reglab/statecodes huggingface dataset:
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 16-115-66 - Licensure by endorsement

Current through June, 2024
(a) The land
				surveyor 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(c)(1)(B) to
				(D), HRS, and sections 16-115-75(a) and
				16-115-79, and shall either:
(1) Have
				successfully passed the NCEES fundamentals of land surveying examination and
				the NCEES professional land surveying examination, or similar state-produced
				licensing examination; or
(2)
				Possess at least fifteen years of experience in responsible charge of land
				surveying work as 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 4 - LAND SURVEYORS › Section 16-115-68 - Licensure by examination

Current through June, 2024
(a) The land
				surveyor 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(c)(1)(B) to
				(D), HRS;
(2) Have passed the appropriate examinations
				as contained in section 16-115-69; 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 4 - LAND SURVEYORS › Section 16-115-69 - 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 land
				surveying examination;
(2) NCEES
				professional land surveying examination; and
(3) Board-produced professional land
				surveying examination on Hawaii land matters and Hawaii land
				description.
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 16-115-71 - Passing score

Current through June, 2024
The passing score shall be:
(1) A grade of not less than seventy for the
				NCEES fundamentals of land surveying and professional land surveying
				examinations, or a grade of pass for similar state-produced licensing
				examinations; and
(2) A grade of
				not less than seventy for the board-produced professional land surveying
				examination.
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 16-115-73 - Examination-fundamentals of land surveying: qualifications, application, fees, required documents

Current through June, 2024
(a) To be eligible
				for the NCEES fundamentals of land surveying examination, the person shall:
(1) Be a graduate of a school or college
				approved by the board and have completed a geo-science or civil or general
				engineering curriculum of four years or more;
(2) Be a graduate of a school or college
				approved by the board, have completed a civil engineering technology (survey
				option) curriculum of two years or more or arts and science curriculum of four
				years or more with a math, science, or science-related major and have not less
				than five years of full-time lawful experience or the part-time equivalent in
				land surveying;
(3) Be in the last
				year of a geo-science or civil or general 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. If graduation does not occur within the seven-month period,
				the application shall be void; or
(4) Have not less than nine years of
				full-time lawful experience or the part-time equivalent in land
				surveying.
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 16-115-75 - Examination-professional land surveying: qualifications, application, fees, required documents

Current through June, 2024
(a) To be eligible
				for the NCEES or board-produced professional land surveying examination, the
				person shall:
(1) Be a graduate of a school
				or college approved by the board, have completed a geo-science, civil
				engineering, or general engineering curriculum of four years or more and also
				have not less than three years of full-time lawful experience or part-time
				equivalent in land surveying;
(2)
				Be a graduate of a school or college approved by the board, have completed a
				civil engineering technology (survey option) curriculum of two years or more or
				arts and sciences curriculum of four years or more with a math, science, or
				science-related major, and also have not less than seven years of full-time
				lawful experience or the part-time equivalent in land surveying; or
(3) Have not less than eleven years of
				full-time lawful experience or the part-time equivalent in land
				surveying.
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 16-115-77 - 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 land surveying examination, NCEES professional
				land surveying examination, and board-produced professional land surveying
				examination 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) 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 4 - LAND SURVEYORS › Section 16-115-79 - 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 land surveying under the supervision of licensed professional
				land surveyors; or
(2) Teaching in
				an accredited institution, school, or college. 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 5 - LANDSCAPE ARCHITECTS › Section 16-115-85 - 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-Landscape 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 5 - LANDSCAPE ARCHITECTS › Section 16-115-87 - Licensure by endorsement

Current through June, 2024
(a) The landscape
				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(d) (2) to
				(5), HRS, and sections 16-115-94(a) and
				16-115-98, and shall either:
(1) Have
				successfully passed a CLARB landscape architectural licensing examination or a
				similar state-produced licensing examination; or
(2) Possess at least fifteen years of
				experience in responsible charge of landscape architectural work as 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 5 - LANDSCAPE ARCHITECTS › Section 16-115-89 - Licensure by examination

