reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 7 - CERTIFYING EMERGENCY MEDICAL SERVICE PERSONNEL › Section 16-85-55 - Recertification requirements

Current through June, 2024
(a) Certificate holders may comply with
				recertification requirements by having a current certificate from the National
				Registry of Emergency Medical Technicians (NREMT).
(b) Certificate holders who do not have a
				current certificate from the NREMT shall submit evidence of continuing
				education (CE) requirements that includes:
(1) For EMT-Basic:
(A) State approved EMT refresher training -
				twenty-four hour minimum;
(B)
				Annual cardiopulmonary resuscitation (CPR) certification; and
(C) Forty-eight hours of additional
				continuing education in any of the subjects listed in section
				16-85-56(a).
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 7 - CERTIFYING EMERGENCY MEDICAL SERVICE PERSONNEL › Section 16-85-56 - Courses of training

Current through June, 2024
(a) The EMT-Basic course of training shall be
				as follows:
(1) The course of training shall
				be based on, but not limited to, the national Emergency Medical Technician
				Ambulance (EMT-A) curriculum of the United States department of
				transportation;
(2) The course
				shall include the minimum theoretical knowledge necessary to provide for the
				application of basic life support skills in the delivery of prehospital
				emergency services in the following subjects for a minimum of one hundred
				eighty hours:
(A) Standards and policies of
				the emergency medical services system;
(B) Human systems and patient
				assessment;
(C) Respiratory
				emergencies;
(D) Cardiovascular
				emergencies;
(E) Neurological
				emergencies;
(F) Musculoskeletal
				injuries;
(G) Obstetrical and
				gynecological emergencies;
(H)
				Pediatric emergencies;
(I) Medical
				emergencies;
(J) Trauma;
(K) Shock;
(L) Basic knowledge of behavioral
				disorders;
(M) Extrication and
				rescue techniques; and
(N)
				Introduction to communications;
(3) The course shall include both hospital
				and emergency ambulance clinical experience to enable the student to
				demonstrate competency in basic life support skills required for certification.
				The course of clinical experience shall be for a minimum of one hundred
				thirty-five hours; and
(4) The
				course of training shall include the following skills:
(A) Perform cardiopulmonary
				resuscitation;
(B) Obtain basic
				patient history and physical examination;
(C) Obtain and monitor vital signs;
(D) Establish and maintain airways;
(E) Administer free-flow one hundred per cent
				oxygen;
(F) Ventilate with
				bag-mask;
(G) Apply and use
				mechanical automatic heart and lung resuscitator;
(H) Control hemorrhage;
(I) Apply bandages;
(J) Immobilize or splint fractures,
				dislocations, and sprains;
(K)
				Immobilize and extricate automobile injury victims;
(L) Perform light rescue and
				triage;
(M) Perform emergency
				delivery of baby, and provide newborn care;
(N) Initiate intervention with behavioral
				disorders;
(O) Apply antishock
				trousers (MAST);
(P) Operate a
				medical communications system;
(Q)
				Operate an emergency medical vehicle; and
(R) Perform twelve-lead electrocardiogram
				(EKG).
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 7 - CERTIFYING EMERGENCY MEDICAL SERVICE PERSONNEL › Section 16-85-57 - Repealed

Current through June, 2024
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 7 - CERTIFYING EMERGENCY MEDICAL SERVICE PERSONNEL › Section 16-85-58 - Repealed

Current through June, 2024
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 7 - CERTIFYING EMERGENCY MEDICAL SERVICE PERSONNEL › Section 16-85-59 - Scope of practice

Current through June, 2024
(a) The scope of practice of an EMT-Basic
				shall be restricted to the performance of the basic life support
				services.
(b) The scope of practice
				of an EMT-Paramedic shall be restricted to the performance of the basic and
				advanced life support services.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 7 - CERTIFYING EMERGENCY MEDICAL SERVICE PERSONNEL › Section 16-85-60 - Supervision; responsibility

Current through June, 2024
(a) Supervision of certified EMT-Paramedics
				providing services within the practice of medicine shall be by:
(1) Standing orders for life-threatening
				situations where morbidity or mortality may be increased without immediate
				medical intervention approved:
(A) By the
				department of health for emergencies requiring immediate life-saving medical
				care; and
(B) By the chief of the
				emergency department of a designated MEDICOM hospital; and
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 7 - CERTIFYING EMERGENCY MEDICAL SERVICE PERSONNEL › Section 16-85-61 - Repealed

