reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 12 - APPRAISAL STANDARDS › Section 16-114-89 - Signature on appraisal reports

Current through June, 2024
(a) If an appraisal
				report is prepared and signed by a state licensed appraiser, the appraisal
				report shall state, immediately following the signature on the report, "state
				licensed appraiser" and the appraiser's license number and expiration
				date.
(b) If an appraisal report is
				prepared and signed by a state certified appraiser, the appraisal report shall
				state, immediately following the signature on the report, "state certified
				general appraiser" or 'state certified residential appraiser," as the case may
				be, and the appraiser's certificate number and expiration date.
(c) If an appraisal report is prepared and
				signed by an appraiser licensed or certified in another jurisdiction whose
				license or certificate has been temporarily recognized by the director, the
				appraisal report shall state, immediately following the signature on the
				report, "licensed appraiser," "certified general appraiser," or "certified
				residential appraiser," as the case may be, the appraiser's license or
				certificate number, the expiration date of the license or certificate, and the
				jurisdiction in which the appraiser is licensed or certified.
(d) Appraisal reports prepared by appraiser
				assistants shall be approved and signed by a certified appraiser.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 13 - RECORDS AND APPRAISAL REPORT RETENTION REQUIREMENT › Section 16-114-94 - Records and appraisal report retention requirement

Current through June, 2024
(a) Every
				licensed or certified appraiser shall retain originals or true copies of
				appraisal contracts, appraisals, and all supporting data and documents for a
				period of five years.
(b) The
				five-year period shall commence upon date of delivery of the appraisal report
				to the client provided that if the appraiser is notified that the appraisal or
				appraisal report is involved in litigation, the five-year period shall commence
				upon the date of the final disposition of the litigation.
(c) The appraiser shall make all records
				available, upon request, to the director or the director's authorized delegate.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 14 - ADVERTISING PRACTICES › Section 16-114-99 - Advertising practices

Current through June, 2024
Any person advertising through any media as a state licensed
				  or state certified appraiser shall list the appraiser's license or certificate
				  number. For purposes of this section, "media" includes, but is not limited to,
				  newspapers, magazines, calling cards, and directories, including all listings
				  in telephone directories.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 15 - DISCIPLINARY SANCTIONS › Section 16-114-104 - Disciplinary action

Current through June, 2024
(a) The director,
				after a hearing in accordance with chapter
				91, HRS, may order one or more of the
				following remedies as appropriate relief:
(1)
				Refunding the money paid as fees for services;
(2) Correcting the work done in providing
				services;
(3) Revoking the license
				or certificate;
(4) Suspending the
				license or certificate;
(5)
				Imposing a fine; and
(6) Any other
				reasonable means to secure relief as determined by the director.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 15 - DISCIPLINARY SANCTIONS › Section 16-114-105 - Hearings

Current through June, 2024
Any proceeding before the director to take disciplinary
				  action or other sanctions against a licensed or certified appraiser shall be
				  conducted in accordance with chapter
				  91, HRS.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 15 - DISCIPLINARY SANCTIONS › Section 16-114-106 - Grounds for revocation, suspension, refusal to renew, restore, or reinstate, denial, or conditioning of licenses or certificates

Current through June, 2024
In addition to any other acts or conditions provided by law,
				  the director may revoke, suspend, refuse to renew, restore, or reinstate, deny,
				  or condition in any manner, any license or certificate for any one or more of
				  the following acts or conditions:
(1)
				Procuring a license or certificate through fraud, misrepresentation, or
				deceit;
(2) Failing to meet or
				maintain the requirements or conditions necessary to qualify for licensure or
				certification;
(3) Engaging in the
				practice of a real estate appraiser or holding oneself out as a real estate
				appraiser without first having been issued a license or certificate;
(4) Acting negligently or incompetently or
				failing without good cause to exercise reasonable diligence in developing an
				appraisal, preparing an appraisal report, or communicating an
				appraisal;
(5) Failing to comply
				with USPAP;
(6) Conviction of, or
				pleading nolo contendere to, a crime that is directly related to the
				qualification, functions, or duties of an appraiser;
(7) Entrance against the appraiser of a civil
				judgment on grounds of dishonesty, fraud, or misrepresentation;
(8) Committing any act or omission in the
				practice of real estate appraising which constitutes dishonesty, fraud, or
				misrepresentation;
(9) Accepting an
				appraisal assignment if the employment or fee is contingent upon:
(A) The appraiser reporting a predetermined
				estimate, valuation, analysis, or opinion; or
(B) The consequences resulting from the
				appraisal assignment;
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 15 - DISCIPLINARY SANCTIONS › Section 16-114-107 - Reinstatement of suspended license or certificate