Current through June, 2024
(a) The landscape
				architect 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(d)(2) to
				(5);
(2) Have passed the appropriate examinations
				as contained in section 16-115-90; and
(3) Certify on the application that the
				person has read, understood, and agreed 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 5 - LANDSCAPE ARCHITECTS › Section 16-115-90 - 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) CLARB landscape
				architectural licensing examination; and
(2) Board-produced landscape architectural
				licensing examination on the State's climatic conditions, native plants and
				native ecosystems, land use ordinances and special management area
				requirements, and cultural and historical conditions affecting landscape
				architecture.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 5 - LANDSCAPE ARCHITECTS › Section 16-115-92 - Passing score

Current through June, 2024
The passing score shall be:
(1) A grade of not less than seventy-five for
				each section of the CLARB landscape architectural licensing examination, or a
				grade of pass for similar state-produced licensing examination; and
(2) A grade of not less than seventy-five for
				the board-produced landscape architectural licensing examination.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 5 - LANDSCAPE ARCHITECTS › Section 16-115-94 - Examination: qualifications, application, fees, documents required

Current through June, 2024
(a) To be eligible for the CLARB or
				board-produced landscape architectural licensing examinations, the person
				shall:
(1) Hold a master's degree in
				landscape architecture from an institution of higher education approved by the
				board, be a graduate of a school or college approved by the board, have
				completed a landscape architecture curriculum of four years or more and have
				not less than two years of full-time lawful experience or the part-time
				equivalent in landscape architecture;
(2) Be a graduate of a school or college
				approved by the board, have completed a landscape architectural curriculum of
				four years or more and also have not less than three years of full-time lawful
				experience or the part-time equivalent in landscape architecture;
(3) Be a graduate of a school or college
				approved by the board, have completed a pre-landscape architectural or arts and
				science curriculum of four years or more and also have not less than five years
				of full-time lawful experience or the part-time equivalent in landscape
				architecture; or
(4) Have not less
				than twelve years of full-time lawful experience or part-time equivalent in
				landscape architecture.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 115 - PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS, AND LANDSCAPE ARCHITECTS › Subchapter 5 - LANDSCAPE ARCHITECTS › Section 16-115-96 - Re-examination

Current through June, 2024
(a) A person may retake the failed portions
				of the CLARB landscape architectural examination or the board-produced
				landscape architectural examination.
(b) A person applying to retake the failed
				portions of the CLARB landscape architectural licensing examination or
				board-produced landscape architectural licensing examination shall file an
				Application for Re-examination no later than March 10 for the examination which
				is regularly conducted once a year in June.
(c) 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 5 - LANDSCAPE ARCHITECTS › Section 16-115-98 - 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 landscape architecture under the supervision of licensed
				professional landscape architects; or
(2) Teaching in an accredited institution,
				school, or college of landscape 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.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 116 - TRAVEL AGENCIES › Subchapter 1 - GENERAL PROVISIONS › Section 16-116-1 - Objective

Current through June, 2024
This chapter is intended to clarify and implement sections
				  468K-3, 468K-4, 468K-5, 468K-6, 468K-8, 468K-9, 468K-10, 468K-11, and chapter
				  468L, 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 116 - TRAVEL AGENCIES › Subchapter 1 - GENERAL PROVISIONS › Section 16-116-2 - Definitions

Current through June, 2024
As used in sections 468K-3, 468K-4, 468K-5, 468K-6, 468K-8,
				  468K-9, 468K-10, 468K-11, chapter
				  468L, HRS, and this chapter:
"Branch office" means any place or location, other than the
				  principal place of business, from which a travel agency conducts a travel
				  agency business.
"Travel agency" or "agency" includes any branch office of a
				  travel agency which maintains a separate client trust account from the
				  principal agency.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 116 - TRAVEL AGENCIES › Subchapter 2 - POWERS AND DUTIES OF THE DIRECTOR › Section 16-116-7 - Delegation of authority

Current through June, 2024
The director may delegate any of the director's powers and
				  duties as the director deems reasonable and proper, provided that the director
				  shall not delegate the director's power and duty to:
(1) Adopt, amend, or repeal rules;
(2) Suspend or revoke any registration for
				any violation of chapters
				468K,
				468L, HRS, or this chapter;
				and
(3) Grant, deny, renew, refuse
				to renew, or otherwise condition a registration unless the granting, denying,
				refusal to renew, or conditioning of a registration does not require the
				exercise of the director's expertise and discretion.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 116 - TRAVEL AGENCIES › Subchapter 3 - REGISTRATION › Section 16-116-12 - Registration requirements

