescribed by the commission, or
				  both. The requirements of this section are in addition to other conditions
				  stated in the order of suspension, and other applicable requirements of this
				  chapter and chapter
				  467, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-93 - Excess continuing education hours

Current through June, 2024
Except as permitted by sections
				  16-99-91 and
				  16-99-92, continuing education
				  clock hours obtained in excess of the continuing education hours required by
				  section
				  467-11.5,
				  HRS, cannot be carried forward to satisfy the continuing education requirements
				  for any subsequent license renewal.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-94 - Continuing education certificates of completion

Current through June, 2024
The form of a continuing education certificate of completion
				  of course shall be as prescribed by the commission. The number of continuing
				  education hours appearing on each certificate shall be the number of hours
				  previously approved by the commission. A continuing education provider may
				  offer a class for more hours than previously approved by the commission. But
				  the number of course hours appearing on the continuing education course
				  completion certificate shall be only for the amount as previously approved by
				  the commission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-95 - Duplicate continuing education hours

Current through June, 2024
Except as provided by the commission or by this subchapter,
				  a licensee shall not take a continuing education course for which the licensee
				  has already received a certificate within two consecutive
				  biennia.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-96 - An instructor who is a licensee

Current through June, 2024
In satisfying the continuing education hours of a license
				  period, an instructor who is a real estate licensee, may use once in any two
				  consecutive biennium, the clock hours for each course taught except the core
				  course which may be recognized for clock hours each biennium. The one time use
				  applies even when the instructor has taught the course more than
				  once.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-97 - Extensions

Current through June, 2024
Upon application, on a form provided by the commission, and
				  for good cause shown as determined by the commission, the commission may extend
				  the time for completing the continuing education hours.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-98 - Prior to offering a continuing education course

Current through June, 2024
An individual or organization may solicit students for,
				  advertise for, or take reservations for a continuing education course offering,
				  when the proposed continuing education course is:
(1) Certified by the commission;
(2) Identified by a specified commission
				assigned course number; and
(3)
				Sponsored by a registered continuing education provider.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-99 - Application for registration as a continuing education provider

Current through June, 2024
(a) A continuing education provider shall be
				responsible for the administration of the course offering. An application for
				registration as a continuing education provider shall be made to the commission
				on a form prescribed by the commission. The application shall be submitted with
				a nonrefundable application fee in an amount as provided in rules adopted by
				the director of commerce and consumer affairs pursuant to chapter
				91, HRS, and include at least the
				following:
(1) The complete legal name of the
				provider, telephone number, current mailing address, and the provider's
				administrative office address;
(2)
				The form of ownership of the provider, whether sole proprietorship,
				partnership, corporation, or limited liability company, and the name, telephone
				number, and current address of the provider's owner. When the owner of the
				continuing education provider is not an individual, the names, titles, and
				addresses of the directors, officers, members, managers, or partners of the
				entity together with a stamped filed copy of the articles of incorporation or
				partnership agreement on file with the State business registration division
				must be submitted to the commission;
(3) The name, address, and telephone number
				of the provider's administrator;
(4) A statement that all classroom facilities
				comply with the county building department, county fire department, and the
				State department of health requirements;
(5) A statement certifying that the provider
				has a student attendance policy and procedures for monitoring attendance and
				record keeping for a minimum of four years;
(6) A statement certifying that the provider
				has a policy for a refund, issuance of a certificate of completion of course,
				and the means by which the statement of policies shall be provided to a student
				prior to registering for the course;
(7) A surety bond conditioned for the
				protection of the contractual rights of real estate students in an amount not
				less than $2,000 issued by a surety authorized to do business in the State;
				provided that no bond shall be required if the course is delivered
				electronically or as approved by the commission; and
(8) Other additional information as may be
				required by the commission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-100 - Criteria for approving and certifying continuing education courses

Current through June, 2024
(a) The commission may approve and certify a
				continuing education course when the course satisfies all of the following:
(1) Is for a core or elective course designed
				for any one of the following purposes:
(A)
				Protecting the general public in its real estate transactions;
(B) Enabling the licensee to serve the
				objectives of the consumer in a real estate transaction; or
(C) Enabling the licensee to develop and
				improve a licensee's competency and professionalism in a changing
				marketplace;
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-101 - Courses not acceptable for continuing education course certification