Current through June, 2024
A person whose license or certificate has been suspended may
				  apply for reinstatement of the license or certificate upon complete compliance
				  with any term or condition imposed by the order of suspension. The application
				  for reinstatement shall be accompanied by the appropriate fees, application,
				  proof of completed continuing education hours that would have been required had
				  the licensee or certificate holder maintained licensure or certification
				  including proof of successful completion of the seven-hour national USPAP
				  course or its equivalent, and any other documents required by this
				  chapter.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 15 - DISCIPLINARY SANCTIONS › Section 16-114-108 - Revoked license or certificate

Current through June, 2024
Upon the expiration of at least five years from the
				  effective date of the revocation of the license or certificate, a person may
				  apply for a new license or certificate by filing an application and complying
				  with all current requirements for new applicants.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 15 - DISCIPLINARY SANCTIONS › Section 16-114-109 - Relinquishment no bar to jurisdiction

Current through June, 2024
The forfeiture, nonrenewal, surrender, or voluntary
				  relinquishment of a license or certificate by an appraiser shall not bar
				  jurisdiction by the director to proceed with any investigation, action, or
				  proceeding against the appraiser to revoke, suspend, condition, limit, or
				  discipline the appraiser's license or certificate.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 15 - DISCIPLINARY SANCTIONS › Section 16-114-110 - Judicial review by circuit court

Current through June, 2024
Any person aggrieved by a final decision and order of the
				  director in a contested case is entitled to judicial review thereof by the
				  circuit court. The review shall be as provided by chapter
				  91, HRS. It shall be conducted by the
				  court without a jury and shall be confined to the record.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 16 - UNAUTHORIZED PRACTICE AS AN APPRAISER › Section 16-114-115 - No compensation for unauthorized activity; civil action

Current through June, 2024
The failure of any person to maintain a current and valid
				  license or certificate prior to engaging in any activity requiring licensure or
				  certification by the director shall prevent such person from recovering in a
				  civil action for work or services performed on a contract or on any legal basis
				  to recover the reasonable value thereof.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 16 - UNAUTHORIZED PRACTICE AS AN APPRAISER › Section 16-114-116 - Civil and criminal sanctions for unauthorized activity; fines; injunctive relief; damages

Current through June, 2024
(a) Any licensee or
				certificate holder aiding or abetting an unlicensed or uncertified person to
				directly or indirectly evade chapter 466K, HRS, or this chapter, or knowingly
				combining or conspiring with an unlicensed or uncertified person, or acting as
				agent, partner, associate, or otherwise, of an unlicensed or uncertified person
				with the intent to evade this chapter may be fined $1,000.
(b) Any person, who engages in an activity
				requiring an appraiser's license or certificate issued by the director and who
				fails to obtain the required license or certificate, or who uses any work,
				title, or representation to induce the false belief that the person is licensed
				or certified to engage in said activity, shall be guilty of a misdemeanor and
				shall be subject to a fine of not more than $1,000 or imprisoned not more than
				one year, or both, and each day of violation shall be deemed a separate
				offense.
(c) The department or
				director may maintain a suit to enjoin the performance or the continuance of
				any act or acts by a person acting without a license or certificate where a
				license or certificate is required by law, and if injured thereby, for the
				recovery of damages. The department or director may also seek the imposition of
				fines provided by subsection (a). It shall not be necessary that actual damages
				to the plaintiff or petitioner be alleged or proved. Reasonable attorney's fees
				and costs shall be allowed by the court to the plaintiff or petitioner as the
				prevailing party.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 16 - UNAUTHORIZED PRACTICE AS AN APPRAISER › Section 16-114-117 - Remedies or penalties cumulative