Current through June, 2024
(a) Application for
				registration shall be made under oath on a form provided by the director. The
				form may require the agency to provide:
(1)
				The travel agency's name and any trade names being used;
(2) Evidence of registration of the
				corporation, partnership, organization, association, and any trade names with
				the business registration division of the department;
(3) The applicant's business address and
				phone number and the business addresses and phone numbers of each branch
				office; and
(4) Evidence that the
				client trust account has been established in compliance with subchapter
				6.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 116 - TRAVEL AGENCIES › Subchapter 3 - REGISTRATION › Section 16-116-13 - Registration issued; notice of change

Current through June, 2024
A registration shall be issued only to agencies meeting the
				  requirements of chapter
				  468L and of this chapter and shall
				  not be transferable. Unless provided otherwise, in the event of any change of
				  information or documentation each agency or applicant shall notify the
				  director, in writing, within ten days of the change. Notice to registrants, as
				  required by law, shall be deemed met if notice is sent to the address on file
				  with the director.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 116 - TRAVEL AGENCIES › Subchapter 4 - DENIAL OR REJECTION OF REGISTRATION › Section 16-116-19 - Denial or rejection of application

Current through June, 2024
(a) An application
				for issuance of a registration shall be denied when an application is
				insufficient or incomplete. In addition, the director may deny issuance of a
				registration:
(1) When a license of the
				applicant or any officer, director, partner, or other personnel of the
				applicant has been terminated under section 468K-5, HRS; or
(2) When a license or registration, as the
				case may be, of the applicant or any officer, director, partner, or other
				personnel has been revoked or suspended under chapters
				468K,
				468L, HRS, or this chapter;
				or
(3) When an applicant fails to
				submit evidence of establishment or maintenance of a client trust account which
				is in compliance with subchapter
				6.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 116 - TRAVEL AGENCIES › Subchapter 5 - RENEWAL › Section 16-116-24 - Notice of renewal

Current through June, 2024
(a) All
				registrations shall expire on December 31 of each odd-numbered year.
(b) Before November 15 of the odd-numbered
				year, the director or the director's authorized delegate shall mail to every
				current registrant, a renewal application to the address of the registrant on
				record.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 116 - TRAVEL AGENCIES › Subchapter 5 - RENEWAL › Section 16-116-25 - Date for filing

Current through June, 2024
(a) All registrants
				shall complete and submit a renewal application, together with the required
				fees and a notarized statement which shall be in compliance with subchapter
				6, on or before December 31, 1993, and
				every subsequent odd-numbered year.
(b) A completed renewal application with the
				required fees and documents sent by United States mail shall be considered
				timely filed if the envelope bears a postmark no later than December 31 of the
				odd-numbered year.
(c) Failure to
				submit the notarized statement commencing with the 1994-95 renewal and each
				biennium thereafter shall cause the registration to be automatically
				forfeited.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 116 - TRAVEL AGENCIES › Subchapter 5 - RENEWAL › Section 16-116-26 - Automatic forfeiture of registration

Current through June, 2024
The failure to timely renew the registration, pay the
				  required fees, submit the required documentation, or pay fees with a check
				  which is honored upon first deposit shall cause the registration to be
				  automatically forfeited.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 116 - TRAVEL AGENCIES › Subchapter 5 - RENEWAL › Section 16-116-27 - Restoration of a forfeited registration

Current through June, 2024
(a) A registration
				which has been forfeited may be restored within six months of the forfeiture
				provided the applicant pays the appropriate fees, including restoration fees,
				and submits the notarized statement in compliance with subchapter
				6.
(b) An applicant who fails to restore the
				registration as provided above shall apply as a new applicant.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 116 - TRAVEL AGENCIES › Subchapter 5 - RENEWAL › Section 16-116-28 - Director may refuse to renew or restore