Current through June, 2024
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 7 - CERTIFYING EMERGENCY MEDICAL SERVICE PERSONNEL › Section 16-85-62 - Revocation, limitation, suspension, or denial of certification

Current through June, 2024
Any certification granted pursuant to this subchapter, may
				  be revoked, limited, suspended, or denied by the board at any time in
				  accordance with section
				  16-85-120 for any one or more of
				  the acts listed in chapter
				  453, HRS or this
				  chapter.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 7 - CERTIFYING EMERGENCY MEDICAL SERVICE PERSONNEL › Section 16-85-63 - Repealed

Current through June, 2024
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 8 - PODIATRIC MEDICINE › Section 16-85-70 - Authority and purpose

Current through June, 2024
The purpose of this subchapter is to clarify and to
				  implement the administration of chapter
				  463E, HRS, in accordance with
				  section
				  463E-12,
				  HRS.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 8 - PODIATRIC MEDICINE › Section 16-85-71 - Definition

Current through June, 2024
Whenever used in this subchapter, unless the context
				  otherwise provides:
"Continuing education" or "CE" means post-graduate work or
				  continuing education in podiatric medicine.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 8 - PODIATRIC MEDICINE › Section 16-85-72 - Application

Current through June, 2024
(a) An application for license shall be made
				under oath on a form to be provided by the board. The form shall require the
				applicant to provide;
(1) The applicant's
				full name;
(2) All applicable fees,
				including the application fee which shall not be refunded;
(3) Evidence that the applicant is a graduate
				in podiatric medicine from a college approved by the Council on Podiatric
				Medical Education of the American Podiatric Medical Association;
(4) Evidence of passage of all parts of the
				National Board of Podiatric Medical Examination (NB) and the Podiatric Medical
				Licensing Examination for States (PMLEXIS);
(5) A report from the Federation of Podiatric
				Medical Boards relating to public action records;
(6) Information regarding any conviction of
				any crime which has not been annulled or expunged;
(7) If applicable, evidence of any licenses
				held or once held in other jurisdictions indicating the status of the license
				and documenting any disciplinary action; and
(8) Any other information the board may
				require to investigate the applicant's qualifications for license.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 8 - PODIATRIC MEDICINE › Section 16-85-73 - Repealed

Current through June, 2024
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 8 - PODIATRIC MEDICINE › Section 16-85-73.5 - PMLexis examination

Current through June, 2024
(a) The PMLexis examinations shall be
				conducted in Honolulu on the second Tuesday of June and the first Tuesday in
				December or an alternative date designated by the National Board of Podiatric
				Medical Examiners. A completed application for examination shall be filed at
				least sixty days prior to the examination date and shall be accompanied by the
				required fees.
(b) Applicants for
				the PMLexis examination shall:
(1) Pass with a
				score of at least seventy-five; and
(2) Be allowed postponements after being
				scheduled for an examination if the applicant's written request is received by
				the board thirty days prior to the scheduled examination date. Failure to meet
				this deadline shall result in the forfeiture of the applicant's examination
				administration fee.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 8 - PODIATRIC MEDICINE › Section 16-85-74 - Biennial renewal

Current through June, 2024
(a) At the time of the biennial renewal, not
				later than January 31 in each even-numbered year, each licensee that was issued
				a license before the previous biennial renewal, shall present evidence that the
				licensee has performed forty hours of CE during the previous
				biennium.
(b) At the time of the
				biennial renewal, each licensee who was licensed in the first calendar year of
				the previous biennial period, shall present evidence of performing twenty hours
				of CE in the calendar year immediately preceding the renewal date.
(c) There shall be no CE requirement at the
				time of the licensee's first renewal if the licensee was initially licensed in
				the twelve-month period prior to the January 31 renewal date.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 8 - PODIATRIC MEDICINE › Section 16-85-75 - CE requirements

Current through June, 2024
Licensees may comply with the continuing education
				  requirements by:
(1) Completing
				postgraduate work in an institution or college of podiatric medicine approved
				or accredited by the American Podiatric Medical Association (APMA) Council on
				Podiatric Medical Education (CPME) during the previous biennium; or
(2) Completing continuing education in
				podiatric medicine in a program that has been approved by the APMA CPME during
				the previous biennium.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 8 - PODIATRIC MEDICINE › Section 16-85-76 - Record keeping