Current through June, 2024
Unless otherwise expressly provided, the remedies or
				  penalties provided by this chapter are cumulative to each other and to the
				  remedies or penalties available under all other laws of this
				  State.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 17 - ADMINISTRATIVE PROCEDURES › Section 16-114-122 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for appraisers shall be
				  as provided in chapter 16-201, the rules of practice and procedure of the
				  department as adopted and as may subsequently be amended, which are
				  incorporated by reference and made a part of this chapter.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 18 - PUBLICATION OF ROSTER › Section 16-114-127 - Publication of roster

Current through June, 2024
The director or the director's delegate shall prepare
				  annually, a roster showing the name and place of business of each individual
				  holding a license as a state licensed appraiser or a certificate as a state
				  certified appraiser. The roster shall be sent to the Appraisal Subcommittee by
				  June 15 of each year.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 19 - FEES › Section 16-114-137 - Fees established

Current through June, 2024
(a) The fees shall
				be set forth in chapter 16-53.
(b)
				The annual registry fee may be increased if the Appraisal Subcommittee or the
				Federal Financial Institutions Examination Council so informs the director of
				the increase, and may be imposed on licensees or certificate holders without
				hearing. Failure to pay any increase of the annual registry fee within sixty
				days of notification to do so shall result in automatic forfeiture of the
				license or certificate. Requirements to restore a license or certificate shall
				be as stated in section 16-114-48.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 19 - FEES › Section 16-114-138 - Form of fee

Current through June, 2024
The fees, if in the form of a money order or check, shall be
				  made payable to the department of commerce and consumer
				  affairs.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 19 - FEES › Section 16-114-139 - Dishonored checks considered failure to meet requirements

Current through June, 2024
The dishonoring of any check upon first deposit shall be
				  considered a failure to meet requirements.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 114 - REAL ESTATE APPRAISERS › Subchapter 19 - FEES › Section 16-114-140 - Fees deposited; transmittal to the Federal Financial Institutions Examination Council

Current through June, 2024
(a) All fees,
				except for the annual registry fees, shall be deposited into the compliance
				resolution fund established pursuant to section
				26-9(o),
				HRS.
(b) The annual registry fees
				shall be transmitted by the department to the Federal Financial Institutions
				Examination Council in accordance with submission requirements of the Appraisal
				Subcommittee.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2016-01, November, eff.
				  11/27/2016 is not
				  yet available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-115-1 - Objective

Current through June, 2024
This chapter is intended to clarify and implement chapter
				  464, 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 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-115-3 - Notification and filing of names, addresses, and changes

Current through June, 2024
A licensee shall file the licensee's mailing address and
				  name with the board and shall immediately notify the board in writing within
				  thirty days of any and all changes of address or name.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-115-4 - Business entities

Current through June, 2024
Pursuant to chapters
				  428 and
				  464, HRS, a corporation, partnership,
				  or limited liability company may engage in the practice of professional
				  engineering, architecture, land surveying, or landscape architecture in the
				  State provided the person or persons connected with the business entity
				  directly in charge of the professional work is or are duly licensed under
				  chapter
				  464, HRS. The person or persons in
				  direct charge shall be full-time employee(s), principal(s), officer(s),
				  partner(s), member(s), or manager(s) of the business entity, and shall have
				  been delegated the legal authority to bind the business entity in all matters
				  relating to the professional work.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-115-5 - Display of certificate

Current through June, 2024
Every licensee who, as an individual or as a member of a
				  firm, partnership, corporation, or limited liability company, conducts an
				  office or other place of business for the practice of the licensee's
				  profession, shall display the licensee's certificate together with evidence of
				  current validation in a conspicuous manner, in the licensee's principal office
				  or place of business.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-115-6 - Lost, destroyed, or mutilated certificate of licensure

Current through June, 2024
Upon request accompanied by affidavit showing loss,
				  destruction, or mutilation of a certificate, a licensee shall be furnished a
				  new certificate.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-115-7 - Biennial renewal

Current through June, 2024
Renewal fees paid by mail shall be considered as paid when
				  due if the envelope bears a postmark of April 30 or earlier.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-115-8 - Seal or stamp