Current through June, 2024
(a) The director
				may refuse to renew or restore the registration for failure or refusal of the
				applicant or registrant:
(1) To properly
				complete or timely submit the application, all fees, and required
				documentation;
(2) To provide
				evidence that the travel agency's practices are in accordance with chapter
				468L, HRS, and this chapter; or
(3)
				To provide evidence of establishment and maintenance of a client trust
				account.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 116 - TRAVEL AGENCIES › Subchapter 6 - CLIENT TRUST ACCOUNTS, NOTARIZED STATEMENTS, DISCLOSURE OF CONSUMER RIGHTS › Section 16-116-33 - Client trust accounts

Current through June, 2024
(a) Each travel
				agency shall provide evidence of the establishment of the client trust account
				or accounts, which may be either a checking or savings account, by letter or a
				verified document from a federally insured financial institution located in
				Hawaii which states when the account was established, and the account number,
				or a copy of a blank, void check which bears the name and address of the
				financial institution, identifies the account as a client trust account, the
				name of the travel agency, and the client trust account number.
(b) A travel agency may deposit the agency's
				own moneys into the client trust account as advance moneys; provided that
				records regarding the amount of the advance deposit are maintained by the
				agency. An agency may withdraw the agency's own moneys; provided the date and
				amount of withdrawal is clearly identified in the agency's records.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 116 - TRAVEL AGENCIES › Subchapter 6 - CLIENT TRUST ACCOUNTS, NOTARIZED STATEMENTS, DISCLOSURE OF CONSUMER RIGHTS › Section 16-116-34 - Notarized statement

Current through June, 2024
(a) Each agency
				shall provide, by way of notarized verification by the principal owner or a
				responsible person of the travel agency, the following information on a form
				provided by the director:
(1) The date the
				account was established, account number, name and address of the federally
				insured financial institution located in Hawaii;
(2) That sums received from consumers for
				travel services have been deposited, or charged to the appropriate payment
				processing or card issuing company, by the agency within five business days of
				receipt or charge, as the case may be;
(3) That withdrawals made were:
(A) For partial or full payment for travel
				services to the entity or an authorized representative of the entity directly
				providing the travel services;
(B)
				For partial or full payment to another registered travel agency who in turn
				will be paying the travel services provider from the travel agency's
				account;
(C) To provide refunds to
				consumers;
(D) To withdraw advance
				deposits made by the agency;
(E) To
				withdraw the amount of the sales commissions, up to a maximum of fifteen per
				cent;
(F) To withdraw any interest
				earned and credited to the trust account; or
(G) Subsequent to providing all travel
				services, tickets, or other documentation binding upon the ultimate provider to
				the consumer; and
(4)
				That the account has not been closed.
(5) All notarized statements shall have been
				prepared within three months of the due date to the director.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 116 - TRAVEL AGENCIES › Subchapter 6 - CLIENT TRUST ACCOUNTS, NOTARIZED STATEMENTS, DISCLOSURE OF CONSUMER RIGHTS › Section 16-116-35 - Disclosure of consumer rights

Current through June, 2024
(a) Every travel
				agency shall provide to a consumer a written disclosure of the consumer's
				rights under section
				468L-7, HRS, no
				later than at the time the travel agency issues tickets, vouchers, or documents
				for travel services to the consumer.
(b) In the case of repeat customers or
				business accounts, the disclosure need only be given once, provided the travel
				agency is assured that the customer or business is aware of the provisions
				under section
				468L-7,
				HRS.
(c) In the case of group
				travel, the agency need not provide a form to each group member, but shall be
				required to provide a form to the group leader; provided the agency is assured
				that the group leader will accept responsibility to inform members of the group
				of the provisions under section
				468L-7,
				HRS.
(d) A travel agency shall
				obtain approval from the director or the director's authorized delegate prior
				to using the consumer's rights form developed by the agency. Approval may be
				withheld if the form:
(1) Does not contain
				all provisions under section
				468L-7,
				HRS;
(2) Is less than 8 point
				helvetica size print; or
(3) Fails
				to make necessary disclosures in a clear manner.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 116 - TRAVEL AGENCIES › Subchapter 7 - GROUNDS FOR DENIAL, REVOCATION, SUSPENSION, REFUSAL TO RENEW OR RESTORE, OR TO CONDITION REGISTRATION › Section 16-116-39 - Grounds for denial, revocation, suspension, refusal to renew or restore, or to condition registration