Current through June, 2024
Each licensee shall be responsible for maintaining the
				  licensee's own CE records or by contracting with an agency to do
				  so.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 8 - PODIATRIC MEDICINE › Section 16-85-77 - Credit hour; definition

Current through June, 2024
One clock hour spent satisfying the requirements of CE
				  activities shall equal one credit hour for the purpose of satisfying the CE
				  credit hour requirements. The CE sponsoring organization shall specify the
				  credit hours to be credited for the activity, provided that the credit hours
				  specified for an activity shall not exceed the clock hours spent engaged in the
				  activity.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 8 - PODIATRIC MEDICINE › Section 16-85-78 - Certification of compliance

Current through June, 2024
At the time of renewal, each licensee shall certify on a
				  form provided by the board, that the licensee has complied with the CE
				  requirements set forth in this subchapter. The certification shall be under
				  oath if required by the board. The board may require any licensee to submit, in
				  addition to certification, further evidence satisfactory to the board
				  demonstrating compliance with the CE requirements.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 8 - PODIATRIC MEDICINE › Section 16-85-79 - False certification; penalty

Current through June, 2024
A false certification to the board by a licensee shall be
				  deemed a violation of section
				  463E-6(a)(17),
				  HRS, and subject the licensee to disciplinary proceedings.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 8 - PODIATRIC MEDICINE › Section 16-85-80 - Waiver or modification of CE requirements

Current through June, 2024
Any licensee seeking renewal of license without full
				  compliance with the CE requirements shall submit the renewal application, the
				  required fee, a notarized affidavit setting forth the facts explaining the
				  reasons for non-compliance, and a request for waiver or modification on the
				  basis of the facts. The board shall consider each case on an individual basis
				  and may grant waiver or modification of the requirements based on:
(1) Practice in isolated geographical areas
				with an absence of opportunities for CE by taped programs or otherwise;
				or
(2) Inability to devote
				sufficient hours to CE because of incapacity, undue hardship, or any other
				extenuating circumstances.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 8 - PODIATRIC MEDICINE › Section 16-85-81 - Repealed

Current through June, 2024
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 9 - ORAL TESTIMONY › Section 16-85-98 - 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 but in no case shall
				the period be less than five minutes, and the person testifying shall be
				informed prior to the commencement of the testimony of the time constraints to
				be imposed; and
(6) The board may
				refuse to hear any testimony which is irrelevant, immaterial, or unduly
				repetitious to the agenda item on which it is presented.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 10 - PRACTICE AND PROCEDURE › Section 16-85-101 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for the board of medical
				  examiners 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.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 11 - DENIAL, REJECTION, FORFEITURE › Section 16-85-107 - Denial or rejection of application

Current through June, 2024
(a) An application for issuance of a license
				or certificate shall be denied when an application is insufficient or
				incomplete or when an applicant has failed to provide satisfactory proof that
				the applicant meets the requirements under chapters
				453 or
				463E, HRS, or this chapter. In
				addition, the board may deny issuance of a license or certificate:
(1) When the applicant has committed any of
				the acts for which a license or certificate may be suspended or revoked under
				sections
				453-8
				or
				463E-6,
				HRS, or section 16-85-112;
(2) If
				the applicant fails to demonstrate that the applicant possesses a good
				reputation for honesty, truthfulness, fairness, and financial integrity;
				or
(3) If the applicant has had
				disciplinary action taken by any jurisdiction, including any federal or state
				regulatory body.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 11 - DENIAL, REJECTION, FORFEITURE › Section 16-85-108 - Automatic forfeiture for failure to renew; restoration

Current through June, 2024
(a) The failure to timely renew the license
				or certificate, pay the applicable fees, present evidence of complying with any
				continuing education requirements, or paying fees with a check which is
				dishonored upon first deposit shall cause the license or certificate to be
				automatically forfeited.
(b) A
				license or certificate which has been forfeited may be restored within two
				years after the date of forfeiture provided the applicant pays the appropriate
				fees including restoration fees, and submits any continuing education hours
				that would have been required had the licensee or certificate holder maintained
				licensure or certification.
(c) The
				board may, when reviewing the application for restoration, deny or reject the
				application in accordance with section 16-95-107.
(d) An individual whose license or
				certificate has been forfeited and who fails to restore the license or
				certificate as provided above, shall apply as a new applicant.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 12 - DISCIPLINARY SANCTIONS › Section 16-85-112 - Grounds for refusal to renew, reinstate or restore, and for revocation, suspension, denial, or condition of license or certificate