Current through June, 2024
(a) The licensee
				shall use a seal or stamp that is legible and reproducible of the following
				design:
(1) Two circles - a smaller one,
				1-1/8" in diameter, within a larger one, 1-1/2" in diameter. The name of the
				licensee and the words "Hawaii, U.S.A." shall be in the outer or annular space.
				The words "Licensed Professional Engineer", "Licensed Professional Architect",
				"Licensed Professional Land Surveyor", or "Licensed Professional Landscape
				Architect", together with the licensee's license number, shall be inserted in
				the center space;
(2) The engineer
				shall also insert in the center space and after the license number, the
				abbreviation of the engineering branch in which the engineer has especially
				qualified; and
(3) The engineering
				branch abbreviations shall be:
(A) "Ag." -
				Agricultural;
(B) "Ch." -
				Chemical;
(C) "C." -
				Civil;
(D) "E." - El
				ectrical;
(E) "I." -
				Industrial;
(F) "M." - Mechanical;
				and
(G) "S." -
				Structural.
(4) An
				example of an acceptable seal or stamp is as follows:
Click here
				  to view Image
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-115-10 - Misconduct in the practice

Current through June, 2024
Misconduct in the practice of the profession of engineering,
				  architecture, land surveying, or landscape architecture means without
				  limitation the following:
(1) Acting
				for licensee's client, or employer, in matters otherwise than as a faithful
				agent or trustee, or accepting any remuneration other than the licensee's
				stated recompense for services rendered;
(2) To knowingly injure or attempt to injure
				falsely or maliciously, directly or indirectly, the professional reputation,
				prospects, or practice of another engineer, architect, land surveyor, or
				landscape architect;
(3)
				Advertising in a false, misleading, or deceptive manner;
(4) "Plan stamping"; i.e. sealing, stamping,
				or certifying any document which was not prepared by or supervised by the
				licensee; and
(5)
				Misrepresentation, deceit, fraud, gross negligence, and other offenses relating
				to misconduct of the licensee's practice.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-115-11 - Oral testimony

Current through June, 2024
(a) The board shall
				accept oral testimony on any item which is on the board's agenda, provided that
				the testimony shall be subject to the following conditions:
(1) Each person seeking to present oral
				testimony is requested to notify the board not later than forty-eight hours
				prior to the meeting, and at that time, to 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; provided that the period is not less
				than five minutes, and the person testifying 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 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-115-12 - Denial

Current through June, 2024
In the event an application for the issuance of a license or
				  for the reinstatement thereof is denied, the board shall notify the applicant
				  by letter of the board's action which shall include a concise statement of the
				  reasons therefor and a statement informing the applicant of the applicant's
				  right to a hearing if the applicant so desires. Where the board has approved an
				  application for licensure subject to the applicant passing an examination but
				  the applicant fails the examination, notice of failure of the examination shall
				  be deemed sufficient notice under this rule.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-115-13 - Demand for hearing

Current through June, 2024
Any person whose application for a license or whose
				  application for the reinstatement of a license has been denied by the board
				  shall be entitled to a hearing after notice, provided that the demand for a
				  hearing is filed with the board within sixty days of the date of mailing of the
				  letter informing the applicant of the denial of applicant's
				  application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-115-14 - Proceedings upon demand for hearing

Current through June, 2024
If a demand for hearing is filed within the time prescribed,
				  the board shall order a hearing upon notice, which shall be conducted pursuant
				  to chapter
				  91, HRS, and chapter 16-201,
				  Administrative Practice and Procedure.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 1 - GENERAL PROVISIONS › Section 16-115-15 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for engineers,
				  architects, surveyors, and landscape architects 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 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 2 - PROFESSIONAL ENGINEERS › Section 16-115-21 - Branches of engineering

Current through June, 2024
A person may qualify for licensure in the following branches
				  of engineering:
(1)
				Agricultural;
(2)
				Chemical;
(3) Civil;
(4) Electrical;
(5) Industrial;
(6) Mechanical; or
(7) Structural.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 2 - PROFESSIONAL ENGINEERS › Section 16-115-22 - Forms and instructions

Current through June, 2024
To apply for licensure, a person shall complete and file
				  with the board the appropriate application forms. The following forms are
				  currently in use by the board:
(1)
				Application for Licensure-Engineer;
(2) Additional Experience Form;
(3) Verification of Lawful Experience;
				and
(4) Verification or Experience
				in Responsible Charge.
The aforementioned forms may be modified from time to time
				  as required.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 2 - PROFESSIONAL ENGINEERS › Section 16-115-24 - Licensure by endorsement