Current through June, 2024
In addition to any other acts or conditions provided by law,
				  the director may deny, revoke, suspend, refuse to renew or restore, or
				  condition in any manner, any registration for any one or more of the following
				  acts or conditions:
(1) Failure to
				meet or maintain the conditions and requirements necessary to qualify for the
				granting of registration;
(2)
				Failure to establish or maintain a client trust account in accordance with
				section
				468L-5,
				HRS, and subchapter 6;
(3) Failure
				to notify the director of any change in the travel agency's client trust
				account number or location within three business days of the change;
(4) Failure to allow the inspection or audit
				of books and records in accordance with section
				468L-3(6),
				HRS, and section 16-116-34;
(5)
				Failure to notify the director of any change of information, documentation, or
				mailing address in accordance with section 16-116-13;
(6) Violating any condition or limitation
				upon which the conditional registration was issued;
(7) Violating this chapter, the applicable
				licensing laws, or any rule or order of the director;
(8) Failure to comply with the deposit and
				withdrawal provisions of chapter
				468L-5, HRS, and this chapter;
				or
(9) Having a travel agency
				license issued under chapter
				468K, HRS, terminated upon the
				issuance of a court order authorizing payment from the travel agency recovery
				fund.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 116 - TRAVEL AGENCIES › Subchapter 8 - FEES › Section 16-116-44 - Fees established

Current through June, 2024
(a) The fees for
				applications, registration, renewal, restoration, and compliance resolution
				shall be as follows:
(1) Application fee
				............................... $20
(2) Registration fee
				............................... $40
(3) Biennial renewal fee
				........................... $20
(4)
				Restoration fee for failure to renew shall be the renewal fee, plus
				......................... $20
(5)
				Compliance resolution fund
(A) Compliance
				resolution fund fee ............... $25
(B) Annual compliance resolution fund fee
				......... $25
(C) Biennial
				compliance resolution fund fee ......... $50
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 116 - TRAVEL AGENCIES › Subchapter 9 - RECOVERY FUND › Section 16-116-51 - Recovery fund claims

Current through June, 2024
Claims for payment from the travel agency recovery fund
				  shall be limited to claims arising from travel services purchased prior to
				  October 1, 1991, provided that no claim may be paid based upon a lawsuit
				  commenced on or after October 1, 1993; and provided further that a claim shall
				  be paid only if made against an eligible travel agency duly registered during
				  the time period in question. An eligible travel agency is an agency or a travel
				  sales representative that previously, under section 468K-3, HRS, contributed to
				  the recovery fund.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 116 - TRAVEL AGENCIES › Subchapter 10 - CIVIL PROCEEDING › Section 16-116-55 - Civil proceeding

Current through June, 2024
A consumer who may have a claim against a travel agency may
				  elect to sue to recover damages which may result in recovery of three times the
				  actual damages or $1,000 whichever is greater. The consumer, if successful in
				  obtaining a judgment, who elects to recover from the recovery fund as outlined
				  in section
				  16-116-51, shall be limited to the
				  amount provided for under section 468K-3, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 116 - TRAVEL AGENCIES › Subchapter 11 - ADMINISTRATIVE PROCEDURES › Section 16-116-60 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for travel agencies
				  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 part of this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 117 - ACTIVITY PROVIDERS AND ACTIVITY DESKS › Subchapter 1 - GENERAL PROVISIONS › Section 16-117-1 - Objective

Current through June, 2024
This chapter is intended to clarify and implement Act 231,
				  Session Laws of Hawaii 1992 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 117 - ACTIVITY PROVIDERS AND ACTIVITY DESKS › Subchapter 1 - GENERAL PROVISIONS › Section 16-117-2 - Definitions

Current through June, 2024
As used in this chapter, unless the context otherwise
				  indicates:
"Average monthly net sales revenue report" means a report
				  which contains information on the monthly gross sales revenue of the activity
				  desk, the commission paid to activity desks, the net sales revenue, and the
				  average net sales revenue.
"Branch office" means any place or location other than the
				  principal place of business from which the activity desk conducts an activity
				  desk business.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 117 - ACTIVITY PROVIDERS AND ACTIVITY DESKS › Subchapter 2 - POWERS AND DUTIES OF THE DIRECTOR › Section 16-117-7 - Powers and duties of the director