Current through June, 2024
The commission may not certify a continuing education
				  course, or any portion thereof, which:
(1) Does not directly relate to real estate
				law or real estate practice;
(2) Is
				related to passing a prelicense real estate salesperson or broker
				exam;
(3) Teaches general office
				skills, such as word processing, basic internet skills, computer software or
				other technology, personal motivation, and time management;
(4) Includes sales or promotions of a product
				or service or other meetings held in conjunction with general real estate
				brokerage activity;
(5) Is devoted
				to meals or refreshments;
(6) Is
				less than three clock hours in duration; and
(7) Does not meet the definition of
				continuing education as determined by the commission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-102 - Application for certification of a continuing education course

Current through June, 2024
(a) An application for certification of a
				continuing education course shall be made on a form prescribed by the
				commission. Applications for course certification shall be made for all courses
				except those courses which have been developed by the commission. The
				certification shall be valid for the duration of the biennium license period
				for which certification is sought, unless sooner terminated as provided by
				rules of this subchapter.
(b) An
				application for certification of a continuing education course shall be
				accompanied by a nonrefundable application fee as provided in rules adopted by
				the director of commerce and consumer affairs pursuant to chapter
				91, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-103 - Offerings of a certified continuing education course

Current through June, 2024
(a)
				A provider shall not solicit students for registration for any offering of a
				certified continuing education course without first notifying the commission on
				a form prescribed by the commission at least three calendar days prior to the
				course offering date. In notifying the commission, the provider shall do all of
				the following:
(1) Notify the commission of
				the provider's intention to solicit students. The notification shall contain at
				least the course offering date, time, location, fees and charges, and the
				instructor's name; and
(2) Certify
				to the commission that the instructor meets the requirements pursuant to
				section 16-99-104.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-104 - Criteria for certification of a continuing education instructor

Current through June, 2024
(a) Every continuing education provider shall
				determine that each instructor evidences an ability to teach and command
				knowledge of the subject matter of the course and shall certify to the
				commission on a form prescribed by the commission that each instructor has met
				the commission requirements.
(b) A
				continuing education instructor evidences an ability to teach by possessing:
(1) A bachelor's degree or higher in
				education;
(2) A current teaching
				designation from an organization recognized by the commission;
(3) A current teaching credential;
(4) A full-time current appointment to the
				faculty of an accredited institution of higher education;
(5) Three years of full-time teaching in any
				field. "Three years of full-time teaching" may have been accumulated over a
				period exceeding three years;
(6) A
				certificate of completion from a special real estate instructor institute
				approved by the commission; or
(7)
				Other experience or credentials as the commission may approve.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-105 - Biennial provider registration and course certification

Current through June, 2024
(a)
				A continuing education provider shall be biennially registered with the
				commission. The biennial registration renewal fee shall be paid to the
				department of commerce and consumer affairs by the commission-prescribed
				deadline of every even-numbered year.
(b) A continuing education course shall be
				biennially certified by the commission. The biennial certification renewal fee
				shall be paid to the department of commerce and consumer affairs by the
				commission-prescribed deadline of every even-numbered year.
(c) The registration of a continuing
				education provider and the certification of a continuing education course shall
				expire at the end of every even-numbered year. To renew a provider registration
				or course certification, each provider and each course owner shall,
				respectively, satisfy all of the following:
(1) Submit a new application for registration
				as a provider or course certification;
(2) Satisfy, respectively, the initial
				registration and certification requirements of this subchapter;
(3) Pay all required fees as set forth in
				rules adopted by the director of commerce and consumer affairs pursuant to
				chapter
				91, HRS; and
(4) Meet all other applicable requirements of
				this subchapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-106 - Forfeited registration, certification; restoration

Current through June, 2024
(a)
				Failure, neglect, or refusal by any person to pay the respective biennial
				renewal provider registration fee or course certification fee shall constitute
				a forfeiture of the certificate of registration or certification.
(b) Any forfeited certificate of registration
				or certification may be restored upon satisfaction of all of the following:
(1) Written application;
(2) Continued satisfaction of the respective
				requirements of sections
				16-99-99 and
				16-99-100; and
(3) Payment of the applicable fees specified
				in rules adopted by the director of commerce and consumer affairs pursuant to
				chapter
				91, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-107 - Fees