Current through June, 2024
(a) The engineer
				committee shall review a person's qualifications for licensure by endorsement
				and make recommendations to the board.
(b) To be eligible for licensure by
				endorsement, a person shall hold a current license from another jurisdiction,
				currently possess the appropriate education and lawful experience requirements
				provided in section
				464-8(a)(2) to
				(6), HRS, and sections 16-115-33(a) and
				16-115-39, and shall:
(1) Have successfully
				passed the NCEES fundamentals of engineering examination or a similar
				state-produced licensing examination; provided that this examination
				requirement may be waived if the person has at least fifteen years of
				experience in responsible charge of the appropriate branch of engineering work
				as approved by the board; and
(2)
				Have successfully passed the NCEES professional engineering branch or combined
				examination, or the board-produced structural engineering examination, or a
				similar state-produced licensing examination.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 2 - PROFESSIONAL ENGINEERS › Section 16-115-26 - Licensure by examination

Current through June, 2024
(a) The engineer
				committee shall review a person's qualifications for licensure by examination
				and make recommendations to the board.
(b) To be eligible for licensure by
				examination, the person shall:
(1) Meet the
				qualifications as contained in section
				464-8(a)(2) to
				(6), HRS;
(2) Have passed the appropriate examinations
				as contained in section 16-115-27; and
(3) Certify on the application that the
				person has read, understood, and agrees to comply with the laws and rules of
				the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 2 - PROFESSIONAL ENGINEERS › Section 16-115-27 - Examination requirements for licensure

Current through June, 2024
(a) A person
				applying for licensure by examination shall be required to pass the following
				examinations:
(1) NCEES fundamentals of
				engineering examination; and
(2)
				NCEES professional engineering branch examination.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 2 - PROFESSIONAL ENGINEERS › Section 16-115-29 - Passing score

Current through June, 2024
The passing score shall be:
(1) A grade of not less than seventy for the
				NCEES fundamentals of engineering and professional engineering branch
				examinations, or a grade of pass for similar state-produced licensing
				examinations; and
(2) For
				structural engineers, a grade of not less than seventy for Part I and a grade
				of pass for both portions of Part II of the NCEES structural engineering
				examination, or a grade of not less than seventy or pass for a state-produced
				structural engineering licensing examination.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 2 - PROFESSIONAL ENGINEERS › Section 16-115-31 - Examination-fundamentals of engineering: qualifications, application, fees, required documents

Current through June, 2024
(a) To be eligible
				for the NCEES fundamentals of engineering examination, the person shall:
(1) Hold a masters degree in engineering from
				an institution of higher education approved by the board;
(2) Be a graduate of a school or college of
				engineering approved by the board;
(3) Be a graduate of a school or college
				approved by the board, have completed an engineering technology curriculum of
				four years or more or an arts and science curriculum of four years or more with
				a math, science, or science-related major and have not less than two years of
				full-time lawful experience or the part-time equivalent in
				engineering;
(4) Be in the last
				year of an engineering curriculum at a school or college approved by the board
				with graduation expected not later than seven months from the date of
				application as confirmed by the dean of the applicant's school or college of
				engineering. If graduation does not occur within the seven-month period, the
				application shall be void; or
(5)
				Have not less than nine years of full-time lawful experience or part-time
				equivalent in engineering.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 2 - PROFESSIONAL ENGINEERS › Section 16-115-33 - Examination-professional engineering: qualifications, application, fees, required documents

Current through June, 2024
(a) To be eligible
				for the NCEES professional engineering branch examination, the person shall:
(1) Hold a masters degree in engineering from
				an institution of higher education approved by the board, be a graduate of a
				school or college approved by the board, have completed an engineering
				curriculum of four years or more, and have not less than three years of
				full-time lawful experience or the part-time equivalent in
				engineering;
(2) Hold a masters
				degree in engineering from an institution of higher education approved by the
				board and have not less than four years of full-time lawful experience or the
				part-time equivalent in engineering;
(3) Be a graduate of a school or college
				approved by the board, have completed an engineering curriculum of four years
				or more, and have not less than four years of full-time lawful experience or
				the part-time equivalent in engineering;
(4) Be a graduate of a school or college
				approved by the board, have completed an engineering technology curriculum of
				four years or more or an arts and science curriculum of four years or more with
				a math, science, or science-related major, and have not less than eight years
				of full-time lawful experience or the part-time equivalent in engineering;
				or
(5) Have not less than twelve
				years of full-time lawful experience or part-time equivalent in
				engineering.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 2 - PROFESSIONAL ENGINEERS › Section 16-115-35 - Examination-professional engineering (additional branch): qualifications, application, fees, required documents