Current through June, 2024
The director shall have the following powers and
				  duties:
(1) To grant, deny, renew, or
				refuse to renew permission to engage in the activity desk business;
(2) To enforce this chapter and Act 231,
				Session Laws of Hawaii 1992;
(3) To
				establish fees; and
(4) To suspend
				or revoke any registration for any violation of this chapter and Act 231, SLH
				1992.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 117 - ACTIVITY PROVIDERS AND ACTIVITY DESKS › Subchapter 2 - POWERS AND DUTIES OF THE DIRECTOR › Section 16-117-8 - Delegation of authority

Current through June, 2024
The director may delegate any of the director's powers and
				  duties as the director deems reasonable and proper, provided that the director
				  shall not delegate the director's power and duty to:
(1) Adopt, amend, or repeal rules;
(2) Suspend or revoke any registration for
				any violation of Act 231, SLH 1992 and this chapter; and
(3) Grant, deny, renew, refuse to renew, or
				otherwise condition a registration unless the granting, denying, refusal to
				renew, or conditioning of a registration does not require the exercise of the
				director's expertise and discretion.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 117 - ACTIVITY PROVIDERS AND ACTIVITY DESKS › Subchapter 3 - REGISTRATION › Section 16-117-12 - Registration required

Current through June, 2024
(a) Each activity
				desk and each branch office or location of an activity desk shall register
				prior to engaging in the business of an activity desk.
(b) Registration shall not be
				transferable.
(c) Any activity desk
				and any branch office of any activity desk shall be fined a sum of $100 for
				each day the desk or branch office engages in the business of an activity desk
				without being registered.
(d) An
				activity desk holding a current travel agency registration under chapter
				468L, HRS, may, upon adoption of
				this chapter, be issued registration with no additional fees, in accordance
				with Act 231, SLH 1992 and this chapter. Registration shall be converted only
				if the activity desk files a written election to convert from a travel agency
				registration to an activity desk registration.
(e) A person engaged in the travel agency
				business and the activity desk business is required to hold registrations under
				both chapter
				468L, HRS, and Act 231, SLH
				1992.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 117 - ACTIVITY PROVIDERS AND ACTIVITY DESKS › Subchapter 3 - REGISTRATION › Section 16-117-13 - Registration requirements

Current through June, 2024
(a) Application for
				registration shall be made under oath on a form provided by the director. The
				form may require the activity desk to provide:
(1) The activity desk's name and any trade
				names being used;
(2) Evidence of
				registration of the corporation, partnership, organization, association, and
				any trade names with the business registration division of the
				department;
(3) The applicant's
				business address and phone number and the business addresses and phone numbers
				of each branch office; and
(4)
				Evidence that a client trust account has been established, or in lieu of a
				client trust account, evidence that a bond or an irrevocable letter of credit
				has been issued. The bond or the irrevocable letter of credit shall be
				submitted with a notarized report verifying the average monthly net sales
				revenue of the activity desk and any branch offices.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 117 - ACTIVITY PROVIDERS AND ACTIVITY DESKS › Subchapter 3 - REGISTRATION › Section 16-117-14 - Registration issued; notice

Current through June, 2024
(a) A registration
				shall be issued only to activity desks meeting the requirements of Act 231, SLH
				1992, and this chapter.
(b) Unless
				provided otherwise, in the event of any change of information or documentation,
				each activity desk shall notify the director, in writing, within ten days of
				the change.
(c) Any notices to
				applicants or registrants as required by law shall be deemed met if notice is
				sent to the address on file with the director.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 117 - ACTIVITY PROVIDERS AND ACTIVITY DESKS › Subchapter 4 - DENIAL OR REJECTION OF REGISTRATION › Section 16-117-19 - Denial or rejection of application