Current through June, 2024
In addition to any other acts or conditions provided in
				  sections
				  436B-19
				  and
				  453-8,
				  HRS, the board may refuse to renew, reinstate, or restore, or may deny, revoke,
				  suspend, or condition in any manner, any license or certificate for any one or
				  more of the following acts or conditions:
(1) Failure to comply with, observe, or
				adhere to any law in a manner such that the board deems the licensee or
				certificate holder to be an unfit or improper person to hold a license or
				certificate;
(2) Employing,
				utilizing, or attempting to employ or utilize at any time any person not
				licensed or certified where licensure or certification is required;
				or
(3) Violating this chapter, the
				applicable licensing laws, or any rule or order of the board.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 12 - DISCIPLINARY SANCTIONS › Section 16-85-113 - Suspended license or certificate

Current through June, 2024
No license or certificate shall be suspended by the board
				  for a period exceeding five years. A person whose license or certificate has
				  been suspended may apply for reinstatement of the license or certificate to the
				  extent authorized by law and upon complete compliance with any term or
				  condition imposed by the order of suspension. The application for reinstatement
				  shall be accompanied by all applicable fees, including but not limited to
				  reinstatement fees and any compliance resolution fund fees.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 12 - DISCIPLINARY SANCTIONS › Section 16-85-114 - Revoked license or certificate

Current through June, 2024
A person may apply for a new license or certificate after
				  five years from the effective date of the revocation of the license or
				  certificate by filing an application and complying with all current
				  requirements for new applicants. The board may waive any applicable education
				  or examination requirements upon being satisfied that the applicant whose
				  license or certificate has been previously revoked, has submitted documentation
				  that the applicant has maintained equivalent knowledge, competence, and
				  qualifications through work experience, training, or
				  education.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 12 - DISCIPLINARY SANCTIONS › Section 16-85-115 - Relinquishment no bar to jurisdiction

Current through June, 2024
The forfeiture, nonrenewal, surrender, or voluntary
				  relinquishment of a license or certificate by a licensee or certificate holder
				  shall not bar jurisdiction by the board to proceed with any investigation,
				  action, or proceeding to revoke, suspend, condition, or limit the license or
				  certificate, or fine the licensee or certificate holder.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 12 - DISCIPLINARY SANCTIONS › Section 16-85-116 - Summary suspension

Current through June, 2024
(a) Notwithstanding any law to the contrary,
				the board or the board's delegate may cause the immediate suspension or
				restriction of a license or certificate, subject to subsequent notice and
				hearing or other adequate procedures, upon a specific determination that the
				failure to take such an action may result in:
(1) An immediate and unreasonable threat to
				personal safety; or
(2) Fraud or
				misrepresentation upon consumers, and that, for the protection of the public
				from the possible consequences of practices, the licensee's license or
				certificate holder's certification should be immediately suspended or
				restricted.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 12 - DISCIPLINARY SANCTIONS › Section 16-85-117 - Civil and criminal sanctions for unlicensed or uncertified activity; fines; injunctive relief; damages; forfeiture

Current through June, 2024
(a) Any licensee or certificate holder aiding
				or abetting an unlicensed or uncertified person to directly or indirectly evade
				this chapter or the applicable licensing laws, or combining or conspiring with
				an unlicensed or uncertified person, or permitting one's license or certificate
				to be used by 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 or the applicable laws may be fined up to $1,000 for the
				first offense; up to $2,000 or, if applicable, forty per cent of the total
				contract price, whichever is greater, for the second offense; and up to $5,000
				or, if applicable, forty per cent of the total contract price, whichever is
				greater, for any subsequent offense. For purposes of this section, "contract
				price" means the total monetary consideration offered by the consumer for the
				provision of goods and services.
(b) Any person, who engages in an activity
				requiring a license or certificate issued by the board and who fails to obtain
				the required license or certificate, or who uses any word, title, or
				representation to induce the false belief that the person is licensed or
				certified to engage in the activity, other than a circumstance of first
				instance involving the inadvertent failure to renew a previously existing
				license or certificate, shall be guilty of a misdemeanor and be subject to a
				fine of not more than $1,000 or imprisoned not more than one year, or both, and
				each day's violation shall be deemed a separate offense.
(c) The board or any person 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
				board may also seek the imposition of fines provided by subsection (a). The
				plaintiff or petitioner in a suit for an injunction need not allege or prove
				actual damages to prevail. Reasonable attorney fees and costs shall be allowed
				by the court to the plaintiff or petitioner as the prevailing party.
(d) All tools, implements, armamentariums,
				documents, materials, or any other property used by any person to provide
				professional services without a license or certificate required by law shall be
				declared forfeited to the State by the court and turned over to the department
				of commerce and consumer affairs for disposition as it deems
				appropriate.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 12 - DISCIPLINARY SANCTIONS › Section 16-85-118 - 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, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 12 - DISCIPLINARY SANCTIONS › Section 16-85-119 - Severability

