Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 97 - PRIVATE DETECTIVES AND GUARDS › Subchapter 6 - LICENSE SUSPENSION AND REVOCATION › Section 16-97-46 - Grounds for suspension, revocation, and refusal to renew a license

Current through June, 2024
Failure of any licensee to comply with chapter
				  463, HRS, or this chapter shall be
				  grounds for suspension, revocation, or refusal to renew the license after a
				  hearing, pursuant to chapter 16-201. In addition, the following shall be
				  grounds for suspension, revocation, or refusal to renew the license:
(1) Any dishonest, fraudulent, or deceitful
				activity which causes substantial damage to a licensee's client;
(2) Unfair or deceptive acts or practices as
				prohibited by section
				480-2,
				HRS;
(3) The abandonment of a
				contract or project without a reasonable or legal excuse;
(4) The diversion, misappropriation,
				conversion, or concealment of a client's funds or property;
(5) Conviction in any jurisdiction of a crime
				which reflects unfavorably on the fitness of the licensee to engage in the
				profession, provided the sentence has not been annulled or expunged by court
				order and provided that licensees may present evidence to the board as to why
				any conviction of a crime should not be the basis for suspension, revocation,
				or refusal to renew a license;
(6)
				Failure to keep proper business records of a client's account or to maintain
				possession and custody of property entrusted to a licensee by a
				client;
(7) Advertising by means of
				false and deceptive statements or by statements which tend to deceive or
				defraud;
(8) Any use by an agency
				of an unlicensed person to directly manage the agency;
(9) Impersonation of a police officer or
				member of any law enforcement agency by the licensee or licensee's
				employee;
(10) Misrepresentation of
				any material fact in connection with the submission of employee registration
				information to the board;
(11)
				Failure to maintain a current surety bond as required under section
				463-12, HRS;
(12) Misrepresentation of a material fact by
				an applicant in obtaining a license;
(13) Providing false information to a client
				with respect to any surveillance or security project;
(14) Misrepresenting a material fact, on any
				investigative, surveillance, or security report;
(15) Soliciting business for an attorney or
				law firm;
(16) Failure to submit a
				completed license renewal application form when due;
(17) Engaging in any illegal or unlawful
				conduct which reflects unfavorably on the fitness of the licensee to engage in
				the profession;
(18) Found to have
				undergone psychiatric or psychological treatment or if any treatment has been
				recommended for any psychiatric or psychological disorder which may be
				detrimental to the profession, provided that licensees may present statements
				signed by the attending physician, psychologist, or psychiatrist attesting to
				the licensee's mental and emotional fitness to engage in the
				profession;
(19) Failing to include
				the license number on any advertising;
(20) Violation of any law or rule of the
				federal, State, or any county relating to the carrying of weapons, safety, or
				labor where the law or rule has a rational relationship to the qualifications,
				functions, duties, or responsibilities of any guard or detective licensee;
				or
(21) Failure in any material
				respect to comply with chapter
				463, HRS, or this chapter.