Current through June, 2024
(a) An application
				for issuance of a registration shall be denied if an application is
				insufficient or incomplete. In addition, the director may deny issuance of a
				registration if any of the following exist:
(1) A license or registration, as the case
				may be, of the applicant or any officer, director, partner, or other personnel
				of the applicant has been terminated under section 468K-5 or chapter
				468L; or
(2) A license or registration, as the case
				may be, of the applicant or any officer, director, partner, or other personnel
				has been revoked or suspended under chapter
				468K or
				468L; or
(3) An applicant fails to submit a notarized
				net sales revenue report; evidence of establishment of a client trust account,
				evidence of a performance or guaranty type bond, or an irrevocable letter of
				credit with coverage in compliance with subchapter 5.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 117 - ACTIVITY PROVIDERS AND ACTIVITY DESKS › Subchapter 5 - CLIENT TRUST ACCOUNTS; BOND, IRREVOCABLE LETTER OF CREDIT › Section 16-117-24 - Client trust account, bond, irrevocable letter of credit

Current through June, 2024
(a)
				Each activity desk shall provide:
(1)
				Evidence that a client trust account with a federally insured financial
				institution located in Hawaii has been established; or
(2) A performance or financial guaranty type
				bond, or an irrevocable letter of credit issued by a surety or federally
				insured lending institution authorized to do business in the State to indemnify
				any consumer who may suffer loss as a result of non-performance by an activity
				desk.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 117 - ACTIVITY PROVIDERS AND ACTIVITY DESKS › Subchapter 5 - CLIENT TRUST ACCOUNTS; BOND, IRREVOCABLE LETTER OF CREDIT › Section 16-117-25 - Client trust account

Current through June, 2024
(a) Within three
				business days of receipt, an activity desk shall deposit all sums received from
				a consumer in a trust account maintained in a federally insured financial
				institution located in Hawaii.
(b)
				If the excursions or activities are paid for by means of a charge, credit or
				debit card, the activity desk shall submit the data to the appropriate payment
				processing or card issuing company within five days of the charge.
(c) The trust account required by this
				section shall be established and maintained for the benefit of the consumers
				paying money to the activity desk. The activity desk shall not in any manner
				encumber the amounts in trust and shall not withdraw money therefrom except:
(1) In partial or full payment for excursion
				or activities to the activity provider directly providing the services;
				or
(2) To make refunds as required
				by this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 117 - ACTIVITY PROVIDERS AND ACTIVITY DESKS › Subchapter 5 - CLIENT TRUST ACCOUNTS; BOND, IRREVOCABLE LETTER OF CREDIT › Section 16-117-26 - Performance or guaranty type of bond and irrevocable letter or credit

Current through June, 2024
(a) The bond shall be a performance or
				financial guaranty type bond naming the director as the obligee issued by a
				surety authorized to do business in this State, and which provides that:
(1) The bond may be cancelled by the activity
				desk only if the activity desk gives sixty days prior written notice to the
				surety and to the director; or
(2)
				The surety may cancel the bond if the surety gives thirty days prior written
				notice to the director; and
(3) The
				surety shall remain liable for any claims against the bond for a period of six
				months after cancellation of the bond if any debts are incurred by the activity
				desk while the bond was in effect and the director notifies the surety of any
				claims within ninety days of discovery of any claims.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 117 - ACTIVITY PROVIDERS AND ACTIVITY DESKS › Subchapter 5 - CLIENT TRUST ACCOUNTS; BOND, IRREVOCABLE LETTER OF CREDIT › Section 16-117-27 - Renewal of bond or irrevocable letter of credit coverage

Current through June, 2024
(a)
				Each activity desk providing a bond or a letter of credit with a coverage
				amount of less than $100,000 shall submit a notarized annual report at least
				four months before the anniversary date of the activity desk's
				coverage.
(b) Replacement bonds or
				letters of credit shall provide coverage as necessary according to the average
				monthly net sales revenue of the preceding twelve-month period in accordance
				with § 16-117-26.
(c) Any
				downward adjustment of coverage shall not be less than $50,000.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 117 - ACTIVITY PROVIDERS AND ACTIVITY DESKS › Subchapter 5 - CLIENT TRUST ACCOUNTS; BOND, IRREVOCABLE LETTER OF CREDIT › Section 16-117-28 - Substitution and maintenance of bond, irrevocable letter of credit, or client trust account; automatic forfeiture