Current through June, 2024
If any provision of this chapter or the application thereof
				  to any person or circumstance is held invalid, the invalidity does not affect
				  other provisions or applications of the chapter which can be given effect
				  without the invalid provision or application, and to this end the provisions of
				  this chapter are severable.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 12 - DISCIPLINARY SANCTIONS › Section 16-85-120 - Hearings; judicial review

Current through June, 2024
Unless otherwise provided by law, in every case in which the
				  board refuses to issue, renew, restore, or reinstate a license or certificate,
				  or proposes to take disciplinary action or other licensing sanctions against a
				  licensee or certificate holder, the proceeding shall be conducted in accordance
				  with chapter
				  91.
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, June,
				  eff.6/22/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 85 - MEDICAL EXAMINERS › Subchapter 12 - DISCIPLINARY SANCTIONS › Section 16-85-121 - Criminal conviction

Current through June, 2024
(a) When an applicant, licensee, or
				certificate holder has been convicted of a crime related to the profession and
				it is determined that the conviction may be considered under section
				831-3.1,
				HRS, or chapters
				453 or
				463E, HRS, the board may request the
				following documents from the applicant, licensee, or certificate holder:
(1) Copies of any court records, orders, or
				other documents that state the facts and statutes upon which the applicant was
				convicted, the verdict of the court with regard to that conviction, the
				sentence imposed, and the actual terms of the sentence; and
(2) Affidavits from any parole officer,
				employer, other physicians, or other persons who can attest to a firm belief
				that the applicant has been sufficiently rehabilitated to practice.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 86 - MOTOR VEHICLE DEALERS AND SALESPERSONS › Subchapter 1 - GENERAL PROVISIONS › Section 16-86-1 - Objective

Current through June, 2024
This chapter is intended to clarify and implement chapter
				  437, Hawaii Revised Statutes, to the end that the provisions thereunder may be
				  most effectual and the public interest most effectively
				  served.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 86 - MOTOR VEHICLE DEALERS AND SALESPERSONS › Subchapter 2 - DEFINITIONS › Section 16-86-3 - Definitions

Current through June, 2024
As used in this chapter:
"Board" means the motor vehicle industry licensing board
				  established under chapter
				  437, HRS.
"Charity auction" means an auction held by a bona fide
				  charitable organization which holds a federal tax exempt status as a nonprofit
				  organization and meets the criteria set forth in subchapter 7.
"Motor vehicle" means every vehicle which is self-propelled
				  and every vehicle which is propelled by electric power but which is not
				  operated upon rails, but excludes mopeds.
"Vehicle" means every device in, upon, or by which any
				  person or property is or may be transported or drawn upon a highway, but
				  excludes devices moved by human power or devices used exclusively upon
				  stationary rails as tracks and mopeds.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 86 - MOTOR VEHICLE DEALERS AND SALESPERSONS › Subchapter 3 - LICENSING › Section 16-86-6 - Licensing requirements

Current through June, 2024
(a) Any person who
				engages in the business as or serves in the capacity of, or acts as a motor
				vehicle dealer, motor vehicle salesperson, motor vehicle auction, motor vehicle
				auctioneer, manufacturer, factory branch, factory representative, distributor,
				distributor branch, or distributor representative in this State or otherwise
				engages in the business of seeing or negotiating for the purchase of motor
				vehicles in this State are required to be licensed as provided for in chapter
				437, HRS, and this chapter.
(b) A
				motor vehicle manufacturer factory branch, factory representative, distributor,
				distributor branch, or distributor representative who pays the applicable
				fee(s) for one county shall not be assessed additional license fee(s) to
				operate in other counties in this State. Applicant desiring to operate in more
				than one county shall indicate this in the original application or advise the
				board in writing and the information shall be reflected on the license
				certificate.
(c) Licenses issued
				under the provisions of chapter
				437, HRS, shall be
				nontransferable.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 86 - MOTOR VEHICLE DEALERS AND SALESPERSONS › Subchapter 4 - APPLICATION › Section 16-86-10 - Application for license