Current through June, 2024
(a) To be eligible
				for the NCEES professional engineering branch examination for the additional
				branch, the person shall:
(1) Hold a current
				professional engineer's license; and
(2) Meet the educational and experience
				requirements as contained in section 16-115-33(a).
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 2 - PROFESSIONAL ENGINEERS › Section 16-115-37 - Re-examination

Current through June, 2024
(a) A person may retake the examination(s)
				failed.
(b) A person applying to
				retake the NCEES fundamentals of engineering or the NCEES professional
				engineering branch examination in the civil, chemical, electrical, or
				mechanical branch shall file an Application for Re-examination no later than
				January 10 for the examination which is regularly conducted once a year in
				April.
(c) A person applying to
				retake the NCEES professional engineering branch examination in the
				agricultural, industrial, or structural branch shall file an Application for
				Re-examination no later than July 10 for the examination which is regularly
				conducted once a year in October.
(d) The application shall be accompanied by
				the examination fee, which may not be refunded.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 2 - PROFESSIONAL ENGINEERS › Section 16-115-39 - Lawful experience

Current through June, 2024
(a) The following
				may be acceptable lawful experience subject to the evaluation and approval of
				the board:
(1) Field, including construction,
				and office training or experience in engineering under the supervision of
				licensed professional engineers who are in the same branch in which the person
				seeks licensure;
(2) For structural
				engineering applicants from a jurisdiction in which structural engineering is
				considered a part of civil engineering, field and office training in structural
				engineering under the supervision of a licensed professional civil engineer in
				that jurisdiction; or
(3) Teaching
				in an accredited institution, school, or college of engineering. Maximum
				experience credit for teaching shall be one year of teaching third, fourth, or
				fifth year courses. One year of teaching shall be considered to be a total
				teaching load of twenty semester credit hours or thirty quarter credit hours.
				The teaching credit can be applied only where minimum full-time lawful
				experience requirements are more than two years.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 3 - ARCHITECTS › Section 16-115-45 - Forms and instructions

Current through June, 2024
To apply for licensure, a person shall complete and file
				  with the board the appropriate application forms. The following forms are
				  currently in use by the board:
(1)
				Application for Licensure-Architect;
(2) Additional Experience Form;
(3) Verification of Lawful Experience;
				and
(4) Verification of Experience
				in Responsible Charge.
The aforementioned forms may be modified from time to time
				  as required.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 3 - ARCHITECTS › Section 16-115-47 - Licensure by endorsement

Current through June, 2024
(a) The architect
				committee shall review a person's qualifications for licensure by endorsement
				and make recommendations to the board.
(b) To be eligible for licensure by
				endorsement, a person shall hold a current license from another jurisdiction,
				currently possess the appropriate education and lawful experience requirements
				provided in section
				464-8(b)(2) to
				(5), HRS, and sections 16-115-54(a) and
				16-115-58, and shall either:
(1) Hold a
				current NCARB certificate; or
(2)
				Have successfully passed the NCARB architect registration examination (A.R.E.)
				or a similar state-produced licensing examination.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 3 - ARCHITECTS › Section 16-115-49 - Licensure by examination

Current through June, 2024
(a) The architect
				committee shall review a person's qualification for licensure by examination
				and make recommendations to the board.
(b) To be eligible for licensure by
				examination, the person shall:
(1) Meet the
				qualifications as contained in section
				464-8(b)(2)
				to 5, HRS;
(2) Have passed the
				appropriate examination(s) as contained in section 16-115-50; and
(3) Certify on the application that the
				person has read, understood, and agrees to comply with the laws and rules of
				the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 3 - ARCHITECTS › Section 16-115-50 - Examination requirements for licensure

Current through June, 2024
(a) A person
				applying for licensure by examination shall be required to pass the
				A.R.E.
(b) The board reserves the
				right to modify or supplement the examination(s).
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 3 - ARCHITECTS › Section 16-115-52 - Passing score