Current through June, 2024
(a) An activity
				desk shall maintain the client trust account or the bond, or the irrevocable
				letter of credit.
(b) Substitutions
				for the client trust account or the bond or irrevocable letter of credit may be
				made provided:
(1) Coverage of any
				replacement bond or irrevocable letter of credit for a bond is effective prior
				to or on the same day of the bond which is scheduled to expire, and, further
				provided the replacement bond or irrevocable letter of credit is received by
				the director at least one business day before the bond expiration
				date;
(2) Coverage of a bond
				replacing an irrevocable letter of credit is effective prior to or on the same
				day the irrevocable letter of credit is scheduled to expire, and further
				provided the bond is received by the director at least one business day prior
				to the expiration date of the irrevocable letter of credit;
(3) Coverage of a letter of credit replacing
				a letter of credit is effective prior to or on the same day the irrevocable
				letter of credit is scheduled to expire and further provided the replacement
				letter of credit is received by the director at least fifteen days prior to the
				expiration date of the letter of credit; or
(4) Evidence that a client trust account was
				established at least two months prior to the expiration of the bond or the
				irrevocable letter of credit is received by the director within one day of
				establishment of the client trust account.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 117 - ACTIVITY PROVIDERS AND ACTIVITY DESKS › Subchapter 6 - RENEWAL › Section 16-117-38 - Notice of renewal

Current through June, 2024
(a) All
				registrations shall expire on December 31 of each odd-numbered year.
(b) Before November 15 of the odd-numbered
				year, the director or the director's authorized delegate shall mail to every
				current registrant a renewal application to the address of the registrant on
				record.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 117 - ACTIVITY PROVIDERS AND ACTIVITY DESKS › Subchapter 6 - RENEWAL › Section 16-117-39 - Date for filing

Current through June, 2024
(a) All registrants
				shall complete and submit a renewal application, together with the required
				documentation and fees on or before December 31 of each odd-numbered
				year.
(b) Activity desks providing
				a bond or letter of credit shall have a current bond or letter of credit in
				effect.
(c) Activity desks which
				have established client trust accounts shall provide evidence that the activity
				desk's practices are in accordance with Act 231, SLH 1992 and this
				chapter.
(d) A completed renewal
				application with the required fees and documents sent by United States mail
				shall be considered timely filed if the envelope bears a postmark no later than
				December 31 of the odd-numbered year.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 117 - ACTIVITY PROVIDERS AND ACTIVITY DESKS › Subchapter 6 - RENEWAL › Section 16-117-40 - Automatic forfeiture of registration

Current through June, 2024
The failure to timely renew the registration, submit the
				  required documentation, have a current client trust account, bond or
				  irrevocable letter of credit in effect, or pay the required fees with a check
				  which is honored upon first deposit shall cause the registration to be
				  automatically forfeited.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 117 - ACTIVITY PROVIDERS AND ACTIVITY DESKS › Subchapter 6 - RENEWAL › Section 16-117-41 - Restoration of a forfeited license

Current through June, 2024
(a) A registration
				which has been forfeited for failing to renew the registration may be restored
				within six months of the forfeiture, provided the applicant pays the
				appropriate fees, including restoration fees, and submits evidence of
				establishment of a client trust account or a notarized average monthly net
				sales revenue report with either the bond or a letter of credit; provided
				further that an activity desk that had established a client trust account for
				less than one year shall not be allowed to provide a bond or letter of credit
				in lieu of a client trust account.
(b) An applicant who fails to restore the
				registration as provided in subsection (a) shall apply as a new
				applicant.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 117 - ACTIVITY PROVIDERS AND ACTIVITY DESKS › Subchapter 6 - RENEWAL › Section 16-117-42 - Director may refuse to renew or restore

Current through June, 2024
(a) The director
				may refuse to renew or restore the registration for failure or refusal of the
				applicant or registrant:
(1) To properly
				complete or timely submit the application, all fees, and required
				documentation;
(2) To provide
				evidence that the activity desk's practices are in accordance with Act 231, SLH
				1992, and this chapter; or
(3) To
				provide evidence of establishment and maintenance of a client trust account, or
				current bond or letter of credit coverage.