Current through June, 2024
Applications for licenses shall be filed on forms prescribed
				  by the board, accompanied by the application fee which shall be
				  nonrefundable.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 86 - MOTOR VEHICLE DEALERS AND SALESPERSONS › Subchapter 4 - APPLICATION › Section 16-86-11 - Exhibits required

Current through June, 2024
(a) Applicants for
				the issuance of a dealer's or auction's license shall file:
(1) Floor plans showing measurements for all
				facilities, including boundaries of the proposed premises and sanitary
				facilities;
(2) Tenancy or lease
				agreement with landlord which shall include certification of landlord stating
				whether the property is being rented or leased and whether the property is
				located in a business zone;
(3)
				Confirmation letter signed by an official of a federally insured financial
				institution certifying that an inventory or flooring line of credit has been
				secured in the required amount indicated in section
				437-7,
				HRS;
(4) Photocopy of the financing
				statement filed at the bureau of conveyances of the department of land and
				natural resources, securing the inventory or flooring line of credit;
(5) Financial statement that is current and
				prepared by a registered certified public accountant or public accountant which
				need not be audited;
(6) Franchise
				agreement for new vehicle dealers only, attesting that applicant is authorized
				to sell or distribute new motor vehicles in the respective county;
				and
(7) Proof from the business
				registration division (BREG) of the department of commerce and consumer affairs
				that the partnership or corporation is properly registered with the
				State.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 86 - MOTOR VEHICLE DEALERS AND SALESPERSONS › Subchapter 4 - APPLICATION › Section 16-86-12 - Alternative form of security

Current through June, 2024
(a) Where an
				inventory or flooring line of credit cannot reasonably be obtained by a dealer,
				the board may provide that a bond, for one of the following amounts, be
				obtained as an alternative form of security:
(1) $200,000 for new vehicle dealers selling
				ten or more new motor vehicle units a month on an annual basis;
(2) $50,000 for new vehicle dealers selling
				less than ten new motor vehicle units per month on an annual basis;
(3) $100,000 for used motor vehicle dealers
				selling sixty or more motor vehicle units per month on an annual
				basis;
(4) $25,000 for a used motor
				vehicle dealer selling less than sixty units a month on an annual basis;
				and
(5) $10,000 for motorcycle and
				motor scooter dealers.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 86 - MOTOR VEHICLE DEALERS AND SALESPERSONS › Subchapter 5 - LICENSE RENEWAL › Section 16-86-15 - License renewal

Current through June, 2024
(a) Each license
				shall be renewed on or before June 30 of each even-numbered year.
(b) Application for renewal shall be
				accompanied by the applicable fee.
(c) Failure, neglect, or refusal to pay the
				renewal fee shall constitute grounds for forfeiture of license.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 86 - MOTOR VEHICLE DEALERS AND SALESPERSONS › Subchapter 6 - ADVERTISING › Section 16-86-19 - Advertising

Current through June, 2024
Advertising by any licensee shall be subject to the
				  following conditions:
(1) Statewide
				media (i.e., any media whose rate base includes statewide audiences) may be
				used by any licensee.
(2) If
				charges in addition to the price quoted in any advertisement are to be
				assessed, the exact amount of the charges and what they are assessed for shall
				be shown in the advertisement in type size equal to the quoted price in printed
				media or with equal prominence to the quoted price in electronic media. Any
				additional charge items shall include all options required by law to make the
				vehicle street legal as well as all optional equipment already installed on the
				vehicle being offered for sale.
(3)
				Transfer of title fees which may be excluded from a quoted price are limited to
				safety inspection fees and those fees imposed directly by some governmental
				authority. Dealership "documentary fees" or any other charges imposed by the
				seller shall be shown and the amount thereof quoted.
(4) Unfair or deceptive advertising by a
				motor vehicle dealer shall be punishable as provided by statute or ordinance
				and shall be deemed a violation of this chapter. It shall be considered unfair
				or deceptive advertising for any new motor vehicle dealer, in any
				advertisement, to offer a discount on a motor vehicle (or any premium or
				incentive tantamount to a discount) unless the amount of the discount is
				calculated from the manufacturer's suggested retail price (MSRP) of the vehicle
				so advertised; provided that optional equipment or services actually installed
				or applied on or to the vehicle, but not supplied by the manufacturer, may be
				added to the MSRP at the published retail price of the equipment.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 86 - MOTOR VEHICLE DEALERS AND SALESPERSONS › Subchapter 7 - CHARITY AUCTION › Section 16-86-23 - Charity auction