Current through June, 2024
All fees shall be as provided in rules adopted by the
				  director of commerce and consumer affairs pursuant to chapter
				  91, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-108 - Revocation or suspension of a continuing education course certification

Current through June, 2024
The commission may revoke or suspend the certification of a
				  continuing education course for any of the following causes:
(1) The course no longer satisfies the
				requirements of section
				16-99-100;
(2) The course contains outdated or incorrect
				information; and
(3) Such other
				cause as may be determined by the commission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-109 - Revocation or suspension of a continuing education provider registration

Current through June, 2024
The commission may revoke or suspend a continuing education
				  provider's registration for any of the following causes:
(1) The provider allows its instructors to
				use outdated course information and material in the teaching of any continuing
				education course;
(2) The provider
				permits a course to be taught by an instructor who is not qualified to teach
				the continuing education course pursuant to guidelines of section
				16-99-104;
(3) The provider permits an individual who
				has been disciplined by the commission or by any other licensing regulatory
				body of this State or of any other state to have direct supervision of the
				continuing education provider's staff or instructors, or to occupy a position
				from which the individual can set policy and direct the operations of the
				provider's continuing education business. The disciplinary action of any other
				licensing regulatory body must have been for fraud, misrepresentation, or
				deceit in connection with the purchase, sale, exchange, management of any
				interest in real estate, or for any other conduct substantially related to the
				practice or profession of real estate;
(4) The provider permits an individual who
				has been convicted of a crime in connection with operating a business relating
				to the delivery of educational courses to have direct supervision of the
				continuing education provider's staff or instructors, or to occupy a position
				from which the individual can set policy and direct the operations of the
				provider's continuing education business;
(5) The provider violates any statutes or
				rules relating to continuing education providers;
(6) The provider falsifies or misrepresents
				any information or document submitted to the commission;
(7) The provider fails to correct any noted
				defect pursuant to section
				16-99-119;
(8) The provider fails to satisfy the record
				keeping requirements of sections
				16-99-111 and
				16-99-112; or
(9) Such other causes as may be determined by
				the commission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-111 - Record keeping responsibilities of a continuing education provider

Current through June, 2024
(a) A continuing education provider shall
				submit all required reports and records by the deadline prescribed by this
				subchapter and by other designated administrative deadlines as from time to
				time may be imposed by the commission.
(b) When a provider fails to keep, produce,
				or timely submit any report or record as required by this section, the
				commission may do any or all of the following:
(1) Suspend, after written notice, without a
				hearing, the issuance of blank forms of certificates of course
				completion;
(2) Suspend the
				issuance of a course number for any subsequent course offering until the
				provider complies with the record keeping and submittal requirements of this
				subchapter; or
(3) Revoke or
				suspend the registration of the provider.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-112 - Record keeping information and retention period

Current through June, 2024
(a)
				A real estate continuing education provider shall maintain for a period of at
				least four years records of course offerings (including names of instructors,
				dates of and locations of course offerings), student attendance, student
				registration, course completions, student evaluations, and personal information
				and resumes of its instructors and administrators. Each student record shall
				include, at a minimum, the following:
(1) The
				student's name, address, real estate license number, license status, continuing
				education course completion information including course and instructor names,
				course offering number and date, and whether the student completed the course,
				course completion certificate number, and amount of approved clock hours of
				continuing education credits earned; and
(2) Proof of actual course attendance
				including a verified sign-in and sign-out attendance sheet or a student
				certification statement in the case of a continuing education course offered by
				alternative delivery methods with interactive instructional techniques. The
				sign-in and sign-out sheet may be kept in another location other than the
				student's record, provided that reference to such location shall be made in
				each student's record. The name, address, and phone number of the individual
				who verified the student's attendance shall also be noted in the student's
				record.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-113 - Advertising