Current through June, 2024
The passing score shall be:
(1) A grade of not less than seventy-five or
				pass for each of the portions of the A.R.E.; or
(2) A grade of pass for similar
				state-produced licensing examination.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 3 - ARCHITECTS › Section 16-115-54 - Examination: qualifications, application, fees, documents required

Current through June, 2024
(a) To be eligible for the A.R.E., the person
				shall:
(1) Hold a bachelor's, master's, or
				higher degree in architecture from a school or college approved by the board as
				of satisfactory standing, and be enrolled in IDP;
(2) Be a graduate of a school or college with
				an architectural curriculum of four years or a pre-architecture or arts and
				science curriculum of four years or more, have not less than five years of
				full-time lawful experience or the part-time equivalent in architecture, and
				have completed IDP;
(3) Be a
				graduate of a community college or other technical training school with an
				architectural technology curriculum of two years or more, have not less than
				eight years of full-time lawful experience or the part-time equivalent in
				architecture, and have completed IDP; or
(4) Have not less than eleven years of
				full-time lawful experience or the part-time equivalent in architecture, and
				have completed IDP.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 3 - ARCHITECTS › Section 16-115-56 - Re-examination

Current through June, 2024
(a) A person may retake the failed portion(s)
				of the A.R.E. every six months or at times specified by NCARB.
(b) The testing agency approved by the board
				shall send a notice of authorization to retake the failed portion(s) of the
				A.R.E. to the person prior to the date the examination may be
				retaken.
(c) A person shall
				schedule the re-examination with the testing agency approved by the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 3 - ARCHITECTS › Section 16-115-58 - Lawful experience

Current through June, 2024
(a) The following
				may be acceptable lawful experience subject to the evaluation and approval of
				the board:
(1) Field and office training or
				experience in architecture under the supervision of licensed professional
				architects;
(2) Teaching in an
				accredited institution, school, or college of architecture. Maximum experience
				credit for teaching shall be one year of teaching third, fourth, or fifth year
				courses. One year of teaching shall be considered to be a total teaching load
				of twenty semester credit hours or thirty quarter credit hours. The teaching
				credit can be applied only where minimum full-time lawful experience
				requirements are more than two years;
(3) Intern development program experience;
				or
(4) Successful completion of the
				practicum experience component in an architecture doctorate degree
				program.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 3 - ARCHITECTS › Section 16-115-59 - Intern development program

Current through June, 2024
(a) Effective June
				30, 2000, an applicant shall be required to fulfill the training requirements
				of the IDP of NCARB as approved by the board, or any similar program
				satisfactory to the board.
(b) An
				applicant shall acquire seven hundred training units to satisfy the IDP
				training requirement. One training unit equals eight hours of acceptable
				experience in the training categories specified below.
(c) The training units shall be acquired in
				the following training settings as approved by the board:
(1) Experience in architecture as an employee
				under the supervision of a licensed professional architect in a firm whose
				practice encompasses the comprehensive practice of architecture;
(2) Experience in architecture as an employee
				under the supervision of a licensed professional architect in a firm whose
				practice does not encompass the comprehensive practice of
				architecture;
(3) Experience
				directly related to architecture under the supervision of a licensed
				professional engineer or licensed professional landscape architect;
(4) Excluding the experience provided in
				paragraphs (1) to (3) above, experience in activities involving the design and
				construction of buildings or structures, (e.g., analysis of existing buildings,
				planning, programming, design of interior space, review or technical
				submissions, engaging in building construction activities and the like) under
				the supervision of a person experienced and licensed in the activity;
				or
(5) Teaching or research in a
				professional degree program accredited by the National Architectural
				Accreditation Board, Inc.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 4 - LAND SURVEYORS › Section 16-115-64 - Forms and instructions

Current through June, 2024
To apply for licensure, a person shall complete and file
				  with the board the appropriate application forms. The following forms are
				  currently in use by the board:
(1)
				Application for Licensure-Land Surveyor;
(2) Additional Experience Form;
(3) Verification of Lawful Experience;
				and
(4) Verification of Experience
				in Responsible Charge.
The aforementioned forms may be modified from time to time
				  as required.