Current through June, 2024
Any bona fide charitable organization which holds federal
				  tax exempt status as a nonprofit organization may hold an auction for the
				  benefit of charity provided that the following criteria are met:
(1) Application to hold the auction is made
				to the board stating the date, time, and place of the auction;
(2) No more than one auction shall be held in
				any county of the State by the same organization in one calendar
				year;
(3) No vehicle to be
				auctioned shall be purchased by the organization (auctioned vehicles may be
				acquired only through donation of the vehicle to be auctioned); and
(4) Total number of vehicles to be sold in
				any auction shall not exceed ten.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 86 - MOTOR VEHICLE DEALERS AND SALESPERSONS › Subchapter 8 - ORAL TESTIMONY › Section 16-86-27 - 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 so notify the board no 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 summary
				of the remarks, in writing to the board;
(3) The board may rearrange the items on the
				agenda for the purpose of providing for the most efficient and convenient
				presentation of oral testimony;
(4)
				Persons presenting oral testimony shall, at the beginning of the testimony,
				identify themselves and the organization, if any, that they
				represent;
(5) The board may limit
				oral testimony to a specified time period but in no case shall the period be
				less than five minutes, and the person testifying shall be informed prior to
				the commencement of the testimony of the time contraints to be imposed;
				and
(6) The board may refuse to
				hear any testimony which is irrelevant, or immaterial or duly repetitious to
				the agenda item on which it is presented.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 86 - MOTOR VEHICLE DEALERS AND SALESPERSONS › Subchapter 9 - SEVERABILITY › Section 16-86-31 - Severability

Current through June, 2024
If any section of this chapter is declared unconstitutional,
				  or the applicability of the section to any person or circumstance is held
				  invalid, the constitutionality of the remainder of this chapter and
				  applicability of this chapter to other persons and circumstances shall not be
				  affected.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 86 - MOTOR VEHICLE DEALERS AND SALESPERSONS › Subchapter 10 - PRACTICE AND PROCEDURE › Section 16-86-35 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure of motor vehicle
				  dealers, salespersons, auctions, auctioneers, manufacturers, factory branches,
				  factory representatives, distributors, distributor branches, and distributor
				  representatives 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 87 - MOTOR VEHICLE REPAIR DEALERS AND MECHANICS › Subchapter 1 - GENERAL PROVISIONS › Section 16-87-1 - Objectives

Current through June, 2024
This chapter is intended to clarify and implement chapter
				  437B, 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 87 - MOTOR VEHICLE REPAIR DEALERS AND MECHANICS › Subchapter 1 - GENERAL PROVISIONS › Section 16-87-2 - Familiarity with statutes and rules

Current through June, 2024
Every motor vehicle repair dealer and mechanic shall become
				  familiar with chapter
				  437B, HRS, and this chapter. This
				  chapter and chapter 437B, HRS, shall apply to all motor vehicle repair dealers
				  and mechanics, as defined by chapter
				  437B, HRS, in the State of Hawaii,
				  and all motor vehicle repair dealers and mechanics shall at all times comply
				  with this chapter and with all applicable laws of the State and the various
				  counties. Every repair dealer shall possess and make available to customers for
				  inspection a copy of chapter
				  437B, HRS, and this chapter at each
				  place of business and with each mobile repair facility, as registered with the
				  board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 87 - MOTOR VEHICLE REPAIR DEALERS AND MECHANICS › Subchapter 2 - APPLICABILITY OF RULES › Section 16-87-7 - Exemption

Current through June, 2024
This chapter does not apply to:
(1) Employees of the county, state, and
				federal governments when carrying out the functions of governmental employment;
				or
(2) Employees of any commercial
				or business enterprise who engages in the repair of motor vehicles which are
				owned, maintained, and operated exclusively by commercial or business
				enterprise and which are not leased or rented to others.
Mechanics in the above categories may voluntarily register
				  pursuant to the provisions of chapter
				  437B, HRS, and this
				  chapter.