Current through June, 2024
(a) For purposes of this subchapter,
				"advertising" means an announcement by a continuing education provider for the
				purpose of promoting itself as a provider or for soliciting students and
				includes, but is not limited to, all printed and visual communications, such as
				newspaper advertisements, direct public mailings, books and periodicals,
				television and radio commercials, and others.
(b) All advertisements soliciting students
				shall be of an announcement type listing, and minimally, include the name and
				address of the continuing education provider, the place where a catalogue or
				brochure may be obtained, a brief description of the course, a statement that
				the course can be used for satisfying continuing education requirements, and
				the number of course hours approved for continuing education.
(c) A continuing education provider shall
				keep on file at its place of business all advertising materials, subject to
				inspection and review by the commission upon written request.
(d) A continuing education provider shall not
				be advertised or be represented as having been "registered" with the commission
				until the provider has received written notification of its registration from
				the commission.
(e) All advertising
				materials and claims shall be free from misrepresentation and fraud.
(f) The commission, at any time, may require
				that a continuing education provider furnish proof of any of its advertising
				claims. Retractions of advertising claims may be ordered by the commission,
				with the retractions published in the same manner as the claims
				themselves.
(g) A continuing
				education provider shall be held strictly responsible for the acts and promises
				of its agents who solicit students.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-114 - Prohibited advertising practices

Current through June, 2024
A continuing education provider shall not engage in any of
				  the following acts:
(1) Provide any
				information to the public or to a prospective student, which is false,
				misleading, or deceptive. Information is "misleading" when there may be a
				possibility that it will deceive the class of persons whom it intended to
				influence;
(2) Use any name, other
				than the full name or the trade name registered with the commission, for
				advertising or publicity purposes;
(3) Advertise that it is "recommended,"
				"endorsed," "approved," or "accredited" by the commission. A continuing
				education provider may indicate that it is "registered" with the commission to
				conduct courses to assist the licensee in obtaining the necessary continuing
				education hours for license renewal;
(4) Advertise that it is endorsed by business
				establishments, organizations, or individuals engaged in the kind of work for
				which training is given until written evidence of this fact is filed with the
				commission;
(5) Make or imply any
				guarantee of employment or income to any student or prospective student unless
				the continuing education provider can in fact guarantee employment or income
				and the continuing education provider does so in writing;
(6) Advertise a course which has not been
				certified by the commission, unless the advertisement clearly states that it is
				a "proposed" or "tentative" offering, subject to the certification by the
				commission; or
(7) Collect from any
				prospective student any tuition or advance deposits unless the continuing
				education course is certified by the commission.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-115 - Continuing education course entrance requirements

Current through June, 2024
Prior to allowing any licensee into a continuing education
				  course, a continuing education provider shall verify the identification of that
				  licensee. At minimum, the continuing education provider shall require a picture
				  identification and a current real estate pocket card or notification of
				  licensed status from the commission. In limited circumstances, for reasons
				  beyond the licensee's control, by way of example, but not limited to the
				  example where a licensee is in the process of restoring a forfeited license, a
				  provider may admit with a picture identification an individual, but shall not
				  issue a certificate of completion of the course until the licensee produces a
				  duly issued real estate license pocket card or commission issued real estate
				  license restoration application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-116 - Discontinuing course offerings

Current through June, 2024
Ten days prior to the cancellation of provider registration,
				  a provider shall in writing inform the commission of its intent to cancel its
				  registration and discontinue the offering of courses. Within a reasonable time,
				  after informing the commission of its intention to cancel its registration, the
				  provider shall refund any course tuition and other fees collected in
				  advance.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-117 - Material change

Current through June, 2024
Any anticipated material change to a commission certified
				  continuing education course shall be submitted by the course owner to the
				  commission for approval thirty days prior to making the
				  changes.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 99 - REAL ESTATE BROKERS AND SALESPERSONS › Subchapter 9 - CONTINUING EDUCATION › Section 16-99-119 - Review, evaluation, and investigation

Current through June, 2024
With or without the giving of any prior notice, the
				  commission may conduct a review, evaluation, or investigation of an application
				  for continuing education course certification or continuing education provider
				  registration. With or without any prior notice, the commission may conduct a
				  review, evaluation, or investigation of a course offering or a registered
				  continuing education provider's operations and performance. A review,
				  evaluation, or investigation may be conducted by any means including but not
				  limited to surveys, observations, physical inspections, and on-site monitoring,
				  as well as interviews with providers, owners, administrators, instructors, and
				  students. When the commission has reason to believe that a continuing education
				  provider may be in violation of this subchapter or is otherwise failing to
				  maintain reasonable operating standards, the commission may give appropriate
				  written notice to the provider specifying the grounds for the violation and
				  requiring that corrective action be taken by the provider within thirty days of
				  the receipt of the notice. The provider may request a hearing of the alleged
				  violations and requested corrective acts pursuant to chapter
				  91, HRS, and chapter
				  16-201.